Terms of service

Last Updated: September 16, 2026

These Terms of Service (“Terms”) govern your access to and use of the website located at mompopsd.com, related webpages, digital coupons, promotional offers, wallet passes, redemption tools, and other services operated by PALM AND SOIL LLC, doing business as Mom & Pop San Diego (“Mom & Pop San Diego,” “we,” “us,” or “our”).

Please read these Terms carefully.

By accessing or using any portion of the Services after being provided reasonable notice of these Terms, or by clicking, selecting, checking, submitting, creating, verifying, claiming, saving, redeeming, or otherwise taking an action through any button, checkbox, link, form, account, session, wallet pass, redemption tool, or other interface that references, links to, or incorporates these Terms, you acknowledge that you have read, understood, and agree to be bound by these Terms.

If you do not agree to these Terms, do not access or use any portion of the Services for which these Terms are presented or incorporated, and do not take any action indicating acceptance of them.

1. About Mom & Pop San Diego

Mom & Pop San Diego is a local discovery and promotional platform that connects consumers with participating restaurants, cafés, retailers, service providers, and other businesses.

We may feature businesses through our website, direct-mail publications, digital communications, wallet passes, QR codes, and related promotional channels.

Participating businesses may pay Mom & Pop San Diego advertising, sponsorship, or participation fees.

Unless expressly stated otherwise, Mom & Pop San Diego does not sell the goods or services promoted through merchant offers and is not the merchant of record for purchases made from participating businesses.

2. Eligibility

You must be at least 18 years old, or the age of majority where you live, to independently enter into these Terms.

If you are under the age of majority, you may use the services only with the involvement and permission of a parent or legal guardian.

You may not use the services for an unlawful, fraudulent, abusive, or unauthorized purpose.

3. Participating Merchants Are Independent Businesses

Participating merchants are independent third parties.

Nothing in these Terms creates a partnership, joint venture, employment, franchise, agency, fiduciary, or similar relationship between Mom & Pop San Diego and a participating merchant.

Except where we expressly state otherwise, each merchant is responsible for:

  • the goods and services it sells;

  • its pricing;

  • product and service quality;

  • food preparation and safety;

  • appointments and reservations;

  • inventory and availability;

  • taxes, fees, and gratuities;

  • licenses and regulatory compliance;

  • representations made about its business; and

  • honoring valid promotional offers in accordance with their stated terms.

A transaction for goods or services with a participating merchant is a transaction between you and that merchant.

4. Advertising, Sponsorships, and Featured Businesses

Some businesses appearing on Mom & Pop San Diego may have paid to participate, advertise, sponsor a publication or neighborhood edition, or receive enhanced placement.

Paid participation does not mean that Mom & Pop San Diego guarantees or certifies the business, its products, services, personnel, or performance.

Labels such as “Sponsor,” “Presented By,” “Featured Partner,” or similar language may be used to identify certain paid relationships.

Our selection or inclusion of a business does not constitute a warranty or guarantee regarding that business.

5. Merchant Offers

Each promotional offer may contain its own eligibility requirements and restrictions.

These may include:

  • expiration dates;

  • qualifying purchases;

  • minimum spending requirements;

  • eligible products or services;

  • excluded products or services;

  • days or hours when an offer is valid;

  • participating locations;

  • redemption limits;

  • one-per-customer limitations;

  • quantity limitations;

  • reservation requirements;

  • availability limitations; and

  • other offer-specific conditions.

You are responsible for reviewing the offer terms before claiming or redeeming an offer.

Offer-specific terms form part of these Terms.

If an offer-specific term conflicts with these general Terms regarding the mechanics or eligibility for that particular offer, the offer-specific term controls with respect to that offer.

6. Claiming Offers

Certain offers may require you to complete a claim process before redemption.

Claiming an offer may involve:

  • clicking a claim button;

  • providing a mobile telephone number;

  • verifying a one-time code;

  • providing an email address;

  • maintaining a browser session;

  • receiving a unique coupon;

  • receiving a unique redemption identifier; or

  • saving a pass to a supported digital wallet.

