Terms & Conditions

Last Updated:  September 9, 2014

This is the Terms and Conditions Agreement ("Terms" or "Agreement") of CouponCabin LLC. ("CouponCabin" or "us" or "we"). These Terms and our Privacy Policy, incorporated herein by reference, govern your use of our online services or any application created and distributed by us, any content or information therein, the CouponCabin.com website, any subdomains of CouponCabin.com, and any other website pages or applications on which services are provided by us or that display or provide an authorized link to these Terms (collectively, including any such websites or applications, the "Services"). It is acknowledged that any reference to the term “Services” includes any application created and distributed by us, and the provisions of this Agreement govern your use of any such application and our online services provided therein. 

By using the Services, you signify your agreement to and acceptance of these Terms and CouponCabin's Privacy Policy, including all changes and revisions to this Agreement and the Privacy Policy. If you do not agree to be bound by these Terms, please do not use the Services.

Please read this agreement carefully and check this Agreement periodically for changes, as CouponCabin may change this Agreement from time to time. Any modifications we make will be effective immediately upon posting, and your continued use of the Services after such changes are posted constitutes your acceptance of such changes. To the extent that a court or arbitrator of applicable jurisdiction determines that applying any modifications to these Terms would render this Agreement unenforceable, such modifications shall be applicable on a prospective basis only (with respect to events or circumstances occurring after the date of such modifications), to the extent necessary for these Terms to remain enforceable.

Unauthorized access, reproduction, copying, saving, downloading, retransmission, publication, aggregation, cataloguing, sale, distribution or any other form of transfer or UNAUTHORIZED USE OR exploitation of any portion of the Services, including but not limited to any and all content found on the Services, is expressly prohibited.

This Agreement contains a binding arbitration clause and class waiver (Section 16) that affects your legal rights when resolving disputes under this Agreement. Please read it carefully. Your use of CouponCabin is subject to your agreement to such binding arbitration clause and class waiver.

  1. LINKS TO THIRD PARTY SITES
  2. INTELLECTUAL PROPERTY RIGHTS
  3. USE OF THE SITE AND SERVICES
  4. CASH BACK PROGRAM TERMS
  5. SUBMISSIONS AND USER CONTENT
  6. LOCATION-BASED SERVICES
  7. CONTENT DISCLAIMER
  8. PRIVACY
  9. DISCLAIMER OF WARRANTIES
  10. LIMITATION OF LIABILITY
  11. INDEMNIFICATION
  12. COPYRIGHT POLICY
  13. LEGAL COMPLIANCE
  14. THIS AGREEMENT
  15. TRANSFER OF RIGHTS
  16. DISPUTE RESOLUTION
  17. CHOICE OF LAW AND FORUM
  18. SEPARATE TERMS AND CONDITIONS
  19. CONTACT INFORMATION
  1. You will be transferred to online merchants or other third party sites through links or frames from the Services. The Services do not sell any good or service to consumers and nothing in the Services shall be construed as an offer to sell anything or enter into any kind of business relationship. Any purchases you make will be through other websites and from other companies. You are cautioned to read such websites' terms and conditions and all policies, including policies regarding sales, returns, warranties and privacy before using such sites in order to be aware of the terms and conditions of your use of such sites. Be sure to carefully evaluate and investigate such sites on your own to your satisfaction.

    You are also cautioned to carefully read the terms and conditions of any coupons, specials, sweepstakes, promotions, sales or other offers from these merchants. CouponCabin shall not be responsible for any inaccuracies; misrepresentations; product or service liability; offensive, infringing, libelous or illegal materials; lack of availability of other sites, information, promotions, products, or services; viruses or other computer problems resulting from use of such sites; or any liabilities resulting from the terms and conditions of other sites. CouponCabin does not guarantee any content on such sites or anything offered by third parties, including but not limited to prices, promotions, products, or services.

    You are knowingly and voluntarily assuming all risks of using such sites to purchase goods and services and of using the coupons, offers and specials listed by the Services. You agree that CouponCabin and its licensors and advertisers shall have no liability whatsoever from such third party sites and your usage of them.

    These other sites are not under the control of CouponCabin, are not monitored or reviewed by CouponCabin, and CouponCabin is not aware of the contents of such sites. CouponCabin does not sponsor, endorse, or recommend these sites and makes no representations or warranties of any kind with regard to any sites, their terms and conditions of use or service, or the way they may collect, save, store, and use information, including your personally identifiable information. You acknowledge that CouponCabin is not responsible for the products, services, accuracy, copyright compliance, legality, decency, or any other aspect of the contents or any transmissions received through such sites. These sites may contain information or material that is illegal, unreasonable or that some people may find inappropriate or offensive. The inclusion of a link or frame to any site does not imply endorsement of that site by CouponCabin or its advertisers or licensors, or any association with its operators, and is provided solely for your convenience. You should review the terms and conditions of use or service of each website you visit. Linking to any service or site is at your sole risk.

    If you have any complaint with such sites, contact that site directly, or contact your state Attorney General or the Federal Trade Commission at www.ftc.gov.

  2. INTELLECTUAL PROPERTY RIGHTS

    The Services are protected under U.S. and international copyright and other intellectual property laws. Copyright ©2014 CouponCabin LLC. All rights reserved. All of our company names, product names, service names and logos are owned by us.

