Terms and Conditions of Service
These terms and conditions constitute an Agreement is between you, the end user ("You", "User") and MoneyDesktop, LLC ("Company", "Our", "We") as pertaining to the use of the MoneyDesktop.com website ("Service"). This Agreement also applies to Company’s affiliates, partners and service providers. You agree that these are third party beneficiaries of the above provisions, with all rights to enforce such provisions as if they were a party to this Agreement.
Provide Accurate Information
You agree to provide true, accurate, current and complete information about yourself and your accounts maintained at other web sites and You agree to not misrepresent your identity or your account information. You agree to keep your account information up-to-date and accurate.
Proprietary Rights
You are permitted to use content delivered to You through the Service only on the Service. You may not copy, reproduce, distribute, or create derivative works from this content. Further, You agree not to reverse engineer or reverse compile any of the Service technology.
Content You Provide
You are licensing to Company and its service providers, any information, data, passwords, materials or other content (collectively, "Content") You provide through or to the Service. Company and its service providers may use, modify, display, distribute and create new material using such Content to provide the Service to you. By submitting Content, You automatically agree, or promise that the owner of such Content has expressly agreed that, without any particular time limit, and without the payment of any fees, Company and its service providers may use the Content for the purposes set out above. As between Company and its service providers, Company owns your confidential account information.
Term and Termination
This Agreement will remain in effect for the duration of your use of the Service. You may cancel at any time, and for any reason, by sending written or email notice. You shall not be entitled to, nor shall We be liable to You for, any refund of any unused portion of any subscription payments We have received from You. We reserve the right to terminate your membership at any time for any reason, should You violate this Agreement or our Privacy Policy.
Third Party Accounts
By using the Service, You authorize Company and its service providers to access third party sites designated by you, on your behalf, to retrieve information requested by you, and to register for accounts requested by you. For all purposes hereof, You hereby grant Company and its service providers a limited power of attorney, and You hereby appoint Company and its service providers as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for You and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as You might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN COMPANY OR ITS SERVICE PROVIDERS ACCESS AND RETRIEVE INFORMATION FROM THIRD PARTY SITES, COMPANY AND ITS SERVICE PROVIDERS ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that third party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. You understand and agree that the Service is not endorsed or sponsored by any third party account providers accessible through the Service. You acknowledge that through the use of this Service, Company shall have access to your account credentials, including, but not limited to login username and passwords.
Smart Savings Rewards Program
This section identifies the manner in which you may earn Smart Savings Rewards ("Rewards"), when you will be paid, what rights you have as a User to the Rewards you have earned, and Our rights and responsibilities with respect to the Rewards program.
Program Overview
The Rewards program allows Users to shop with Our participating merchants, and earn Rewards. The program is offered as a service to Users of the Site, and is conferred as a benefit of registration with the Site. You are under no obligation to participate or redeem your Rewards. As a User, Rewards are automatically earned when you make a qualifying online purchase from a merchant participating in the Rewards program (a "Participating Merchant"). Some Participating Merchants may have special requirements to earn Rewards. Click the "Details" button next to their Rewards offer for requirements and restrictions.
Eligibility
The Rewards program is offered for purchases made through links on the Site. You must have Internet access and a valid working e-mail address to receive the privileges of the program. Further, participation is limited to individuals that are 18 years of age or older. To be eligible to receive Rewards, you must make a qualifying purchase. In order to make a qualifying purchase, you must satisfy the following criteria:
- You must be 18 years of age or older.
- You must log into the Site with your user name.
- You must link to a Participating Merchant from the Site.
- You must complete a transaction for a qualifying purchase on the Participating Merchant’s site.
- You must have cookies enabled in your web browser.
- You must reside in the U.S.A. or Canada.
- You do not return, cancel, charge-back or otherwise change the purchase.
- You do not enter the Participating Merchant’s site through another program.
- You do not allow more than sixty (60) minutes to lapse between linking to the Participating Merchant’s site and making the purchase.
Determination of whether or not a purchase made through a Participating Merchant is a qualifying purchase is made at Our discretion. We are not responsible for tracking problems resulting from incorrect usage of the 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.
Upon registration of your account with the Site, an account will be set up in your name for all Rewards you earn. The appropriate Rewards rebate will be posted to your account as "Pending" within thirty (30) days of the date on which a Participating Merchant reports your transaction to Us. For a period of ninety one (91) to one hundred twenty one (121) days thereafter, your account will continue to refer to the Rewards rebate as "Pending." This time period is in accordance with the Participating Merchant's right to reverse a transaction for return purposes. Once the participating merchant authorizes the payment of Our commission in connection with a qualifying purchase made by you, we will credit your account with the applicable Rewards. Your Rewards earned will be identified as "Available," at which time you can request delivery of your Rewards. You can view your balance and history by clicking "History" in the upper right corner of the "Redeem" section of the Smart Savings application.
Requesting Payment
You may request to redeem your earned Rewards designated as "Available" in your account. To receive Rewards you must have an Available amount greater than $25.00, you may request to receive payment in redemption of your Rewards by specifying the amount you want placed on a Visa Cash Card. The Rewards will be distributed to the User within thirty (30) days of receipt of the User's request for payment. We are not responsible for lost mail or any other event beyond Our control that would prevent a user from receiving their payment. The fulfillment of said orders is the responsibility of:
Omni Prepaid
495 Mansfield Ave,
Pittsburgh, PA 15205.
