Terms of Use Agreement
(Last updated on June 11, 2007)
This Terms of Use Agreement sets forth the standards of use of the CashBackSaver.com
Online Service. By using the CashBackSaver.com website you (the “Member”)
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 at CashBackSaver.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. Description of Service
CashBackSaver.com is providing Member with CashBackSaver.com. Member must provide
(1) all equipment necessary for their own Internet connection, including computer
and modem and (2) provide for Member’s access to the Internet, and (3) pay
any fees relate with such connection.
2. Disclaimer of Warranties.
The site is provided by CashBackSaver.com on an “as is” and on an “as
available” basis. To the fullest extent permitted by applicable law, CashBackSaver.com
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. CashBackSaver.com shall have no liability for any interruptions in
the use of this Website. CashBackSaver.com 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.
3. Limitation of Liability
CashBackSaver.com SHALL NOT be liable for any damages whatsoever,
and in particular CashBackSaver.com 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 CashBackSaver.com
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 IS INAPPLICABLE.
4. Indemnification
Member agrees to indemnify and hold CashBackSaver.com, 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 Member’s use of the Service, the violation of this Agreement, or infringement
by Member, or other user of the Service using Member’s computer, of any intellectual
property or any other right of any person or entity.
5. Modifications and Interruption to Service
CashBackSaver.com reserves the right to modify or discontinue the Service with or
without notice to the Member. CashBackSaver.com shall not be liable to Member or
any third party should CashBackSaver.com exercise its right to modify or discontinue
the Service. Member acknowledges and accepts that CashBackSaver.com 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.
6. 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
and privacy policies of each site, and we are not responsible therein. We encourage
all Members to review said privacy policies of third-parties’ sites.
7. 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 CashBackSaver.com 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.
CashBackSaver.com 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.
8. Governing Jurisdiction of the Courts of Texas
Our website is operated and provided in the State of Texas. As such, we are subject
to the laws of the State of Texas, 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 Texas.
9. Compliance with Laws
Member assumes all knowledge of applicable law and is responsible for compliance
with any such laws. Member may not use the Service in any way that violates applicable
state, federal, or international laws, regulations or other government requirements.
Member 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.
10. 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 ©2005 CashBackSaver.com,
with all rights reserved, or is the property of CashBackSaver.com 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 CashBackSaver.com is strictly prohibited. Members agree that they will
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 CashBackSaver.com.
CashBackSaver.com ™ and CashBackSaver.com ™ are proprietary marks of
CashBackSaver.com. CashBackSaver.com’s trademarks may not be used in connection
with any product or service that is not provided by CashBackSaver.com, in any manner
that is likely to cause confusion among customers, or in any manner that disparages
or discredits CashBackSaver.com.
All other trademarks displayed on CashBackSaver.com’s 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 CashBackSaver.com.
11. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the
Digital Millennium Copyright Act, CashBackSaver.com designates the following individual
as its agent for receipt of notifications of claimed copyright infringement.
By Mail
6 Collinway Place
Dallas, TX 75230
By Telephone: 972-726-9595
By Email:
info@cashbacksaver.com
12. Botnets
CashBackSaver.com 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, CashBackSaver.com reserves the right to direct the
involved hostnames to a honeypot, loopback address, logging facility, or any other
destination at our discretion.
13. 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 CashBackSaver.com, 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 a Member. Member agrees that by
accepting this Terms of Use Agreement, Member is consenting to the use and disclosure
of their personally identifiable information and other practices described in our
Privacy Policy Statement.