    The content and materials found on, provided by or through or included as part of the Services, including but not limited to, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like, and the trademarks, service marks and logos contained therein, are owned by or licensed to CouponCabin and are subject to copyright, trademark, service mark, trade dress, patent and other intellectual property rights and protections under United States and foreign laws and international conventions.

  3. USE OF THE SITE AND SERVICES

    1. Personal and Lawful Use Only

      Unless otherwise specified, the Services are intended for your personal, noncommercial use only. You agree to use the Services only for lawful purposes and acknowledge that your failure to do so may subject you to civil and criminal liability. You may not in any way make commercial or other unauthorized use of (by publication, retransmission, distribution, performance, caching, cataloguing, aggregating or otherwise) the content or other material found on, provided by or through or included as part of the Services, except as permitted by the Copyright Act or other law and as expressly permitted in writing by this Agreement, CouponCabin or the Services.

    2. Minimum Age

      You must be 18 years of age or older to agree to this Agreement and use the Services. If a parent or guardian wishes to permit a person under 18 years old, and under his or her supervision, to use the Services, he or she should contact CouponCabin with his or her explicit permission and acceptance of full legal responsibility for the minor to do so. If you are not yet 18 years old, if you are easily offended, or are accessing the Services from any country where material on the Services is prohibited or illegal, please stop using the Services immediately as you do not have permission to access the Services.

    3. License Granted

      Upon your agreement to this Agreement, CouponCabin hereby grants you a non-exclusive, non-transferable limited license to use the Services for personal, noncommercial purposes, in strict accordance with the terms and conditions in this Agreement and as permitted via instructions on the Services. You agree not to make any false or fraudulent statements in your use of or to gain access to the Services. You acknowledge and agree that all content and services available on the Services are property of CouponCabin and its advertisers and licensors and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the U.S. and internationally. All rights not expressly granted herein are fully reserved by CouponCabin and its advertisers and licensors.

    4. Restrictions

      1. Prohibit Uses

        Except as may be explicitly permitted through the Services, you agree not to copy, save, download, reproduce, cut and paste, sell, retransmit, license, rent, lease, modify, distribute, copy, publicly display, publicly perform, publish, adapt, edit, catalogue, aggregate, or create derivative works from materials, code or any content on or from the Services. Access or use that involves the retrieval, including systematic retrieval by use of data mining, scraping, robots, spiders, or other extraction tools, of data or any content from the Services that results in or materially contributes to (i) any of the prohibited uses named above in this paragraph I or (ii) the creation or compilation, directly or indirectly, of a collection, compilation, database or directory, without written permission from CouponCabin, is strictly prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.

        With respect to any application created and distributed by us, this license does not include and strictly prohibits (i) any resale of the application or its contents or (ii) any derivative use of such application or its contents. Any such application may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any purpose without the express prior written authorization of CouponCabin. Any unauthorized use shall immediately terminate the licenses and rights granted by CouponCabin and may subject you to civil and/or criminal prosecution.

      2. Security

        You agree that if you are issued a Username and Password by CouponCabin, you shall use your best efforts to prevent access to the Services through your Username and Password by anyone other than yourself, including but not limited to, keeping such information strictly confidential, notifying CouponCabin immediately if you discover loss or access to such information by another party not under your control and supervision, and by using a Username and Password not easily guessed by a third party. You agree that you are fully responsible for all actions and postings made using your Username and Password. Usernames and Passwords are not transferrable.

        You agree that you shall not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via the Services. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that CouponCabin shall pursue such penalties to the full extent of the law to protect its rights.

      3. Location/Consent to Transfer

        The Services are hosted and operated in the United States. Those who access or use the Services from other jurisdictions do so at their own choice and risk and are solely responsible for compliance with local law. Please note that the personal information you submit to the Services will be transferred to and stored in the United States to be processed by us so we can provide the Services to you as set forth in this Agreement and our Privacy Policy

        If you are not a resident of the United States, you acknowledge and agree that we may collect and use your personal information outside your home jurisdiction, and that we may store your personal information in the United States. Please note that the level of legal protection provided in the United States or other non-European countries in which you may access our Services may not be as stringent as that under European Union privacy standards or the privacy laws of some other countries, possibly including your home jurisdiction.

      4. Export

        You agree that you shall comply with all applicable export and import control laws and regulations in your use of the Services, or materials or services received through the Services, and, in particular, you shall not export or re-export anything on or received through the Services in violation of local or foreign export laws or without all required U.S. and foreign government licenses.

      5. Government Use

        If you are a branch or agency of the U.S. Government, the following provision applies. The Services, code, contents and accompanying documentation are comprised of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212 (SEPT 1995) and are provided to the Government (i) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (ii) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1 (JUN 1995) and 227.7202-3 (JUN 1995). Unpublished rights reserved under the copyright laws of the United States.

  4. CASH BACK PROGRAM TERMS

    You may enroll in the CouponCabin Cash Back Program and earn cash back on purchases made at stores and merchants featured on the Services (both the program and associated cash back referred to herein as "Cash Back"). These special terms and conditions govern your eligibility and participation in Cash Back. By participating in Cash Back, you signify your agreement to these Terms, including the following special terms and conditions.

