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Terms and conditions

1. Acceptance of the Terms

The “Terms” consist of the following Conditions of Use, the CashOff Privacy Policy and any supplemental terms, legal notices and other communications provided to you. These Terms govern your use of the website offered by CashOff at http://www.cashoff.com or http://cashoff.com and they include all related sites owned by us including mobile, city specific sites, and others (each a “Site”), and all products or services accessed through the Sites (collectively “Services”). These Terms constitute a binding legal agreement (“Agreement,” though we may use “Terms” interchangeably with “Agreement” herein) in electronic form between you (“you,” “your” and/or “yourself”) and CashOff, Inc. and its successors, subsidiaries and affiliates (“CashOff,” “we,” “us” and/or “our”). By using the Sites and/or Services, you agree to these Terms.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, IMMEDIATELY STOP USING THE SITE AND DO NOT USE ANY CASHOFF SERVICES OFFERED THROUGH THE SITE.

2. Electronic Communications

When you use the Site or send emails to CashOff, you are communicating with us electronically and consent to receive electronic communications related to your use of the Site. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from us, other than notices posted on the Site, will be considered delivered to you and effective when sent to the email address you provide on the Site or from which you otherwise email us.

3. Your Privacy

Your privacy is important to CashOff. Our Privacy Policy was written to make important disclosures about how we collect, use and protect your personal data. The Privacy Policy is incorporated herein by reference.

 

4. Certain Conditions Placed on Your Use of the Sites and Services

 

Your use the Sites and/or Services is conditioned upon your agreement that:

  • You are at least 18 years old;

  • You agree to comply with these Terms;

  • You are able to enter into a binding contract with us;

  • You are not prohibited by law from accessing our Sites and/or Services 

  • You have not previously been banned, terminated or otherwise denied access to our Sites and/or Services;

  • You are not acting on behalf of a person whose access to our Sites and/or Services has been previously terminated or otherwise denied by us;

  • You will not impersonate another user of the Sites and/or Services.

 

5. Your Account 

You will need to register by creating an account with CashOff (an “Account”) in order to obtain access to certain Services, including the use of CashOff Coupons. If you choose to create an Account, you agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. When you register, you will obtain your log-in credentials (a “User ID” and password). Access to the CashOff Site and Services is not authorized by any other person or entity using your User ID and you are responsible for preventing such unauthorized use. 

 

You are solely responsible for any and all access to the Site or use of the Services by persons using your User ID. Please notify us immediately if you become aware that your User ID is being used without authorization.

 

6. CashOff Coupons

CashOff provides consumers the opportunity to purchase certain products and services from third-party merchants (the “Merchant”), using a coupon that offers a discount on Merchant goods and services (a “CashOff Coupon”). The promotion of each coupon works as a form of advertisement for the Merchant by CashOff.

By earning, purchasing, printing, accepting, using or attempting to use any CashOff Coupon, you agree to these Terms, the Read Me identified in the CashOff Coupon (defined below) and/or any additional specific terms related to the CashOff Coupon at the time of purchase. These Terms apply to all CashOff Coupons, unless the Read Me on a particular CashOff Coupon states otherwise, and except as otherwise required by law. In the event of a conflict between these Terms and the Read Me on a CashOff Coupon, the Read Me will govern, except to the extent prohibited by applicable law.

7. How CashOff Coupons Work

CashOff Coupons may be purchased or in some cases you can earn them for free by sharing it with your friends on certain social networks. Over time and based on our proprietary algorithms the CashOff Coupons increase in value and the social media share no longer allows you to obtain a free CashOff Coupon but will provide a discount of the purchase price instead. 

You will be required to create a user account on our website in order to obtain CashOff Coupons. By doing so and then purchasing or earning a CashOff Coupon you are agreeing to purchase or earn the CashOff Coupon on the terms, restrictions and conditions associated with the CashOff Coupon that appear in these terms and also in the Read Me section of the cashOff Coupon. 

If you purchased the CashOff Coupon you will receive a confirmation sent via email and your credit card or other payment mechanism will be charged for the amount of the CashOff Coupon. If you acquired the CashOff Coupon for free by sharing it on social media you will also receive confirmation of the transaction via email. In both cases described by this paragrapgh you will receive a copy of the CashOff Coupon itself via email. 

8. Read Me Information

In addition to the terms set forth herein, each CashOff Coupon has unique restrictions, terms and conditions (collectively, the “Read Me,” whether or not they are expressly labeled as such on a CashOff Coupon). 

