COOLCASHBACK.COM WEBSITE TERMS OF USE

This is a legal document and comprises an Agreement between you, the user, and Coolcashback.com. You must agree to be bound by the terms and conditions contained herein in order to use this web site for any private or commercial usage. 

By using this site in any fashion, you signify your Assent and Agreement to these Terms of Use. You will also be requested to specifically agree to the terms and conditions of this Agreement prior to your being allowed to register as a user and program participant of Coolcashback.com.

Copyrights

The contents contained in Coolcashback.com are protected by United States Copyright law and trademark law, various other intellectual property laws, and various international treaties. All rights are reserved. Text, graphics, design, databases, collections of links, HTML code, scripts and all products sold and services offered are protected by US and International Copyright Laws and Treaties, and may not be copied, reprinted, published, reengineered, decompiled, translated, hosted, or otherwise distributed by any means without explicit written permission.

Liability

The materials and programs offered at this site are provided "as is" and without warranties of any kind either express or implied. This site and the owner thereto disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. This site and the owner thereto do not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. No warranty warrant or make any representations regarding the use or the regarding the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, risk of injury to your computer or otherwise.  Applicable law may not allow the exclusion of implied warranties, so such exclusions may not apply to you.

Under no circumstances, including, but not limited to, negligence, shall the owner and operators of this site be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if you have advised the owner or operator of the possibility of such damages. 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. In no event shall the owner of this site or the operator of this site’s total liability to you for all damages, losses, and causes of action (whether in contract, tort, including but not limited to, negligence or otherwise) exceed the amount of One Hundred Dollars ($100).

You agree to hold Coolcashback.com, its employees, directors, officers, investors, partners, affiliates and advertisers harmless from any civil claim of any nature regarding your membership to this site or any of the programs or offerings contained in this site.

Links and Marks

The owner of this site is not necessarily affiliated with sites that may be linked to this site and is not responsible for their content. The linked sites are for your convenience only and you access them at your own risk. Links to other websites or references to products, services or publications other than those belonging to the owner, publisher, operator of this site and its subsidiaries and affiliates at this website, do not imply the endorsement or approval of such websites, products, services or publications by Coolcashback.com.  We are not responsible for the privacy policies of those sites that we link to. Please review the privacy policies of all sites that you visit immediately upon leaving this site and please be aware of when you have left this site.

Certain names, graphics, logos, icons, designs, words, titles or phrases at this website may constitute trade names, trademarks or service marks of belonging to the owner of this site or of other entities. The display of trademarks on this website does not imply that a license of any kind has been granted. Any unauthorized downloading, re-transmission, or other copying of modification of trademarks and/or the contents herein may be a violation of federal common law trademark and/or copyright laws and could subject the copier to legal action.

You agree to refrain from making or publishing any disparaging remarks about Coolcashback.com or it’s officers, directors, investors, employees, partners, contractors and affiliates.

Confidentiality of Codes, Passwords and Information

You agree to treat as strictly private and confidential any user ID and related password which you may have received relevant to this web site and all information to which you have access through password-protected areas and will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person whatsoever.  You are solely responsible for the security of your password.

 Guidelines

If Coolcashback.com posts guidelines concerning user and program participant  behavior and rules of conduct, you must obey such guidelines of behavior, and any such guidelines are hereby incorporated by reference into this Agreement as if fully set forth herein.

Affiliate Programs

You must be at least 18 to participate in any Coolcashback.com affiliate program.  Your membership in any such program is as an individual member.  You are not allowed to work in tandem with other members to game the affiliate program or otherwise create an unfair advantage over other members of the program. You are not allowed to use scripts, programs, robots or any automated devices to obtain false, fraudulent or unfair advantages over your fellow program members or Coolcashback.com.  You may not use bulk unsolicited email (Spam) to promote your affiliate membership. You must not violate any law or regulation of any nature regarding your affiliate membership. You must read and agree to follow the following: 'Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003', or the 'CAN-SPAM Act of 2003'. The practice of spamming and/or infringement of the Can-Spam Act of 2003 is a violation of our rules, and we will take action at its sole discretion against Affiliates engaging in spamming or non-compliant mailings. In the event investigation reveals that spamming did occur, Coolcashback.com may at its option, terminate the Affiliate's account in accordance with our termination policy.

All commission and referral payments shall be made pursuant to our posted guidelines on our site and we incorporate these by reference as if fully set forth herein.

 Coolcashback.com will cooperate with law enforcement regarding the criminal prosecution of any violation of these rules or any law. All Coolcashback.com programs require that you provide your own access to the Internet.  All Coolcashback.com programs are limited to appearing or broadcast or publication exclusively on the Coolcashback.com web site.

Please take special care when linking to our site so that we can ensure proper reporting for all our Affiliates and make sure you read and follow all posted guidelines and rules regarding all of our programs so that you do not violate any such guidelines. Any guidelines or rules of conduct posted on our site are hereby incorporated by reference herein as if fully set forth herein.

