Terms of Service

LAST UPDATED: JANUARY 30, 2024

PLEASE READ THESE TERMS AND CONDITIONS ("TERMS", "TERMS AND CONDITIONS") CAREFULLY BEFORE USING THE MALLOFMARS.COM WEBSITE (THE "SERVICE") OPERATED BY ALTERIO MEDIA, LLC, DOING BUSINESS AS MALLOFMARS ("US", "WE", OR "OUR").

YOUR ACCESS TO AND USE OF THE SERVICE IS CONDITIONED UPON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS. THESE TERMS APPLY TO ALL VISITORS, USERS, AND OTHERS WHO WISH TO ACCESS OR USE THE SERVICE.

BY ACCESSING OR USING THE SERVICE YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DISAGREE WITH ANY PART OF THE TERMS, THEN YOU DO NOT HAVE PERMISSION TO ACCESS THE SERVICE.

COMMUNICATIONS

BY CREATING AN ACCOUNT ON OUR SERVICE, YOU AGREE TO SUBSCRIBE TO NEWSLETTERS, MARKETING OR PROMOTIONAL MATERIALS, AND OTHER INFORMATION WE MAY SEND. HOWEVER, YOU MAY OPT OUT OF RECEIVING ANY, OR ALL, OF THESE COMMUNICATIONS FROM US BY FOLLOWING THE UNSUBSCRIBE LINK OR INSTRUCTIONS PROVIDED IN ANY EMAIL WE SEND.

PURCHASES

IF YOU WISH TO PURCHASE ANY PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE SERVICE ("PURCHASE"), YOU MAY BE ASKED TO SUPPLY CERTAIN INFORMATION RELEVANT TO YOUR PURCHASE INCLUDING, WITHOUT LIMITATION, YOUR CREDIT CARD NUMBER, THE EXPIRATION DATE OF YOUR CREDIT CARD, YOUR BILLING ADDRESS, AND YOUR SHIPPING INFORMATION.

YOU REPRESENT AND WARRANT THAT: (I) YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHODS IN CONNECTION WITH ANY PURCHASE; AND THAT (II) THE INFORMATION YOU SUPPLY TO US IS TRUE, CORRECT, AND COMPLETE.

THE SERVICE MAY EMPLOY THE USE OF THIRD-PARTY SERVICES FOR THE PURPOSE OF FACILITATING PAYMENT AND THE COMPLETION OF PURCHASES. BY SUBMITTING YOUR INFORMATION, YOU GRANT US THE RIGHT TO PROVIDE THE INFORMATION TO THESE THIRD PARTIES SUBJECT TO OUR PRIVACY POLICY.

WE RESERVE THE RIGHT TO REFUSE OR CANCEL YOUR ORDER AT ANY TIME FOR REASONS INCLUDING BUT NOT LIMITED TO PRODUCT OR SERVICE AVAILABILITY, ERRORS IN THE DESCRIPTION OR PRICE OF THE PRODUCT OR SERVICE, ERROR IN YOUR ORDER, OR OTHER REASONS.

WE RESERVE THE RIGHT TO REFUSE OR CANCEL YOUR ORDER IF FRAUD OR AN UNAUTHORIZED OR ILLEGAL TRANSACTION IS SUSPECTED.

AVAILABILITY, ERRORS, AND INACCURACIES

WE ARE CONSTANTLY UPDATING PRODUCT AND SERVICE OFFERINGS ON THE SERVICE. WE MAY EXPERIENCE DELAYS IN UPDATING INFORMATION ON THE SERVICE AND IN OUR ADVERTISING ON OTHER WEBSITES. THE INFORMATION FOUND ON THE SERVICE MAY CONTAIN ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. PRODUCTS OR SERVICES MAY BE MISPRICED, DESCRIBED INACCURATELY, OR UNAVAILABLE ON THE SERVICE, AND WE CANNOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION FOUND ON THE SERVICE.

