Terms of Use Agreement

Read This Terms of Use Agreement Before Accessing the CouponCactus.com Website.



Effective Date: This Terms of Use Agreement was last updated on September 24, 2014.


This Terms of Use Agreement sets forth the standards of use of the Coupon Cactus Online Service (referred to herein as "CouponCactus.com") wholly owned by Coupon Cactus LLC (referred to herein as "Coupon Cactus"), a New Jersey Limited Liability Company. By using CouponCactus.com you (also referred to herein as "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 CouponCactus.com. Your continued use of CouponCactus.com 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
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 CouponCactus.com
Coupon Cactus is providing The User with access to the 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. Affiliate Marketing, Endorsements & Testimonials
Coupon Cactus is an affiliate marketing company and a source of its revenue is affiliate commissions. The merchants we display on our site, in our blog, or through social networks, pay Coupon Cactus for the traffic we drive to them which results in sales. Any endorsement or testimonial found on this site should be considered and weighed with the fact that the endorsed merchant is most likely paying us in one form or another.

4. Solicitation in the State of New Jersey
Coupon Cactus does not perform any solicitation activities in the State of New Jersey that specifically seek to target or refer potential customers who are New Jersey state residents to any of the merchants (or their affiliates or subsidiaries) on CouponCactus.com. This includes, but is not limited to, distributing flyers or any printed promotional materials or their electronic equivalents, in-person solicitation, initiating telephone calls, or sending e-mails. All emails to Coupon Cactus members are for informational purposes only and are not meant as a solicitation.

5. Use of Online Coupons
Coupon Cactus utilizes commission based affiliate marketing provided by our affiliate network partners (referred to herein as "Networks") and affiliate merchant partners (referred to herein as "Merchants"). Coupon Cactus provides online coupons and information on deals and sales 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 is reflected during checkout for the order in which it is contained. All offers and promotions on CouponCactus.com 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 its offer displayed on CouponCactus.com and does not guarantee the accuracy or completeness of the offers on CouponCactus.com. In the event The User has a dispute with one or more Merchants over anything relating to or displayed on CouponCactus.com, 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.

6. CouponCactus.com Membership to Earn Cash Back
As a user of CouponCactus.com, you have the option to become a CouponCactus.com Member (referred to herein as "Member"). Membership gives the Member the opportunity to utilize our Cash Back Program (referred to herein as "Program") to earn cash back on his/her own personal purchases as well as cash back on the purchases of those members whom the Member has referred to, and whom have signed up for Membership with, CouponCactus.com. Cash back is paid by Coupon Cactus and is separate from, and in addition to, online coupons and coupon codes displayed on CouponCactus.com 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
The Program allows Members to earn cash back while doing business with Merchants. This is a free service to our Members and Members are under no obligation to participate or earn cash back. Cash back is earned when a Member partakes in a qualifying transaction with a Merchant whose site was accessed through CouponCactus.com. Some Participating Merchants have additional requirements and/or restrictions which can be viewed on the Merchant's page on CouponCactus.com. You can access any Merchant's page by clicking on its name on the "Stores" tab on the CouponCactus.com homepage.

b. Cash Back Eligibility
In order for a transaction to be eligible for cash back, you must satisfy at least the following:

* Be 18 years of age or older
* Have "Cookies" enabled on your web browser
* Login to CouponCactus.com with your login credentials prior to clicking a link
* Click a "Redeem Coupon" button or other link for a Merchant
* Partake in a qualifying transaction with the Merchant without violating any restrictions
* Checkout or otherwise complete your transaction
* Not have clicked a link on any other affiliate website after clicking ours, overriding our cookie
* If coupon button or link goes to an error page or somewhere other than the intended merchant then the order is not eligible for cash back

The determination of whether or not a purchase made through a Merchant qualifies for Cash back is at the discretion of Coupon Cactus and the Merchant. Please see our FAQ for additional reasons cash back for an order might be invalid. Coupon Cactus is not responsible for purchase tracking problems resulting from, but not limited to, the incorrect usage of CouponCactus.com, disabling "cookies" on your web browser, computer problems, errors or omissions by a Merchant, or any other reason for the disruption of purchase tracking.

c. CouponCactus.com Member Account
Upon completion of the member registration process an account will be set up for you on CouponCactus.com for all cash back that you earn. Coupon Cactus pays cash back 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 a payday lands on a weekend or holiday then it will be postponed to the first non-holiday weekday thereafter.

If the balance in your account at the end of the quarter is less than $10.00 then payment will be postponed and the balance will stay in your account and carry over into the next quarter. At present, printed checks and Paypal are our current forms of payment. You can view your account balances by logging in and clicking My Account.

Any cash back payments via check that are not deposited, or via Paypal that are not accepted, within two years from date of payment will be forfeited.

All cash back payments are made in USD, official currency of the United States.

d. Account Adjustments
Your CouponCactus.com 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 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 CouponCactus.com and all services it provides and any balance remaining in your account will be paid on the next scheduled payment date. Coupon Cactus is not responsible for the withdrawal or termination of any Merchants or the effect on cash back accrual within Member Accounts resulting thereof.

e. Termination of Program
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
Members are responsible for maintaining accurate profile account information at all times including a valid email address and valid payment information. Members are responsible for keeping their passwords and all other information about their CouponCactus.com Account confidential. Coupon Cactus is entitled to act on instructions conveyed by any User utilizing his/her 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 cash back 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. Cash Back
Cash back 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 cash back in your CouponCactus.com Account is expressly prohibited. Any cash back transferred to a third party in any way is in violation of this Agreement and said cash back may be confiscated or cancelled. Cash back has no cash value until it is deducted from your CouponCactus.com Account for payment to you.

h. Referrals
If The User's CouponCactus.com Member Number is credited as referring a new member to CouponCactus.com when the new member registers for his/her own account, The User will earn a bonus equal to 25% of the cash back the new member earns for the life of the account. Members are not allowed to claim referrals on other accounts they open themselves, accounts opened by members living in the same physical location, or accounts that have the same Paypal account as their payment method. Coupon Cactus reserves the right to break the referral connection between two accounts for any reason stated above or for any other reason violating the spirit of the referral program.


7. Disclaimer of Warranties
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.

8. Limitation of Liability
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.

9. Indemnification
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 CouponCactus.com, the violation of this Agreement, or infringement by The User, or other user of CouponCactus.com using The User's computer, of any intellectual property or any other right of any person or entity.

10. Modifications and Interruption to CouponCactus.com
Coupon Cactus reserves the right to modify or discontinue CouponCactus.com 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 CouponCactus.com. 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.

11. Third-Party Sites
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 agreements 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.

12. Disclaimer Regarding Accuracy of Vendor Information
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.

13. Governing Jurisdiction of the Courts of New Jersey, USA
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 Agreement, 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.

14. Compliance with Laws
The User assumes all knowledge of applicable law and is responsible for compliance with any such laws. The User may not use CouponCactus.com 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.

15. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2006 – 2014 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 Cactus™ and CouponCactus.com™ are proprietary marks of 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.

16. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, CouponCactus.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

By Mail: Scott Fitterman
Co-Owner
Coupon Cactus LLC
56 Carletondale Rd.
Ringwood, NJ 07456

By Email: CustomerService@CouponCactus.com

17. Botnets
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.

18. Other Terms
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 above.
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