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Terms of Use Agreement
Read This Terms of Use Agreement Before Accessing the Coupon Cactus Website.
Effective Date : This Terms of Use Agreement was last updated on January 3, 2007.
This Terms of Use Agreement sets forth the standards of use of the Coupon Cactus Online Service ("Service") wholly owned by Coupon Cactus, LLC ("Coupon Cactus"), a New Jersey Limited Liability Company. By using the www.CouponCactus.com website you ("The User") agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted on the www.CouponCactus.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
| 1. You must be over 18 to agree to this agreement and use this site |
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This Agreement must be thoroughly reviewed and agreed to by a person over 18. If you are not yet 18, if you are easily offended, or you are accessing this site from any country where material on this site is prohibited or illegal, please leave now as you do not have permission to access this site. |
| 2. Description of Service |
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Coupon Cactus is providing The User with access to the www.CouponCactus.com website. The User must provide (1) all equipment necessary for their own internet connection, including computer and modem and (2) provide for The User's access to the internet, and (3) pay any fees that relate with such connection. |
| 3. Use of Online Coupons |
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Coupon Cactus utilizes commission based affiliate marketing provided by our affiliate network partners and affiliate merchant partners (referred to herein as "Merchants"). Coupon Cactus provides online coupons, special offers, free offers, discount offers, coupon codes, promo codes, promotion codes, promotional codes, and discount codes as a free service to its users. Coupon Cactus is not responsible for the accuracy, successful redemption, errors, omissions, or expiration of online coupons or coupon codes and it is The User's responsibility to verify that any discount offer, special offer, free offer, or promotion is reflected during checkout for the order in which it is contained. All offers and promotions on Coupon Cactus are subject to change at any time without notice. Coupon Cactus has no control over the legality of any coupons or other offers made by Merchants, the ability of any of the Merchants to complete the order in accordance with the offer, or the quality of the goods and/or services provided by any Merchant to comply with the offer. Coupon Cactus has no control over whether a Merchant will honor their offer displayed on the Coupon Cactus website and does not guarantee the accuracy or completeness of the offers on the Coupon Cactus website. In the event The User has a dispute with one or more Merchants over anything relating to or displayed on the Coupon Cactus website, The User agrees to waive and release Coupon Cactus from any and all claims, demands, actions, damages (actual and consequential), losses, costs, or expenses of any kind and nature, known and unknown, disclosed and undisclosed relating to that dispute. |
| 4. Coupon Cactus Membership to Earn Cash Back and/or Commissions |
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As a user of the Coupon Cactus website, you have the option to become a Coupon Cactus Member (referred to herein as "Member"). Membership gives the Member the opportunity to utilize our Cash Back & Commission Program (referred to herein as "Program") to earn cash back on his/her own personal purchases as well as commissions on the purchases of those members whom the Member has referred to, and whom have signed up for Membership with, Coupon Cactus (herein collectively referred to as "Cactus Cash"). Cactus Cash is paid by Coupon Cactus and is separate from, and in addition to, online coupons and coupon codes displayed on the Coupon Cactus website which are discounted from orders processed by Merchants. This section describes how the Program works, the rights and responsibilities of The User, and rights and responsibilities of Coupon Cactus with respect to the Program. |
| a. The Program |
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The Program allows Members to shop at Participating Merchant Online Stores (herein referred to as "Participating Merchants") and earn Cactus Cash on non-restricted items. This is a free service to our Members and Members are under no obligation to participate or redeem cash back or commissions. Cactus Cash is earned when a member makes a qualifying online purchase from a Participating Merchant whose site was accessed through a link on the Coupon Cactus website. Some Participating Merchants have additional requirements and/or restrictions which can be viewed on the Store's profile page on the Coupon Cactus website. You can access any store's profile page by clicking on their store name on the "By Store" tab on the Coupon Cactus homepage. |
| b. Cactus Cash Eligibility |
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The Member must make a qualifying purchase on a Participating Merchant's website through a link on the Coupon Cactus website. In order to do this you must satisfy at least the following:
• Be 18 years of age or older
• Reside in the USA
• Have "Cookies" enabled on your web browser
• Login to the Coupon Cactus website with your own email address or go directly to your Cactus Page of which the url has been provided to you in your membership welcome email
• Click on a "Redeem Coupon" button or homepage link for a Participating Merchant Add non-restricted item(s) to your shopping cart
• Checkout to complete your transaction
The determination of whether or not a purchase made through a Participating Merchant qualifies for Cactus Cash is at the discretion of Coupon Cactus and the Participating Merchant. Coupon Cactus is not responsible for purchase tracking problems resulting from, but not limited to, the incorrect usage of the Coupon Cactus website, disabling "cookies" on your web browser, computer problems, errors or omissions by a Participating Merchant, or any other reason for the disruption of purchase tracking. |
| c. Member Account |
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Upon completion of the member registration process an account will be set up for you on the Coupon Cactus website for all Cactus Cash that you earn. Coupon Cactus pays Cactus Cash on a quarterly basis. The dates covered by each quarter and their respective check processing dates are as follows:
| Quarter# |
Purchases Posted Within |
Your Check Mailed on |
| Quarter 1 |
January 1 - March 31 |
May 15 |
| Quarter 2 |
April 1 - June 30 |
August 15 |
| Quarter 3 |
July 1 - September 30 |
November 15 |
| Quarter 4 |
October 1 - December 31 |
February 15 |
If the balance in your account at the end of the quarter is less than $10 then payment will be postponed and the balance will stay in your account and carry over into the next quarter. At present, printed checks are our current form of payment. You can view your account by logging in and choosing the Cash Dashboard tab in the Member Control Panel.