The Read Me may restrict things such as when or where You can redeem a CashOff Coupon, as well as other limitations, so always read this section carefully. Federal and State Laws affect your rights.

Additional Terms regarding CashOff Coupons

Unless otherwise stated on the CashOff Coupon or required by law, the following additional terms apply to all CashOff Coupons

CashOff Coupons must be redeemed in their entirety in one visit to a Merchant.

CashOff Coupons are not redeemable for cash, except as required by law. 

Use of a CashOff Coupon for alcoholic beverages is at the sole discretion of the Merchant in accordance with applicable law. Some States have laws that prohibit discounting alcoholic beverages or otherwise provide legal restrictions. Discount coupons for alcoholic beverages may not be available in your jurisdiction. 

CashOff Coupons cannot be combined with any other coupons or promotions. 

CashOff Coupons cannot be used for taxes, tips, prior balances and/or shipping or handling, as applicable.

Neither CashOff nor the Merchant is responsible for lost or stolen CashOff Coupons. Duplicate use, sale or trade of a CashOff Coupon is prohibited.

Unless otherwise stated in the Read Me section, the CashOff Coupon price does not include sales, value-added or use taxes, which may be charged to you separately by the Merchant at the time you redeem the CashOff Coupon.

Expiration of CashOff Coupons. 

The Promotional Portion of the CashOff Coupon will always expire on the date printed on the CashOff Coupon, except as required by law. If the Merchant is in a state where it is permissible for the Paid Portion to expire, the Paid Portion of the CashOff Coupon will expire five (5) years from the date that the CashOff Coupon was issued. In some states, the law may require the Merchant to honor the Paid Portion of the CashOff Coupon beyond five years, in which case the Paid Portion of the CashOff Coupon will expire in accordance with the applicable law. Federal law may also affect how and when a couple on can expire. 

 

Date-Specific CashOff Coupons

Sometimes we offer CashOff Coupons that are date-specific, such as a CashOff Coupon for a ticketed event or a CashOff Coupon where you select a specific day to stay at a hotel (“Date-Specific CashOff Coupon”). Usually this means that the CashOff Coupon can only be redeemed on a single date or that you might have to choose from a list of available dates before you buy a CashOff Coupon. In either case, the date you select will be identified on the CashOff Coupon, and you can only redeem the CashOff Coupon on this specified date. Both the Paid Portion and the Promotional Portion expire on the date specified on the CashOff Coupon. You may not reschedule a Date-Specific CashOff Coupon for another date or time for any reason. No full or partial refunds are given to customers who fail to redeem a Date-Specific CashOff Coupon on the date specified on the CashOff Coupon. If for some reason the Date-Specific CashOff Coupon is canceled or rescheduled by us or the Merchant, we will send you an email notifying you prior to such cancelation or rescheduling. If the Date-Specific CashOff Coupon is rescheduled, our email to you will include the new date for the Date-Specific CashOff Coupon. If you cannot make the new date for the Date-Specific CashOff Coupon, you will be entitled to a refund of the Paid Portion upon request. If, however, the Date-Specific CashOff Coupon is canceled and will not be rescheduled, we will automatically refund you the Paid Portion.

Refunds

The Refund policy for any cashOff Coupon will always be stated at the time of purchase, and is subject to applicable state and federal laws. 

 

Please review our current Refund policies at this page, and general policies in effect.

We want you to be happy with your CashOff experience. If You have trouble redeeming Your CashOff Coupon for any reason, please contact us at so we can work with the Merchant to resolve Your issue.

 

Merchant is the Issuer of the CashOff Coupon

The Merchant is the issuer of the CashOff Coupon and is solely responsible for redeeming the CashOff Coupon. The Merchant is also solely responsible for all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a CashOff Coupon or not, as well as for any unclaimed property liability arising from unredeemed or partially redeemed CashOff Coupons. Unless otherwise indicated in a CashOff Coupon or other offer, CashOff is solely the advertiser of the Merchant’s goods or services, and may from time to time engage third parties or affiliates to administer CashOff Coupon management on behalf of Merchants. You hereby irrevocably waive all rights related to, and release CashOff and its subsidiaries, affiliates, partners, officers, directors, employees and agents from, any liabilities arising from or related to any act or omission of a Merchant in connection with your use of a CashOff Coupon or the products and/or services it provides in connection with it. 

