Terms Of Use – Monthly Gift.

Terms Of Use

Welcome to Monthly Gift! You are reading these terms of use (“Terms”) because you are using the Monthly Gift App (“App”), accessing MonthlyGift.com website (“Site”), or using the Monthly Gift subscription service (“Service”), all of which are part of the Monthly Gift platform (“Platform”), which is owned and operated by Monthly Gift Inc. and its parent, subsidiaries and affiliates (collectively “Monthly Gift”, “us”, “we”, “our”).

Please read these Terms carefully. By using the Platform, you are agreeing to be bound by these Terms.

THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE, WHICH REQUIRES THAT YOU AND MONTHLY GIFT ARBITRATE CERTAIN CLAIMS BY BINDING, INDIVIDUAL ARBITRATION INSTEAD OF GOING TO COURT AND LIMITS CLASS ACTION CLAIMS, UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE AS DESCRIBED IN THE ARBITRATION SECTION.

A few important points:

I. Your Account; Registration

You may be asked to create an account in order to access certain features of the Platform. In order to create an account, we will ask you to complete a registration form, provide an email address, and create a password (“Account Information”).  Our App users may also have the opportunity to create a security pin to protect their account.

When you register for an account with us, the following rules apply:

We may suspend or terminate your account or access to the Platform at any time with or without notice if we suspect an unauthorized use of your account.

II. Products

a. Product Information; Availability

Monthly Gift attempts to be as accurate as possible. However, Monthly Gift does not warrant that product descriptions or other content on the Platform will always be accurate, complete, reliable, current, or error-free. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability. We do not guarantee that all products described on our Platform will be available at all times.

b. Risk of Loss

Any merchandise purchased from our Platform will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.

c. Fraud Protection

We strive to protect you and the integrity of the Platform.  We may monitor the Platform and screen any orders or other transactions for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your order or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity.

III. Monthly Gift Subscriptions

**Note: At Monthly Gift, we charge and ship based on the length of your menstrual cycle.  We offer cycle to cycle, 6 cycle and 12 cycle subscription plans.

a. Subscription Plans

By subscribing to Monthly Gift and providing or designating a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”), you agree that Monthly Gift may charge the Payment Method for your subscription at the then-current subscription rate (including any taxes, including local sales tax or VAT, and late fees, as applicable). You agree that your Payment Method will automatically be charged by Monthly Gift (through its payment card processing service provider) on a cycle to cycle, 6 cycle, or 12 cycle basis (depending on your subscription plan) until you cancel your subscription or until prohibited by applicable law.

We reserve the right to change our fee structure at any time, except for the subscription fees applicable to any then-current fee-bearing subscription period. We also reserve the right to initiate special incentive pricing, membership and other programs, which may be limited, at our sole discretion, to defined and limited existing users or new users. We do not provide price protection or refunds in the event of a price reduction or promotional offering.

b. Billing

We automatically bill your Payment Method on the calendar day corresponding to the commencement of your subscription. We may authorize your Payment Method in anticipation of membership or service-related charges and we reserve the right to change the timing of our billing if your Payment Method has not been successfully processed. As used in these Terms, “billing” shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method.

c. Cancelling Your Subscription

You may cancel your subscription at any time by emailing us at help@monthlygift.com. If you cancel, you may use your subscription until the end of your then-current subscription term. We may refuse to renew any subscription in our sole discretion.

FOR OUR CYCLE TO CYCLE SUBSCRIPTIONS, IF YOU DO NOT CANCEL 5 DAYS PRIOR TO YOUR SHIP DATE, YOU WILL BE CHARGED FOR THAT CYCLE’S SUBSCRIPTION CHARGE. All cancellation requests received less than 5 days before the ship date will apply to the following cycle.

Monthly Gift will not send you a monthly or annual statement. Receipts for recurring charges can be viewed and printed from your account.  If you revoke authorization to charge your payment card, or if for any reason your payment card issuer does not submit payment, Monthly Gift will cancel your subscription or suspend your use of the Service.

PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS.

d. Updating Your Subscription

Once your current subscription period expires, you may renew your subscription plan, or you may upgrade (or downgrade) to a different subscription level. You may not downgrade your plan (e.g. from a 12 cycle to a 6 cycle plan, or a 6 cycle plan to a cycle to cycle plan) until your current subscription term expires.

e. Suspending Your Subscription.

You may suspend your subscription prospectively by clicking “Pause Monthly Gift” within your account.  If you don’t suspend your subscription 5 days before your ship date, your suspension will become effective the following cycle. You may suspend your subscription for up to 12 cycles. Your subscription will automatically reactivate once your suspension period expires.

IV. Promotional Offers

a. Coupon Codes

Coupon codes have no cash value and cannot be redeemable for cash, and cannot be combined with any other offers. Limit one coupon code per order. Coupon codes generally expire and are no longer valid for redemption 90 days after their date of generation, but certain coupon codes may have their own redemption period as specified in connection with the coupon code itself. The unauthorized reproduction, resale, modification, or trade of coupon codes is prohibited. Coupon codes are void where prohibited, taxed or restricted. Monthly Gift reserves the right to change or limit coupon codes in its sole discretion.

b. Free Trials

From time to time, we may offer a free one-month trial of our Monthly Gift subscriptions.  Get your first box free and see how you like it.  If you love it – and we hope you do! – you will be automatically enrolled in (and charged for) the subscription plan you selected.  You must cancel before your second box ships in order to avoid being charged.  Shipping dates vary based on your cycle.  Please contact us at help@monthlygift.com if you have any trouble cancelling your subscription.

**Note: All free trials require a valid credit card.

c. Other Promotions.

We may offer other promotions.  Any special terms or conditions will be disclosed at the time of the promotion.

V. Monthly Gift Community: Content Guidelines

a. Monthly Gift Community

The Monthly Gift blog and social media accounts (the “Monthly Gift Community”) exist to connect women to other women, resources and experts in the field of women’s health.  We are happy to invite you to participate in the Monthly Gift Community. You are encouraged to read and contribute as many questions, articles, infographics and other resources on the Monthly Gift Community as you wish, and to share what you learn with others both online and offline.  Please review the Submission Guidelines below carefully.  We reserve the right to remove any User Content that does not comply with the Submission Guidelines or these Terms.

b. Submission Guidelines

You may choose to contribute to the Monthly Gift Community by posting text, images, or video to the Platform (“User Content”). 

When contributing content, please consider the following guidelines:

c. No Obligation to Monitor

Monthly Gift has the right to prescreen, monitor, or remove User Content – but we have no obligation to do so.  Below are the categories of User Content that are likely to be flagged for removal:

If you wish to have User Content you’ve submitted removed from the Platform, please email help@monthlygift.com.  Requests to remove User Content will considered be at the sole discretion of Monthly Gift Inc.

d. Ownership of User Content

User Content is owned by you or whoever created it.

By submitting or posting any User Content on the Platform, you grant Monthly Gift a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use your User Content, including the likeness of any person that appears in the User Content, or any of the concepts or ideas contained in the User Content, for any purpose, including commercial use, which includes the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute and assign these rights. Please do not post any content unless you have permission from the person who took the picture and anyone who is depicted in the picture.  Monthly Gift will be entitled to use your User Content without incurring obligations of confidentiality, attribution or compensation to you.

d. Liability

We take no responsibility for, we do not expressly or implicitly endorse, and we expressly disclaim any liability for the conduct of users or for any views, opinions and statements expressed in User Content.  You use the Platform and view the User Content strictly at your own risk.

VI. Proprietary Rights

Except for User Content, all of the content on our Platform – including materials, text, images, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, and other content (“Platform Content“) – is owned by Monthly Gift or others we license Platform Content from, and is protected under the United States’ and other countries’ copyright laws.

