MobiSave, LLC Terms and Conditions

Last Updated: January 13, 2015

PLEASE REVIEW THESE TERMS AND CONDITIONS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS AS A MEMBER, PARTICULARLY IN REGARDS TO DISPUTE RESOLUTION, AS DESCRIBED MORE FULLY BELOW.

Welcome to MobiSave. We are glad to have you as a member of our system. We are committed to giving you a great experience and providing the best possible offers and value for your time. BEFORE YOU GET STARTED, YOU MUST READ THESE TERMS AND CONDITIONS AND AGREE TO ABIDE THEM AS A MEMBER. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT USE THE MOBISAVE MOBILE APPLICATION OR THE WWW.MOBISAVE.COM

Acceptance of Terms and Conditions

By accessing, downloading and/or using MobiSave, LLC’s ("MobiSave, LLC," "we" or "us") mobile application (the “APP”) and web site (the “SITE”), including without limitation using the Service offered thereon, you accept and agree to be bound by these Terms and Conditions. MobiSave, LLC may revise these Terms and Conditions or our Privacy Policy at any time. If MobiSave, LLC decides to change these Terms and Conditions, MobiSave, LLC will post the changes to these Terms and Conditions at www.mobisave.com and other places MobiSave, LLC deems appropriate so that you are aware of the change(s). Any changes will be effective upon posting as revised, and your continued use of the SITE and/or APP following the posting will constitute your acceptance of the Terms and Conditions as revised.

The MobiSave, LLC Service

As part of our service, MobiSave, LLC owns or controls, and provides access to the APP and the Site and agrees to provide you with rebate services (the “Service”) that MobiSave, LLC may decide to offer, subject to these Terms and Conditions.

Privacy

Any information that you submit or we collect when you are using the MobiSave Service is subject to the MobiSave, LLC Privacy Policy [ LINK TO PRIVACY POLICY], the terms of which are incorporated into these Terms and Conditions.

Limitations on Use

You must be at least 13 years old to download and use the MobiSave Service. If you do not qualify, please do not download the MobiSave Service.

Intellectual Property

Certain content available through and used to operate the APP, the SITE and the Service, including, without limitation, organization, graphics, text, images, audio, videos, designs, compilations, advertising copy; trademarks, logos, domain names, trade names, service marks and trade identities; any and all copyrightable material (including source and object code); and all other materials related to the APP, the SITE and the Service (the “Content”) are protected by applicable copyrights and other proprietary (including, but not limited to, intellectual property) rights and are the property of MobiSave, LLC, its parent, subsidiaries, affiliates, or its licensors.

Without limitation, this means that, except for the express limited grant of rights herein, you may not, directly or indirectly, sell, lease, publish, export, license, modify, copy, reverse engineer, create derivative works, reproduce, distribute or transmit the MobiSave Service without MobiSave, LLC's prior express written permission. Any unauthorized use of the MobiSave Service will terminate the limited license granted by us.

MobiSave, LLC, MobiSave, LLC Express and other marks, graphics, logos, icons and service names related to the MobiSave Service (the “Marks”) are registered and unregistered trademarks or trade dress of MobiSave, LLC Inc. The Marks may not be used without MobiSave, LLC's prior express written permission. All other trademarks not owned by MobiSave, LLC that appear in connection with the MobiSave Service are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by MobiSave, LLC.

Subject to your strict compliance with these Terms and Conditions, MobiSave, LLC grants you a limited, personal, non- exclusive, non-commercial, revocable, non-assignable and non-transferable license to download, view, use and/or play a single copy of the APP and/or the SITE (excluding source and object code), provided that you: (i) retain all trademark, copyright and other proprietary notices contained in the original Content or any copy you may make of the Content; (ii) do not allow or aid or abet any third party (whether or not for your benefit) to copy or adapt the object code of the APP and/or the SITE’s software, HTML, JavaScript, or other code; reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the APP and/or the SITE creates to generate its applications and/or web pages; or any software or other products or processes accessible through the APP and/or the SITE; and (iii) do not insert any code or product to manipulate the Content in any way that affects any user's experience.

Electronic Communications

By registering with the SITE, downloading and/or using the APP, or downloading and/or using the Service, you consent to receiving electronic communications and notices, including, without limitation, advertising communications, from MobiSave, LLC You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You may withdraw this authorization at any time upon written notice to MobiSave, LLC at the address provided below.

