The following conditions apply to the use of the Mommysavesbig service.
Effective Date: September 1, 2019
1. Acceptance of Terms
Mommysavesbig,.and their subsidiaries and affiliates (hereinafter referred to as “Mommysavesbig”, “we”, “us”, or “our”) provide a digital coupon marketplace in the United States of America (the “Services”) which includes, and is accessible via, (i) the websites published at http://www.mommysavesbig.com and (ii) mobile-device applications owned or operated by us that are branded as Mommysavesbig by Mommysavesbig and link to these Terms (collectively, the “Applications”). The Services, for example, allow users to access coupons of certain third-party merchants (“Merchants”) for online or in-store use.
By using the Services, you agree to comply with and be legally bound by the terms and conditions of these Terms of Use (“Terms”) as presented to you, the user, without any changes. These Terms govern your access to and use of the Services, and constitute a binding legal agreement between you and Mommysavesbig. If you do not agree to these terms, please do not use the Services. Your agreement with us regarding compliance with these Terms becomes effective immediately upon commencement of your use of the Services.
2. Privacy Policy . In addition to these Terms, the use of the Services is subject to the terms of the Mommysavesbig Privacy Policy, which may be found at http://www.mommysavesbig.com/privacy-policy? and is expressly incorporated herein by reference.
3. Eligibility. Promotions as hereafter defined are available to individual users of Mommysavesbig who are residents of the United States and at least eighteen years of age. Participation in any Promotion and the opportunity to earn Rewards from any Promotion are offered at the sole discretion of Mommysavesbig. Mommysavesbig has the right, in its sole discretion, to change these Promotion Terms in whole or in part at any time, without notice. Purchases for resale or commercial use are excluded from eligibility. In any calendar month, you are limited to the Number of Rewards Offers per Person and the amount that you may earn, in the aggregate under all Mommysavesbig Rewards Offers, may be limited (e.g., one thousand dollars ($1,000.00 USD) per month).
4. Cash Back Rewards and Wallet Terms
By participating in a Mommysavesbig Cash Back Rewards Offer (each, a “Promotion”), you agree to be bound by these Cash Back Rewards and Wallet Terms (these “Promotion Terms”) as well as Mommysavesbig’s Terms of Use and Privacy Policy. In the event of a conflict between these Promotion Terms and Mommysavesbig’s Terms of Use, these Promotion Terms will control. These Promotion Terms apply to “online cash back offers” and “in-store cash back offers.”
5. Key Promotion Conditions and Definitions
“Activated Rewards Offer” means a Rewards Offer for a Promotion that has been initiated by you but is not yet completed. Gift Card Cash Back Rewards Offers activate automatically with a Qualifying Purchase. In-Store Cash Back receipt scanning Offers may activate when you submit a Receipt after a Qualifying Purchase during the Promotion Period. For other Offers, activating a Rewards Offer requires at a minimum clicking the Promotion Link or Link Cash Back Button, and may require additional steps as described on the Promotion Landing Page.
“Approved Reward” means a Reward offered under an Activated Rewards Offer for which Mommysavesbig has determined that you: (1) met the eligibility requirements; (2) completed the required purchase(s); and (3) satisfied all other applicable conditions in order for the Reward to become eligible for redemption.
“Bonus Reward” means a bonus Reward offered to certain Mommysavesbig members who complete a qualifying activity or who meet certain criteria, as defined in a Rewards Offer Card or Promotion Landing Page, in addition to or in combination with offers for Online Cash Back Rewards, Gift Card Cash Back Rewards or In-store Cash Back Rewards.
“Eligible Payment Card” means a U.S.-issued Visa, American Express or Mastercard credit or debit card (subject to limitations with debit card transaction eligibility described below). Some Visa, American Express, and Mastercard cards are not Eligible Payment Cards including, without limitation: Visa, American Express or Mastercard Corporate cards, Visa, American Express or Mastercard Purchasing cards, non-reloadable prepaid cards, government-administered prepaid cards (including EBT cards), healthcare cards (including Health Savings Account (HSA) or Flexible Spending Account (FSA) cards), insurance prepaid cards, Visa Buxx, and Visa-branded cards whose transactions are not processed through the Visa U.S.A. payment system.
“Excluded Items” means any and all items that fall within categories, if any, specified on the Promotion Landing Page or in the Rewards Offer Card (e.g., the “details” section) as being excluded from the Minimum Purchase Amount. For example, the purchase of a gift card or prepaid card from a Merchant will not generally count towards the Minimum Purchase Amount because the purchase of such cards from a Merchant is an excluded category. The determination of whether particular purchases fall within an excluded category will be determined at Mommysavesbig’s sole discretion. If you are unsure whether a desired item falls within an excluded category, please check the details section of the applicable Rewards Offer Card and direct any questions to our website “Contact Us” form prior to making your online purchase.
“Gift Card Cash Back Rewards” means Rewards that Mommysavesbig tracks through your purchases from Mommysavesbig of third-party digital gift cards via the Mommysavesbig website or app.
“In-store Cash Back Rewards” means Rewards that Mommysavesbig either (i) tracks through your card-linked purchases and may sometimes be referred to as “Card-Linked Cash Back,” Card-Linked Cash Back Rewards,” or (ii) provides after receiving a Receipt from Qualified Transaction and may sometimes be referred to as “In-Store Cash Back” or “In-Store Cash Back Rewards” on the Mommysavesbig website or app, or on the Promotion Landing Page.
“Link Cash Back Button” means a virtual button provided on the Promotion Landing Page or Rewards Offer Card that allows you to activate a Rewards Offer. In some cases, clicking the Link Cash Back Button may also direct you to the Merchant’s website.
“Linked Card” means an Eligible Payment Card that you have registered with Mommysavesbig.
“Merchant” means the merchant that is specified on the Promotion Landing Page.
