Terms of Use Agreement

MallofStores.com has formed strategic relationships with Merchants. We pass on savings to our members and allow them to participate in special cash back incentives. Our members also share the commissions generated from each purchase that have been negotiated with each Merchant marketing program.

We have created this Terms of Use Agreement document so that our members fully understand what will be paid for, when cash back payments will be paid, what rights you have as a Member and what our responsibilities are to you. By becoming a member of the MallofStores.com web site, you agree that you have read, understood, and agreed with the following conditions, and consent to be bound by all items detailed within, including any updates to this document in the future.

Overview:

MallofStores.com will never sell your email address or account information to third party companies. Likewise, we will never offer adult-oriented products through our web portal. Values and integrity are highly regarded throughout our organization and we will continue to lead by example by only offering reputable, wholesome products.

The MallofStores.com cash back program allows registered members of MallofStores.com to shop with our Merchants and earn “Cash Back Incentives” to use in ways they choose including but not limited to future purchases and donations to favorite charity organizations. Membership is offered for free with MallofStores.com and “Cash Back Incentives” are a benefit or membership. You are under no obligation to participate or redeem your Cash Back Incentives. MallofStores.com has Agreements with online retailers that enable us to offer Cash Back Incentives to our Members. MallofStores.com Members will be automatically credited, subject to this Agreement, a specified amount of Cash Back for net purchases in accordance with the amounts described for each Merchant (offers are subject to the specific times and deadlines described by each Merchant). In addition, when members choose to participate in other activities, they may receive Cash Back as may be designated by MallofStores.com from time to time by amendment to this Agreement. Amendments may be added at a future time setting forth the specific terms. All Cash Back Incentives that are earned by Members will be held in an account maintained by MallofStores.com once the amount in the account exceeds $20.00 US Dollars. Cash Back can be earned and accrued by Members from making qualified purchases through the MallofStores.com Merchant portal. Payments will only be initiated when a Member officially requests this action through the appropriate mechanism on the MallofStores.com web site. Each Member receives this option through their individual account enabling them to request payments. MallofStores.com is not responsible for the products or services offered by the Merchants featured on our website. MallofStores.com is responsible only for establishing and maintaining your account based upon the information you provide and the purchase information provided by the Merchants. Likewise, MallofStores.com is responsible for permitting you to request your Cash Back for a specified period of time. Note that Cash Back Incentives may be forfeited by Members as set forth in this Agreement.

ELIGIBILITY

Membership and the associated incentives are limited to individuals that are 18 years or older. Any attempt to accumulate Cash Back Incentives by means of an automated machine or computer, scripts, software computerized or automated process, or through the use of multiple accounts is expressly prohibited. MallofStores.com will cancel a Member’s account and forfeit all Cash Back earned if they are found to be manipulating the system. MallofStores.com reserves the right to pursue such prohibited conduct to the fullest extent of the law. Members are only allowed to maintain one unique account and any duplicate accounts are subject to cancellation. At the present time, MallofStores.com Members can only earn Cash Back Incentives for purchases made through links on the MallofStores.com web site. Purchases made directly through Merchants featured on the MallofStores.com web site will not qualify for Cash Back Incentives. Internet access and a valid email address that is working properly are required to receive Member privileges and benefits.

“Spamming” individuals or other companies to promote MallofStores.com is not encouraged or supported. By agreeing to this document, you agree not to “spam” others to join the MallofStores.com Cash Back Incentive program via unsolicited email, direct mail, newsgroups, message boards, or other means. MallofStores.com reserves the right to remove a Member from our directory of active users if they are found to be “spamming”. And, it is the sole discretion of MallofStores.com to determine if a Member is doing so.

EARNING CASH BACK REBATES

To be eligible for Cash Back Incentives, a Member must make “Qualified Purchases”. In order to make a “Qualified Purchase”, a Member must satisfy the following criteria:

1. You must have cookies enabled on your Web browser.

2. You must make all Qualified Purchases by clicking on the appropriate Merchant’s link that appears on the MallofStores.com site and successfully connect to the Merchant’s site based on that click.

3. You must complete the “Qualified Purchase” during the same session immediately following the initial click-through to the Merchant’s site.