    1. Eligibility

      Cash Back is offered for purchases made on stores and merchants participating in the program ("Participating Merchants"), through links on the CouponCabin.com website using your desktop, laptop or tablet device. Participation is free.  To join, become a MyCabin member by providing your email address and a password, or join using your Facebook® credentials by clicking the blue button in the sign-up box. Your MyCabin account will enable you to track your transactions and the Cash Back you have been credited with, and it will enable CouponCabin to inform you when your account is credited with Cash Back. Participation in Cash Back is limited to individuals that are 18 years of age or older.

    2. Earning Cash Back

      To earn Cash Back, you must make a "Qualifying Purchase" (as defined below) by clicking on an eligible coupon, offer, product or store link associated with a Participating Merchant on CouponCabin.com (using your desktop, laptop or tablet device) and completing a purchase at the website of the Participating Merchant. You must be 18 years of age or older to complete a Qualifying Purchase. To earn Cash Back (a) you must be logged in to MyCabin with your username; (b) you must connect to the website of a Participating Merchant from a designated Cash Back link on CouponCabin.com; (c) you must complete your transaction on the Participating Merchant’s website; (d) you must have cookies enabled on your web browser; (e) you must be a United States resident and maintain a United States mailing address. A list of Participating Merchants can be found here.

      Some reasons why a purchase may not become a Qualified Purchase:

      1. You were not logged in to MyCabin with your MyCabin login credentials
      2. You visit other websites or make other unrelated clicks after your click on CouponCabin.com but before completing your transaction with the Participating Merchant
      3. You did not have cookies enabled on your web browser
      4. You complete multiple, separate transactions on a Participating Merchant’s website without returning to such Participating Merchant’s page on CouponCabin.com
      5. You did not complete your purchase or transaction on the Participating Merchant’s website within the time period the Participating Merchant allows between linking to the Participating Merchant’s website from CouponCabin.com and completing your transaction
      6. You clicked on or used a coupon or offer not specifically designated or shown as being eligible for Cash Back
      7. You change your order, replace your order with a new order, or exchange your order directly with the Participating Merchant
      8. Your purchase or transaction falls within restrictions imposed by a Participating Merchant
      9. The Participating Merchant for any reason fails to pay to CouponCabin the commission owed with respect to your purchase or transaction
      10. There is a failure of a tracking mechanism used by the Participating Merchant or its affiliate network responsible for tracking your purchase or transaction
      11. You had pop-up or ad-blocking software (such as, but not limited to, Block Pro, Zone Alarm, Norton, AdBlock Pro or Adblock Plus) installed and functioning on your browser or computer
      12. You made your purchase with the Participating Merchant offline and not on the Participating Merchant’s website
      13. You used an unauthorized credit card to complete your purchase, completed the purchase in violation of the applicable terms and conditions of the credit card used, or the purchase or transaction was later reversed by your or the credit card for any reason
      14. You completed your purchase or transaction on a mobile device (not all mobile transactions are tracked or reported correctly to CouponCabin)
      15. You used the mobile application of, or offered specifically by, the Participating Merchant to complete your purchase or transaction
      16. You used a gift card or merchandise credit to complete your purchase (not all transactions completed using a gift card or merchandise credit are tracked or reported correctly to CouponCabin) or completed your purchase in violation of the applicable terms and conditions of the gift card used
      17. The reporting of the purchase or transaction is delayed because it was made in the travel industry or relates to travel.  In such cases, the Qualified Merchant may use the date travel is completed, not the date of purchase, as the reported date of the transaction.
      18. The transaction was for a free trial or free product, which does not qualify as a Qualified Purchase

      Some reasons why a purchase may cease to be a Qualified Purchase:

      1. The purchase is returned to or exchanged at the Participating Merchant
      2. The Participating Merchant alters the terms or conditions of the purchase
      3. If any Cash Back guidelines posted on the Participating Merchant page on CouponCabin.com are not met
      4. You used a coupon, offer or coupon code not provided by CouponCabin.com to make your purchase or transaction

      Determination of whether or not a purchase made at a Participating Merchant is a Qualified Purchase is at the sole and absolute discretion of CouponCabin. Members will not receive Cash Back in connection with Qualified Purchases that cease to be Qualified Purchases.

      1. Amount of Cash Back

        Please note that cash back is calculated based on the net purchase amount, excluding taxes, fees, shipping, gift-wrapping, discounts or credits, returns or cancellations, and extended warranties. The amount of Cash Back varies by Participating Merchant and product category and are provided in detail at CouponCabin.com, and it is your responsibility to check the Cash Back amount and guidelines on CouponCabin.com for each coupon or offer used in connection with your purchase. The applicable cash back percentage will be shown below each Cash Back-eligible coupon or offer. For Qualified Purchases that cease to be Qualified Purchases, you will not receive Cash Back. CouponCabin reserves the right to make adjustments for returns, system errors and cancellations. In certain cases, the rate of Cash Back will differ from our commission rate.

      2. Tracking Problems and Errors in Transaction Processing or Advertisements

        CouponCabin is not responsible for tracking problems resulting from incorrect usage of the Services, from errors made by the Participating Merchant, from failure or errors in the tracking or reporting mechanisms of affiliate tracking networks or merchant networks, from cookies being disabled on your browser, or from any other failure of tracking mechanisms or software. As set forth above, such tracking problems may result in failure to be credited with Cash Back in connection with a particular transaction. CouponCabin is not responsible for any errors or inaccuracies in advertisements or any errors made by a Participating Merchant in processing or reporting transactions. CouponCabin may, on a case-by-case basis, credit a member’s account in connection with a purchase or transaction with which there were tracking problems. Each such determination is in the sole and absolute discretion of CouponCabin and shall not be construed as waiving (before or thereafter) any term or condition of this Agreement.