Claiming an offer does not constitute a purchase from Mom & Pop San Diego.

Unless expressly stated otherwise, consumers are not charged by Mom & Pop San Diego to claim or redeem promotional offers.

7. One-Per-Customer and Duplicate-Claim Restrictions

Offers may be limited to one claim or one redemption per eligible customer.

Where applicable, eligibility may be determined using a verified phone number, email address, unique coupon identifier, account, browser session, or another reasonable method disclosed as part of the offer or claim process.

A restriction described as “one per customer” does not necessarily mean one per physical device.

You may not attempt to circumvent an offer limit by:

  • using multiple telephone numbers or email addresses for the same person;

  • creating duplicate accounts;

  • clearing or manipulating technical identifiers for the purpose of reclaiming an offer;

  • altering coupon identifiers;

  • duplicating wallet passes;

  • using automated claiming tools; or

  • otherwise attempting to obtain more redemptions than the offer permits.

We may invalidate duplicate or fraudulently obtained offers.

8. Redemption

Offers must be redeemed according to their stated terms.

Unless the applicable offer states otherwise:

  • an offer has no cash value;

  • an offer cannot be redeemed for cash;

  • an offer may not be sold or resold;

  • an offer may not be fraudulently reproduced;

  • an offer may not be combined with another promotion unless permitted by the merchant; and

  • a single-use offer becomes invalid after successful redemption.

A merchant may reasonably refuse an offer that is:

  • expired;

  • previously redeemed;

  • counterfeit;

  • materially altered;

  • fraudulently obtained;

  • duplicated in violation of these Terms; or

  • presented in violation of its stated restrictions.

9. Customer-Initiated Redemption

Certain offers may permit redemption directly from your phone or digital wallet.

You may be asked to select a “Redeem,” “Use Offer,” “Confirm Redemption,” or similar button.

Do not confirm redemption until you are ready to use the offer with the participating merchant.

Once you confirm a single-use redemption, the action may be irreversible.

A redeemed offer may immediately become invalid, display a redeemed status, change appearance, or otherwise become unavailable for further use.

We are not obligated to restore an offer that you intentionally or accidentally redeem before presenting it to the merchant, except where required by law or where the premature redemption resulted from a malfunction of our service.

10. Digital Wallet Passes

Offers may be provided through Apple Wallet, Google Wallet, or other third-party wallet technologies.

Wallet passes are promotional instruments only unless expressly stated otherwise.

They are not:

  • cash;

  • stored-value accounts;

  • bank accounts;

  • credit or debit instruments; or

  • gift cards.

Availability and functionality may depend on your device, operating system, browser, wallet provider, internet connection, or other technology outside our control.

We cannot guarantee compatibility with every device or wallet service.

Apple, Google, and other wallet providers are independent third parties and are not responsible for Mom & Pop San Diego offers unless expressly stated otherwise by them.

11. Phone and Email Verification

We may use telephone numbers or email addresses to:

  • authenticate users;

  • issue verification codes;

  • prevent duplicate claims;

  • prevent fraud;

  • deliver requested offers;

  • provide redemption confirmations; or

  • communicate important service information.

Standard carrier messaging and data rates may apply to SMS messages.

Providing a telephone number for a verification code does not by itself constitute consent to receive promotional text-message marketing from us.

If we offer marketing SMS communications, any consent required for those messages will be requested separately.

Email communications whose primary purpose is promotional will be handled in accordance with applicable marketing laws, including applicable unsubscribe requirements.

12. Offer Availability, Errors, and Withdrawal

We make reasonable efforts to ensure that published offers are accurate and available as described.

However, errors and circumstances outside our reasonable control may occur.

Before an offer is claimed, we or the participating merchant may modify, suspend, correct, or withdraw an offer.

For an offer that has already been validly claimed, we will not intentionally revoke it merely to avoid honoring the advertised promotion.