“Minimum Purchase Amount” means the amount specified on the Promotion Landing Page as the minimum purchase amount from the Merchant that is required to be eligible for the applicable Rewards Offer. The Minimum Purchase Amount excludes discounts/promos, store points/rewards programs, tax, tip, fees, and any amount used to purchase Excluded Items.
“Number of Rewards Offers per Person” means (a) for Online Cash Back Rewards, a limit of fifteen (15) Rewards Offers in the aggregate under all Mommysavesbig Promotions in any calendar month and a limit of five (5) Rewards per Merchant in any calendar month and (b) for In-store Cash Back Rewards, a limit of five (5) Rewards Offers in the aggregate under all Mommysavesbig Promotions in any calendar month, unless otherwise specified in the Promotion Landing Page.
“Online Cash Back Rewards” means Rewards that Mommysavesbig tracks through your Internet browser (e.g., tracking cookies) and may sometimes be referred to as “Online Cash Back” on the Mommysavesbig website or app, or on the Promotion Landing Page.
“Payment Services Provider” means the applicable Eligible Payment Card issuer, payment network or platform, or third party authorized by an Eligible Payment Card issuer or payment network or platform.
“Promotion Landing Page” means the website or app page that describes the Promotion and links to these Promotion Terms.
“Promotion Link” means the hyperlink provided on the Promotion Landing Page of an Online Cash Back Rewards Offer that directs you to the Merchant’s website. You must click on the Promotion Link in the same session that you purchase from the Merchant in order to be eligible for the Rewards Offer.
“Promotion Period” means the period beginning on the start date specified on the Promotion Landing Page and ending at the earlier of (1) the time that all of the Total Number of Rewards Offers available during Promotion have been claimed or (2) the end date specified on the Promotion Landing Page. The Promotion Period may be shortened or extended at Mommysavesbig’s discretion. All start and end dates are based on Central Standard Time unless otherwise indicated.
“Qualifying Transaction” means a purchase that is (a) in an amount greater than the Minimum Purchase Amount; (b) from a participating Merchant; (c) in connection with a Rewards Offer; (d) made with a Linked Card or submitted through a Receipt; and (e) in Mommysavesbig’s sole discretion, satisfies all of the Promotion Terms.
“Receipt” means a proof of purchase from an in-store Qualifying Transaction with a Merchant during the Promotion Period. To be eligible for an In-Store Cash Back Reward, the Receipt must clearly display the date; Merchant name; receipt number or other identifier specific to that Merchant, that Qualifying Transaction and on that applicate date; the item(s) purchased; the item price; and total amount spent on the item(s). The Receipt must clearly display all required information and meet any other specified terms to be eligible for an In-Store Cash Back Reward, including terms displayed on the Promotion Landing Page or Rewards Offer Card. All decisions regarding whether to issue a Reward and/or accept a Receipt are in Mommysavesbig’s sole discretion.
“Redemption Process” means the steps you must take, as specified by Mommysavesbig in its sole discretion, in order to redeem Approved Rewards. The Redemption Process is further described below.
“Reward” means a reward given by Mommysavesbig to you for fulfilling the requirements of the Promotion, as specified on a Promotion Landing Page and Rewards Offer Card.
“Rewards Offer” means an offer for a Reward.
“Rewards Offer Card” means the area of a website page or app that describes a Rewards Offer and may include the Link Cash Back Button, a details section, and a link to a Promotion Landing Page.
“Rewards Wallet” means the user interface associated with your Mommysavesbig account that will show Activated Rewards, Approved Rewards, and related information.
“Third-party Service Providers” is as defined in Section VI below.
“Total Rewards available during Promotion” or “Total Rewards Offer” means the limited quantity of Rewards available under the Promotion, as specified on the Promotion Landing Page if the quantity is limited.
7. Wallet and Redeeming Rewards
Approved Rewards will be shown in the Mommysavesbig Rewards Wallet. You have no vested rights in Approved Rewards unless and until you complete the Redemption Process. If your Mommysavesbig account is terminated by Mommysavesbig, as provided in these Promotion Terms or the Terms of Use, or if you elect to close your Mommysavesbig account, you will no longer be permitted to access the Rewards Wallet or redeem Approved Rewards shown therein. You may redeem Approved Rewards for cash using PayPal or Venmo, or for digital gift cards.
A. Redeeming for cash to PayPal.
In order to redeem Approved Rewards for cash via PayPal, you must: (1) have or create a PayPal Account that is linked to the email address that Mommysavesbig has on file for you; (2) navigate to the “My Rewards” section of “My Wallet”, click “Redeem Reward”, and then click “Get Cash” and “Venmo;” and (3) perform any actions specified in the Mommysavesbig app or website, as modified from time to time in the sole discretion of Mommysavesbig. For example, such actions may include authenticating your account by providing a cell phone number or re-entering a password, clicking the appropriate link or button and linking your payment card and shopping with the Linked Card at the participating merchant. Once you have completed the required steps to redeem Approved Rewards, Mommysavesbig will issue a payment to the PayPal Account that is linked to the email address that you provided Mommysavesbig at the time you created your account. An email will be sent to that email address confirming that the payment has been issued. Generally, redemption of an Approved Reward will result in the issuing of payment within minutes, but in some cases may require a longer time period. Mommysavesbig is not responsible for lost or stolen payments or for delivery of payments to the wrong PayPal account.
B. Redeeming for cash to Venmo.
In order to redeem Approved Rewards for cash via Venmo, you must: (1) have or create a Venmo Account that is linked to the phone number that Mommysavesbig has on file for you; (2) navigate to the “My Rewards” section of “My Wallet”, click “Redeem Reward”, and then click “Get Cash” and “Venmo;” and (3) perform any actions specified in the Mommysavesbig app or website, as modified from time to time in the sole discretion of Mommysavesbig. For example, such actions may include authenticating your account by providing a cell phone number or re-entering a password, clicking the appropriate link or button and linking your payment card and shopping with the Linked Card at the participating merchant. Once you have completed the required steps to redeem Approved Rewards, Mommysavesbig will issue a payment to the Venmo Account that is linked to the phone number that you provided Mommysavesbig at the time you created your account. A text message will be sent to that phone number confirming that the payment has been issued. Generally, redemption of an Approved Reward will result in the issuing of payment within minutes, but in some cases may require a longer time period. Mommysavesbig is not responsible for lost or stolen payments or for delivery of payments to the wrong Venmo account.