      3. Restrictions on Resellers

        Certain Participating Merchants have a policy against reselling their products or services. If a Participating Merchant reverses or refuses to pay a commission to CouponCabin because the Participating Merchant deems the purchase to be reseller activity, the purchase ceases to be a Qualified Purchase.

    3. Payments

      To receive payment of accrued Cash Back, you must establish and maintain an active MyCabin account with the information necessary to process your payment. A member has no right to payment until (1) such member’s MyCabin account has reached the account minimum (specified below) and (2) such member has provided payment information as described below.

      1. Purchase Information Posted

        A Qualified Purchase will be posted to your account promptly after the Participating Merchant reports the completion of the purchase or transaction to CouponCabin, typically within two (2) days following completion. Some Participating Merchants may take longer to notify us of a Qualified Purchase. Once posted to your account, the Qualified Purchase and related Cash Back will appear in the “My Pending Cash Back” section of your account page. After the end of the calendar month in which the Cash Back in your MyCabin account reaches the account minimum specified below, such Qualified Purchase and related Cash Back information will move to the “My Next Check” section of your account page.

      2. Timing of Payments

        Subject to your continued compliance with these Terms, a payment will be made to you approximately 60 days after the end of the calendar month in which the Cash Back in your MyCabin account reaches the account minimum specified below. From time to time payment may be made sooner or with respect to smaller amounts than the minimums set forth in the foregoing, in the sole and exclusive discretion of CouponCabin. (Note: Posting of Qualified Purchase and related Cash Back information with respect to certain Qualified Purchases may be delayed due to delayed processing and reporting by the respective Participating Merchants. Such delays in posting may result in a corresponding delay of payment. In such cases, CouponCabin may expedite payments, but any decision to expedite payment is at the sole and exclusive discretion of CouponCabin, particularly if such posting delay relates to delays by the Participating Merchant or to changes by a Participating Merchant of its policies and procedures, and such decision shall not be construed as waiving any term or condition of this Agreement.)

      3. Account Minimum

        The account minimum is currently $10.00 in Cash Back. Upon reaching the account minimum, you acquire a conditional right to receive payment of the Cash Back in your account.  Deductions to the Cash Back in your account will be made in respect of previous Cash Back payments, returned or exchanged merchandise, or Inactive Account maintenance charges (as described below). If you have less than the Cash Back account minimum in your account, the Cash Back amounts roll over to the next scheduled payment period, subject to the Inactive Account provisions below.

      4. Payment Schedule

        CouponCabin currently makes Cash Back payments in U.S. dollars via check or via Paypal, as you specify in your MyCabin account. CouponCabin may in the future add other online payment options. If your check expires without being cashed or deposited or if it is returned to CouponCabin, the Cash Back amount will be returned to your account, where your account balance may be subject to Inactive Account maintenance charges (as described below).

        Date Cash Back Posted ByEligible Payment Date
        September 30November 30
        October 31December 31
        November 30January 31
        December 31February 28
        January 31March 31
        February 28April 30
        March 31May 31
        April 30June 30
        May 31July 31
        June 30August 31
        July 31September 30
        August 31October 30
      5. Required Account Information and Communications

        To be eligible to receive any payment of Cash Back, you will need to provide the information necessary to process your payment and keep such information up to date. You may do this on your MyCabin account page on CouponCabin.com. You need to provide the account and payment information as required on CouponCabin.com prior to your first eligible payment date. In order to receive any payment of Cash Back, these Terms require that, prior to the applicable eligible payment date listed above, (i) you have the Cash Back account minimum in your MyCabin account and (ii) you have current and updated account and payment information in your MyCabin account. CouponCabin may but is not required to email you to verify your account and payment information.

        CouponCabin uses email to communicate with you regarding your account, and it is your responsibility to keep your email address on file with us current. You can check the email address currently on file with us by accessing your MyCabin account page on CouponCabin.com. You are responsible for adding CouponCabin.com to your email service provider’s safe sender list, and CouponCabin is not responsible for your failure to receive email from CouponCabin. CouponCabin is not responsible for any email correspondence that is not received by you, for any reason, including due to your failure to check the email address on file with us, to an unreported change in your email address or to your email service provider (or ISP) sending our emails to your bulk, junk or spam email folder or blocking our emails.

      6. Account Value

        Cash Back in your MyCabin account has no value until payment is actually issued to you as set forth in these Terms and properly cashed by you (or properly received through PayPal or other online payment service option offered by CouponCabin). Any account that currently has a balance of less than the account minimum, regardless of whether that account may have previously had a higher balance, has no value as of that time.

    4. Account Balances

      You are responsible for reviewing the Cash Back balance in your account on a regular basis and for checking to ensure that all Cash Back has been properly credited to your account. If you notice a discrepancy in your account, you are required to notify us by email at cbterms@couponcabin.com within sixty (60) days after the date of the purchase causing the possible discrepancy. If you fail to contact us within that sixty (60) day period, your Cash Back balance shall be deemed to be accurate and you hereby waive any right to dispute such discrepancy.