WE, THEREFORE, RESERVE THE RIGHT TO CHANGE OR UPDATE INFORMATION AND TO CORRECT ERRORS, INACCURACIES, OR OMISSIONS AT ANY TIME WITHOUT PRIOR NOTICE.

CONTESTS, SWEEPSTAKES, AND PROMOTIONS

ANY CONTESTS, SWEEPSTAKES, OR OTHER PROMOTIONS (COLLECTIVELY, "PROMOTIONS") MADE AVAILABLE THROUGH THE SERVICE MAY BE GOVERNED BY RULES THAT ARE SEPARATE FROM THESE TERMS & CONDITIONS. IF YOU PARTICIPATE IN ANY PROMOTIONS, PLEASE REVIEW THE APPLICABLE RULES AS WELL AS OUR PRIVACY POLICY. IF THE RULES FOR A PROMOTION CONFLICT WITH THESE TERMS AND CONDITIONS, THE PROMOTION RULES WILL APPLY.

CONTENT

OUR SERVICE ALLOWS YOU TO POST, LINK, STORE, SHARE, AND OTHERWISE MAKE AVAILABLE CERTAIN INFORMATION, TEXT, GRAPHICS, VIDEOS, OR OTHER MATERIAL ("CONTENT"). YOU ARE RESPONSIBLE FOR THE CONTENT THAT YOU POST ON OR THROUGH THE SERVICE, INCLUDING ITS LEGALITY, RELIABILITY, AND APPROPRIATENESS.

BY POSTING CONTENT ON OR THROUGH THE SERVICE, YOU REPRESENT AND WARRANT THAT: (I) THE CONTENT IS YOURS (YOU OWN IT) AND/OR YOU HAVE THE RIGHT TO USE IT AND THE RIGHT TO GRANT US THE RIGHTS AND LICENSE AS PROVIDED IN THESE TERMS, AND (II) THAT THE POSTING OF YOUR CONTENT ON OR THROUGH THE SERVICE DOES NOT VIOLATE THE PRIVACY RIGHTS, PUBLICITY RIGHTS, COPYRIGHTS, CONTRACT RIGHTS, OR ANY OTHER RIGHTS OF ANY PERSON OR ENTITY. WE RESERVE THE RIGHT TO TERMINATE THE ACCOUNT OF ANYONE FOUND TO BE INFRINGING ON A COPYRIGHT. YOU RETAIN ANY AND ALL OF YOUR RIGHTS TO ANY CONTENT YOU SUBMIT, POST, OR DISPLAY ON OR THROUGH THE SERVICE AND YOU ARE RESPONSIBLE FOR PROTECTING THOSE RIGHTS. WE TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR CONTENT YOU OR ANY THIRD PARTY POSTS ON OR THROUGH THE SERVICE. HOWEVER, BY POSTING CONTENT USING THE SERVICE YOU GRANT US THE RIGHT AND LICENSE TO USE, MODIFY, PUBLICLY PERFORM, PUBLICLY DISPLAY, REPRODUCE, AND DISTRIBUTE SUCH CONTENT ON AND THROUGH THE SERVICE. YOU AGREE THAT THIS LICENSE INCLUDES THE RIGHT FOR US TO MAKE YOUR CONTENT AVAILABLE TO OTHER USERS OF THE SERVICE, WHO MAY ALSO USE YOUR CONTENT SUBJECT TO THESE TERMS.

PAYMENT TERMS

ANY FEES WHICH ALTERIO MEDIA, LLC DBA MALL OF MARS MAY CHARGE YOU FOR THE PRODUCTS OR SERVICES ARE DUE IMMEDIATELY UPON COMPLETION OF YOUR PURCHASE AND ARE NON-REFUNDABLE. ALTERIO MEDIA, LLC DBA MALL OF MARS RESERVES THE RIGHT TO DETERMINE FINAL PREVAILING PRICING. PLEASE NOTE THAT THE PRICING INFORMATION PUBLISHED ON THE WEBSITE MAY NOT REFLECT THE PREVAILING PRICING.