C. Redeeming for a Digital Gift Card.
In order to redeem Approved Rewards for a digital gift card, you must: (1) have an Approved Cash Back Rewards balance of at least $5 and be willing to redeem that entire balance for a single digital gift card; (2) navigate to the “My Rewards” section of “My Wallet”, click “Redeem Reward”, and then click “Get Digital Gift Card” to select a digital gift card; and (3) perform any other actions specified in the Mommysavesbig app or website, as modified from time to time in the sole discretion of Mommysavesbig. Such other actions may include, for example, authenticating your account by providing a cell phone number or re-entering a password. Once you have completed the required steps to redeem Approved Rewards for a digital gift card, you will be able to access the digital gift card number and PIN from the “My Gift Cards” section of “My Wallet”. Generally, redemption of an Approved Reward will result in the issuing of a digital gift card within minutes, but in some cases may require a longer time period. Mommysavesbig is not responsible for lost or stolen digital gift cards. ALL REDEMPTIONS FOR DIGITAL GIFT CARDS ARE FINAL. MOMMYSAVESBIG HAS A STRICT NO REFUNDS OR EXCHANGES POLICY FOR DIGITAL GIFT CARD REDEMPTIONS. Gift card numbers and PIN numbers will only be stored with Mommysavesbig for 100 days. After that time, the card will be no longer available on Mommysavesbig. Please use the gift card or save the PIN number elsewhere before the 100 day expiration.
D. Forced Redemptions.
You are responsible for ensuring compliance with any limitations or requirements specified by Mommysavesbig from time to time, including, but not limited to, requirements to redeem Approved Rewards that exceed amounts specified by Mommysavesbig. Mommysavesbig reserves the right, in its sole discretion, from time to time, to cause the redemption of Approved Rewards, in whole or in part, and issue payments to the PayPal account linked to the email address that you provided Mommysavesbig at the time you created your account, but Mommysavesbig undertakes no obligation to do so under any circumstances. You hereby authorize Mommysavesbig to perform any such redemptions and issue any such payments to the PayPal account linked to the email address that you provided Mommysavesbig at the time you created your account, automatically and without further action by you.
8. Third Party Monitoring and Transaction Data for In-store Cash Back Rewards
Your transactions at participating Merchants will be monitored by the applicable Payment Services Provider. This means that Mommysavesbig will notify the applicable Payment Services Provider when you have Activated a Rewards Offer and will provide your Linked Card number to the Payment Services Provider, and the Payment Services Provider will notify Mommysavesbig when it identifies, and provide details of, a Qualifying Transaction. You authorize Mommysavesbig and the relevant Payment Services Provider to provide such notifications and engage in such monitoring.
Mommysavesbig will use the transaction data as described in the Mommysavesbig Privacy Policy. You also authorize your Payment Services Provider to monitor and share transaction data made with your Linked Card at participating merchants with Mommysavesbig and its third-party service providers (“Third Party Service Providers”). Mommysavesbig will obtain, provide and/or use your transaction data to enable my Rewards Offers, target Rewards Offers that may be of interest to you, and facilitate Mommysavesbig Card-Linked Cash Back Rewards Offers in accordance with Mommysavesbig’s Terms of Use and Privacy Policy. You may opt-out of Mommysavesbig Card-Linked Cash Back Rewards at any time by tapping “Linked Cards” in your profile, swiping left on your card(s) and tapping “Delete.” We use Third Party Service Providers to help us operate Card-Linked Cash Back Rewards. If you enroll an Eligible Payment Card with Mommysavesbig and, at the same time, a separate program operated by a Third-Party Service Provider, you may be restricted from earning certain Mommysavesbig Card-Linked Cash Back Rewards.
9. Abuse and Cancellations.
Mommysavesbig reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, or the payment of any Rewards amounts at any time without obligation to you, including, without limitation, if any fraud, technical failures, limit of available Rewards, gaming, human error or any other factor impairs the integrity, availability or proper functioning of the Promotion, as determined by Mommysavesbig in its sole discretion. Without limiting anything in the Terms of Use, Mommysavesbig reserves the right, in its sole discretion, to disqualify, terminate or suspend the participation in any Promotion, or otherwise prevent future participation, of any individual it finds, or reasonably suspects, to be tampering with the operation of the Promotion (including by submitting or attempting to submit fraudulent or ineligible Receipts) or to be acting in violation of the Promotion Terms of this or any other promotion, or in an unethical, dishonest, deceptive or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be in violation of criminal and civil law, and, should such an attempt be made, Mommysavesbig reserves the right to seek damages from any such person to the fullest extent permitted by law. Mommysavesbig’s failure to enforce any term of these Promotion Terms shall not constitute a waiver of that provision. Neither Mommysavesbig nor any Payment Services Provider shall be liable to you for any suspension, modification or termination of a Rewards Offer or the Promotion program.
Use of any automated means or more than one account to participate is prohibited and will result in disqualification. In the event of any dispute as to the qualification of potential recipients of a Reward, the authorized account holder of the email address provided to Mommysavesbig at the time the account was created will be deemed the qualified recipient. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential recipient of Rewards may be required to show proof of being an authorized account holder.
10. Community Participation
A. Registration
To utilize certain portions of the Services, you may be required to complete a registration process and establish an account with Mommysavesbig (“Account”). You represent and warrant that all information provided by you to Mommysavesbig is current, accurate, and complete, and that you will maintain the accuracy and completeness of this information on a prompt, timely basis.