4. Discount codes, coupon codes or promotion codes that are NOT supplied by MallofStores.com can negate a “Qualified Purchase”. Members will be awarded a percentage of the full purchase price of the order in Cash Back Incentives. For example, if 5% is specified as the Cash Back Incentive for shopping at a specific Merchant and a user purchases $200 worth of goods at that Merchant through a MallofStores.com link then, that Member will earn $10.00 in their MallofStores.com Account.

Certain restrictions can apply and they are determined by the Merchants on an individual basis. Each Merchant section will display the current incentives so Members are properly informed before each purchase. Not all purchases qualify for rebates. It is the responsibility of each Member to ensure that they properly understand the guidelines surrounding each purchase and associated incentive offer. MallofStores.com makes no guarantees that cash-back will be rewarded on purchases even if all steps are followed for a “Qualified Purchase”. When a rebate inquiry claim is filed by a member, MallofStores.com customer support will contact the Merchant in question and will seek a resolution but MallofStores.com will not offer the rebate in question unless the If after 4 weeks, a Merchant does not resolve the rebate issue, this will constitute non-payment from the Merchant and the rebate inquiry cannot be paid. Merchant agrees to pay MallofStores.com for that particular rebate.

MallofStores.com has sole discretion to determine whether or not a purchase made through a MallofStores.com Merchant is considered a “Qualified Purchase”. MallofStores.com is not responsible for tracking problems resulting from incorrect usage of the MallofStores.com site, disabling cookies, computer issues resulting from unknown causes such as third-party software or other issues, Merchant partner errors/omissions or from any other failure of tracking mechanisms.

The appropriate Cash Back Incentive information accrued from a Qualified Purchase from a Merchant will be posted to the Pending section of your personal account within 30 days from notice thereof to MallofStores.com by a Merchant. Once we receive payment for your transaction and the return period defined by the Merchant has expired, the Pending Cash Back Rebates balance, adjusted for returns or other such variables, will be moved into the Available Cash Back Rebates section of your account. Your Cash Back Rebates, according to the amount indicated in the Available Cash Back section of your account, will be eligible for request of payment when you have exceeded $20.00 in your account.

If a discrepancy occurs in a MallofStores.com member account such as a rebate not being credited to an account and the MallofStores.com member believes he/she made the purchase through MallofStores.com, then the member must contact MallofStores.com via our Customer Support forms within 60 days of the purchase/order date of the goods/services. Failure in contacting MallofStores.com within that 60 day period will result in no customer support rebate inquiries to the Merchants for the said orders/purchases.

Cash Back Incentives awarded to a Member are subject to adjustments. This is possible in a case where a Member initiates a return or cancellation. In either case, MallofStores.com retains the right to reverse account credit. In addition, MallofStores.com reserves the right to make adjustments to Member accounts at any time. If a Member disagrees with any adjustment made to their account, the primary solution is to discontinue Membership.

In the event that a Participating Merchant shall withhold any portion of the fees payable to MallofStores.com on account of a Qualified Purchase, MallofStores.com reserves the right to withhold the same amount from the Cash Back Incentives credited to a Member account for each applicable purchase.

USE OF ONLINE COUPONS

Members of MallofStores.com also benefit from free online coupons to use towards purchases. These online coupons are updated on a daily basis. MallofStores.com is not responsible for the redemption, errors/omissions or expiration of online coupons and it is the member’s responsibility to make sure that discounts, percentage off, special pricing, and/or free offers are present in the checkout process of a Merchant before completing a purchase. In general, most coupons are not valid with any other offer from a specific Merchant unless otherwise noted. Coupon codes obtained outside of the MallofStores.com website can nullify a cash-back rebate given for a particular Merchant. MallofStores.com reserves the right to cancel any Cash Back Incentive because of coupon codes that are used from external sources other than from MallofStores.com.

All offers and promotions on this site are subject to change without notice. MallofStores.com has no control over the legality of any incentive or coupon offer made by Merchants through our web site. In addition, we do not have the ability to force any Merchant to complete a sale in accordance with a specific offer. The quality of the goods offered by Merchants on the MallofStores.com is the sole responsibility of the specific online retailer. MallofStores.com does not guarantee the accuracy of any information relating to an offer from a Merchant and we cannot enforce any Merchant to honor the offers shown on this site. In the event you have a dispute with a Merchant in any way relating to this site or the use of information from this site, as a Member, you agree to release MallofStores.com from any and all claims, demands, actions, damages (actual and consequential), losses, costs or expenses of every kind and nature, known and unknown, disclosed and undisclosed relating to that dispute.