Upon notification of your acceptance into our Affiliate Program (or any other program) and during the period of your authorized participation, you may identify yourself as an Affiliate Program (or relevant program member) participant and may post our banner ads or links on your site. You and Coolcashback.com are independent contractors, and nothing in this agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You will have no authority to make or accept any offers or representations on our behalf. You may not in any manner misrepresent the relationship between us and Coolcashback.com or express or imply any relationship or affiliation between Coolcashback.com and you or any other person or entity except as expressly permitted by this Agreement.

You will be solely responsible for the development, operation, and maintenance of your affiliate business at your sole cost and expense and for all materials that appear on your personal or business web site. You may not promote your affiliate business through the use of any illegal, pornographic, misleading, obscene or indecent content.

Earned “Cash back.”

Site members may earn discounts in the form of “cash back” for all qualified purchases. The amount of each discount will be published on our web site. All payments will be rendered after Coolcashback.com has determined that each purchase was authorized and not conducted via fraud, such as with a stolen credit card number. The minimum amount of time for Coolcashback.com to determine that the purchase was a lawful purchase is 120 days.

Any “charge backs” regarding purchases, that is, disallowed credit card purchases that have been cancelled by a credit card provider, shall be deducted from your “Cash back” balance.

All payments issued to members must be sent to a valid street address, not a post office box. All payments must be sent to an address within the United States of America. You must provide Coolcashback.com with a valid telephone number, your real name, and your home or business address. You must have a valid email address and it cannot be an address provided by Hotmail.com or similar email providers.

“Cash back” payments will not be issued to members if we believe you have earned our “Cash back” amounts pursuant to any violation of the law, misleading activities, fraud, misrepresentation or any activity that “games” our “Cash back” system.

You must follow all posted rules and guidelines on our site about our Cash Back program and we incorporate them by reference into this Agreement as if fully set forth herein.

All accounting of money earned by you shall be performed by Coolcashback.com or an auditor in our employ or contracted to us, and our accounting shall be final and shall not be subject to any challenge by you. You agree that you are not allowed to provide for an individual accounting even if paid for by you.

You waive any right to be represented in a class action suit or be a member of a class action suit against Coolcashback.com.

Any returned check that we send you that is returned as undeliverable that was properly addressed by Coolcashback.com by the United States Post Office shall be treated as your permanent refusal to accept the same and you agree to relinquish any claim to the amount of the check that we have attempted to send you.

Cancellation of Programs

Coolcashback.com may cancel or discontinue any or all of our programs at any time without notice to you.

Privacy Policy

Coolcashback.com respects your privacy. You agree that we may share your personal information with any law enforcement official who is investigation any violation of the law regarding your membership and any and all of our partners, affiliates and advertisers. From time to time we may send you important announcements of various products or services via email. Should you refuse to receive such emails we will cancel your membership at Coolcashback.com

Termination or Modification of this Agreement

Either you or Coolcashback.com may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Coolcashback.com may modify any of the terms and conditions contained in this Agreement at any time by email notice to you. If any modification is unacceptable to you, your only recourse is to terminate this agreement. Your continued participation following receipt of a change notice shall constitute binding acceptance of the change.

Coolcashback.com may change, suspend or discontinue any aspect of this Agreement or the Service, including the availability of any service feature, database, or other content. We also reserve the right to modify any portion of this Agreement.

If any portion of this agreement or any future modifications to this agreement are unacceptable to the affiliate, or cause the affiliate to no longer be in compliance with the affiliate agreement, the affiliate or Coolcashback.com may cancel the agreement. An Affiliate's continued use of the service constitutes a binding acceptance by the affiliate.

Miscellaneous

These Terms of Use will apply each and every time you access this web site or refer someone to this site. The owner and publisher of this site reserve the right to issue revisions to these Terms of Use by publishing a revised version of this document on this site: that version will then apply to all use by you following the date of publication. Each viewing and access of information by you of any element of this site will be a separate, discrete transaction based on the then prevailing terms. You are urged to read this document each and every time you return to this web site.

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of Colorado, as it is applied to agreements entered into and to be performed entirely within such jurisdiction.

To the extent you have in any manner violated or threatened to violate any intellectual property rights relevant to elements published on this site, the intellectual property owners of said rights may seek injunctive or other appropriate relief in any state or federal court in the State of Colorado and you consent to exclusive jurisdiction and venue in such courts. You hereby agree that should you be found liable for any infringement of any intellectual property right, right of privacy, right of publicity, “spam” related email violations of code, regulation or law, or any civil or regulatory violation of any nature, you will pay for all attorney’s fees accrued by the party(s) who has brought any such action against you.

Any other disputes will be resolved as follows:

If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator with mediation to take place in our offices.   Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us. Your transportation and housing costs while in Highlands Ranch, CO will be solely borne by you.  All mediation must take place in person in our offices or at any other mutually agreed upon location.  If we cannot agree on a specific mediator, you agree that the American Arbitration Association will appoint one.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration in the Coolcashback.com offices or a mutually agreed upon location near under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.  If all parties agree on the selection of an arbitrator from the list of available arbitrators provided by the American Arbitration Association the parties will use the services of that particular arbitrator. If such an agreement cannot be made within one week of a written request by you to attend mediation then the American Arbitration Association will appoint an arbitrator. You agree that the prevailing party will be awarded attorney’s fees and all actual costs of mediation.

If any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall remain in full force and effect.