For additional information on the terms of participating in our online community, please visit our Community FAQ.
B. Password and Security
As a registered user of the Services, you may receive or establish a user name and one or more passwords. You are solely responsible for maintaining the confidentiality and security of your password(s) and Account(s). You understand and agree that you are individually and fully responsible for all actions and postings made from your Account(s). Any accounts you create are not transferrable. You agree to notify Mommysavesbig immediately if you become aware of any unauthorized use of your Account(s).
C. User Generated Content
Mommysavesbig does not pre-screen or regularly review all user contributed content (“Submissions”). Mommysavesbig reserves the absolute right (though not the obligation) to edit or remove, without notice, any Submissions. Mommysavesbig disclaims (i) any warranty that it will edit, remove, or continue to display any Submissions and (ii) any liability for editing, removing, or continuing to display any Submissions. Mommysavesbig does not have an obligation to respond to complaints or investigate complaints.
By posting any Submissions, you represent and warrant:
(a) you have all right, title, and interest to such posted content, including but not limited to any consent, authorization, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input or submit the posted content, or
(b) such posted content is in the public domain, or
(c) your use of such posted content constitutes fair use. You further represent and warrant that posting such content does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual or proprietary property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity.
You also agree not to post any of the following types of content to the Sites or Applications:
(a) adult content, pornography, explicit sexual images, or nude images;
(b) content that is offensive, defamatory, threatening, harassing, intimidating, explicit, vulgar, or obscene;
(c) content promoting discrimination, bigotry, racism, hate, harassment, harm, abuse or destructive actions.
(d) content promoting illegal activities; or primarily political, religious, psychic, or metaphysical content;
(e) content promoting pirated software;
(f) content intending for phishing or spreading malware;
(g) content that is disparaging of any person or entity;
(h) content that is in violation of any law or regulation; or
(i) any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by us.
You agree that all of Mommysavesbig’s trademarks, trade names, service marks, and other logos and brand features (including, without limitation, “Mommysavesbig”, “Mommysavesbig Everyday”, “Score the Savings You Want”, and “Save When You Want, Where You Want”) that are displayed via the Services (collectively, the “Marks”) are trademarks and the property of Mommysavesbig. You agree not to display or use Mommysavesbig’s Marks in any manner without Mommysavesbig’s prior permission, including but not limited to as a part of a domain name or any other identifier. Third-party trademarks are the property of their respective third-party owners. Presence of a third-party trademark on the Services does not mean that Mommysavesbig has any relationship with that third party or that such third party endorses the Services or Mommysavesbig.
D. License to Mommysavesbig
By posting or contributing Submissions, or by providing any feedback, testimonials, suggestions, ideas, and other submissions to Mommysavesbig, you are granting Mommysavesbig a non-exclusive, royalty-free, perpetual, irrevocable and worldwide license to use such content in connection with the operation of the Services and for any purpose whatsoever, including, without limitation:
(a) the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, disclose, edit, translate, modify, adapt, create derivative works from and reformat such content, and/or to incorporate it into a collective work, and
(b) the right to sublicense any or all of Mommysavesbig’s license rights to others.
You acknowledge and agree that such rights are granted without paying you any compensation and without any further obligations or restrictions.
You further waive any and all moral rights in and to such content in favor of Mommysavesbig. For greater certainty, this means that, among other things, Mommysavesbig has the right to use any and all ideas you submit (including ideas about our products, services, publications or advertising campaigns) in any manner that we choose, without any notice or obligation to you whatsoever.
14. Acts Against the Services
Mommysavesbig hereby grants you a limited, personal, non-exclusive, non-commercial, non-transferable license to access and use the Services as provided by Mommysavesbig solely for your personal use and enjoyment in the manner permitted by these Terms. You shall not attempt or engage in potentially harmful acts that are directed against the Services including, without limitation, any one or more of the following:
(a) Using the Services in contravention of any other agreement to which you are a party, including without limitation any employment agreement to which you may be a party;
(b) causing, allowing, or assisting any other person to impersonate you;
(c) sharing your password or login with any other person;
(d) logging onto a server or Account(s) that you are not authorized to access;
(e) creating more than one account, forging user names, manipulating identifiers, or otherwise impersonating any other person or misrepresenting your identity or affiliation with any person or entity;
(f) emulating or faking usage of the Services;
(g) violating or attempting to violate any security features of the Services;
(h) using manual or automated software, devices, scripts, robots, or other means or processes to access, “scrape,” “crawl,” or “spider” any pages contained in the Sites or for data mining or automated data submission;
(i) introducing viruses, worms, software, Trojan horses, or other similar harmful code into the Services;
(j) interfering or attempting to interfere with the use of the Services by any other user, host, or network, including without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” “pinging,” or “crashing” the Services;
(k) causing, allowing or assisting machines, bots, or automated services to access or use the Services without the express written permission of Mommysavesbig;
(l) tampering with the operation, functionality, or the security of the Services, including any non-public areas of the Services;
(m) attempting to override or circumvent any security or usage rules embedded into the Services that permit digital materials to be protected or any other technological measures;
(n) attempting to probe, scan, or test the vulnerability of the Services, or any associated system or network, or breach any security or authentication measures;
(o) misusing, tricking, disrupting, or otherwise interfering with the functioning of the Services;
(p) accessing the Services through unauthorized connections;
(q) harvesting or collecting email addresses, other contact information, or other personally identifiable information of other users or clients from the Services by electronic or other means;
(r) reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for any underlying intellectual property used to provide the Services;
(s) engaging in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
(t) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
(u) deep-linking to any portion of this Services without our express written permission;
(v) acting illegally or maliciously against the business interests or reputation of Mommysavesbig or the Merchants promoted via the Services;
(w) hyperlinking to the Services from any other website without our initial and ongoing consent;
(x) using the Services or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with Mommysavesbig, including using the Services or any of its contents, including Submissions, in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited commercial messages;
(y) reselling or repurposing your access to the Services or any purchases made through the Services; or
(z) using the Services or any of its resources to solicit other users of the Services, Merchants or other business partners of Mommysavesbig to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Mommysavesbig, including without limitation, aggregating current or previously offered coupons or deals.
