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End-User License Agreement
MonaBar requires that you accept the following End-User License Agreement before installation can proceed:
This Agreement constitutes your agreement with MonaBar LLC ("MonaBartm" or "we" or "us"), a Florida Limited Liability Company with respect to your membership in the MonaBartm Cash Back Program (the "program") and use of MonaBartm's extension (the "extension"). This Agreement will refer to the user of the extension as "you" or "your". You must agree to abide by all of the terms and conditions contained in this Agreement in order to continue your membership in the program and use of the extension.
MonaBartm reserves the right to change, modify, add, or remove any portion of this Agreement, in whole or in part, at any time in its sole and absolute discretion. Changes in this Agreement will be posted at www.MonaBar.com/terms. It is important for you to refer to this Agreement from time to time to make sure that you are aware of any additions, revisions, or modifications that we may have made to this Agreement. Your continued membership and use of the extension after any changes are made shall be deemed your acceptance of the changes.
Cash Back Program
Registration & Active Accounts
Initial registration to the program requires that you agree to the terms in this agreement, that you are at least eighteen (18) years of age at the time of registration, and that you provide a valid email address and account password. However, participation in the program requires an active account. In order for your account to be considered active you must:
• Provide valid postal address at which you are able to receive mail,
• Provide your real first and last name
• Keep your account information up to date
• Within the past twelve (12) months either:
• Completed a qualified purchase in the program or have accrued cash back from a prior qualified purchase
• Used a browser with an activated MonaBartm extension installed while logged in to your account
If you do not meet the requirements above, your Membership account will be considered inactive. For inactive accounts, MonaBartm reserves the right to debit your MonaBartm account of all its balance. You may reactivate your account by updating your account information and either starting a shopping session using MonaBartm’s extension, completing a qualifying purchase, or using a browser with an activated MonaBartm’s extension installed. HOWEVER, ONCE AN INACTIVE ACCOUNT’S BALANCE HAS BEEN DEBITED, REACTIVATING THIS ACCOUNT WILL NOT RESTORE THE DEBITED ACCOUNT BALANCE.
MonaBartm pays its members accrued cash back and other rewards on select dates approximately every 3 months. MonaBartm pays members in U.S. dollars via check or an online payment processor. Members may select or change their payment options in the My Account section of MonaBar.com. Each payment represents cash back and other rewards earned and accrued during the prior payment period. The minimum payment amount is $15.01. Balances below $15.01 remain in your account for potential payment during the next payment period. To see the current payment schedule please visit MonaBar.com/payment-schedule. Payment schedules are subject to change without notice.
Use of Extension
Subject to your compliance with the restrictions set forth in the Agreement, MonaBartm grants you a personal, limited, nonexclusive, nonassignable, nontransferable license to download, install, and use the extension and to use the extension solely as permitted under this Agreement.
All rights not expressly granted to you by the aforementioned sentence are reserved by MonaBartm and its affiliates. You do not acquire any ownership rights of any kind in the extension as a result of downloading, installing or using it. You may only use the extension in a lawful manner and for lawful purposes. You may not copy, modify, distribute, reverse engineer, disassemble, decompile (except to the extent such right cannot be excluded or limited by law and then only when the express permission of MonaBartm has been sought and refused), merge into any other software or make any derivative works based on the extension or any materials on or that comprise the extension. You may not use the extension for any commercial purpose or any kind, and you may not transfer, sell, rent, lease, lend, loan, assign, convey, or otherwise transfer any rights in the extension to another party. You agree to comply with all applicable laws and regulations in connection with your downloading and using the MonaBartm extension. You also agree to comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the extension.
Copyright & Trademarks
The extension is protected by copyright pursuant to U.S. copyright laws, international conventions, and other copyright laws. The contents of the extension are only for your use. All materials contained in the extension are protected by copyright and are owned and controlled by MonaBartm or the party credited as the provider of the content. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the extension. Copying or storing of any content from the extension is expressly prohibited without prior written permission from MonaBartm or the copyright holder as identified in the extension.