REQUESTING CASH BACK REBATES

As a Member makes purchases through MallofStores.com Merchant stores, Cash Back is earned in certain cases. Once a Member accrues Cash Back in the amount of $20.00 or more in their account, they qualify for payment. However, there is a 90 day waiting period before each payment can be made due to Agreements currently in place surrounding Merchant refund policies. Cash Back payments are paid once per quarter usually during the last week of the last month. The checks are then mailed to the mailing address that the Member provides during the payment request process. MallofStores.com is not responsible for lost mail or any other event beyond MallofStores.com control that would prevent a Member from receiving their payment check.

PRODUCT PRICING

At MallofStores.com, we make every effort to post accurate product pricing throughout the website. Any individual price displayed on MallofStores.com is subject to change. The Merchant’s web site determines the final price of a product and any discrepancies in regards to pricing should be directed to the individual Merchant. MallofStores.com is not liable for any pricing error.

MEMBER RESPONSIBILITIES

It is the responsibility of each Member to ensure that account information is maintained and accurate at all times. This includes all forms of contact information including but not limited to valid email address and mailing address information. Members are also responsible for reviewing their account balance on a regular basis. It is the sole responsibility of each Member to ensure that all Cash Back payments are made properly.

Any balance error or failure to receive a requested Cash Back payment must be communicated to MallofStores.com within 60 days of a Qualified Purchase.

All accounts are subject to adjustment at any time by MallofStores.com at its sole discretion. MallofStores.com reserves the right to terminate any account for abusive or fraudulent activity. Likewise, if the Member’s email address is no longer valid or reachable, the associated account may be terminated as well.

Merchants may decide to make changes or discontinue their affiliation with MallofStores.com with little or no advance notice. MallofStores.com is not responsible for any resulting effect on accrual of Cash Back Incentives caused by such changes, discontinuance, or withdrawal.

Members are responsible for redeeming Cash Back Incentives. MallofStores.com does not currently have an automatic or periodic redemption. Cash Back will continue to accrue in a Member’s account until it is redeemed.

Any instructions that MallofStores.com receives under a Member’s password will be considered as a request associated with that Member’s account. Therefore, it is the responsibility of each Member to keep sensitive information confidential like email addresses, passwords, account numbers, and other account information. Any credits or debits made to your account using your password will be considered intentional and associated with the Member associated with that account. MallofStores.com will not be responsible for any losses or liabilities incurred through the use of your password by a third party.

The MallofStores.com web site details expressly how cash back can be assigned or transferred to third parties. Members are prohibited from selling, transferring, lending, exchanging, pooling or bartering of any accrued Cash Back. If a Member violates this Agreement, cash back may be forfeited and the associated account terminated. Any cash back assigned, sold, or otherwise transferred may be confiscated or canceled in conjunction with such a violation.

You authorize MallofStores.com to disclose to third parties information you have provided, or information that MallofStores.com has obtained about your MallofStores.com account: (i) to agents of MallofStores.com or its affiliates, such as independent auditors, consultants or attorneys; (ii) to comply with government agency or court orders or requests; or (iii) where it is necessary for redemption or transfer of your Cash Back Rebates. You authorize MallofStores.com to receive any account information from any Merchant including, but not limited to information regarding the Qualified Purchase such as the products ordered, the order number, the time and date the Qualified Purchase occurred, the email address entered for the Qualified Purchase. You agree to hold the Merchant harmless for any information disclosed to MallofStores.com.

DISCLAIMERS AND LIMITATIONS ON LIABILITY

MallofStores.com offers Cash Back Incentives “AS IS” and “AS AVAILABLE”. To the maximum extent permitted by law, MallofStores.com disclaims all representations and warranties, express of implied, with respect to the Cash Back offer, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose and implied warranties arising from course of dealing or course of performance.