Violations of system or network security may result in civil or criminal liability. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines or engines that are intended to damage, destroy, disrupt, or otherwise impair a computer’s functionality or operation.
12. Content
A. Information Accuracy
Mommysavesbig makes no representation or warranty as to the accuracy or fitness for use of any offers, including, but not limited to, coupons, rebates, discounts, etc. posted via the Services (“Coupons”) or that any Merchant will honor or acknowledge any such Coupons. Mommysavesbig is not responsible for providing any value for any Coupons. Mommysavesbig is not responsible for the change of information at Merchants, including, but not limited to, rebate information, pricing, availability or fitness for use. You understand that Mommysavesbig does not and cannot review all material made available through websites linked or linking to any part of the Services.
B. Linking
You understand that any linking to or from the Services does not imply in any way that Mommysavesbig is endorsed by any third party or that Mommysavesbig endorses or is affiliated with any third party or any third-party website. You agree that Mommysavesbig bears no responsibility or liability for any content accessed or harm caused from any third-party website. Other websites may collect and treat information they collect differently, so we encourage you to carefully read and review the privacy policy and terms of use for each website you visit.
C. Trademark Information
You agree that all of Mommysavesbig’s trademarks, trade names, service marks, and other logos and brand features (including, without limitation, “Mommysavesbig”, “Mommysavesbig Everyday”, “Mommysavesbig Rx Saver” “RxSaver by Mommysavesbig” and “LowestMed”) that are displayed via the Services (collectively, the “Marks”) are trademarks and the property of Mommysavesbig. You agree not to display or use Mommysavesbig’s Marks in any manner without Mommysavesbig’s prior permission, including but not limited to as part of a domain name or any other identifier. Third-party trademarks are the property of their respective third-party owners. Presence of a third-party trademark on the Services does not mean that Mommysavesbig has any relationship with that third party or that such third party endorses the Services or Mommysavesbig.
D. Intellectual Property Ownership
All right, title and interest in the Services, including technology and trade secrets embodied therein and any custom developments created or provided in connection with or related to these Terms, including all copyrights, patents, trade secrets, trade dress and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to Mommysavesbig or its licensors, and you shall have no rights whatsoever in any of the foregoing. You acknowledge that the Services constitute a valuable trade secret and/or are the confidential information of Mommysavesbig or its licensors. Nothing in these Terms or otherwise will be deemed to grant to you an ownership interest in the Services, in whole or in part. All content and materials included as part of the Services, such as Submissions, text, graphics, logos, button icons, images, audio clips, information, data, forms, photographs, graphs, videos, typefaces, graphics, music, sounds, other material, and software (the “Works”) are the property of Mommysavesbig, its licensors, or applicable third party rights holders (such as Merchants), and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Works are copyrighted as individual works and as a collective work under copyright laws and international treaty provisions, and Mommysavesbig owns a copyright in the selection, coordination, arrangement and enhancement thereof. You may not use, copy, adapt, modify, remove, delete, augment, add to, publish, transmit, adapt, translate, license, participate in the transfer or sale of, transfer, publicly display or perform, transmit, broadcast, create derivative works from, or in any way exploit any of the Works, in whole or in part. Any use other than as contemplated herein, including the reproduction, modification, distribution, transmission, adaptations, translation, republication, display, or performance, of the Works, except as specifically permitted herein, is strictly prohibited. You understand and acknowledge that unauthorized disclosure, use or copying of the proprietary products and services provided pursuant to these Terms may cause Mommysavesbig and its licensors irreparable injury, which may not be remedied at law, and you agree that Mommysavesbig and its licensors’ remedies for breach of these Terms may be in equity by way of injunctive or other equitable relief.
E. Digital Millennium Copyright Act Policy
Notice and Takedown Procedure
It is our policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA”). This section describes the information that should be present in these notices. The form of notice specified below is consistent with the form suggested by the DMCA (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov ), but we will respond to notices of this form from other jurisdictions as well.
It is expected that all users of any part of the Services will comply with applicable copyright laws. If Mommysavesbig receives proper notification of claimed copyright infringement, our response to these notices will include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating user Account(s), regardless of whether we may be liable for such infringement under applicable law.
If we remove or disable access to the Services in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification pursuant to Sections 512(g)(2) and (3) of the DMCA. We may also document notices of alleged infringement on which we act.
Designated Agent
Mommysavesbig’s Designated Agent to receive notification of alleged infringement under the DMCA is:
Email: legal@mommysavesbig.com
Upon receipt of proper notification of claimed infringement, Mommysavesbig will follow the procedures outlined herein and in the DMCA.
Infringement Notification
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Mommysavesbig’s Designated Agent (listed above) the following information in a written communication (preferably via email):
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Mommysavesbig to locate the material on the Sites or Applications;
Information reasonably sufficient to permit Mommysavesbig to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
The following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”;
The following statement: “I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”; and
A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
Counter Notification
A provider of content subject to a claim of infringement may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. To file a counter notification with us, please provide Mommysavesbig’s Designated Agent (listed above) the following information in a written communication (preferably via email):
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
Your name, address, and telephone number;
The following statement: “I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located]”;
The following statement: “I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent”;
The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”; and
Your signature, in physical or electronic form.
Upon receipt of such counter notification, Mommysavesbig will promptly provide the person who provided the original infringement notification with a copy of the counter notification and inform that person that Mommysavesbig will replace the removed material or cease disabling access to it in 10 business days. Mommysavesbig will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless our Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network.