ALTERIO MEDIA, LLC DBA MALL OF MARS, AT ITS SOLE DISCRETION, MAY OFFER PROMOTIONAL DEALS WITH DIFFERENT FEATURES AND DIFFERENT RATES TO ANY OF OUR CUSTOMERS. THESE PROMOTIONAL DEALS, UNLESS EXTENDED TO YOU, SHALL HAVE NO BEARING WHATSOEVER ON YOUR OFFER OR CONTRACT.

MARTIAN MEMBERSHIP AUTORENEWAL AND CANCELLATION TERMS

AUTORENEWAL TERMS: MARTIAN MEMBERSHIPS WILL AUTOMATICALLY RENEW ON A MONTHLY BASIS, AND YOUR CREDIT OR DEBIT CARD WILL BE CHARGED YOUR MONTHLY MEMBERSHIP FEE (TAXES MAY APPLY) UNLESS YOU CANCEL BEFORE THE START OF YOUR NEXT BILLING CYCLE. MEMBERSHIP FEES ARE DUE IMMEDIATELY UPON RENEWAL AND ARE NON-REFUNDABLE. THEREFORE, IF YOU CANCEL AFTER YOUR MEMBERSHIP HAS RENEWED, YOU'LL INCUR CHARGES FOR THE ENTIRE MONTH REGARDLESS OF WHEN YOU CANCEL YOUR ALTERIO MEDIA, LLC DBA MALL OF MARS MEMBERSHIP.

CANCELLATION TERMS: ALTERIO MEDIA, LLC DBA MALL OF MARS'S MARTIAN MEMBERSHIPS CAN BE TERMINATED AT ANY TIME BY EMAILING HI@MALLOFMARS.COM. HOWEVER, CANCELING YOUR MARTIAN MEMBERSHIP BEFORE FULFILLING YOUR INITIAL COMMITMENT WILL RESULT IN YOUR FIRST PURCHASE BEING CHARGED AT FULL PRICE AT STANDARD RATES (“EARLY TERMINATION FEE”). TO CLARIFY, THE EARLY TERMINATION FEE IS THE DIFFERENCE BETWEEN THE FULL PRICE OF YOUR FIRST ORDER AT STANDARD RATES AND THE DISCOUNTED PRICE OF THAT ORDER (TAXES MAY APPLY).

THE “NO REFUND POLICY” MENTIONED IN THIS SECTION APPLIES AT ALL TIMES, IRRESPECTIVE OF YOUR DECISION TO TERMINATE YOUR USAGE, ALTERIO MEDIA, LLC DBA MALL OF MARS'S DECISION TO END YOUR USAGE, DISRUPTIONS TO OUR PLATFORM OR SERVICES, WHETHER PLANNED, ACCIDENTAL, OR INTENTIONAL, OR FOR ANY OTHER REASON.

ALTERIO MEDIA, LLC HAS THE RIGHT BUT NOT THE OBLIGATION TO MONITOR AND EDIT ALL CONTENT PROVIDED BY USERS.

IN ADDITION, CONTENT FOUND ON OR THROUGH THIS SERVICE ARE THE PROPERTY OF ALTERIO MEDIA, LLC DBA MALL OF MARS OR USED WITH PERMISSION. YOU MAY NOT DISTRIBUTE, MODIFY, TRANSMIT, REUSE, DOWNLOAD, REPOST, COPY, OR USE SAID CONTENT, WHETHER IN WHOLE OR IN PART, FOR COMMERCIAL PURPOSES OR FOR PERSONAL GAIN, WITHOUT THE EXPRESS ADVANCE WRITTEN PERMISSION FROM US.

