Terms and Conditions

Acceptance

These terms of use are entered into between you and Note Holdings LLC. DBA America’s Mall (“America’s Mall,” “we,” “us,” or “our,” as the context requires).The following terms and conditions, together with any documents incorporated by reference (collectively, these “Terms of Use”), govern your access and use of https://americasmall.com/ (the “Site” and together with all products, content, functionality and services offered on or through the Site, the “Services”), whether as a guest or registered user.

Please read these Terms of Use carefully before you use the Site. By accessing or using the Services, by communicating with us regarding the Services, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by all applicable laws and regulations, these Terms of Use and our Privacy Policy, (together with these Terms of Use, the “User Terms”), incorporated herein by reference. If you do not want to agree to the User Terms, you must not access or use the Site or the Services.

The Services are offered and available to users who are eighteen (18) years of age or older. If you are not at least eighteen (18) years of age, you may not use or access the Services.

Links and Third-Party Websites

The inclusion of links to third party websites or of references to any third party on the Services does not constitute an express or implied endorsement by America’s Mall of those third parties or those websites and their content. We encourage consumers to shop responsibly and to question companies about their products and business practices before making any purchase.

These Terms of Use do not apply to any other website owned or operated by any third party, even if such third-party links to the Services or the Services link to a third-party website. Accordingly, these Terms of Use do not apply to the practices of any third party, affiliate, or business partner. You acknowledge that America’s Mall does not control such third-party websites and is not responsible for any content, services, or products of such third parties.

Changes to these Terms of Use

We may revise these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Services.

Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to these Terms of Use as revised. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Modification to the Site, Products and Services

America’s Mall reserves the right to modify in whole or in part, or temporarily or permanently discontinue, the Services (or any portion thereof) or any products, services or content contained on the Services for any reason and at any time and without notice to you.

Availability

America’s Mall periodically schedules system downtime for maintenance and other purposes and the Services may be unavailable due to unplanned system outages or circumstances outside of our control. America’s Mall shall have no liability to any user or third party whatsoever for the resulting unavailability of the Services or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery, or non-delivery of information caused by such system outages.

Product Display

America’s Mall has endeavored to accurately display the products featured on the Services. However, the colors we use and the capabilities of your computer monitor will affect the colors you see on your screen. We cannot guarantee that your monitor’s display of any color, texture, or detail will be accurate. Additionally, certain products may be updated or replaced with similar products. We cannot guarantee that any particular SKU or product displayed on the Services is the current model or SKU.

Errors

We attempt to provide the most recent, accurate, and reliable information on the Services. However, there may be occasions when information featured on the Services may contain typographical errors, incomplete data, inaccuracies, or items featured on the Services that are no longer in stock. We do not warrant that the information accessible via the Services is accurate, complete or current. Any errors are unintentional and we apologize if erroneous information is reflected in price or item availability, or in any way affects your individual order. We reserve the right to correct errors and to update product information at any time.

Ownership of Content

America’s Mall, its affiliates, or its third-party licensors own all copyrights, trademarks, trade dress, and other intellectual property contained on the Services or contained in email correspondence you may receive through the Services (“Content”). Content includes images, illustrations, designs, icons, photographs, trademarks, logos, text, software, sounds and the arrangement of Content on the Services as a whole. You shall not use any Content for any purpose without the prior written consent of America’s Mall or the respective owner of such Content.

Use of the Services

You agree to use the Services only for lawful purposes. You agree not to do any of the following: (a) communicate to America’s Mall or upload to or transmit on the Services any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (b) use the Services to violate the legal rights of others or to violate the laws of any jurisdiction; (c) intercept or attempt to intercept electronic mail not intended for you; (d) misrepresent an affiliation with any person or organization; (e) restrict or inhibit use of the Services by others; (f) upload or otherwise transmit files that contain a virus or corrupted data; (g) collect information about others without their consent (h) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Services or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Services); (i) post “spam”, transmit chain letters or engage in other similar activities; or (j) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by America’s Mall, may harm America’s Mall or users of the Services or expose them to liability.

You understand and acknowledge that you are responsible for whatever content you submit on the Services, and you, not America’s Mall, have full responsibility for such content, including its legality, reliability and appropriateness. By uploading or otherwise transmitting material to America’s Mall or to any area of the Services, you warrant that the material is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to communicate it to America’s Mall and/or post it to the Services. You grant to America’s Mall the right to use all content you upload or otherwise transmit to America’s Mall or the Services in any manner America’s Mall chooses, including, but not limited to, copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it.

America’s Mall reserves the right, but does not assume any responsibility, to (a) remove any material posted on the Services which America’s Mall, in its sole discretion, deems inconsistent with the foregoing commitments, including any material America’s Mall has been notified, or has reason to believe, constitutes a copyright infringement; and (b) terminate any user’s access to all or part of the Services. However, America’s Mall can neither review all material before it is posted on the Services nor ensure prompt removal of objectionable material after it has been posted. Accordingly, America’s Mall assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. America’s Mall reserves the right to take any action it deems necessary to protect the personal safety of users of the Services and the public; however, America’s Mall has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.

Your failure to comply with the above provisions may result in the termination of your access to the Services and may expose you to civil and/or criminal liability.