Your Conduct

You agree not to upload, post, e-mail or otherwise send or transmit any material that contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the APP, the SITE or the Service. You also agree not to interfere with the servers or networks connected to the APP, the SITE or the Service or to violate any of the procedures, policies or regulations of networks connected to the APP, the SITE or the Service, the terms of which are incorporated herein. You also agree that in your use of the APP, the SITE or the Service you will not: (1) impersonate any other person or defame, injure, abuse, threaten or invade the privacy of others; (2) conduct yourself in a vulgar, offensive, harassing or objectionable manner; (3) use the APP, the SITE or Service for any unlawful purpose; (4) post or otherwise submit material that is protected by copyright and other intellectual property rights of others or (5) use the APP or the SITE to obtain any rebates to which you are not entitled according to the terms of the rebates. (6) attempt to commit fraud by modifying or submitting modified sales receipts in order to obtain illegitimate rewards. (7) submit receipts that have previously been rewarded my MobiSave in order to secure an unearned rebate.

MobiSave, LLC does not promote, recommend or condone use of the APP, the SITE or the Service during certain activities, s imuch as automobile driving, where there is a significant risk of accident. You agree not to use the APP, the SITE or the Service during such activities.

Charges for Using the MobiSave, LLC Service

MobiSave, LLC currently provides the APP, the SITE and the Service to you free of charge. However, you are solely responsible for any charges related to your use of the APP, the SITE or the Service, such as those imposed by your wireless, internet or other applicable provider.

Rebates and Rewards

MobiSave rewards the purchase of specific products in the form of rebates that are paid by sponsors. Mobisave has the right to verify all submissions for compliance with terms before issuing rewards. As discussed below, all unclaimed rewards remain the property of and will be revered back to sponsors. A valid transaction for purposes of these Terms & Conditions requires compliance with the requirements of the specific rebate offer. In order to receive a rebate payment, members must provide MobiSave with a valid email address that is connected to an active PayPal account where rebate payments can be accepted. A Member email address may be changed in the “My Settings” section of the MobiSave APP to link the MobiSave membership to a different PayPal account.

In the event that a member’s email address is not connected to an active PayPal account and a rebate payment cannot be completed, PayPal will make multiple efforts to communicate to the email address registered to the MobiSave membership advising the member to either add their email address to an existing PayPal account or establish a new PayPal account. If the member fails to take the prescribed action within 30 days of PayPal’s initial attempt to make payment, PayPal will consider the payment expired and the appropriate rebate payment will be returned to the sponsor of the offer.

Use of Information Submitted

You agree that MobiSave, LLC is free to use any comments, information or ideas contained in any communication you may send to MobiSave, LLC or post or submit on the SITE or through the APP without compensation, acknowledgement or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the MobiSave Service or other products or services.

Links to Other Sites

The APP and the SITE may contain hyperlinks to other web sites ("Other Sites"). If you use the hyperlinks to access these Other Sites, you will leave the APP or the SITE and your browser will be re-directed to the Other Sites. The Other Sites may have their own terms of service and privacy policy and those Other Sites may have different practices and requirements than MobiSave, LLC MobiSave, LLC may not have knowledge of, and is not responsible for, the content presented by any Other Site. As such, MobiSave, LLC does not warrant or make any representation regarding the legality, accuracy, or authenticity of content presented by Other Sites. The hyperlinks to Other Sites do not constitute an endorsement by MobiSave of any Other Site(s) or resources, or their content. Through the APP and the SITE, MobiSave is only providing these links to you as a convenience.

No Warranty & Liability Limit

YOU AGREE THAT YOUR USE OF THE APP, THE SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. MOBISAVE, LLC PROVIDES ACCESS TO AND USE OF THE APP, THE SITE AND THE SERVICE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, WHETHER EXPRESS, IMPLIED OR STATUTORY. MOBISAVE, LLC SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, REBATES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE APP, THE SITE OR THE SERVICE, INCLUDING WITHOUT LIMITATION THE RESULTS OBTAINED THROUGH THE APP, THE SITE OR THE SERVICE. SPECIFICALLY, MOBISAVE, LLC DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF REBATES, INFORMATION, PRODUCTS OR SERVICES RELATED TO THE APP, THE SITE OR THE SERVICE; AND 2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. MobiSave, LLC assumes no liability or responsibility for any errors or omissions related to the APP, the SITE or the Service; any failures, delays or interruptions related to the APP, the SITE or the Service; any losses or damages arising from the use of the APP, the SITE or the Service, including, without limitation, any damage to your mobile device; or any conduct by users of the APP, the SITE or the Service. We reserve the right to deliver the APP, the SITE or the Service in our sole and absolute discretion.