MonaBartm, MonaBar.com and the MonaBar.com logo are registered trademarks of MonaBartm. Any other product names, marks, symbols, trade names, company names and/or logos which appear within the website or the extension are the property of their respective owners and appear through the courtesy of, and/or a license from, such owners. Such marks, in addition to the MonaBar trademarks, are protected by US law, including without limitation its laws on trademark and unfair competition, and may also be protected by the laws in other countries.
Changes to the Extension
MonaBartm may change, suspend, or discontinue any aspect of the extension at any time. MonaBartm may also impose limits on certain features and services or restrict access to parts or the entire extension without notice or liability. MonaBartm reserves the right to change, modify, add, or remove any of your material or content on our extension at any time in its sole and absolute discretion.
Representations and Warranties
You represent, warrant and covenant that:
You are at least eighteen (18) years old;
You will use the extension solely for personal use and not for any commercial purpose of any kind.
Any failure to comply with this Program Agreement, any fraud or abuse relating to the accrual or receipt of cash back rewards, or any misrepresentation of any information furnished to MonaBartm or its affiliates by you or anyone acting on your behalf may result in the termination of your membership in the Program and forfeiture of your accrued Cash Back rewards.
The determination of whether or not a purchase made through a MonaBartm partner store is a qualifying purchase for the cash back program is at the sole discretion of MonaBartm. If a partner store fails to report a transaction to MonaBartm or withholds payment to MonaBartm for any reason, MonaBartm reserves the right to cancel the cash back associated with that transaction. If MonaBartm has any reason to suspect fraudulent activity is associated with your account, MonaBartm reserves the right to delay or withhold any and all payments for your account, including cash back. You give MonaBartm permission to review your account with partner stores in cases where MonaBartm suspects fraudulent activity. MonaBartm is not responsible for lost or stolen payments, including gift cards. MonaBartm is not responsible for payments delivered to the wrong address through no fault of MonaBartm or for payment errors made by payment partners.
It is your responsibility to check your account regularly to ensure that Cash Back has been properly credited and paid and that your account balance is accurate. If you do not believe that cash back has been correctly credited to your account you must contact MonaBartm customer service within 90 days of the transaction. Should you disagree with any adjustments made to your account or payments made to you, your sole remedy is to withdraw from the program.
Depending on the tax laws of federal, state, and local jurisdictions, you may be taxed on your receipt of certain cash payments and other consideration (merchandise, travel, etc.) you receive form MonaBartm. MonaBartm may choose to provide you with those notices to you on occasion. In all instances, you will be solely responsible for any and all tax liability arising out of the consideration received.
MonaBartm is not responsible for changes to, or discontinuance of, any partner store, or for any partner store withdrawal from the Program, or for any effect on accrual of cash back caused by such changes, discontinuance, or withdrawal. MonaBartm is not responsible for changes to, or discontinuance of, any special offer or coupon code at an partner store site.
Links to Other Sites
The extension and the MonaBartm website may provide links and pointers to websites of third-party merchants, affiliated companies, co-brand partners, online references and other parties. If you click on these links, you will be transported to other websites or web properties that are neither owned nor controlled by MonaBartm (collectively, "Third Party Sites"). These links are provided solely as a convenience to you, and do not constitute an endorsement by MonaBartm of the content of such Third Party Sites nor of the business practices of such other businesses, entities or individuals. MonaBartm is not responsible for examining or evaluating, and does not warrant or claim responsibility in any way, the products, services, offerings or business practices of any of these businesses, entities or individuals or the content of their sites. You should carefully review their privacy statements and other conditions of use.
• MonaBartm has no control over the business practices of any third-party merchant or seller, nor does it control in any way the quality, safety or legality of any item listed on the extension or any business transaction that occurs as a result of products listed on the extension.
• IN THE EVENT OF A DISPUTE BETWEEN YOU AND A MERCHANT LISTED ON THE EXTENSION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE MONABARtm, ITS SUBSIDIARIES, AFFILIATES, CO-BRAND PARTNERS OR OTHER THIRD PARTIES UNDER CONTRACT WITH MONABARtm, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LEGAL REPRESENTATIVES FROM AND AGAINST CLAIMS AND DAMAGES OF ANY KIND, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.