Repeat Infringers
In accordance with Section 512(i)(1)(a) of the DMCA, Mommysavesbig will, in appropriate circumstances and in its discretion, disable and/or terminate the accounts of users who are repeat infringers.
17. Indemnification
You acknowledge and agree to indemnify and hold Mommysavesbig, its affiliates, and their respective directors, officers, employees, agents, or other representatives, harmless, including costs and attorneys’ fees, from any claim or demand made by any third party arising out of (a) your use of the Services, (b) your Submissions, (c) your violation of these Terms, (d) the infringement by you or made under your Account(s) of any intellectual property or other right of any person or entity or (e) any products or services purchased by you in connection with the Services. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you.
18. Disclaimer, Release, & Limitation of Liability
A. Disclaimer
THE SERVICES AND ANY SUBMISSIONS, CONTENT AND INFORMATION PROVIDED ON OR ACCESSIBLE FROM THE SERIVCES, ARE PROVIDED BY MOMMYSAVESBIG ON AN “AS IS” AND “AS AVAILABLE” BASIS. MOMMYSAVESBIG MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS AVAILABLE VIA THE SERVICES, OR E-MAIL SENT FROM MOMMYSAVESBIG ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
B. Release
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH MERCHANTS AND OTHER USERS OF THE SITES. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, YOU HEREBY RELEASE MOMMYSAVESBIG FROM ANY AND ALL CLAIMS OR LIABILITY (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR PERSONAL INJURY, DEATH, OR DAMAGE TO OR LOSS OF PROPERTY) RELATED TO: ANY PRODUCT OR SERVICE OF A MERCHANT; ANY ACTION OR INACTION BY MERCHANT; MERCHANT’S FAILURE TO COMPLY WITH APPLICABLE LAW; PARTICIPATION IN A PROMOTION; USE OR MISUSE OF ANY REWARDS OFFER; OR ANY CONDUCT OR SPEECH, WHETHER ONLINE OR OFFLINE, OF ANY OTHER USER.
THE MERCHANTS ARE FULLY AND SOLELY RESPONSIBLE FOR THE CARE AND QUALITY OF ALL GOODS AND SERVICES THEY PROVIDE TO YOU AND FOR ANY AND ALL INJURIES, ILLNESSES, DAMAGES, CLAIMS, LIABILITIES AND COSTS (“LIABILITIES”) THEY MAY CAUSE YOU TO SUFFER, DIRECTLY OR INDIRECTLY, IN FULL OR IN PART, WHETHER RELATED TO THE USE OR ACTIVATION OF A REWARDS OFFER OR NOT.
THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR: (1) ANY INCORRECT OR INACCURATE INFORMATION, WHETHER CAUSED BY YOU, TYPOGRAPHIC ERRORS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE PROMOTION; (2) TECHNICAL FAILURES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO MALFUNCTIONS, INTERRUPTIONS, OR DISCONNECTIONS IN PHONE LINES OR NETWORK HARDWARE OR SOFTWARE; (3) UNAUTHORIZED HUMAN INTERVENTION IN ANY PART OF THE PROMOTION; (4) TECHNICAL OR HUMAN ERROR WHICH MAY OCCUR IN THE ADMINISTRATION OF THE PROMOTION; OR (5) ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY WHICH MAY BE CAUSED, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM YOUR PARTICIPATION IN THE PROMOTION OR RECEIPT OR USE OR MISUSE OF ANY REWARDS. IF FOR ANY REASON YOUR PURCHASE IS NOT RECORDED, ERRONEOUSLY DELETED, LOST, OR OTHERWISE DESTROYED OR CORRUPTED, YOUR SOLE REMEDY IS TO COMPLETE ANOTHER PURCHASE DURING THE PROMOTION
C. Limitation of Liability
TO THE EXTENT ALLOWED BY APPLICABLE LAW, MOMMYSAVESBIG, ITS AFFILIATES, LICENSORS, VENDORS OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES MOMMYSAVESBIG AND EACH PAYMENT SERVICES PROVIDER (“RELEASED PARTIES”) HEREBY DISCLAIM ANY LIABILITY TO YOU IN CONNECTION WITH YOUR PARTICIPATION IN A PROMOTION, INCLUDING ANY ACTIVATION OF A REWARDS OFFER OR REDEMPTION OF ANY REWARDS. THIS INCLUDES, WITHOUT LIMITATION, ANY GOODS OR SERVICES SOLD IN CONNECTION WITH A REWARDS OFFER, HONORING OR FULFILLING A REWARDS OFFER, THE MERCHANT WHOSE GOODS OR SERVICES ARE THE SUBJECT OF A REWARDS OFFER, OR THE FAILURE OF MOMMYSAVESBIG OR A PAYMENT SERVICES PROVIDER TO PROVIDE ANY NOTIFICATIONS OR ENGAGE IN ANY MONITORING DESCRIBED HEREIN, TO APPROVE THE REWARD FOR A QUALIFYING TRANSACTION, OR TO PROVIDE ANY UPDATES ABOUT A REWARDS OFFER OR REWARD.
IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL AND INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE SERVICES, PROMOTIONS, ANY SUBMISSIONS, THE APPLICATIONS OR SITES, OR A THIRD PARTY’S COUPONS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER MOMMYSAVESBIG WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: “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.”
D. Applicability
THE LAWS OF CERTAIN JURISDICTIONS 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.
19. Dispute Resolution
By agreeing to these Terms, you agree to resolve any and all disputes with Mommysavesbig and relating to any Promotion(s) as follows:
A. Initial Dispute Resolution
Most disputes can be resolved without resort to litigation. You can reach our Customer Support by sending an email to: support@mommysavesbig.com. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with our Customer Support, and good faith negotiations shall be a condition to either party initiating arbitration or, where applicable, a lawsuit.