As a Member, you agree that MallofStores.com will not be liable for any costs or damages arising out of a dispute between you and any participating Merchant, and you hereby expressly waive any such claim against MallofStores.com and its Members, Officers, Directors, Employees, Parents, Subsidiaries, Agents, and Representatives.

MallofStores.com does not make any representations or guarantees regarding any goods or services offered or provided by Merchants in conjunction with MallofStores.com. In addition, MallofStores.com does not make any representations that access to this web site will be uninterrupted or error-free, and MallofStores.com assumes no responsibility for any damage caused by a Member’s access, or inability to access this web site, including, but not limited to, your inability to receive Cash Back on items purchased through a Merchant.

In no event shall MallofStores.com be liable for any damages, claims, or losses incurred (including without limitation compensatory, incidental, indirect, special, consequential, or exemplary damages), however caused and under any theory of liability arising in connection with the Cash Back Incentive Program; any act of omission by MallofStores.com in administering the program; or purchase or use of any goods or services from Merchants, even if MallofStores.com has been advised of the possibility of such damages, claims, or losses and notwithstanding any failure of essential purpose of any limited remedy. Some states do not allow limitations on incidental or consequential damages, so the above limitation may not apply to all Members.

As a Member, you agree to indemnify and hold MallofStores.com, its Parents, Subsidiaries, Affiliates, Officers, Directors, and Employees, harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due tor entity, or as a result of any threatening, libelous, obscene, harassing or offensive material contained in any Member communications. or arising out of your Membership, the violation of these Terms of Use by you, or the infringement by you, or any other user of your account, of any intellectual property or other right of any person or entity, or as a result of any threatening, libelous, obscene, harassing or offensive material contained in any Member communications.

TERMINATION AND MODIFICATION

MallofStores.com reserves the right to terminate the Cash Back Incentive Program at any time with notice. In the event the Cash Back option is terminated, Members will have sixty (60) days from the date notice is transmitted by MallofStores.com to the email address specified in the account to redeem Cash Back. Termination notices will be sent to the email address provided to MallofStores.com during the registration process by the Member. In some instances, Members may not receive the notification due to inaccurate email address information in their account. It is the responsibility of each Member to check their email regularly and to ensure that their account information with MallofStores.com is updated. The failure of a Member to check their email online or to inform us of a changed email address is not the responsibility of MallofStores.com.

A Member may cancel their account at any time by contacting MallofStores.com in writing or via the online account. The Member’s account will be closed upon cancellation and ALL accrued Cash Back will be forfeited immediately. At such time, the Member’s access to account information and all associated functionality will cease.

MallofStores.com reserves the right to modify this Agreement, with or without notice. If there is a modification, we will attempt to notify you. However, we will not be responsible if the modification update is not received by a Member. Continued participation after such modification shall be deemed to be your acceptance of any such modification. It is each Member’s responsibility to check this page of the MallofStores.com web site regularly to determine whether this Agreement has been modified. A Member that does not agree to the modifications must immediately cease participation in the Cash Back Incentive Program.

Every Member is subject to these Terms and Conditions. Failure to comply with these Terms and Conditions and any fraud or abuse, or any misrepresentation of any information furnished to MallofStores.com by a Member or anyone acting on their behalf may result in the termination of the associated account and the forfeiture of all Cash Back.

DISPUTE RESOLUTION

All Cash Back questions or disputes, including without limitation, questions or disputes regarding general eligibility or the eligibility to accrue or redeem cash back, must be submitted in writing within 60 days of the qualifying transaction to MallofStores.com either in writing or via our customer service form. Any such disputes shall be resolved by MallofStores.com at its sole discretion. All interpretations of this Agreement shall be at the sole discretion of MallofStores.com. In the event that an error is made by MallofStores.com, the affected Member shall be credited the disputed Cash Back amount to the appropriate account.

MISCELLANEOUS

This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan, without reference to conflicts of law rules. If any provision of this Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the other provisions contained herein will remain in full force and effect. Failure of MallofStores.com to insist upon or enforce strict performance of any provision of the Agreement shall not be construed as a waiver of any provision or right. Nothing in this Agreement shall be construed as creating or constituting a partnership, joint venture or agency relationship between MallofStores.com and the Merchants or between a Member and MallofStores.com. This Agreement constitutes the entire Agreement between the Member and MallofStores.com with respect to the Cash Back Program.