Conditions of Use

Last updated: Feburary 27, 2024

Welcome to Monthlies.club (“Monthlies”) provides website features and other products and services to you when you visit or shop at Monthlies.club, use Monthlies products or services, use Monthlies applications for mobile, or use software provided by Monthlies in connection with any of the foregoing (collectively, ” Monthlies Services”). By using the Monthlies Services, you agree, on behalf of yourself and all members of your household and others who use any Service under your account, to the following conditions.

Please read these conditions carefully. 

ELECTRONIC COMMUNICATIONS

When you use the Monthlies Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through the Monthlies Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Monthlies or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through the Monthlies Services is the exclusive property of Monthlies and protected by U.S. and international copyright laws.

TRADEMARKS

Graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Monthlies Services are trademarks or trade dress of Monthlies in the U.S. and other countries. Monthlies’ trademarks and trade dress may not be used in connection with any product or service that is not Monthlies’, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Monthlies. All other trademarks not owned by Monthlies that appear in the Monthlies Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Monthlies.

LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Monthlies or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Monthlies Services. This license does not include any resale or commercial use of the Monthlies Services, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Monthlies Services or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Monthlies or its licensors, suppliers, publishers, rightsholders, or other content providers. The Monthlies Services may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Monthlies. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Monthlies without express written consent. You may not use any meta tags or any other “hidden text” utilizing Monthlies’ name or trademarks without the express written consent of Monthlies. You may not misuse the Monthlies Services. You may use the Monthlies Services only as permitted by law. The licenses granted by Monthlies terminate if you do not comply with these Conditions of Use or any Service Terms.

YOUR ACCOUNT

You will need your own Monthlies account to use the Monthlies Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. Visit to manage your payment options. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the Monthlies Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their Monthlies Household. Monthlies reserves the right to refuse service, terminate accounts, terminate your rights to use the Monthlies Services, remove or edit content, or cancel orders in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Monthlies reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Monthlies a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Monthlies and sublicensees the right to use the name that you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Monthlies for all claims resulting from content you supply. Monthlies has the right but not the obligation to monitor and edit or remove any activity or content. Monthlies takes no responsibility and assumes no liability for any content posted by you or any third party.

RISK OF LOSS

All purchases of physical items from Monthlies are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

SANCTIONS AND EXPORT POLICY

You may not use the Monthlies Services if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using the Monthlies Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE MONTHLIES SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MONTHLIES SERVICES ARE PROVIDED BY MONTHLIES ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MONTHLIES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE MONTHLIES SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MONTHLIES SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE MONTHLIES SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, MONTHLIES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MONTHLIES DOES NOT WARRANT THAT THE MONTHLIES SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MONTHLIES SERVICES OR ELECTRONIC COMMUNICATIONS SENT FROM MONTHLIES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, MONTHLIES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE MONTHLIES SERVICES OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MONTHLIES SERVICES INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

DISPUTES

Any dispute or claim relating in any way to your use of the Monthlies Services will be adjudicated in the state or Federal courts in Collin County, Texas, and you consent to exclusive jurisdiction and venue in these courts. We each waive any right to a jury trial.

APPLICABLE LAW

By using the Monthlies Services, you agree that applicable federal law, and the laws of the state of Texas, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Monthlies.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

SUBSCRIPTION AND DISCOUNT CODE POLICIES

We may offer a number of subscription plans. Your Monthlies subscription will continue and automatically renew until terminated. You must cancel your membership no later than five (5) before it renews in order to avoid billing of the subscription fees for the next billing cycle. If you are new to our subscription service, you may not cancel your subscription until after your second order. To cancel, go to the “Account” page on our monthlies.com website and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period.

Promotional Offers. We may from time to time offer special promotional offers, plans or memberships (“Offers”). Offer eligibility is determined by Monthlies at its sole discretion and we reserve the right to revoke an Offer and put your account on hold in the event that we determine you are not eligible. The eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the Offer or in other communications made available to you. Any discount code can only be used once and not on any consecutive subscription orders.

Changes to the Price and Subscription Plans. We may change our subscription plans and the price of our service from time to time. We will notify you at least one month before any price changes or changes to your subscription plan will become effective. If you do not wish to accept the price change or change to your subscription plan, you can cancel your membership before the change takes effect.

No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used subscription periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

Free Shipping. Free shipping only applies to subscriptions for local residents while in school (in South Bend) and after the first order (first renewal of the subscription) a $1 shipping fee will be charged on all subsequent orders.

ADDITIONAL MONTHLIES SOFTWARE TERMS

The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with the Monthlies Services (the ” Monthlies Software”).

1. Use of the Monthlies Software. You may use the Monthlies Software solely for purposes of enabling you to use the Monthlies Services as provided by Monthlies, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the Monthlies Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Monthlies Software in whole or in part. All software used in the Monthlies Services are the property of Monthlies or its software suppliers and is protected by United States and international copyright laws.
2. Use of Third Party Services.When you use the Monthlies Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
3. No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Monthlies Software, whether in whole or in part.
4. We may offer automatic or manual updates to the Monthlies Software at any time and without notice to you.
5. In the event of any conflict between these Conditions of Use and any other Monthlies or third-party terms applicable to any portion of the Monthlies Software, such as open-source license terms, such other terms will control as to that portion of the Monthlies Software and to the extent of the conflict.

 PRIVACY

Monthlies and Your Personal Information

Protecting your privacy and the security of your personal information is and has always been, a top priority for Monthlies.

Information You Provide To Us

When you interact with our products and services, you provide us with information. We securely store and use this information to improve your Monthlies experience.

Examples Of How We Use And Look After Your Personal Information

As explained in our Privacy Notice, we use your personal information to provide and improve our services. Here are the some of the ways that we use it:

• to handle your orders and payments, deliver your items and provide you with services
• to prevent or detect fraud and abuse in order to protect your security
• to analyze our performance, so we can fix errors, build features, and to improve our services for you
• to recommend features, products, and services that might be of interest to you and personalize your Monthlies experience
• to communicate with you about Monthlies
• to enable our systems to recognize your browser or device and to provide our services to you, we use cookies.

Your privacy and the security of your data is important to us. We are not in the business of selling our customers’ personal information to others.

The legal basis for our use of your personal information varies depending on why we need to use your information. When you purchase a product on our marketplace, we need your information to perform a contract with you. We retain records related to your purchase to comply with tax-related legal obligations. We also detect, prevent, and respond to fraud; this usage is based on our and our customer’s legitimate interests.

We design all of our systems and devices with your privacy in mind. We recommend that you implement simple measures to ensure your protection against unauthorized access to your password, your computers, devices, and applications, such as the following:

Using a unique password for your Monthlies account that is not used for other online accounts.

Signing out when you finish using a shared computer.