All rights not granted under these Terms are reserved by Monthly Gift.

VII. Important Disclaimers

a. No Medical Advice.

The Platform may include information and features that promote female health and hygiene, but they are not intended as medical advice or services, or for diagnostic or treatment purposes.

b. WARRANTY DISCLAIMER.

Other than as expressly set out in this agreement, neither Monthly Gift nor any of our affiliates make any promises about the Platform or the information or services provided by Monthly Gift.

*Some states do not permit limitations or exclusions on warranties, so these limitations may not apply to you.

VIII. Advertisers; Third Party Links

Our Platform may provide you with the ability to link to third-party websites, social media platforms, mobile apps, and other products and services (“Third Parties”). You may be able to connect with these Third Parties through the Platform, but that does not mean Monthly Gift endorses, monitors or has any control over these Third Parties or their activities, which are subject to separate terms of use and privacy policies.  Monthly Gift is not responsible for the content, policies, or activities of Third Parties and you interact with Third Parties at your own risk.  You should carefully review any Third Party’s terms of use and privacy policy.

Although we may display ads and may have an affiliate referral relationship with third parties, we do not own or control outside companies selling products accessed through our Platform, and are not responsible or liable for their company policies or the quality of their merchandise or services.

IX. Indemnification

You agree to defend, indemnify, and hold harmless Monthly Gift, its parent company, subsidiaries, affiliates and each of our and their respective officers, employees, contractors, directors, suppliers and representatives (“Monthly Gift Parties”) from all liabilities, claims, and expenses, including reasonable attorneys’ fees, arising from or relating in any way to your User Content, your use of Platform Content, your use of the Platform, your conduct in connection with the Platform or with other Platform users, or any violation of these Terms, any law or the rights of any third party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

X. Limitation of Liability

NONE OF THE MONTHLY GIFT PARTIES WILL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION FOR ANY LOST PROFITS OR LOST DATA, failure to conceive or deliver, or DAmage to any aspect of your relationship with a spouse or partner, THAT RESULTs FROM THE USE OF, OR THE INABILITY TO USE, THE PLATFORM, OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE PLATFORM OR THE CONDUCT OF OTHER PLATFORM USERS, OR ANY USER CONTENT OR ANY OTHER ACTIVITY IN CONNECTION WITH THE USE OF THE PLATFORM, EVEN IF MONTHLY GIFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOUR ONLY REMEDY AGAINST MONTHLY GIFT IN CONNECTION WITH ANY DAMAGES ARISING FROM YOUR USE OF THE PLATFORM OR ANY CONTENT IS TO STOP USING THE PLATFORM. IF MONTHLY GIFT IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE PLATFORM, MONTHLY GIFT’S LIABILITY SHALL NOT EXCEED THE GREATER OF $10.00 OR THE AMOUNT YOU PAID TO MONTHLY GIFT IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

You understand that the Platform would not be provided without these limitations and if you do not agree to these limitations, please do not use the Platform. 

XI. Termination

We may terminate any user’s subscription or access to our Platform, including access to any online discussion forum, in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate users who violate these Terms, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our Platform.

In the event a user’s account or access to the Platform is terminated, her subscription plan will be simultaneously terminated and the user will not be charged going forward.  If a user’s account is terminated in accordance with this section in the middle of a subscription cycle, may request a refund, pro rated for the number of months left on the plan.  Refund request will be decided by Monthly Gift in its sole discretion. 

You understand and agree that some of your User Content may continue to appear on the Platform even after your account is terminated.