      Cash Back balances accrued in your MyCabin account are subject to adjustment due to, among other things, Participating Merchants’ adjustments to CouponCabin’s commissions for cancellations, returns, exchanges, merchant bankruptcies, reporting or tracking errors and other events. CouponCabin may make such adjustments to member accounts at any time at its sole discretion. In the event you disagree with any adjustment made to your account, you are required to notify us by email at cbterms@couponcabin.com within sixty (60) days after the disputed adjustment has been posted to your account. If you fail to contact us within that sixty (60) day period, your sole recourse is to terminate your account.

    5. Inactive Accounts

      Any member's account that has not been credited with a Qualified Purchase during any rolling twelve consecutive calendar month period is declared an “Inactive Account.” If your account becomes an Inactive Account, CouponCabin reserves the right to debit your Cash Back balance four dollars ($4.00) per month to recover the cost of account maintenance. Such account maintenance charge will apply until (1) you reactivate your account by starting a shopping session via CouponCabin.com, completing a Qualified Purchase or updating your account information, or (2) the Cash Back balance in your account is zero. If the balance in your Inactive Account is or becomes zero, CouponCabin reserves the right to close the account permanently and cease to maintain your account records or access. The Inactive Account maintenance charge will not cause your account balance to become negative and will not cause you to owe money to CouponCabin.

      In the event a check issued to you expires without being cashed or deposited, or if it is returned, CouponCabin reserves the right to debit your Cash Back balance two dollars ($2.00) in each instance to recover associated administrative costs.

    6. Program Changes By Merchants

      CouponCabin is not responsible for changes to, or discontinuance of, the participation of any Participating Merchant, any Participating Merchant’s withdrawal from Cash Back, or for any effect on accrual of your Cash Back caused by or resulting from such changes, discontinuance or withdrawal.

    7. Termination of Program

      CouponCabin reserves the right to terminate Cash Back in whole or in part at any time with notice to the email address used to register your MyCabin account. In the event Cash Back is terminated, payment of your remaining Cash Back will be made to you approximately ninety (90) days following the date notice is transmitted by CouponCabin to the email address on file with us in your account. CouponCabin will not be responsible for failing to notify you of termination of the Cash Back program where such failure is caused by your not receiving email from CouponCabin for any reason, including but not limited to your failure to check the email address on file with us, your failure to change or update your email address in your MyCabin account, or due to your email service provider (or ISP) sending our emails to your bulk, junk or spam email folder or blocking our emails.

    8. Earning Bonuses

      From time to time CouponCabin may offer monetary bonuses or other rewards for specific actions, such as referring new members who become active users. The terms and conditions accompanying such offers will govern how they are earned and paid, but only if such terms and conditions expressly differ from or conflict with this Agreement

      CouponCabin may from time to time offer a Cash Back sign-up bonus of $5.00 (“New Account Bonus”) for creating a new MyCabin account and joining the Cash Back program. A member is eligible for the New Account Bonus only if such new account is registered following the date of public announcement of the New Account Bonus and within any designated promotion period. In addition, to qualify for the New Account Bonus, a new member must establish an account and make minimum Qualified Purchases totaling at least twenty-five dollars ($25.00) within ninety (90) days of becoming a member. Failure to meet any of the requirements for the New Account Bonus, including making such minimum Qualified Purchases within ninety (90) days, will result in cancellation or expiration of the New Account Bonus.

      Accounts receiving any bonuses are subject to the provisions of section 4.C.V. above, and any account that has a balance of less than the account minimum specified in section 4.C.III. above (regardless of whether it has received a bonus) has no value as of that time.

    9. Member Obligations

      Your continued MyCabin membership and eligibility for Cash Back is conditioned upon your compliance with this Agreement.

      1. Fraud or Abuse

        CouponCabin reserves the right to terminate your membership and MyCabin account for any of the following, in each case as determined in the sole and exclusive discretion of CouponCabin:  failure to comply with this Agreement; any suspected fraud or abuse relating to the accrual, generation or receipt of Cash Back; any suspected misrepresentation of information provided to CouponCabin or any Participating Merchant; or any other reason deemed appropriate in CouponCabin’s sole and exclusive discretion. You are strictly prohibited from any conduct that corrupts, affects or undermines the legitimate operation of Cash Back, or that in any way has the effect of manipulating or unfairly affecting the accrual, generation or receipt of Cash Back. In the event that you continually fail to cash your Cash Back checks or otherwise require CouponCabin, in its reasonable discretion, to incur abnormally high administrative costs or burdens with respect to your account, CouponCabin reserves the right to terminate your membership and MyCabin account.

      2. Termination of Your Membership

        In addition to any other provisions of this Agreement, if your membership is terminated by CouponCabin in accordance with these Terms, CouponCabin may refuse to pay some or all of the amounts credited to your account if such amounts appear or are suspected (as determined in the sole and exclusive discretion of CouponCabin) to have been earned in violation, or after violation, of these Terms or to have been otherwise unlawfully obtained. Should your account be terminated by CouponCabin, you are prohibited from rejoining under or registering a new account, unless expressly invited to do so by CouponCabin.