However, a claimed offer may be corrected, suspended, invalidated, or become unavailable where reasonably necessary because of:

  • fraud or abuse;

  • an obvious pricing or promotional error;

  • a technical malfunction;

  • merchant closure;

  • a merchant ceasing operations;

  • safety concerns;

  • illegality or regulatory requirements;

  • an offer being issued contrary to its intended eligibility restrictions;

  • impossibility of performance; or

  • circumstances outside reasonable control.

Nothing in this section limits rights that cannot legally be waived.

13. Merchant Failure to Honor an Offer

Participating merchants are expected to honor valid offers according to the terms presented to consumers.

If you believe a merchant improperly refused a valid offer, please contact us at:

hello@mompopsd.com

We may investigate and, in our discretion, contact the merchant, correct information, restore an offer where technically possible, remove the merchant from the platform, or take another appropriate action.

Mom & Pop San Diego does not guarantee that every dispute between a consumer and merchant will be resolved in the consumer's favor.

14. Merchant Products and Services

Mom & Pop San Diego does not control the day-to-day operations of participating merchants.

To the maximum extent permitted by law, we are not responsible for claims arising solely from a merchant's underlying goods or services, including:

  • food or beverage preparation;

  • allergens;

  • personal services;

  • beauty or wellness treatments;

  • professional services;

  • merchant negligence;

  • appointment cancellations;

  • inventory shortages; or

  • disputes concerning the quality of goods or services purchased from a merchant.

Nothing in these Terms limits liability that applicable law does not permit us to limit.

15. Accuracy of Information

We may receive business information, photographs, logos, descriptions, hours, offer terms, menus, prices, and other materials directly from participating merchants or third-party sources.

We make reasonable efforts to maintain accurate information but do not warrant that all information will always be complete, current, or error-free.

Business hours, prices, personnel, availability, and other merchant information may change.

16. Acceptable Use

You may not:

  • engage in fraudulent redemption;

  • reproduce unique coupon codes without authorization;

  • manipulate coupon or wallet-pass data;

  • attempt to bypass claim or redemption limits;

  • interfere with security features;

  • scrape the website using unauthorized automated systems;

  • introduce malware or malicious code;

  • gain unauthorized access to accounts, systems, or data;

  • impersonate another person;

  • infringe intellectual-property rights;

  • use the services to violate applicable law;

  • exploit errors or technical vulnerabilities to obtain unauthorized benefits; or

  • interfere with another person's use of the services.

We may investigate suspected misuse and may suspend or restrict access where reasonably necessary.

17. Intellectual Property

Except for merchant materials and third-party content, the website and services—including their design, branding, text, graphics, layouts, software, logos, databases, and original content—are owned by or licensed to PALM AND SOIL LLC.

Participating merchants retain ownership of their respective trademarks, logos, photographs, and other proprietary materials.

No license is granted to copy, reproduce, modify, distribute, sell, commercially exploit, or create derivative works from our proprietary content except as expressly authorized in writing.

18. Feedback

If you voluntarily provide suggestions, comments, ideas, or other feedback about Mom & Pop San Diego, you permit us to use that feedback without restriction or compensation to you, provided that doing so does not give us ownership of your personal information or preexisting intellectual property.

19. Third-Party Websites and Services

The services may contain links to:

  • merchant websites;

  • reservation platforms;

  • ordering services;

  • mapping services;

  • social-media sites;

  • digital-wallet providers;

  • payment processors; and

  • other third-party services.

We do not control those third parties.

Your use of third-party services may be governed by separate terms and privacy policies.

To the extent permitted by law, Mom & Pop San Diego is not responsible for third-party content, security practices, availability, or failures outside our reasonable control.

20. Privacy

Our collection, use, retention, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

Please review the Privacy Policy before providing personal information.

21. Service Availability

We may maintain, update, modify, suspend, or discontinue portions of the website or services from time to time.

We do not guarantee uninterrupted or error-free operation.