PRICING

YOU WILL BE CHARGED $49 USD EVERY 30 DAYS UNTIL YOU NOTIFY US BY WRITING YOU WISH TO CANCEL. ALL CANCELLATIONS NOTIFICATIONS MUST BE SENT TO HI@MALLOFMARS.COM

SHIPPING TERMS OF SERVICE

1. Martian Time Processing (Processing Time):

  • All orders are processed and shipped within 1-5 Martian business days.
  • Note: Martian business days align with Pacific Time. Orders placed after 1 PM PST (4 PM Eastern Time) will be processed the next business day.
  • Explanation: The term "Martian Time" refers to the processing time frame, humorously equating it to Pacific Time for ease of understanding.

2. Earthly and Interplanetary Shipping Services:

  • Earthly orders are shipped via FedEx, UPS, and USPS.
  • For interplanetary orders, DHL or USPS International are used.
  • Explanation: "Earthly" refers to orders shipped within Earth, while "Interplanetary" encompasses orders shipped beyond Earth, including to other planets or celestial bodies.

3. Weekend Shipping Policy:

  • No shipping or processing occurs during weekends on Mars, aligning with Earth's weekend, except for special occasions like Christmas.
  • Explanation: This policy adopts the Martian perspective, humorously considering weekends as universal rest days, mirroring Earth's weekend schedule.

4. Local Martian Pickup:

  • Orders can be picked up Monday to Friday, from 9 AM to 3:30 PM PST.
  • A valid Earth government-issued identification is required for pickup.
  • Explanation: "Local Martian Pickup" is a playful term for local order pickups, with "Martian" emphasizing the theme.

5. Local Rover Delivery (Upcoming Service):

  • Available within a 40-mile radius of our Martian facility, with a flat fee.
  • Customers can choose immediate or scheduled delivery.
  • Explanation: "Rover Delivery" is a fanciful term for local delivery services, likening delivery vehicles to Martian rovers.

6. Express Interplanetary Shipping:

  • Next business day delivery for orders placed before 1 PM PST on Earth's Friday.
  • Saturday delivery is available if selected.
  • Explanation: This term refers to expedited shipping options, drawing a parallel to fast interplanetary travel.

7. Earth (US) and Interplanetary Order Shipping:

  • For US orders, tracking information is provided after launch.
  • International orders are subject to varying costs and do not include customs duties fees and taxes.
  • Explanation: These terms distinguish between domestic (US) and international (interplanetary) shipping, using space travel metaphors.

8. Interplanetary Customs:

  • Customers are responsible for understanding and adhering to their planet's import regulations.
  • We are not liable for customs delays or denied entry of packages.
  • A 20% restocking fee applies if items are returned due to customs issues.
  • Explanation: "Interplanetary Customs" humorously refers to the customs process for international orders.

9. Warp Speed Shipping:

  • Expedited processing within 24 Martian hours for orders submitted and charged before 1 PM PST (4 PM EST), Monday to Friday.
  • Explanation: "Warp Speed Shipping" creatively denotes our expedited shipping option, using a term often associated with fast space travel.

10. Change of Landing Site (Address Change):

  • Shipping addresses can be changed only if the order has not yet been fulfilled.
  • For in-transit orders, contact the shipping carrier for rerouting.
  • Explanation: "Change of Landing Site" is a playful way to refer to the process of changing the shipping address.

11. Order Abort Mission (Cancellation Policy):

  • Due to our efficient processing system, we cannot accept order cancellations.
  • Explanation: "Order Abort Mission" humorously signifies our policy on order cancellations, likening it to aborting a space mission.

12. Our Martian Commitment:

  • Our commitment to customer satisfaction is as steadfast as a Martian's duty. We aim to build a community of satisfied, repeat customers.
  • Explanation: This term conveys our dedication to customer service, inspired by the theme of Martian commitment and perseverance.

ORDER REFUNDS

Refund Eligibility Window
30-Day Period: Customers have a 30-day window from the order date to request a refund for items not yet dispatched. This period allows customers to reconsider their purchase before their goods embark on their journey to their doorstep.