      3. Duplicate Accounts

        You may maintain only a single MyCabin account in the Cash Back program at any given time. Any duplicate accounts are subject to cancellation and the loss of Cash Back and any other credits, and any natural person maintaining more than a single account will have all such accounts terminated and will be prohibited from rejoining under or registering a new account. (CouponCabin may make an exception in the case of a person maintaining a personal account at the same time as maintaining an account on behalf of an entity such as an office or company. CouponCabin will determine whether such an exception should apply on a case by case basis, in its sole and exclusive discretion, and such action shall not be construed as waiving any term or condition of this Agreement.) Use of any duplicate accounts to improperly increase or affect the accrual, generation or receipt of Cash Back (such as by using self-referrals in connection with a referral bonus), as determined in the sole and exclusive discretion of CouponCabin, is prohibited and will result in account cancellation and the loss of Cash Back and any other credits.

    10. General

      1. You are responsible for maintaining accurate account information at all times, including valid email address and payment information. You are responsible for keeping your email address, password and all other information concerning your account confidential. CouponCabin is entitled to act on instructions received under your username and password and is not responsible for action taken on or affecting your account by a third party who uses your username or password. CouponCabin will not be responsible for any losses or liabilities incurred through the use of your account or password by a third party.
      2. CouponCabin is not responsible for lost or stolen payments, payments delivered to the wrong mailing or physical address through no fault of CouponCabin, or for payment errors made by online payment services or other third parties, including but not limited to PayPal. CouponCabin is not responsible for any processing, service or transaction fees charged by online payment services or other third parties, including by not limited to PayPal.
      3. Participation is personal to you, and Cash Back received or owed may not be assigned or transferred to any third party unless expressly permitted by CouponCabin in writing. The sale, transfer, lending, exchange, pooling or trading of any Cash Back (or Cash Back payment obligation), other than by CouponCabin, is expressly prohibited. Any Cash Back (or Cash Back payment obligation) assigned, sold or otherwise transferred in violation of the foregoing is void.
      4. By participating in Cash Back, you understand and agree that in order to provide the Cash Back service, CouponCabin will need to store certain purchase, account and payment information and use it for the purposes of administering the Cash Back program, and you authorize such storage and use, in each case as set forth in our Privacy Policy. In addition, by participating in Cash Back, you have authorized CouponCabin to receive account information from Participating Merchants, including (but not limited to) information on Qualified Purchases such as the order number, products ordered, time and date of the Qualified Purchase, the dollar amount of the Qualified Purchase and email address or other contact information provided in connection with the Qualified Purchase.
      5. Cash Back has no cash value until such time as payment is actually issued to you as set forth in these Terms and properly cashed by you (or properly received through PayPal or other online payment service offered by CouponCabin) in accordance with this Agreement, and you shall have no property rights or other legal interest in Cash Back.
      6. You may owe taxes on Cash Back you receive depending on the tax laws of your federal, state and local jurisdictions. You will be responsible for any and all tax liabilities arising out of your receipt of Cash Back or any other credits.
      7. As set forth above in section 4.E. above, CouponCabin may cancel your account if your account has become an Inactive Account and has a balance of $0.00. You may cancel your membership or MyCabin account at any time by contacting us here. Should you decide to cancel your membership, you will forfeit all accumulated Cash Back and any other credits that have not yet been paid to you. If you choose to rejoin at a later date, you will be assigned a new account with a starting balance of $0.
  5. SUBMISSIONS AND USER CONTENT

    CouponCabin does not want and cannot accept any ideas, materials, comments, feedback, or suggestions you consider to be confidential or proprietary. Accordingly, you agree that you reserve no right, title, or interest in and to any ideas, information, feedback, questions, comments, suggestions, coupon codes, deal information, printable coupons, or any other data (collectively, "Submissions") provided by you to CouponCabin on the Services or via email. Except as set forth in our Privacy Policy, CouponCabin shall have the right to treat any Submission as non-confidential and shall be free to reproduce, use, disclose, publish, modify, translate, create derivative works from and distribute Submissions to others without limitation. CouponCabin shall be free to use anything contained in such Submissions for any purpose whatsoever.

    Any content found on or included as part of the Services, including Submissions, uploaded, published, displayed, transmitted, posted or submitted on or to the Services by a user ("User Content") will be subject to these Terms. With respect to any User Content generated by you on or through the Services, you represent and warrant that: (i) you own or otherwise have the right to grant the license set forth below in this section with respect to such User Content, (ii) such User Content does not violate the privacy rights, publicity rights, copyrights, intellectual property rights, confidentiality rights, contract rights or any other rights of any person, and (iii) you agree to pay any and all royalties, fees, and any other monies owing any person arising in connection with such User Content appearing on the Services. If a third party claims that the posting or submission of any User Content by you is unlawful, you will bear the burden of establishing that it is lawful.

    Any and all User Content shall be deemed non-confidential. By uploading, publishing, displaying, transmitting, posting or submitting any User Content on or through the Services, you hereby grant to CouponCabin a limited, non-exclusive, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, sub-licensable right and license to use, modify, publicly perform, publicly display, reproduce, create derivative works of and distribute such User Content together with your name and location (city, state and/or country) for any purpose including, but not limited to, developing and improving services and information offered through the Services, reproduction, disclosure to third parties, broadcasting, transmission, promotion, posting or otherwise in any media format or channel now known or hereafter developed. This license does not entitle you to any payment from CouponCabin for any reason. CouponCabin is not obligated to publish, display or post any User Content publicly.