We are not responsible for temporary interruptions caused by maintenance, internet outages, hosting providers, digital-wallet providers, telecommunications providers, cyber incidents, or other circumstances outside our reasonable control.

22. Suspension and Termination

We may suspend, restrict, or terminate your access to some or all services where we reasonably believe it is necessary because of:

  • fraud;

  • security concerns;

  • abuse;

  • repeated violation of offer limitations;

  • violation of these Terms;

  • legal requirements; or

  • conduct that threatens the service or other users.

Where reasonably practical, restrictions will be proportionate to the conduct involved.

23. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, the website and services are provided on an “AS IS” and “AS AVAILABLE” basis.

We do not warrant that:

  • the services will be uninterrupted or error-free;

  • every offer will remain available;

  • every merchant will remain open;

  • every device will support every digital feature;

  • a particular offer will produce a particular amount of savings; or

  • a merchant's goods or services will meet your expectations.

To the maximum extent permitted by applicable law, we disclaim implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

This disclaimer does not exclude any warranty or consumer right that cannot lawfully be excluded.

24. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PALM AND SOIL LLC and its members, managers, officers, employees, contractors, and agents will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages arising from or relating to the services, including lost profits, lost data, loss of opportunity, or business interruption.

To the maximum extent permitted by law, our aggregate liability for claims arising from or relating to the consumer-facing services will not exceed the greater of:

(a) the amount you paid directly to Mom & Pop San Diego for the service giving rise to the claim during the twelve months before the event giving rise to liability; or
(b) $100.

Because consumers generally do not pay Mom & Pop San Diego to access offers, subsection (b) will ordinarily apply.

These limitations do not apply to liability that cannot lawfully be excluded or limited, including where applicable liability for fraud, willful misconduct, or other liability that applicable law makes non-waivable.

25. Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless PALM AND SOIL LLC, doing business as Mom & Pop San Diego, and its members, managers, officers, employees, contractors, agents, affiliates, successors, and assigns (collectively, the “Indemnified Parties”) from and against any third-party claims, demands, actions, proceedings, liabilities, damages, judgments, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:

  • your misuse or unauthorized use of the Services or any offer, coupon, promotional code, or digital wallet pass;

  • your violation of these Terms;

  • your violation of applicable law;

  • your infringement, misappropriation, or violation of any intellectual property, privacy, publicity, or other rights of any third party;

  • your manipulation, duplication, resale, unauthorized transfer, circumvention, or fraudulent claiming or redemption of any offer, coupon, code, or wallet pass;

  • any fraudulent, abusive, deceptive, or unlawful conduct by you in connection with the Services; or

  • any content, information, or materials you submit, transmit, or otherwise provide through the Services.

This indemnification obligation shall not apply to the extent a claim is caused by the gross negligence, willful misconduct, or fraud of an Indemnified Party, or to the extent indemnification is prohibited by applicable law.

Mom & Pop San Diego reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If we exercise that right, you agree to reasonably cooperate with our defense. You may not settle any claim subject to indemnification in a manner that imposes liability, obligations, admissions, or restrictions on an Indemnified Party without our prior written consent.

26. Electronic Communications

You agree that we may provide service-related notices electronically where permitted by law.

Electronic communications may include:

  • verification codes;

  • claim confirmations;

  • redemption confirmations;

  • security alerts;

  • updates to an offer you claimed; and

  • notices relating to your use of the services.

Consent to receive necessary transactional communications is separate from consent to receive promotional marketing where separate consent is required by law.

27. Informal Dispute Resolution

Before commencing arbitration, either party must first make a good-faith effort to resolve the dispute informally.

A notice to Mom & Pop San Diego should be sent to:

hello@mompopsd.com

with the subject line:

LEGAL DISPUTE NOTICE

The notice should include:

  • your name;

  • the email address or telephone number associated with the relevant offer;

  • a description of the dispute;

  • the relevant merchant or offer, if applicable; and

  • the relief you are requesting.

We will have 30 days after receipt to attempt to resolve the matter informally.