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| d. Account Adjustments |
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Your Member Account is subject to adjustments for, but not limited to, returns and cancellations of full or partial orders and the receipt of information pertaining to said returns or cancellations from Participating Merchants. Coupon Cactus reserves the right to make adjustments to Member Accounts at any time for any reason. If you are in disagreement with any adjustments made to your account your sole remedy is to discontinue use of the Coupon Cactus website and all services it provides and any balance remaining in your account will be paid on the next scheduled quarterly payment date. Coupon Cactus is not responsible for the withdrawal or termination of any Participating Merchants or the effect on Cactus Cash accrual within Member Accounts resulting thereof. |
| e. Termination of Program |
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Coupon Cactus reserves the right to terminate the Program in part or in whole at any time without notice. In the event that the Program is terminated, payment for the remaining balance in Members' accounts will be made on the next scheduled quarterly payment date. |
| f. Responsibilities |
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Members are responsible for maintaining accurate profile account information at all times including a valid email address and valid payment address. Members are responsible for keeping their passwords and all other information about their Coupon Cactus account confidential. Coupon Cactus is entitled to act on instructions conveyed by any User utilizing your username and password. Coupon Cactus is not responsible for any change of account information or any credit or debit made to your account by someone other than you who uses your username and password. Coupon Cactus is not responsible for any losses or liabilities incurred through the use of your account by an authorized or unauthorized third party. Members are responsible for regularly reviewing their account balances to verify their accuracy and that all Cactus Cash has been appropriately posted. If a Member finds a discrepancy in his/her account then Coupon Cactus must be notified within 90 days of the order date to ensure we can resolve the issue. If Coupon Cactus is not notified within said time then the order shall be deemed accurate and the Member hereby waives any rights to dispute said order. |
| g. Cactus Cash |
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Cactus Cash may not be assigned or transferred to any third party except if given permission in writing from a Coupon Cactus officer. The sale, transfer, lending, exchange, pooling, or barter of any Cactus Cash in your Coupon Cactus account is expressly prohibited. Any Cactus Cash transferred to a third party in any way is in violation of this Agreement and said Cactus Cash may be confiscated or cancelled. Cactus Cash has no cash value until it is deducted from your Cactus Account for payment to you. |
| 5. Disclaimer of Warranties |
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The site is provided by Coupon Cactus on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, Coupon Cactus makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Coupon Cactus shall have no liability for any interruptions in the use of this Website. Coupon Cactus disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable. |
| 6. Limitation of Liability |
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COUPON CACTUS SHALL NOT be liable for any damages whatsoever, and in particular COUPON CACTUS shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if COUPON CACTUS has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE. |
| 7. Indemnification |
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The User agrees to indemnify and hold Coupon Cactus, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of The User's use of the Service, the violation of this Agreement, or infringement by The User, or other user of the Service using The User's computer, of any intellectual property or any other right of any person or entity. |
| 8. Modifications and Interruption to Service |
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Coupon Cactus reserves the right to modify or discontinue the Coupon Cactus Service with or without notice to The User. Coupon Cactus shall not be liable to The User or any third party should Coupon Cactus exercise its right to modify or discontinue the Service. The User acknowledges and accepts that Coupon Cactus does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control. |
| 9. Third-Party Sites |
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Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of their respective sites, and we are not responsible therein. We encourage The User to review said privacy policies of third-parties' sites. |
| 10. Disclaimer Regarding Accuracy of Vendor Information |
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Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Coupon Cactus makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
Coupon Cactus makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk. |
| 11. Governing Jurisdiction of the Courts of New Jersey , USA |
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Our website is operated and provided in the State of New Jersey . As such, we are subject to the laws of the State New Jersey, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of New Jersey . |
| 12. Compliance with Laws |
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The User assumes all knowledge of applicable law and is responsible for compliance with any such laws. The User may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. The User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation. |
| 13. Copyright and Trademark Information |
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All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2006 - 2007 www.CouponCactus.com with all rights reserved, or is the property of Coupon Cactus and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Coupon Cactus is strictly prohibited. The User agrees to not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Coupon Cactus.
Coupon CactusT and www.CouponCactus.comT are proprietary marks of www.CouponCactus.com. Coupon Cactus' trademarks may not be used in connection with any product or service that is not provided by Coupon Cactus, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Coupon Cactus.
All other trademarks displayed on Coupon Cactus' website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Coupon Cactus. |
| 14. Notification of Claimed Copyright Infringement |
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Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, www.CouponCactus.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
| By Mail: |
Scott Fitterman
President & CEO
Coupon Cactus, LLC
56 Carletondale Rd.
Ringwood , NJ 07456 |
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| By Email: |
Feedback@CouponCactus.com |
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| 15. Botnets |
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Coupon Cactus retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Coupon Cactus reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion. |
| 16. Other Terms |
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If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Coupon Cactus, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as The User. The User agrees that by accepting this Terms of Use Agreement, The User is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement. |
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