B. Binding Arbitration
If the parties do not reach an agreed-upon solution within a period of sixty (60) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below.
Specifically, all claims arising out of or relating to these Terms (including the Terms’ or Privacy Policy’s formation, performance, and breach), the parties’ relationship with each other, and/or your use of any Promotion shall be finally settled by binding arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms or the Privacy Policy, including but not limited to any claim that all or any part of these Terms or Privacy Policy is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To start an arbitration, you must do the following: (a) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com); (b) send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, California 94111; and (c) send one copy of the Demand for Arbitration to Mommysavesbig, Attn: Legal Department, 301 Congress Ave, Suite 700, Austin, TX 78701.
To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Mommysavesbig will pay the additional filing fee. If the arbitrator finds the arbitration to be non-frivolous, Mommysavesbig will pay the fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.
The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial (where applicable). They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing. For individuals residing outside the United States, arbitration shall be initiated in Travis County in the State of Texas, United States of America, and you and Mommysavesbig agree to submit to the personal jurisdiction of any federal or state court in Travis County, Texas in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
C. Exception for Intellectual Property Claims, Small Claims Court Claims, and Injunctive or Other Equitable Relief by Mommysavesbig
Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property exclusively in Texas State Court located in Travis County, Texas, in the United States District Court for the Western District of Texas (Austin Division), or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). You agree to submit to the personal jurisdiction all three courts. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction. Where applicable and not overridden by federal law, litigation under this exception shall be governed by the laws of the state of Texas, regardless of your country of origin or where you access the Promotions or related services, notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods.
You acknowledge and agree that any violation or breach of the Terms may cause Mommysavesbig immediate and irreparable harm and damages. Accordingly, and notwithstanding any other provision of these Terms or other applicable legal requirements, you acknowledge and Mommysavesbig reserves the right, in its discretion, to immediately seek and obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek and obtain permanent injunctive relief regarding any violation or breach of these Terms. In addition to any and all other remedies available to Mommysavesbig in law or in equity, Mommysavesbig may seek specific performance of any term in these Terms, including but not limited to by preliminary or permanent injunction. Notwithstanding the above, you agree that Mommysavesbig shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
D. Class Action Waiver
The parties further agree that arbitration or, where applicable, litigation shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND MOMMYSAVESBIG AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes on a class basis.
E. 30-Day Right to Opt Out.
You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to legal@rmn.com with the subject line, “MANDATORY ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty (30) days of (a) the Effective Date of these Terms; or (b) the first date that you participated in a Promotion subject to any versions of the Terms that included this version of the mandatory arbitration and class action waiver, whichever is later. Otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, Mommysavesbig also will not be bound by them.
F. Changes to This Section.
Any changes to this section will only become effective sixty (60) days after the revised Effective Date of these Terms and only will apply prospectively to claims arising after the sixtieth (60th) day. If a court or arbitrator decides that this subsection on “Changes to This Section” is not enforceable or valid, then this subsection shall be severed from the section entitled “Mandatory Arbitration and Class Action Waiver,” and the court or arbitrator shall apply the first Mandatory Arbitration and Class Action Waiver section in existence when you participated in the Promotion(s) at issue.
G. Express Survival.
The Mandatory Arbitration (19.B.) and Class Action Waiver (19.D.) sections shall survive any termination of the Promotion program covered by these Terms.
20. Other
A. Third Party Legal Notices
Certain features of the Services are subject to third party terms and conditions.
Our Applications for Android-based mobile devices utilize the Google Maps Android API and, as a consequence, are subject to the legal notices published at this link
Our Applications for iOS-based mobile devices (“our iOS App”) is subject to the following terms imposed by Apple, Inc. (“Apple”): (i) these Terms are between Mommysavesbig and you only, and not with Apple. Apple is not responsible for our iOS App and the content thereof; (ii) your license to use our iOS App is limited to a non-transferable license to use the iOS App on an iOS product that you own or control and as permitted by the usage rules set forth in Apple’s App Store terms of service; (iii) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to our iOS App; (iv) in the event of any failure of our iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for our iOS App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to our iOS App; (v) Apple is not responsible for addressing any claims of yours or any third party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (a) product liability claims; (b) any claim that our iOS App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; (vi) in the event of any third party claim that our iOS App or your possession and use of our iOS App infringes that third party’s intellectual property rights, Apple, will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; (vii) you represent and warrant that (a) 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; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties; (viii) you must comply with any other applicable third party terms when using our iOS App (e.g., your wireless data service agreement); and (ix) Mommysavesbig and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
B. Termination of Service
Mommysavesbig disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Services. Mommysavesbig reserves the right to modify, add or discontinue any aspect, content or feature of the Service, suspend, or discontinue the Services or access to the Services without any notice at any time and without any liability to you. Your continued use or accessing of the Services following the posting of any such changes to the Terms constitutes your acceptance of the changed Terms. To the extent that an arbitrator or court of applicable jurisdiction determines that applying any changes to these Terms would render this an illusory or unenforceable contract, such changes shall be applicable on a prospective basis only, with respect to events or circumstances occurring after the date of such changes, to the extent necessary to avoid these Terms being deemed illusory or unenforceable.
Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of the Sites, Applications or Services, including but not limited to all content, services, digital products, tools or products, and any other acts engaging in unlawful or inappropriate conduct using the Services, is hereby expressly prohibited.
C. International Use
Although the Services may be accessible worldwide, we make no representations that materials on the Services are appropriate or available for use in locations outside the United States. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Services is void where prohibited.
D. Miscellaneous
These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. However, Mommysavesbig may operate additional projects or services which require separate or additional terms. Such different terms are made available through the individual project or service and are not addressed further herein. If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
E. SURVIVAL
ANY PROVISION OF THESE TERMS AND CONDITIONS THAT BY ITS NATURE IS REASONABLY INTENDED TO SURVIVE BEYOND TERMINATION OF THESE TERMS AND CONDITIONS SHALL SURVIVE.
