Terms of Use

Welcome to mobba.com (the "Site"). Any person who wishes to access the Site to buy or bid for goods or services, to use the other services provided on the Site, or for any other purpose (collectively, the "Services") must accept the terms and conditions of this User Agreement, without change. PLEASE REVIEW THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE ACCESSING THE SITE OR USING ANY SERVICES. BY REGISTERING FOR AND USING THE SERVICES, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE.

SaveCube LLC, dba mobba, (hereinafter "mobba" or "mobba.com") reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the Site or Services, at any time and in its sole discretion. Any changes will be effective upon posting of the revisions on the Site. You are responsible for reviewing the Site for any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you. You can review the most current version of this Agreement at any time at http://www.mobba.com/about/help/TermsOfUse.aspx. YOUR CONTINUED USE OF THIS SITE AND THE SERVICES FOLLOWING mobba's POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, DO NOT CONTINUE TO USE THE SERVICES OR THIS SITE.

• 1. Eligibility

  Use of the Site and the Services is limited to parties that lawfully can enter into and form contracts under applicable law. Without limiting the generality of the foregoing, minors may not use the Services. Every person who uses the Services hereby represents to mobba that he or she is not a minor, is at least eighteen years old or older, and may otherwise enter into and form binding contracts under applicable law. To register, you must provide your real name, address, phone number and e-mail address, along with other information that may be required from time to time. Failure to comply with any of these requirements nullifies any obligation to you that mobba might otherwise have.

• 2. mobba is not a Seller or Broker

  It is important to realize that mobba is not a traditional seller or broker and does not enter into direct contracts with users of the Site, except as expressly provided in these terms. Instead, the Site allows buyers to join as a team to increase buying power, and allow sellers to bid for the sales.

• 3. mobba.com Payments

  mobba currently accepts credit card payments. mobba honors Visa, MasterCard, Discover and American Express. You warrant that any payment method selected by you when placing an order shall enable you to make full and immediate payment for the chosen item. You are obligated to make the purchase at the winning price below or equal to your committed price. Otherwise, you will lose your escrow amount. Any payments you make to mobba on-line or by credit card will be processed by one or more on-line payment and credit card processing service providers. Your use of the services provided by these third parties is pursuant to the terms of service, privacy, and data usage policies of these third-party service providers.

• 4. mobba Reservation of Rights

  mobba retains the right, but does not have the obligation, all without any notice or liability to you, to pre-screen, review, flag, filter, modify, refuse, store, or permanently delete and destroy any and all communications made and content submitted using the Site or the Services, and, in mobba’s sole discretion, to immediately halt any auction, prevent or restrict access to the Site or the Services or take any other action mobba deems reasonable to address technical problems, objectionable material, inaccurate product listings, inappropriately categorized items, auction inaccuracies, product inaccuracies, unlawful items, problems with sellers, or any other actions otherwise prohibited by the procedures and guidelines contained on the Site.

• 5. Your Obligations as a Shopper

  You must buy the product or service if a seller accepts your offer. Your credit card will be charged for the chosen item(s) when the seller ships the product. If, as a committed shopper, you later elect not to purchase the product for any reason after the mobba has closed and before the product has shipped, your credit card will be charged an escrow fee.
  

  You are solely responsible for all information you provide to mobba, including all shipping and ordering information. If any of the information you provide is incorrect, you agree to be responsible for all costs relating to the erroneous information. Without limitation, if you provide incorrect shipping information, you will be responsible for any and all additional shipping and handling charges incurred as a result of the incorrect information.

• 6. Password Security

  Your password may be used only to access the Site, use the Services, electronically sign your transactions and review your completed transactions. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party and are solely responsible for any use of or action taken under your password on this Site, whether authorized or not. If your password is compromised you must change your password. mobba also recommends that you log out of the Site any time you are not using it.

• 7. Access and Interference

  Much of the information on the Site is updated on a real time basis and is proprietary of or is licensed to mobba. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose. Additionally, you agree that you will not: (a) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except as otherwise provided herein); (c) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (d) bypass any measures we may use to prevent or restrict access to the Site.

• 8. Illegal Activity

  The Site and the Services may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding use of the Services, including in regard to bidding and purchasing items or services. You may not register under a false name or use an invalid or unauthorized credit card. You may not make bids under a false name, impersonate any participant, or use another participant's password. Such fraudulent conduct is a violation of federal and state laws. Fraudulent conduct may be reported to law enforcement, and mobba will cooperate to ensure that violators are prosecuted to the fullest extent of the law.

• 9. Breach

  Without limiting any other remedies available to it, mobba may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide the Services to you: (a) if you breach this Agreement or the documents it incorporates by reference; (b) if mobba is unable to verify or authenticate any information you provide to mobba; or (c) if mobba believes that your actions may cause legal liability for you, other mobba users or mobba.