IN NO EVENT SHALL MOBISAVE, LLC, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR LOSS OF USE OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE APP, THE SITE OR THE SERVICE OR THESE TERMS AND CONDITIONS, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT MOBILSAVE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CUSTOMERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. Some states do not allow the exclusion of certain damages, so the above may not apply to you. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.

Indemnity

You agree to indemnify and hold MobiSave, LLC and its related companies, and each of their respective shareholders, directors, officers, employees and agents harmless from and against any third-party claim or cause of action, including reasonable attorneys' fees and court costs, arising, directly or indirectly, out of your use of the APP, the SITE and/or the Service, your breach of these Terms and Conditions, or your violation of any law or the rights of any third party.

Disputes

1. Governing Law
You agree that these Terms and Conditions or any claim, dispute or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including statutory, common law and equitable claims) between you and MobiSave Corp arising from or relating to these Terms and Conditions, their interpretation or breach, termination or validity, the relationships which result from these Terms and Conditions, the APP, the SITE and the Service, MobiSave Corp.'s advertising or any related transaction shall, to the maximum extent permitted by applicable law, be governed by the laws of the State of New York, without regard to its conflicts of laws rules.

2. Binding Arbitration – Class Action Waiver
Any claim, dispute or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims) between you and MobiSave Corp., its agents, employees, principals, successors, assigns, affiliates (collectively for purposes of this paragraph, "MobiSave, LLC") arising from or relating to these Terms and Conditions, their interpretation or breach, termination or validity, the relationships which result from these Terms and Conditions (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to these Terms and Conditions), the APP, the SITE or the Service, MobiSave, LLC's advertising or any related transaction shall be resolved exclusively and finally by binding arbitration administered by the American Arbitration Association, JAMS or the National Arbitration Forum, in accordance with their applicable rules, or any other established alternative dispute resolution provider mutually agreed upon by you and MobiSave, LLC The arbitration will be limited solely to the dispute between you and MobiSave, LLC Neither you nor MobiSave Corp. shall be entitled to join or consolidate claims by or against other customers or arbitrate any claim as a representative or class action or in a private Attorney General capacity. Any award of the arbitrator shall be final and binding on you and MobiSave, LLC and may be entered as a judgment in any court of competent jurisdiction. You and MobiSave, LLC shall pay your and its own costs and attorneys' fees. However, if you or MobiSave, LLC prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.

3. Limitations of Actions
Any claim or cause of action arising out of or related to your use of the APP, the SITE or the Service must be filed within one (1) year after such claim or cause of action arose, regardless of any statute or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be forever barred.

Right to Terminate

MobiSave, LLC reserves the right in its sole discretion to terminate or restrict your use of the APP, the SITE or the Service, without notice, for any or no reason whatsoever. You may terminate your subscription to the APP, the SITE or the Service by notifying MobiSave, LLC in accordance with the Notice section below.

Notice

MobiSave, LLC may give notice to you by means of a general notice on the APP or the SITE, electronic mail to your e-mail address on record in your account information, or by written communication sent by first class mail to your address on record in your account information. You may give notice to Company, such notice shall be deemed given when received by Company at any time by any of the following:

  • electronic mail to support@mobisave.com
  • letter delivered by first class postage prepaid mail or courier to MobiSave at the following address:

    Attention: Privacy Officer MobiSave, LLC
    712 5th Ave, 14th Floor
    New York, NY 10019
    USA

General

If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section. Our failure to enforce any provision of these Terms and Conditions shall not constitute a waiver of that or any other provision. These Terms and Conditions set forth the entire understanding and agreement between you and MobiSave, LLC with respect to the subject matter hereof.

Contact Us

If you have any questions about these Terms and Conditions or the download and/or use of the MobiSave, LLC Service, please contact us at:

MobiSave, LLC
712 5th Ave, 14th Floor
New York, NY 10019