 

 

CashOff Coupon Availability

CashOff Coupons can be purchased or earned by sharing them with your friends on social media.  However there is a limited supply of cashOff Coupons that can be earned for free by sharing them on social media. CashOff does not represent or warrant that any product or service promoted on the Site will be available for purchase by any particular person. Some of our CashOff Coupons are limited in number.

CashOff reserves the right, in its sole discretion, to exclude or otherwise limit the provision of a CashOff Coupon, the Sites, the Services or any other product or service. Any attempt by you to obtain more than the permitted number of CashOff Coupons, including, without limitation, using multiple or different identities, credit cards, forms, registrations or addresses, will void your purchase and may subject your Account to termination. We shall determine in our sole discretion whether any of these purchase characteristics constitute an attempt to violate our rules. 

 

Pricing Information

We display discounts on our Sites in connection with each CashOff Coupon. These discounts are calculated based upon certain pricing information provided to us solely by Merchants, which may include the retail price suggested by the manufacturer, supplier or the Merchant, or an estimated price based on standard industry practice. Since the pricing information on which we base our discounts may vary, any discount information that we display may or may not be representative of the prevailing discount in every area or on any particular day.

The price of CashOff Coupons (or other products and services) will be as quoted on our Site from time to time, except in cases of obvious error. CashOff strives to provide accurate pricing information regarding the products and services available on the Site. We cannot, however, insure against pricing errors. CashOff reserves the right, at its sole discretion, to not process or to cancel any orders placed for a product or service whose price was incorrectly posted on the site as a result of an error. If this occurs, CashOff will notify you by email. In addition, CashOff reserves the right, at its sole discretion, to correct any error in the stated full retail price.

The opportunity to get a Free CashOff Coupon may be time-limited and may be subject to other limitations. Any such limitations will be identified in the email you will receive notifying you of your Free CashOff Coupon. 

 

All Services and pricing on the Site may change at any time in CashOff’s discretion, without notice.

 

7. Other Services

In the event we offer other or new products or services we will update these Terms or add specific terms related to the new products or services at the point of purchase or subscription. 

 

8. CashOff Bucks (“CashOff Bucks”) are a form of CashOff currency that may be applied as a credit only towards the purchase of CashOff Coupons on the Sites. CashOff Bucks do not have a cash value and so they are not refundable for cash, except where required by applicable law. Resale of CashOff Bucks is strictly prohibited. 

 

Expiration of CashOff Coupon Bucks is controlled by applicable State and Federal Law. 

9. Ownership of the Sites and Services

The Sites and/or Services (including past, present and future versions) and all content that are included in, on or that are otherwise a part of the Sites and/or Services (collectively, the "Content") are owned, controlled or licensed by CashOff, its subsidiaries or affiliates.

10. Copyright/Trademarks

The entire contents of the Sites and/or Services (including the Content) are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. Without limitation, CashOff owns a copyright in the selection, coordination, arrangement and enhancement of the Content on the Sites and/or in the Services. Trademarks and service marks, including, without limitation, “CashOff,” which appear on the Sites and/or in the Services are the service and trademarks of CashOff or affiliated entities. Without CashOff's’ prior written permission, you agree not to display or use, in any manner, any such marks. Without limitation of the preceding, you may not use any meta tags or any other "hidden text" utilizing our names or trademarks without our express written consent. Notwithstanding the foregoing, any goodwill associated with any use of such marks by you will inure exclusively to CashOff or their respective owners. The Content may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of CashOff, unless and except as is expressly provided in these Terms. Any unauthorized use of the Content is prohibited. You agree to abide by any and all additional trademark and copyright notices, information or restrictions contained in any part of the Sites and/or Services.

11. Your Access to the Sites and Services

Subject to your compliance with the Terms, we grant you a limited license to access and make personal use of the Sites and/or Services. You are expressly prohibited from:

any resale or commercial use of the Sites, the Services, the Contents and/or any of the other contents or materials found thereon;

any collection and use of any product listings, descriptions, prices or any other information posted on the Site for any purpose other than your own personal use, including, without limitation, any purpose competitive to CashOff or the Merchants featured hereunder or any commercial purpose, including marketing;

 

any downloading or copying of Site or Account information for any reason other than your personal use, or any use of data mining, robots or similar data gathering and extraction tools;

 

deep-linking to any portion of the Site;

framing or utilizing framing techniques to enclose any portion of the Site without express written consent;

using the Sites and/or the Services to access or collect any personally identifiable information, including account names, email addresses or other such information for any purpose, including, without limitation, commercial purposes;

attempting to gain access to secured portions of the Sites and/or Services to which you do not possess access rights;

using the Site and/or Services to generate unsolicited email advertisements or spam; or

using any automatic or manual process to search or harvest information from the Sites and/or Services, or interfering in any way with the proper functioning of the Site and/or Services.