User Feedback

America’s Mall welcomes feedback, questions and comments about the Services. As a general policy, America’s Mall does not accept unsolicited ideas for products or services through the Services. All communications and other materials (including, without limitation, unsolicited ideas, photographs, drawings, suggestions, or materials) you send to America’s Mall by e-mail or otherwise will upon submission become the sole and exclusive property of America’s Mall and may be used by America’s Mall for any purpose whatsoever, commercial or otherwise, without compensation to you.

Account and Membership Information, Terms and Refund Policy

Certain portions of the Services may allow you to set up an account or subscribe to certain features or benefits, including creating a unique username and password or providing certain personal information. By joining, subscribing or submitting information to America’s Mall through the Services, you expressly agree to (a) keep your login and password information confidential; (b) ensure that any person accessing your account is aware that the account is subject to these Terms of Use; (c) supervise and be responsible for any use of your account; (d) promptly change your login information if you believe that an unauthorized person has access to your login information. Furthermore, by joining, subscribing or submitting information to America’s Mall through the Services, you expressly grant America’s Mall and its affiliates or third-party service providers the right to communicate with you via e-mail, mail, fax or telephone.

You are also responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password. America’s Mall reserves the right to suspend or cancel any user account for any other reason in its sole and absolute discretion.

Requests for membership refunds must be submitted to America’s Mall Nation within forty-eight (48) hours from the time of purchase. After forty-eight (48) hours membership purchases are non-refundable.

Purchases of Patriot and Platinum Patriot memberships last for one (1) year from the date of purchase, after which they must be renewed. By default, Patriot and Platinum Patriot memberships automatically renew unless you opt out. You may opt out of automatic renewals as described in our Frequently Asked Questions page, which is incorporated herein by reference.

Lifetime memberships last indefinitely but may be terminated by America’s Mall Nation for any or no reason, in our sole discretion, after [9] years from the date of purchase.

Please note that membership fees are not tax deductible (as described in our Frequently Asked Questions page).

America’s Mall Nation will support groups, candidates, or causes at our sole discretion.

Discount Vendor Terms

All third party vendors who participate in America’s Mall program (each a “Participating Vendor”) is solely responsible for processing, fulfillment, customer service, warranty obligations and all other liabilities and obligations relating to such Participating Vendor’s sale of goods or services to you. You acknowledge and agree that all agreements relating to the sale of goods or services from a Participating Vendor to you are solely between you and the Participating Vendor and that America’s Mall Nation shall have no responsibility, obligation, or liability related to the sale of goods or services from a Participating Vendor to you.

Access and Security

We reserve the right to withdraw or amend the Services, and any service or material we provide on the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to the Services (or portions thereof).

You are responsible for both:

• Making all arrangements necessary for you to have access to the Services.
• Ensuring that all persons who access the Services through your internet connection are aware of these Terms of Use and comply with them.

To access the Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current, and complete. You agree that all information you provide to us through and related to the Services is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Warranty and Liability Disclaimers

America’s Mall does not assume any liability for the materials, information and opinions provided on, or available through, the Services (The “Site Content”). Reliance on the Site Content is solely at your own risk. America’s Mall disclaims any liability for injury or damages resulting from the use of the Services, any portion of the Services or the Site Content.

THE SERVICES AND THE SITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. NEITHER America’s Mall NOR ANY PERSON ASSOCIATED WITH America’s Mall MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES OR THE SITE CONTENT. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER America’s Mall NOR ANYONE ASSOCIATED WITH America’s Mall WARRANTS OR REPRESENTS THAT THE SERVICES, THE SITE CONTENT OR SERVICES PROVIDED ON OR THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS; THAT DEFECTS WILL BE CORRECTED; THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. America’s Mall DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

YOU (AND NOT America’s Mall) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR ANY OTHER PROBLEMS WHATSOEVER YOU MAY HAVE AS A RESULT OF VISITING THE SITE.

Limitation on Damages

IN NO EVENT WILL America’s Mall OR ITS LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICES, ITS CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THE SERVICES OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE SERVICES OR THEIR CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY America’s Mall AND WHETHER OR NOT America’s Mall HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

IF YOU HAVE A CLAIM AGAINST America’s Mall THAT ARISES OUT OF THESE TERMS OF USE OR IS OTHERWISE RELATED TO THE SERVICES, THEN IN NO EVENT SHALL THE AGGREGATE LIABILITY OF America’s Mall TO YOU BE MORE THAN THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID America’s Mall FOR PRODUCTS OR SERVICES OVER THE PRECEDING TWELVE (12) MONTHS; OR (B) $100.

Indemnification

You agree to defend, indemnify, and hold harmless America’s Mall, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Services, including, but not limited to, any use of the Services other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Services.

Governing Law and Jurisdiction

These Terms of Use, the User Terms, and America’s Mall’s operation of the Services shall be governed by and interpreted in accordance with the laws of the state of Virginia without regard to its conflicts of laws provisions. You agree to the personal jurisdiction of and venue in the state and federal courts located in Virginia.

Waiver and Severability

No waiver by America’s Mall of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of America’s Mall to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Contact Us

If you have any feedback, comments, or questions about these Terms of Use, please contact us using the Contact Us form on the Site.