If we have a dispute with you, we will use reasonably available contact information to provide a comparable notice.

Either party may commence arbitration after the 30-day period if the dispute remains unresolved.

This informal process does not prevent either party from seeking temporary relief where necessary to prevent imminent harm, and applicable limitation periods will be treated as required by applicable law.

28. Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY. ARBITRATION AFFECTS YOUR LEGAL RIGHTS.

Except for matters specifically excluded below, any dispute, claim, or controversy arising out of or relating to these Terms, the website, an offer, or the consumer-facing services that cannot be resolved informally will be resolved through binding individual arbitration administered by the American Arbitration Association (“AAA”) under its applicable Consumer Arbitration Rules then in effect.

The arbitration agreement is governed by the Federal Arbitration Act.

The arbitrator may award the same individual remedies that would otherwise be available in court, subject to applicable law and these Terms.

AAA's consumer rules limit consumer costs and assign other arbitration costs according to AAA rules and applicable law.

Small Claims Court

Either party may bring an eligible individual claim in small claims court instead of arbitration.

Individual Proceedings

To the extent permitted by law, arbitration will proceed only on an individual basis.

Neither party may seek to have a dispute arbitrated as a class, collective, consolidated, or representative proceeding except where applicable law provides a non-waivable right.

Public Injunctive Relief

Nothing in these Terms waives your right to seek public injunctive relief where applicable law prohibits such a waiver.

If applicable law requires a claim for public injunctive relief to be heard in court rather than arbitration, that request may be heard by a court of competent jurisdiction in the manner required by law.

Arbitration Opt-Out

You may opt out of this Arbitration Agreement by sending us written notice within 30 days after the first date on which you affirmatively accept these Terms.

Send the notice to:

hello@mompopsd.com

with the subject:

ARBITRATION OPT-OUT

Include your name and the email address or mobile telephone number you used with the service so we can identify the opt-out.

Opting out of arbitration will not affect your ability to use Mom & Pop San Diego.

29. Governing Law

Except to the extent governed by the Federal Arbitration Act or preempted by federal law, these Terms are governed by the laws of the State of California, without regard to conflict-of-law principles.

For a dispute that is not subject to arbitration, the parties consent to the jurisdiction of the appropriate state or federal courts located in San Diego County, California, except where applicable consumer law permits or requires another forum.

30. Changes to These Terms

We may revise these Terms from time to time.

The current version will identify its effective or “Last Updated” date.

Material changes will apply prospectively.

Where required by law, we will provide additional notice or request renewed consent.

A modification to these Terms will not retroactively alter the rules governing a dispute that arose before the modification where doing so would be prohibited by law.

31. Severability

If any provision of these Terms is held invalid or unenforceable, it will be enforced to the maximum extent permitted by law or severed if necessary.

The remaining provisions will continue in effect.

If a portion of the Arbitration Agreement is unenforceable, the effect of that determination will be governed by applicable law and the remaining enforceable provisions.

32. No Waiver

Failure by either party to enforce a provision of these Terms does not waive the right to enforce that provision later.

33. Assignment

You may not assign your rights or obligations under these Terms without our written consent.

We may assign these Terms in connection with a merger, reorganization, financing, sale of assets, acquisition, or transfer of the Mom & Pop San Diego business, subject to applicable law.

34. Survival

Provisions that by their nature should survive termination—including provisions concerning intellectual property, liability, dispute resolution, and accrued rights—will survive termination of these Terms.

35. Entire Agreement

These Terms, our Privacy Policy, and any applicable offer-specific terms constitute the agreement between you and Mom & Pop San Diego concerning your use of the consumer-facing services.

Separate advertising or merchant agreements between PALM AND SOIL LLC and participating businesses are not part of these consumer Terms.

36. Contact Information

PALM AND SOIL LLC
Doing business as Mom & Pop San Diego

Email: hello@mompopsd.com

Mailing Address:

PO Box 9291
Rancho Santa Fe, CA 92067
United States