Final Sale Items
No Returns/Refunds: Items marked as final sale are not eligible for return or refund. This category includes products that are limited in quantity or special in nature, and thus, cannot be restocked.

Shipping Charges
Non-Refundable: The cost associated with shipping items to customers is non-refundable. This is akin to the operational costs incurred during a space mission, which cannot be reclaimed once the mission is underway.

Faulty or Incorrect Items
Procedure for Resolution: Should a customer receive an item that is faulty or not what was ordered, the customer is advised to contact Mall of Mars immediately. The customer must provide their name, order number, the product's name or code, and photographic evidence of the issue. Mall of Mars will assess the situation and, if responsibility is acknowledged, will arrange for a replacement to be sent out at no additional cost to the customer.

Lost Orders
Missing Deliveries: In the event that an order is lost in transit, customers are encouraged to reach out to Mall of Mars for assistance. The team will investigate the matter with the shipping service and, if deemed appropriate, will dispatch a replacement order.

Interpretation of Thematic Language
Our refund policy uses thematic language inspired by space exploration and the mysteries of Mars to make the shopping experience more engaging and enjoyable. References to "Martian artifacts," "rogue asteroids," and "missions" are metaphoric and intended to enrich the customer experience. However, they correspond to standard retail practices of final sale items, receiving incorrect or damaged goods, and the process of shipping and handling.

By integrating our refund policy into your Terms of Service, you agree to these conditions and understand the procedures for returning items and receiving refunds. Our goal is to make every shopping expedition with Mall of Mars as satisfying and exciting as the exploration of space itself.

ACCOUNTS

WHEN YOU CREATE AN ACCOUNT WITH US, YOU GUARANTEE THAT YOU ARE ABOVE THE AGE OF 18 AND THAT THE INFORMATION YOU PROVIDE US IS ACCURATE, COMPLETE, AND CURRENT AT ALL TIMES. INACCURATE, INCOMPLETE, OR OBSOLETE INFORMATION MAY RESULT IN THE IMMEDIATE TERMINATION OF YOUR ACCOUNT ON THE SERVICE.

YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR ACCOUNT AND PASSWORD, INCLUDING BUT NOT LIMITED TO THE RESTRICTION OF ACCESS TO YOUR COMPUTER AND/OR ACCOUNT. YOU AGREE TO ACCEPT RESPONSIBILITY FOR ANY AND ALL ACTIVITIES OR ACTIONS THAT OCCUR UNDER YOUR ACCOUNT AND/OR PASSWORD, WHETHER YOUR PASSWORD IS WITH OUR SERVICE OR A THIRD-PARTY SERVICE. YOU MUST NOTIFY US IMMEDIATELY UPON BECOMING AWARE OF ANY BREACH OF SECURITY OR UNAUTHORIZED USE OF YOUR ACCOUNT.

YOU MAY NOT USE AS A USERNAME THE NAME OF ANOTHER PERSON OR ENTITY OR THAT IS NOT LAWFULLY AVAILABLE FOR USE, A NAME OR TRADEMARK THAT IS SUBJECT TO ANY RIGHTS OF ANOTHER PERSON OR ENTITY OTHER THAN YOU, WITHOUT APPROPRIATE AUTHORIZATION. YOU MAY NOT USE AS A USERNAME ANY NAME THAT IS OFFENSIVE, VULGAR OR OBSCENE.

WE RESERVE THE RIGHT TO REFUSE SERVICE, TERMINATE ACCOUNTS, REMOVE OR EDIT CONTENT, OR CANCEL ORDERS AT OUR SOLE DISCRETION.

COPYRIGHT POLICY

WE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS. IT IS OUR POLICY TO RESPOND TO ANY CLAIM THAT CONTENT POSTED ON THE SERVICE INFRINGES ON THE COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS ("INFRINGEMENT") OF ANY PERSON OR ENTITY.