Any unauthorized use of the Sites, Services, Content and/or any other contents or materials found thereon shall immediately terminate the permission or license granted by us in these Terms. You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of cashoff.com or to the individual poage of the CashOff Coupon so long as the link does not portray us or any of our products or services in a false, misleading, derogatory or otherwise offensive matter. You may not use any of our logos or other proprietary graphics or trademarks as part of the link without express written permission.

 

12. Third-Party Links and Contents

Our Sites and/or Services, or communications you receive from our Sites and/or Services may include third-party content or links to third-party websites that we do not control, maintain or endorse. Accessing those third-party sites requires you to leave the Sites and/or Services. We do not control those third-party sites or any of the content contained therein and you expressly acknowledge and agree that we are in no way responsible or liable for any of those third-party sites, including, without limitation, their content, policies, failures, promotions, products, services, actions and/or any damages, losses, failures or problems caused by, related to or arising from those third parties or their sites. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH OTHERS FOUND ON OR THROUGH THE SITES AND/OR SERVICES, INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD-PARTY. CASHOFF ENCOURAGES YOU TO REVIEW ALL POLICIES, RULES, TERMS AND REGULATIONS, INCLUDING THE PRIVACY POLICIES AND TERMS OF USE OF EACH AND ANY THIRD-PARTY SITE THAT YOU VISIT.

 

13. Information and Content Submitted by You

The Sites and Services may offer you the opportunity to post reviews, comments, photos, questions and other content (“User Content”). You agree not to post any User Content on any of the Sites and/or Services that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties. You further agree not to post any User Content that contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam." You may not use a false e-mail address, impersonate any person or entity or otherwise mislead as to the origin of User Content. CashOff reserves the right (but not the obligation) to remove or edit such User Content, but does not regularly review posted User Content. Any opinions advice, ratings, discussions, comments and/or other User Content of any kind made by you or any user of the Sites and/or Services are those of the respective author(s) or distributor(s) and not of CashOff.

 

If you do post User Content or submit material, and unless we indicate otherwise, you grant CashOff a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such User Content throughout the world in any media. You grant CashOff and our sublicensees the right to use the name that you submit in connection with such User Content at our discretion. You represent and warrant that you own or otherwise control all of the rights to the User Content that you post, that the User Content is accurate, that use of the User Content you supply does not violate this policy and will not cause injury to any person or entity and that you will indemnify CashOff of all claims resulting from User Content you supply. CashOff takes no responsibility and assumes no liability for any User Content posted by you or any third party.

 

14. Product Submissions

CashOff does not accept unsolicited submissions for business ideas, web sites, articles or other products or services. It is our intent to avoid the possibility of future misunderstandings when projects developed by or on behalf of CashOff (whether internally or by third parties) might seem to others to be similar to their own creative ideas or materials. Therefore, please do not make any such unsolicited submissions to CashOff through the Sites, by email, text message or otherwise. However, if you decide to make any such unsolicited submission, they shall be subject to these Terms and you hereby grant to CashOff the irrevocable right and license to the submission as if it were User Content as specifically set forth above.

 

15. Termination

If you want to terminate your legal Agreement with CashOff, you may do so by: (A) notifying CashOff at __________________ or (B) closing your Accounts for all of the Services that you use.

CashOff may, at any time, terminate this Agreement with you if: (i) You have breached any provision of this Agreement or you do not comply with the Agreement; (ii) CashOff is required by law to do so; (iii) the partner with whom CashOff has offered the Services to you has terminated its relationship with CashOff or ceased to offer the Services to you; (iv) CashOff no longer provides Services in the country in which you reside; or (v) CashOff determines that the provision of Services to you is no longer commercially viable. Notwithstanding anything contrary in these Terms, CashOff reserves the right to discontinue any product or service at any time and at its sole discretion.

Without limiting any of the foregoing, CashOff may immediately terminate or suspend any User IDs, Accounts or passwords in the event of any conduct by you which LivingSocial, in its sole discretion, considers to be unacceptable or in the event of any breach by you of this Agreement. In the event of termination, you agree to immediately cease access to our Sites and Services. Any CashOff Coupon issued prior to termination will be honored according to its terms and the terms of this Agreement specifically applicable to such CashOff Coupon. These Terms will survive termination of this Agreement.