• If you are a California resident, by using the extension, you explicitly waive the rights granted to you under California Civil Code 1542, which states: "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."
Links From Other Sites
Any other party that links to the extension or the MonaBartm website:
• Shall not create a browser or border environment around any of the content of the extension or the MonaBartm website;
• May link to, but not replicate, the extension's content;
• Shall not imply that the extension or MonaBartm is endorsing or sponsoring it or its products;
• Shall not present false information about MonaBartm or its products or services;
• Shall not use Trademarks without the prior written permission from MonaBartm; and
• Shall not contain content that could be construed as distasteful, offensive, or controversial.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL MONABARtm BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICES EVEN IF MONABARtm HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL MONABARtm HAVE ANY LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, OR CAUSES OF ACTION. USE OF THE EXTENSION IS COMPLETELY AT YOUR OWN RISK.
EVERYTHING ASSOCIATED WITH THE EXTENSION, INCLUDING ALL CONTENT, OFFERS, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE EXTENSION, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, MONABARtm AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT:
• ANY ASPECT OF THE EXTENSION;
• THE CONTENT ON THE EXTENSION;
• THE CONTENT, OFFERS, FUNCTIONS, MATERIALS AND INFORMATION ACCESSIBLE THROUGH THE EXTENSION;
• ANY PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES, OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR,
• ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE EXTENSION OR ANY LINKED SITE.
MONABARtm DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE EXTENSION ARE LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, SPECIFICALLY DISCLAIM SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE EXTENSION, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE EXTENSION.
We will automatically terminate your rights under this Agreement, without need of notice from us, if you fail to comply with it. We may also terminate your right to use the extension, or discontinue the extension, at any time and in such event reserve the right to modify it to make it inoperable.
To the maximum extent permitted by applicable law, you agree to indemnify MonaBartm, its officers, employees, owners, representatives, agents, subsidiaries, affiliates, officers, partners, suppliers, and licensors (hereinafter individually and collectively referred to as "Indemnitees") and MonaBartm agrees to control any litigation, negotiations, discussions, settlements, or associated dealings, for any claims, demands, penalties, fines, liabilities, attorneys' fees, court costs, legal expenses and causes of action of any nature, whether civil or criminal, for losses and/or damages of any kind which may be brought against MonaBartm and/or Indemnitees, in any way, directly or indirectly, incident to, arising out of, in connection with, or resulting from your use of the extension.
By registering as a MonaBartm member, you agree to receive membership and account-related communications, such as notifications of accrued cash back or warnings about account inactivity. Members also agree to receive periodic non-essential shopping-related emails that highlight coupons & special deals that are available to MonaBartm Members. Members can opt-out at any time from receiving non-essential emails by following the unsubscribe link on any of the emails. Because MonaBartm needs to communicate account information with you in order to operate our service, you cannot unsubscribe from membership and account-related emails. If you would like to cease receiving emails from MonaBartm, you may close your account with us by contacting MonaBartm’s customer service department.
Any controversy or claim arising out of or relating to this Agreement, or the breach of this Agreement, shall be governed by and construed in accordance with the laws of the State of Florida, without reference to conflicts of law rules. As a condition of the use of the MonaBartm website and service, you (the Member) agree to the sole and exclusive: (i) jurisdiction; and (ii) venue of the state courts in Miami-Dade County, Florida, for all litigated matters and therefore agree to file any grievance or suit of any kind exclusively in the Florida courts located within the county of Miami-Dade.
This Agreement contains the sole and entire agreement between the parties with respect to the subject matter of this Agreement and supersedes any and all other prior written or oral agreements between them. Captions contained in this Agreement are inserted only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of this Agreement or the intent of any provision of this Agreement. It is the intent of the parties that neither this Agreement, nor any covenant in this Agreement, shall be construed against either party pursuant to the common law rule of construction against the drafter. It is the intent of the parties that said rule not be applicable to this Agreement. The parties waive all rights to trial by jury in any action or proceeding instituted in connection with this Agreement. If any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of this Agreement. This Agreement and the interpretation of its terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflicts of laws rules.
Copyright 2012 MonaBar.com All rights reserved.
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