• 10. Privacy and Refund Policies

  Please refer to mobba’s Privacy, Return and Refund Policies and Daily Deal Terms of Use, which are posted on the Site. mobba reserves the right to change these policies without notice to you other than by posting the new policies on the Site. You should check the Privacy and Return and Refund Policies frequently for any changes.

• 11. Referral Credits

  Your right to participate in any referral credit or similar marketing campaign is governed by the terms and conditions described on the Site, including time and eligibility limitations. In addition, your eligibility for referral or similar credits is subject to the following terms and conditions. Referral credits are only available for referrals to legitimate new users of the Site. Misuse of the referral credit policy, such as referring yourself, a family member, or current mobba users or encouraging or enabling them to sign up using different email addresses in order to receive a referral credit, is strictly prohibited. mobba monitors referral credits for misuse. If misuse is discovered or suspected by mobba, mobba reserves the right, in its sole discretion, not to issue credits and to reverse any credits that have been issued. By accepting a referral or similar credit, you authorize mobba to charge your credit card in an amount equal to any referral credits that mobba reverses after the credits have been used. mobba is not responsible for any mistakes or errors encountered when applying for a referral or similar credit, and mobba will issue a credit (subject to this policy) based on the referral code entered. If, for example, you refer a friend to the site and your friend enters the incorrect referral code, neither you nor your friend are entitled to enter a different referral code or to receive any additional referral credits. Any violation of mobba’s referral credit policy shall be considered a breach of this Agreement. mobba may terminate or suspend any referral credit program or similar promotion at any time, without any notice to you or other users. Any credits issued will be based on the policy or program in place at the time of the final event giving rise to credit eligibility. If, for example, a referral credit promotion is terminated before someone you refer has made a purchase, you will not be entitled to a referral credit even if you made the referral before the program was terminated.

• 12. No Warranties

  THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. YOUR USE OF AND RELIANCE ON THE SITE AND THE SERVICES ARE AT YOUR OWN AND SOLE RISK. mobba MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; THAT THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE WILL BE AS REPRESENTED BY SELLERS, AVAILABLE FOR SALE AT THE TIME OF OFFER, OR LAWFUL TO SELL; AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, mobba DISCLAIMS ANY AND ALL SUCH WARRANTIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, WHICH YOU OBTAIN FROM mobba OR THROUGH THE USE OF SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

• 13. General Release

  YOU AGREE THAT mobba IS NOT DIRECTLY INVOLVED IN ANY TRANSACTIONS BETWEEN BUYERS AND SELLERS AND WILL NOT HAVE ANY DUTY TO RESOLVE OR OTHERWISE BE INVOLVED IN ANY DIPSUTE BETWEEN YOU AND ANY OTHER PARTY USING THE SITE OR THE SERVICES. IF SUCH A DISPUTE ARISES BETWEEN ONE OR MORE PARTIES USING THE SITE OR THE SERVICES, EACH PARTY RELEASES mobba (AND ITS AFFILIATES, AGENTS AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS, LOSSES AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. TO THE EXTENT APPLICABLE OR NECESSARY TO GIVE EFFECT TO THE FOREGOING RELEASE, EACH PARTY EXPRESSLY WAIVES ANY RIGHTS OR CLAIMS UNDER CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "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." YOU, BEING AWARE OF SAID CODE SECTION, HEREBY EXPRESSLY WAIVE ANY RIGHTS YOU MAY HAVE THEREUNDER, AS WELL AS UNDER ANY OTHER STATUES OR COMMON LAW PRINCIPLES OF SIMILAR EFFECT. YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS AGREEMENT, AND THAT WITHOUT SUCH WAIVER, THIS AGREEMENT WOULD NOT HAVE BEEN ENTERED INTO BY mobba.

• 14. Limitation of Liability

  EXCEPT TO THE EXTENT OTHERWISE MANDATED BY APPLICABLE LAW, mobba WILL NOT BE LIABLE TO YOU FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, AND ALL OTHER DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SITE, THE SERVICES, ANY INABILITY TO USE THE SERVICES, OR ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE OR THE SERVICES, WHETHER SUCH DAMAGES ARISE UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.

• 15. Indemnity

  YOU AGREE TO DEFEND, INDEMNIFY AND HOLD mobba AND ITS SUBSIDIARIES, PARENTS, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY FEES) ARISING FROM OR RELATING IN ANY WAY TO (A) YOUR BREACH OF THIS AGREEMENT, INCLUDING THE DOCUMENTS INCORPORATED BY REFERENCE; (B) YOUR VIOLATION OF ANY STATE, FEDERAL FOREIGN OR INTERNATIONAL LAWS, CODES OR REGULATIONS; AND/OR (C) YOUR VIOLATION OF ANY THIRD PARTY'S RIGHTS, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, INFRINGEMENT OF ANY COPYRIGHT, VIOLATION OF ANY PROPRIETARY RIGHT AND INVASION OF ANY PRIVACY RIGHTS. THIS OBLIGATION WILL SURVIVE THE TERMINATION OF THIS AGREEMENT.