IF YOU ARE A COPYRIGHT OWNER OR AUTHORIZED ON BEHALF OF ONE, AND YOU BELIEVE THAT THE COPYRIGHTED WORK HAS BEEN COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT, PLEASE SUBMIT YOUR CLAIM VIA EMAIL TO HI@MALLOFMARS.COM, WITH THE SUBJECT LINE: "COPYRIGHT INFRINGEMENT" AND INCLUDE IN YOUR CLAIM A DETAILED DESCRIPTION OF THE ALLEGED INFRINGEMENT AS DETAILED BELOW, UNDER "DMCA NOTICE AND PROCEDURE FOR COPYRIGHT INFRINGEMENT CLAIMS"

YOU MAY BE HELD ACCOUNTABLE FOR DAMAGES (INCLUDING COSTS AND ATTORNEYS' FEES) FOR MISREPRESENTATION OR BAD-FAITH CLAIMS ON THE INFRINGEMENT OF ANY CONTENT FOUND ON AND/OR THROUGH THE SERVICE ON YOUR COPYRIGHT.

DMCA NOTICE AND PROCEDURE FOR COPYRIGHT INFRINGEMENT CLAIMS

YOU MAY SUBMIT A NOTIFICATION PURSUANT TO THE DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) BY PROVIDING OUR COPYRIGHT AGENT WITH THE FOLLOWING INFORMATION IN WRITING (SEE 17 U.S.C 512(C)(3) FOR FURTHER DETAIL):

AN ELECTRONIC OR PHYSICAL SIGNATURE OF THE PERSON AUTHORIZED TO ACT ON BEHALF OF THE OWNER OF THE COPYRIGHT'S INTEREST;

A DESCRIPTION OF THE COPYRIGHTED WORK THAT YOU CLAIM HAS BEEN INFRINGED, INCLUDING THE URL (I.E., WEB PAGE ADDRESS) OF THE LOCATION WHERE THE COPYRIGHTED WORK EXISTS OR A COPY OF THE COPYRIGHTED WORK;

IDENTIFICATION OF THE URL OR OTHER SPECIFIC LOCATION ON THE SERVICE WHERE THE MATERIAL THAT YOU CLAIM IS INFRINGING IS LOCATED;

YOUR ADDRESS, TELEPHONE NUMBER, AND EMAIL ADDRESS;

A STATEMENT BY YOU THAT YOU HAVE A GOOD FAITH BELIEF THAT THE DISPUTED USE IS NOT AUTHORIZED BY THE COPYRIGHT OWNER, ITS AGENT, OR THE LAW;

A STATEMENT BY YOU, MADE UNDER PENALTY OF PERJURY, THAT THE ABOVE INFORMATION IN YOUR NOTICE IS ACCURATE AND THAT YOU ARE THE COPYRIGHT OWNER OR AUTHORIZED TO ACT ON THE COPYRIGHT OWNER'S BEHALF.

YOU CAN CONTACT OUR COPYRIGHT AGENT VIA EMAIL AT HI@MALLOFMARS.COM

INTELLECTUAL PROPERTY

THE SERVICE AND ITS ORIGINAL CONTENT (EXCLUDING CONTENT PROVIDED BY USERS), FEATURES AND FUNCTIONALITY ARE AND WILL REMAIN THE EXCLUSIVE PROPERTY OF MALL OF MARS AND ITS LICENSORS. THE SERVICE IS PROTECTED BY COPYRIGHT, TRADEMARK, AND OTHER LAWS OF BOTH THE UNITED STATES AND FOREIGN COUNTRIES. OUR TRADEMARKS AND TRADE DRESS MAY NOT BE USED IN CONNECTION WITH ANY PRODUCT OR SERVICE WITHOUT THE PRIOR WRITTEN CONSENT OF DOSE OF ROSES.

LINKS TO OTHER WEB SITES

OUR SERVICE MAY CONTAIN LINKS TO THIRD PARTY WEBSITES OR SERVICES THAT ARE NOT OWNED OR CONTROLLED BY MALL OF MARS.