16. Exclusion of Warranties

WE PROVIDE THE SITES AND SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” UNLESS OTHERWISE SPECIFIED. WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND ABOUT THE SITES, SERVICES, OR ANY THIRD-PARTY PRODUCTS OR SERVICES MADE AVAILABLE TO YOU BY US, UNLESS SPECIFIED IN WRITING.

 

YOU HEREBY EXPRESSLY AND IRREVOCABLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK.NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT CASHOFF’S WARRANTY OR LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IF ANY.

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CASHOFF AND OUR OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS DISCLAIM IMPLIED WARRANTIES THAT THE SITE AND SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT: (A) YOUR USE OF THE SITES AND/OR SERVICES WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE SITES AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, AVAILABLE, AND FREE FROM ANY ERROR; (C) ANY PRODUCTS OR SERVICES OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SITES AND/OR SERVICES WILL BE RELIABLE; OR (D) ELECTRONIC COMMUNICATIONS SENT FROM CashOffWILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE MAKE NO WARRANTIES AS TO PRIVACY AND SECURITY OTHER THAN AS EXPRESSLY STATED IN THE PRIVACY POLICY.

NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A CASHOFF REPRESENTATIVE SHALL CREATE A WARRANTY.

 

16. Limitation of Liability

IN NO EVENT SHALL CASHOFF, ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO: (A) YOUR USE OF THE SITE, THE CONTENT, USER CONTENT AND OTHER INFORMATION CONTAINED IN THE SITE; (B) YOUR INABILITY TO USE THE SITE; (C) MODIFICATION OR REMOVAL OF CONTENT SUBMITTED ON THE SITE; (D) THE MERCHANT OFFERINGS, PRODUCTS AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE; OR (E) THESE TERMS OF USE. IN NO EVENT WILL CASHOFF’S LIABILITY IN CONNECTION WITH A MERCHANT OFFERING, PRODUCT, AND OTHER AVAILABLE PROGRAMS EXCEED THE AMOUNTS PAID FOR THE APPLICABLE VOUCHER, PRODUCT OR SERVICE. TOTAL AGGREGATE LIABILITY ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH THESE TERMS OF USE SHALL NOT EXCEED THE AMOUNTS PAID BY YOU DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

Dispute Resolution

(a) Binding Arbitration. Except as specifically stated herein, any dispute or claim between you and CashOff arising out of, or relating in any way to, the Terms of Use, the Site or your use of the Site, or any Products, Merchant Offerings or Services offered or distributed through the Site (“Disputes”) shall be resolved exclusively by final, binding arbitration; except that you may bring a qualifying claim over a Dispute in a small claims court in Broward County, FL. The arbitration will be administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes, available at http://www.adr.org or by calling 800-778-7879. The arbitrator will apply and be bound by this Agreement, apply applicable law and the facts, and issue a reasoned award.

To begin an arbitration proceeding, you must comply with the limitations provision and submit the Dispute by utilizing the forms available at http://www.adr.org, and simultaneously sending a copy of the completed form to the following address:


_________________________ 

 

Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. CashOff will reimburse those fees for Disputes totaling less than $10,000 unless the arbitrator determines the Dispute is frivolous. Likewise, CashOff will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the Dispute is frivolous. The arbitration will be conducted based upon written submissions unless you request and/or the arbitrator determines that a telephone or in-person hearing is necessary. If the arbitrator grants the request or determines an in-person hearing is necessary, the hearing will proceed in Fort Lauderdale, Florida, unless the arbitrator determines or we agree that the matter should proceed in the county in which you reside.

(b) No Class Action Matters. We each agree that we shall bring any Dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, we each agree that Disputes shall be arbitrated only on an individual basis and not in a class, consolidated or representative action. The arbitrator does not have the power to vary these provisions.

(c) Choice of Law and Forum; No Jury Trial. If for any reason a Dispute proceeds in court: (i) you agree that any such Dispute may only be instituted in a state or federal court in Broward County, Florida; (ii) you and CashOff irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Disputes; (iii) you and CashOff agree that the Federal Arbitration Act, the AAA rules, applicable federal law and the laws of the State of Florida, without regard to principles of conflicts of law, will govern this Agreement and any Disputes; and (iv) you and CashOff agree to waive any right to a trial by jury.