• 16. Applicable Law

  The laws of the state of Washington govern your use of the Site and the Services, as well as this User Agreement and all of its terms and conditions, without giving effect to any principles of conflicts of laws or the Convention on Contracts for the International Sale of Goods. Any dispute with mobba or its affiliates relating in any way to these terms and conditions or to your use of the Site or the Services shall be adjudicated in any state or federal court in Clark County, Washington. By using the Site and the Services, you irrevocably consent and agree to such venue and to the exercise of personal jurisdiction over you by such courts. The prevailing party in any lawsuit or similar action arising out of or relating to this Agreement, the Site, or the Services, shall be entitled to recover its attorney fees and other costs incurred in connection with the suit.

• 17. Licenses

  mobba or its licensors own the Site and all materials used to provide the Services. Consistent with this ownership right, mobba.com grants you a limited, revocable, non-transferrable license to use, for your ordinary, personal purposes only, the Site and the Services in accordance with this Agreement. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the Site and the Services (other than the buying and selling of items in accordance with this Agreement), making any derivative of the Site or the Services, the collection or use of any user’s e-mail addresses or other information, ratings or listings, or any data extraction or data mining whatsoever.

• 18. Email

  mobba will send notifications by email for your convenience. It is essential to keep your email address current and permit mobba emails to be sent to you. Even if you did not receive the notifications or emails, it is your responsibility to go to the mobba website to check the status of your transaction. mobba will not be responsible for sending or verifying if emails have reached their intended parties, and all transactions will be processed as if emails and other notices sent to you have been received by you.

• 19. Product Information

  While we strive to maintain the most up-to-date product information on our site, mobba cannot be held responsible for any inaccuracies in the product information on our site. Manufacturers' and sellers’ sites should be referenced for the most recent information on their products.

• 20. Services Vouchers

  Should you purchase a voucher for services using the Site, including any vouchers for discounted or special pricing, food products, hotel accommodations, beauty salon or spa services, or any other services for which vouchers are available through the Site, the original voucher (and not any copy) is redeemable with the seller of such goods and services (the "Services Provider"). The Services Provider is solely responsible for redeeming any voucher you purchase using the Site or the Services. The expiration date on your voucher is the last date you may use the voucher as anticipated by the voucher. All vouchers are subject to the terms and conditions imposed by the Services Provider. Without limitation, the Services Provider shall determine redemption frequency, expiration date, your ability to purchase alcoholic beverages or pay taxes or tips using the voucher, and your ability to combine the voucher with other special offers. The Services Provider offering the voucher, and not mobba, is solely responsible for any and all losses, defects, injuries, illnesses, damages, claims, liabilities and costs arising out of or relating to your use of the voucher. mobba makes no representations or warranties concerning the goods or services for which vouchers are offered. Neither mobba nor the Services Provider shall be responsible for lost or stolen vouchers. All vouchers are void where and to the extent prohibited by law. The Services Provider, and not mobba, shall be solely responsible for complying with all laws and regulations applicable to the vouchers including, without limitation, all laws and regulations relating to use of the vouchers to purchase alcoholic beverages and all laws and regulations relating to the duration and redemption value of any voucher.

• 21. Equipment

  You are solely responsible for acquiring, installing, maintaining, and updating all connectivity equipment, hardware, software, and other equipment that may be necessary for you to connect to, access, and use the Site and the Services. mobba shall not be liable for any damages to your equipment resulting from the use of the Site or the Services.

• 22. Seller

  If you are a seller offering product and/or services on the Site, you also agree to the terms and conditions set on Seller Agreement.

• 23. General Provisions
  

  This Agreement, including all other policies and conditions referenced in this agreement, constitute the entire agreement of the parties with respect to the subject matter hereof and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter hereof. mobba is not the agent, fiduciary, trustee or other representative of you. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of mobba and you. If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. mobba's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of mobba's right to subsequently enforce such provision or any other provisions of this Agreement.

• 24. Trademarks/Copyright
  

  “mobba” and the mobba logo are trademarks (either registered or pending registration) of SaveCube, LLC. All other trademarks appearing on the site are owned by their respective owners. SaveCube LLC owns and retains all copyrights in and to the content of the Site.

• 25. Disclaimer of Affiliation
  

  mobba and the goods and services offered for sale on the Site are not in any way owned, sponsored, endorsed, authorized, licensed or approved by, and are not affiliated with, Yelp, Urban Spoon, City Search, or any of the other third parties referenced in the produce and services descriptions. mobbba specifically disclaims and disavows any such relationship.