21. Damages For Violations Of Section 14(d)-(z)
In addition to any injunctive relief discussed above, if you are involved or cause others to be involved in behavior that violates Section 3.5(d)-(z) above, you agree to pay to Mommysavesbig the total amount of all actual damages (including but not limited to direct, indirect, consequential and incidental damages) caused by such a violation of these Terms for which you bear responsibility. Further, you acknowledge that, for violations of Section 2.5(d)-(z), actual damages would be extremely difficult or impossible to quantify. Accordingly, for violating Section 3.5(d)-(z), you agree to pay liquidated damages to Mommysavesbig as described in the schedule set forth in Section 8.7 below.
Furthermore, you agree that the amounts of liquidated damages described in Section 8.7 below are reasonable estimates of Mommysavesbig’s damages for violations of Section 2.5(d)-(z).
You further agree that, to the greatest extent permitted by applicable law, every remedy described by these Terms, including the liquated damages set forth in Section 8.7, shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise.
22. Liquidated Damages Schedule For Violations Of Section 14(d)-(z)
For purposes of this schedule of liquidated damages, “Item of Content” means each and every Coupon of any type featured on the Mommysavesbig website by Mommysavesbig or any user (or any other third party in any manner). Each Coupon that is featured on the Mommysavesbig website is a single Item of Content. Each Item of Content shall be considered and treated as an individual, discrete Item of Content even if it contains the same or substantially similar content as one or more other Items of Content.
For purposes of this schedule of liquidated damages, “Instance of Unauthorized Conduct,” or “Act” means each individual time Mommysavesbig’s servers are accessed in connection with or in facilitation of a violation of Section 14(d)-(z). With respect to the Instances of Unauthorized Conduct enumerated in below, each day Mommysavesbig’s servers are accessed to facilitate one or more of the violations enumerated therein shall constitute one Instance of Unauthorized Conduct.
For each violation of Section 14(d)-(z), you agree to pay liquidated damages to Mommysavesbig in the amount specified below. You further acknowledge and agree that the imposition of liquidated damages for each such violation is independent and distinct, and that the assessment of total liquidated damages for multiple violations is cumulative and in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise.
A. $50 Per Item of Content copied in Violation of Section 14in Violation of Section 14(h) or (k)
You agree to pay $50 per violation for each Item of Content accessed or obtained via Mommysavesbig (1) using manual or automated software, devices, scripts, robots, or other means or processes to access, “scrape,” “crawl,” or “spider” any pages contained in the Sites of Mommysavesbig or for data mining or automated data submission or (2) by causing, allowing or assisting machines, bots, or automated services to access or use the Services without the express written permission of Mommysavesbig.
B. $100 Per Instance of Unauthorized Conduct in Violation of Section 14(d)-(e)
You agree to pay $100 per violation for each (1) Act of logging onto a server or Account(s) that you are not authorized to access or (2) Act of creating more than one account, forging user names, manipulating identifiers, or otherwise impersonating any other person or misrepresenting your identity or affiliation with any person or entity.
C. $1,000 Per Instance of Unauthorized Conduct in Violation of Section 14(f)-(g)
You agree to pay $1,000 per violation for each (1) Act of emulating or faking usage of the Services or (2) Act of violating or attempting to violate any security features of the Services.
D. $10,000 Per Instance of Unauthorized Conduct in Violation of Section 14(h)-(z)
You hereby acknowledge that certain technology can be misused to facilitate harm to Mommysavesbig, its users, and/or its affiliates on a massive scale.
You agree to pay $10,000 for each:
(1) Act of using manual or automated software, devices, scripts, robots, or other means or processes to access, “scrape,” “crawl,” or “spider” any pages contained in the Sites or for data mining or automated data submission;
(2) Act of introducing viruses, worms, software, Trojan horses, or other similar harmful code into the Services;
(3) Act of interfering or attempting to interfere with the use of the Services by any other user, host, or network, including without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” “pinging,” or “crashing” the Services;
(4) Act of causing, allowing or assisting machines, bots, or automated services to access or use the Services without the express written permission of Mommysavesbig;
(5) Act of tampering with the operation, functionality, or the security of the Services, including any non-public areas of the Services;
(6) Act of attempting to override or circumvent any security or usage rules embedded into the Services that permit digital materials to be protected or any other technological measures;
(7) Act of attempting to probe, scan, or test the vulnerability of the Services, or any associated system or network, or breach any security or authentication measures;
(8) Act of misusing, tricking, disrupting, or otherwise interfering with the functioning of the Services;
(9) Act of accessing the Services through unauthorized connections;
(10) Act of harvesting or collecting email addresses, other contact information, or other personally identifiable information of other users or clients from the Services by electronic or other means;
(11) Act of reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for any underlying intellectual property used to provide the Services;
(12) Act of engaging in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
(13) Act of forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
(14) Act of deep-linking to any portion of this Services without our express written permission;
(15) Act of acting illegally or maliciously against the business interests or reputation of Mommysavesbig or the Merchants promoted via the Services;
(16) Act of hyperlinking to the Services from any other website without our initial and ongoing consent;
(17) Act of using the Services or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with Mommysavesbig, including using the Services or any of its contents, including Submissions, in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited commercial messages;
(18) Act of reselling or repurposing your access to the Services or any purchases made through the Services; or
(19) Act of using the Services or any of its resources to solicit other users of the Services, Merchants or other business partners of Mommysavesbig to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Mommysavesbig, including without limitation, aggregating current or previously offered coupons or deals as set forth in Section 14(f)-(z).
If you have any questions or comments about these Terms, please contact us at the following address:
Email: legal@mommysavesbig.com
Customer Service Support
If you need Customer Service Support for our Mommysavesbig Services, please Contact Us.