    You further agree that you will not upload, publish, display, transmit, post or submit any User Content on or through the Services that is libelous, abusive, obscene, or otherwise contrary to applicable local, federal, or international laws and regulations. You are solely responsible for the content of any information you provide to CouponCabin.

  6. LOCATION-BASED SERVICES

    If you use location-enabled services in any application created or distributed by us (such as maps in a mobile application), you may be sending us location information. This information may reveal your actual location (such as GPS data) or it may not, such as when you submit a partial address to look at a map of the area.

  7. CONTENT DISCLAIMER

    Without limiting the disclaimer of warranties set forth below, all content or other material found on, provided by or through or included as part of the Services is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. CouponCabin is not liable for any inaccuracies, errors, omissions or miscalculations in any of the content or other material found on, provided by or through or included as part of the Services, nor are we liable for your reliance on such content or material, or for any occurrences, outcomes or results relating to or arising from such reliance, whether or not such consequences were foreseeable. CouponCabin is not responsible for any statements, warranties, representations, offers, events or advertisements made by any third party in any content or other material found on, provided by or through or included as part of the Services.

  8. PRIVACY

    Use of the Services is further governed by CouponCabin's Privacy Policy, which is incorporated into this Agreement by reference.

  9. DISCLAIMER OF WARRANTIES

    COUPONCABIN AND ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SERVICES, THE SUITABILITY OF THE CONTENT, INFORMATION, SERVICES, OR MATERIALS CONTAINED ON OR RECEIVED THROUGH USE OF THE SERVICES, OR ANY SITES LINKED TO OR FROM THE SERVICES, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH OR AS A RESULT OF INFORMATION PROVIDED BY THE SERVICES. ALL INFORMATION AND USE OF THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

    COUPONCABIN AND ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THE SERVICES, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THE SERVICES, AND ANY SERVICES OR PRODUCTS RECEIVED THROUGH THE SITE OR INFORMATION PROVIDED BY THE SERVICES, INCLUDING BUT NOT LIMITED TO ALL EXPRESS, STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, OR WITH RESPECT TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF ANY CONTENT, INFORMATION, SERVICES, OR OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THE SERVICES OR ANY SITES LINKED TO OR FROM THE SERVICES. YOUR USE OF THE SITE IS SOLELY AT YOUR RISK. YOU AGREE THAT YOU HAVE RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT.

    COUPONCABIN AND ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, AND LICENSORS DO NOT WARRANT THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THE SERVICES IS FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.

    IN THE EVENT THAT ANY APPLICABLE LAW DOES NOT PERMIT THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

  10. LIMITATION OF LIABILITY

    UNDER NO CIRCUMSTANCES SHALL COUPONCABIN OR ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THE SERVICES, THE PRODUCTS OR SERVICES LISTED OR ADVERTISED ON THE SERVICES, OR ANY SERVICES OR PRODUCTS RECEIVED, POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COUPONCABIN OR ITS OFFICERS, MEMBERS, MANAGERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, ADVERTISERS, VENDORS, OR PRODUCT OR SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

  11. INDEMNIFICATION

    You agree to defend, indemnify, and hold harmless CouponCabin, its advertisers, vendors, product and service providers, licensors, parents, subsidiaries and other affiliated companies, and their employees, contractors, members, managers, officers, shareholders, agents and directors from all liabilities, claims, losses, damages, obligations, costs, and expenses, including attorney's fees, that arise from or relate to (a) your use of and access to the Services, or any services, information or products from the Services; (b) your violation or breach of any of the terms of this Agreement or your representations and warranties; (c) your violation of the rights of any third party, including but not limited to any copyright, property, or privacy right; or (d) any claim that one or more of your submissions to the Services has caused damage to a third party. This defense and indemnification obligation will survive your use of the Services. CouponCabin reserves the right to assume the exclusive defense and control of any claim for which we or any of the indemnitees listed above are entitled to indemnification hereunder. In such event, you shall pay all fees and costs for such defense and shall provide us with such cooperation at no charge as is reasonably requested by us to assert any available defenses.

  12. If you believe in good faith that any content or other material found on the Services has been copied in a way that constitutes copyright infringement, you may forward the following information to our Copyright Agent at copyrightnotices@couponcabin.com: (i) your contact information, including your name, address, telephone number, and email address; (ii) identification and description of each copyrighted work that you claim has been infringed; (iii) the exact URL or location of the material that you claim is infringing; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (vi) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owners.

  13. CouponCabin may suspend or terminate this Agreement or a user's use immediately upon receipt of any notice which alleges that a user has used the Services for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, CouponCabin may disclose the user's identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and CouponCabin shall not be liable for damages or results thereof and user agrees not to bring any action or claim against CouponCabin for such disclosure.

    The failure of CouponCabin to comply with this Agreement because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the control of CouponCabin shall not be deemed a breach of this Agreement.

  14. THIS AGREEMENT

    This Agreement, together with the Privacy Policy, constitutes the entire agreement between the parties related to the subject matter thereof, supersedes any prior or contemporaneous (oral, written or electronic) agreement between the parties and shall not be changed except by written agreement signed by an officer of CouponCabin. If any provision of this Agreement is found by a proper authority to be unenforceable or invalid, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions. The section headings in this Agreement are for convenience only and must not be given any legal import.