XII. Disputes; Arbitration Agreement

If a dispute arises between you and Monthly Gift, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly.  When you have a problem with Monthly Gift, you agree that you will first give Monthly Gift an opportunity to resolve your problem or dispute. You may send a written description of your problem or dispute to: legal@monthlygift.com .  If for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after Monthly Gift’s receipt of your written description of it, you agree to the arbitration provisions below.

a. Arbitration Provision

You agree that the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of the Platform or these Terms, shall be final and binding arbitration, except to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate Monthly Gift’s or any third party patent, copyright, trademark, trade secret, privacy or publicity rights, in which case you acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought by Monthly Gift and/or the applicable third party(ies).  You and we acknowledge that the Platform and Terms affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under the Agreement (despite any other choice of law provision).

Arbitration under this Agreement shall be conducted by the American Arbitration Association (the “AAA”).

b. Arbitration Opt-Out

YOU HAVE A RIGHT TO OPT-OUT OF THIS ARBITRATION AGREEMENT. IF YOU DO NOT AGREE TO THIS MANDATORY ARBITRATION PROVISION WITH REGARD TO ANY PARTICULAR INTERACTION WITH THE PLATFORM, THEN WITHIN THIRTY (30) DAYS FROM THE DATE OF SUCH INTERACTION, YOU MAY OPT-OUT OF THIS PART OF THE AGREEMENT BY SENDING AN EMAIL TO help@monthlygift.com. Any opt-out received after the thirty (30) day time period will not be valid and you must pursue your claim via arbitration pursuant to these Terms.

c. Class Action Waiver

To the fullest extent permitted by applicable law, NO ARBITRATION OR OTHER CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE PLATFORM, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In the event that this CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction and not in arbitration.

d. Jury Trial Waiver

WE BOTH AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND MONTHLY GIFT BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN US.

e. Statute of Limitations

In no event shall any claim, action or proceeding by you related in any way to the Platform, or these Terms, be instituted more than one (1) year after the cause of action arose.

XIII. General

a. Severability

If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms.

b. Waiver; Remedies

The failure of Monthly Gift to partially or fully exercise any rights or the waiver of Monthly Gift of any breach of these Terms by you shall not prevent a subsequent exercise of such right by Monthly Gift or be deemed a waiver by Monthly Gift of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Monthly Gift under these Terms and any other applicable agreement between you and Monthly Gift shall be cumulative, and the exercise of any such right or remedy shall not limit Monthly Gift’s right to exercise any other right or remedy.

c. FOR IOS AND ANDROID USERS

You acknowledge that this agreement is between you and Monthly Gift only, and not with the app store where you downloaded a Monthly Gift app (for iOS users, the App Store operated by Apple Inc. (“Apple”) or for Android users, the Google Play store operated by Google Inc. (“Google”)).  Apple or Google are not liable for any damages related to the Platform.  Apple and Google shall each be a third-party beneficiary of this agreement with respect to this paragraph.

d. Platform Changes

We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Platform and to change, suspend or discontinue any aspect of the Platform and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on the use of the Platform or restrict your access to part, or all, of the Platform without notice or penalty.

e. Jurisdictional Issues

We make no representation that our Platform is appropriate or available for use outside the United States, or that any products offered through our Platform or the Service will be made available outside the United States. Those who choose to access our Platform from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with all applicable United States laws as well as local laws and regulations. By using our Platform, you consent to having your Personal Information (as defined in our Privacy Policy) transferred to and processed in the United States.

XIV. Copyright and Trademark Notice

Please consult your legal advisor before filing a notice with Monthly Gift’s copyright agent because there may be penalties for false claims. If you believe that your work has been improperly copied to the Platform, such that it constitutes infringement, please provide us with the following information:

(1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf;

(2) a description of the copyrighted work that you claim has been infringed;

(3) a description of where on the Platform the content that you claim is infringing is located;

(4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(5) 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.

Send copyright infringement complaints to: legal@monthlygift.com

XV. Contact Us

Should you have any questions regarding these Terms, or if you wish to share feedback with us about product selection, pricing, ordering, delivery or other customer service issues, contact us via help@monthlygift.com.

This is a demo store for testing purposes — no orders shall be fulfilled.