(d) Injunctive Relief. Notwithstanding anything to the contrary in this Agreement, either party may bring suit in court seeking an injunction or other equitable relief arising out of or relating to the infringement of a party’s intellectual property or any conduct that violates Section ______ (“Your Conduct”) of the Terms of Use.

(e) Time Limitations. If either of us wants to assert a Dispute against the other, the party with a Dispute must institute arbitration within one (1) year from the date the Dispute arose. Absent commencing the arbitration within one (1) year from the date the Dispute arose, the Dispute(s) will be forever barred.

(f) Severability. With the exception of Section _________ above, if any part of this Section ____________ is ruled to be unenforceable, then the balance of this Section ________shall remain in full effect and construed and enforced as if the portion ruled unenforceable were not contained herein.

 

19. Indemnity, Reservation of Right, Release

You agree to defend, indemnify and hold harmless CashOff and its officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including but not limited to reasonable attorney's fees) arising from: (i) your use of and access to CashOff, our Site and/or Service; (ii) your violation of any term of these Terms or this Agreement; (iii) your violation of any third-party right, including, without limitation, any copyright, property or privacy right; or (iv) any claim that any User Content submitted by you causes damage to a third-party. This defense and indemnification obligation will survive the termination of this Agreement and your use of the Sites and/or Services.

 

Although CashOff reserves the right, we have no obligation, to monitor or take action regarding disputes that you may have with other users, customers or any Merchants. To the extent the law permits, you release us from any claims or liability related to any Content and/or User Content posted on the Sites and from any claims related to the conduct of any other customers of ours or any Merchants. You agree to waive California Civil Code Section 1542 (if you are a California resident), and any similar provision in any other jurisdiction (if you are a resident of such jurisdiction), which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

 

20. Applicable Law

By using our Services and Site, you agree to these Terms and You also agree that any claim or dispute between you and CashOff that arises out of this Agreement shall be governed by the laws of the State of Florida without regard to conflict of law principles, except that the arbitration provisions contained herein shall be governed by the Federal Arbitration Act.

 

Copyright Policy and Digital Millennium Copyright Act (DMCA) Procedures

CashOff reserves the right to terminate your or any third-party’s right to use the Site if such use infringes the copyrights of another. CashOff may, under appropriate circumstances and at its discretion, terminate your or any third-party’s right to access to the Site, if CashOff determines that you or a third-party is a repeat infringer. If you believe that any material has been posted via the Site by any third-party in a way that constitutes copyright infringement, and you would like to bring it to CashOff's attention, you must provide CashOff's DMCA Agent identified below with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Site of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) your name and contact information, including telephone number and email address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

The contact information for CashOff’s DMCA Agent for notice of claims of copyright infringement is: CashOff, Inc. Attn: _____________________________________, email: dmca@CashOff.com.

 

22. Entire Agreement, Changes to this Agreement and Waivers

These Terms, together with the Privacy Policy, and any other legal notices published by CashOff on the Sites, Services or any CashOff Coupon, shall constitute the entire agreement between you and CashOff concerning your use of the Sites and/or Services. We may change the Terms and the Terms and any modifications will become effective once they are uploaded to the Site. You are  responsible to check the Sites periodically to view any such changes to the Terms. Your use of the Sites and/or Services after the Terms have been changed will indicate that you accept and agree to the new Terms. Any changes to this Agreement will be in writing and approved by an Officer of CashOff.

 

23. General Terms

You and we are independent contractors, and nothing in this Agreement creates a partnership, employment relationship or agency relationship. There are no third-party beneficiaries of this Agreement. We may assign this Agreement at any time without notice to you. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third-party without our prior written consent, and any attempt by you to do so will be invalid. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

YOU AND CASHOFF AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO CASHOFF MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 

You represent that you are legally able to accept these Terms. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement, and to abide by and comply with this Agreement. If you are not legally able to accept these terms, or refuse to abide by and comply with this Agreement, you must cease use of the Sites and/or Services immediately.

 

The parties hereto confirm their express wish that this Agreement and all documents and agreements directly or indirectly relating thereto be drawn up in the English language.

 

 

8. Your Privacy

We take the privacy of your personal data seriously. We encourage you to carefully review our Privacy Statement for important disclosures about ways that we may collect, use, and share personal data and your choices. Our Privacy Statement is incorporated in these Terms of Use, and available here.