  15. TRANSFER OF RIGHTS

    This Agreement, and any rights and licenses granted hereunder, may not be assigned or transferred by you but may be assigned or transferred by CouponCabin without restriction.

  16. DISPUTE RESOLUTION

    1. Binding Arbitration

      Except for the exclusions and restrictions set forth below in this Section 16, you and CouponCabin agree that any and all disputes, claims or controversies between you and CouponCabin arising out of or relating to this Agreement (including the interpretation, making, performance, breach or termination thereof) or any use of the Services (“Claims”) shall be settled by final and binding arbitration before a single arbitrator under the Commercial Arbitration Rules (“Rules”) of the American Arbitration Association (“AAA”) by a single arbitrator appointed by the AAA in accordance with the Rules, or by such other arbitration association as mutually agreed by the parties. Arbitration proceedings shall take place in Cook County, Illinois, in the English language. Judgment on the award rendered by the arbitrator shall be final and may be entered by any court having jurisdiction over the parties for purposes of enforcement. The arbitrator shall not have authority to award punitive damages. For purposes of this Agreement, “Claims” includes the validity, enforceability or scope of this dispute resolution section (with the exception of the enforceability of the class action waiver provision set forth below) and “CouponCabin” means CouponCabin and its parents, subsidiaries and affiliated companies and each of their respective owners, officers, directors, employees and agents. This arbitration undertaking is made pursuant to and in connection with a transaction involving interstate commerce, and shall be governed by and construed and interpreted in accordance with the Federal Arbitration Act at 9 U.S.C. Section 1, et seq. This arbitration provision shall survive termination of this Agreement. If an award granted by the arbitrator exceeds $75,000, either party can appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-arbitrator panel will be selected according to the rules of the arbitration organization.

    2. Class Action Waiver

      You and CouponCabin agree that all Claims will be arbitrated on an individual basis and that there will be no class, consolidated or representative actions in arbitration. There shall be no right or authority for any claims to be arbitrated or litigated on a class action or consolidated basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other users or other persons similarly situated. You and CouponCabin may not participate in a class or representative action against the other party as a class member if the class action asserts claims that would fall within the scope of this arbitration agreement if they were asserted directly. You and Coupon Cabin agree that this class action waiver is an essential part of the arbitration agreement and that the class action waiver may not be severed from the arbitration agreement. If this class action waiver is found to be unenforceable by any court or arbitrator, then the entire arbitration agreement set forth wherein will not apply to any Claim between the parties. If the arbitration agreement is found to be unenforceable by any court or arbitrator, then you and CouponCabin agree that any proceedings in court will be conducted on an individual basis and that there will be no class or representative actions.

    3. Severability

      If any clause within this dispute resolution section (other than the class action waiver clause set forth above) is found to be unenforceable by any court or arbitrator, that clause will be severed from this dispute resolution section and the remainder will be given full force and effect. If a Claim proceeds in court or is not subject to arbitration, you and CouponCabin waive, to the fullest extent allowed by law, any right to jury trial.

    4. Excluded Claims

      You and CouponCabin agree that the following will not be subject to arbitration (“Excluded Claims”): (1) any and all Claims relating to the validity or infringement of any party’s intellectual property right (such as trademarks, trade dress, copyright and patents), (2) any and all Claims relating to or arising from allegations associated with Section 3 (Use of the Site and Services) of this Agreement or any other unauthorized use of the Services; and (3) any Claim where you or CouponCabin are seeking a preliminary injunction.

    5. Fees

      In the event that either party initiates a proceeding involving any Claim (except for any Excluded Claim) other than an arbitration in accordance with this Section 16, or initiates a proceeding involving a Claim other than in the forum specified in Section 17 below, the other party shall recover all attorneys' fees and expenses reasonably incurred in enforcing this agreement to arbitrate and the forum to which the parties have herein agreed.

  17. CHOICE OF LAW AND FORUM

    The Services (excluding third party linked sites) can be accessed from all 50 States as well as from other countries around the world to the extent permitted by the Services and applicable law. As each of these places may have differing laws, by accessing the Services, both you and CouponCabin agree that the statutes and laws of the State of Illinois shall apply to any and all Claims, without regard to conflicts of laws principles thereof. For any Claims that are not subject to arbitration or that proceed in court, you and CouponCabin agree that the exclusive jurisdiction and venue for proceedings involving any such Claim shall be the courts of competent jurisdiction sitting within Cook County, Illinois, and you and CouponCabin hereby waive (i) any argument that any such court does not have personal jurisdiction or that any such court is not appropriate or convenient and (ii) to the fullest extent allowed by law, any right to jury trial. Any legal proceedings shall be conducted in English. CouponCabin makes no representation that materials and content found on, provided by or through or included as part of the Services are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. This Agreement shall not be governed by the United Nations Convention on Contracts for the Sale of Goods.

  18. SEPARATE TERMS AND CONDITIONS

    In connection with your use of the Services, you may be asked to consent to policies or terms and conditions in addition to these Terms. Please read these supplemental policies and terms carefully before making any use of such portions of the Services. Any supplemental terms will not vary or replace these Terms regarding any use of the Services, unless otherwise expressly stated.

  19. CONTACT INFORMATION

    Please submit any questions, complaints or issues related to the Services or your use of the Services here.