MALL OF MARS HAS NO CONTROL OVER AND ASSUMES NO RESPONSIBILITY FOR THE CONTENT, PRIVACY POLICIES, OR PRACTICES OF ANY THIRD PARTY WEBSITES OR SERVICES. WE DO NOT WARRANT THE OFFERINGS OF ANY OF THESE ENTITIES/INDIVIDUALS OR THEIR WEBSITES.

YOU ACKNOWLEDGE AND AGREE THAT MALL OF MARS SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEBSITES OR SERVICES.

WE STRONGLY ADVISE YOU TO READ THE TERMS AND CONDITIONS AND PRIVACY POLICIES OF ANY THIRD PARTY WEBSITES OR SERVICES THAT YOU VISIT.

TERMINATION

WE MAY TERMINATE OR SUSPEND YOUR ACCOUNT AND BAR ACCESS TO THE SERVICE IMMEDIATELY, WITHOUT PRIOR NOTICE OR LIABILITY, UNDER OUR SOLE DISCRETION, FOR ANY REASON WHATSOEVER AND WITHOUT LIMITATION, INCLUDING BUT NOT LIMITED TO A BREACH OF THE TERMS.

IF YOU WISH TO TERMINATE YOUR ACCOUNT, YOU MAY SIMPLY DISCONTINUE USING THE SERVICE.

ALL PROVISIONS OF THE TERMS WHICH BY THEIR NATURE SHOULD SURVIVE TERMINATION SHALL SURVIVE TERMINATION, INCLUDING, WITHOUT LIMITATION, OWNERSHIP PROVISIONS, WARRANTY DISCLAIMERS, INDEMNITY AND LIMITATIONS OF LIABILITY.

INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS MALL OF MARS AND ITS LICENSEE AND LICENSORS, AND THEIR EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS AND DIRECTORS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES), RESULTING FROM OR ARISING OUT OF A) YOUR USE AND ACCESS OF THE SERVICE, BY YOU OR ANY PERSON USING YOUR ACCOUNT AND PASSWORD; B) A BREACH OF THESE TERMS, OR C) CONTENT POSTED ON THE SERVICE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL MALL OF MARS, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

DISCLAIMER

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE.

MALL OF MARS, ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.

EXCLUSIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.

GOVERNING LAW

THESE TERMS SHALL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF CALIFORNIA, UNITED STATES, WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS.

OUR FAILURE TO ENFORCE ANY RIGHT OR PROVISION OF THESE TERMS WILL NOT BE CONSIDERED A WAIVER OF THOSE RIGHTS. IF ANY PROVISION OF THESE TERMS IS HELD TO BE INVALID OR UNENFORCEABLE BY A COURT, THE REMAINING PROVISIONS OF THESE TERMS WILL REMAIN IN EFFECT. THESE TERMS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN US REGARDING OUR SERVICE, AND SUPERSEDE AND REPLACE ANY PRIOR AGREEMENTS WE MIGHT HAVE HAD BETWEEN US REGARDING THE SERVICE. 

CHANGES

WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO MODIFY OR REPLACE THESE TERMS AT ANY TIME. IF A REVISION IS A MATERIAL WE WILL PROVIDE AT LEAST 30 DAYS NOTICE PRIOR TO ANY NEW TERMS TAKING EFFECT. WHAT CONSTITUTES A MATERIAL CHANGE WILL BE DETERMINED AT OUR SOLE DISCRETION.

BY CONTINUING TO ACCESS OR USE OUR SERVICE AFTER ANY REVISIONS BECOME EFFECTIVE, YOU AGREE TO BE BOUND BY THE REVISED TERMS. IF YOU DO NOT AGREE TO THE NEW TERMS, YOU ARE NO LONGER AUTHORIZED TO USE THE SERVICE. 

CONTACT US

IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS, PLEASE CONTACT US AT HI@MALLOFMARS.COM