(877) 7GO-OMNI.
You are solely responsible for redeeming Rewards. There is no automatic or periodic redemption.
Account Adjustments
Rewards awarded to you are subject to adjustments for returns and cancellations, Our receipt of information and payments on such purchases/orders from Participating Merchants, and other events. We reserve the right to make adjustments to Your accounts at any time in accordance with this Agreement. If you disagree with any adjustments made to your account, your sole remedy is to discontinue use of the Site.
We are not responsible for changes to, or discontinuance of, any Participating Merchant, or any Participating Merchant's withdrawal from the Program, or for any effect on accrual of Rewards caused by such changes, discontinuance or withdrawal.
Termination of Rewards Program
We reserve the right to terminate the Rewards program in whole or in part at any time with notice. In the event the program is terminated, You will have sixty (60) days to redeem your Rewards from the date notice is transmitted by Us to the email address specified in your account. Notification will be sent to the email address provided to Us during the registration process. We will not be responsible for failing to notify you of program termination where such failure is caused by an inaccurate email address, your failure to check email online, or your failure to inform Us of a change in your email address.
Member Responsibilities
You are responsible for maintaining accurate account information at all times, including valid email and mailing address information. You are responsible for keeping your email address, password and all other information concerning your account confidential. We are entitled to act on instructions received under your username and password. We are not responsible for any credits or debits made to your account by someone else who uses your username or password. We will not be responsible for any losses or liabilities incurred through the use of your password by a third party.
You are also responsible for reviewing your account balance on a regular basis, and for checking to ensure that all Rewards have been properly credited to your account. If a discrepancy occurs in your Rewards account, such as a rebate not being credited to the account, then you must contact Us via our customer support link in the Software or by phone, within sixty (60) days of the purchase/order date from a Participating Merchant. If you fail to contact Us within that sixty (60) day period, such purchase/order shall be deemed to be accurate and you hereby waive any right to dispute said purchase/order.
General
Participation in the Rewards program is personal to you. Rewards received under the program may not be assigned or transferred to any third party, except as expressly permitted by Us in writing. The sale, transfer, lending, exchange, pooling or barter of any Rewards, other than by Us, is expressly prohibited. Any Rewards assigned, sold, or otherwise transferred in violation hereof may be confiscated or canceled.
We will use information collected from you as set forth in our Privacy Policy. You are encouraged to read our Privacy Policy to understand our information collection and use practices. You are responsible for any taxes that may be due on Rewards redeemed by you.
Rewards have no cash value until such time as you request and receive a payment in accordance with this Agreement, and you shall have no property rights or other legal interest in Rewards. Disclaimers andLimitations on Liability
THE SMART SAVINGS REWARDS PROGRAM IS BEING PROVIDED BY US "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, 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. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING OUT OF A DISPUTE BETWEEN YOU AND ANY AFFILIATED MERCHANT, AND YOU HEREBY EXPRESSLY WAIVE ANY SUCH CLAIM AGAINST THE COMPANY OR OUR MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, SUBSIDIARIES, AGENTS AND REPRESENTATIVES. WE DO NOT MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING ANY GOODS OR SERVICES OFFERED OR PROVIDED BY AFFILIATE MERCHANTS, THIRD PARTIES OR SUPPLIERS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE. WE DO NOT MAKE ANY REPRESENTATIONS THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE ASSUME NO RESPONSIBILITY FOR ANY DAMAGE CAUSED BY YOUR ACCESS, OR INABILITY TO ACCESS, THIS SITE, INCLUDING, BUT NOT LIMITED TO, YOUR INABILITY TO RECEIVE REWARDS BY PURCHASING ITEMS WITH A PARTICIPATING MERCHANT. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED.
IN NO EVENT WILL MONEYDESKTOP BE LIABLE FOR THE REWARDS IF A MERCHANT CHANGES ITS POLICIES OR OTHERWISE DECLINES TO PAY THE REWARDS. ALL REWARDS ARE AN AGREEMENT SOLELY BETWEEN YOU AND THE MERCHANT AND MONEYDESKTOP DISCLAIMS ANY LIABILITY FOR PAYMENT OF REWARDS TO YOU IN THE EVENT OF MERCHANT’S NONPAYMENT.
IN NO EVENT SHALL WE 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 YOUR USE OF THE SITE; ANY ACT OR OMISSION BY US IN ADMINISTERING THE WEBSITE OR THE PROGRAM; OR THE PURCHASE OR USE OF ANY GOODS OR SERVICES OF MERCHANTS OR SUPPLIERS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR DIRECT DAMAGES CAUSED BY US IN EXCESS OF THE REWARDS EARNED BY YOU DURING THE MOST RECENT SIX (6) MONTHS. SOME STATES DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnification
You agree to protect and fully compensate Company, its affiliates, partners and service providers and their affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys fees) caused by or arising from your use of the Service, your violation of these terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
Changes and Questions
We may from time to time update this privacy policy to reflect changes made. Wherever possible we will notify our users of changes made. In the event of a material change in the manner we use your personal information we shall inform you of such a change by a prominent notice on the Site or by email. Those with any questions regarding any portion of this policy are welcome to contact support@moneydesktop.com. We hope you enjoy using our service and will do everything within our power to make your experience with Our Site pleasant.
Contact Information
251 River Park Dr. Suite 250
Provo, UT 84604
support@moneydesktop.com
Last Updated: 10/20/2009
