Terms & Conditions
Last Updated: July 27, 2016
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.
- LINKS TO THIRD PARTY SITES
- INTELLECTUAL PROPERTY RIGHTS
- USE OF THE SITE AND SERVICES
- CASHBACK PROGRAM TERMS
- SUBMISSIONS AND USER CONTENT
- LOCATION-BASED SERVICES
- CONTENT DISCLAIMER
- DISCLAIMER OF WARRANTIES
- LIMITATION OF LIABILITY
- COPYRIGHT POLICY
- LEGAL COMPLIANCE
- THIS AGREEMENT
- TRANSFER OF RIGHTS
- DISPUTE RESOLUTION
- CHOICE OF LAW AND FORUM
- SEPARATE TERMS AND CONDITIONS
- CONTACT INFORMATION
LINKS TO THIRD PARTY SITES
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 shall not be responsible for the timing or operation of any expiration dates of coupons, promotions, discounts or other offers published on the Services, which are under the sole and exclusive control of the online merchants or third party sites to which you will be transferred from the Services. 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.
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.
USE OF THE SITE AND SERVICES
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.
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.
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.
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.
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.
The use, in connection with the Services, of an email address that self-destructs after a limited time period (such as minutes, hours or days after use), redirects to a separate email address, is designed or intended to be temporary or of a limited lifespan, or otherwise functions as a temporary or untraceable email address (any of the foregoing, a “Temporary Email Address”) is prohibited, and you agree that you will not access or register with the Services using any Temporary Email Address.
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.
Location/Consent to Transfer
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.
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.
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.
CASHBACK PROGRAM TERMS
You may enroll in the CouponCabin Cashback Program and earn cashback on purchases made at stores and merchants featured on the Services (both the program and associated cashback referred to herein as "Cashback"). These special terms and conditions govern your eligibility and participation in Cashback. By participating in Cashback, you signify your agreement to these Terms, including the following special terms and conditions.
Cashback 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 Cashback you have been credited with, and it will enable CouponCabin to inform you when your account is credited with Cashback. Participation in Cashback is limited to individuals that are 18 years of age or older.
To earn Cashback, you must make a "Qualifying Purchase." You make a Qualifying Purchase 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, and such purchase must not fail to become or cease to be a Qualifying Purchase (as further detailed below) or otherwise violate these Terms. In addition, you may earn Cashback by clicking on any coupon marked "Grocery Coupon" on CouponCabin.com, up to a limit of five clicks per member per calendar day. As a condition precedent to earning Cashback: (a) you must be 18 years of age or older at the time of completing a Qualifying Purchase; (b) you must be logged in to MyCabin with your particular username; (c) you must connect to the website of a Participating Merchant from a designated Cashback link on CouponCabin.com; (d) you must complete your transaction online on the U.S. website of the Participating Merchant; (e) you must have cookies enabled on your web browser; (f) you must be a legal resident of and maintain a valid mailing address in the United States or Canada; (g) you must provide complete and accurate Account and Payment Information (as defined in Section 4.C.VI. below). A list of Participating Merchants can be found here.
Reasons why a purchase may not become a Qualifying Purchase include (but are not limited to) the following:
- You were not logged in to MyCabin with your MyCabin login credentials
- You visit other websites or make other unrelated clicks after your click on CouponCabin.com but before completing your transaction with the Participating Merchant
- You did not have cookies enabled on your web browser
- You complete multiple, separate transactions on a Participating Merchant’s website without returning to such Participating Merchant’s page on CouponCabin.com
- 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
- You clicked on or used a coupon or offer not specifically designated or shown as being eligible for Cashback
- You change your order, replace your order with a new order, or exchange your order directly with or by phone with the Participating Merchant without visiting CouponCabin.com (including in connection with price match guarantees or other special offers by, or policies of, the Participating Merchant)
- Your purchase or transaction falls within restrictions imposed by a Participating Merchant
- The Participating Merchant for any reason fails to pay to CouponCabin the commission owed with respect to your purchase or transaction
- There is a failure of a tracking mechanism used by the Participating Merchant or its affiliate network responsible for tracking your purchase or transaction
- Your payment method used for a transaction was declined or failed to process for any reason and you subsequently completed the transaction with an alternate payment method
- You had pop-up or ad-blocking software (such as, but not limited to, Block Pro, Zone Alarm, Norton, AdBlock Pro or Adblock Plus) or privacy software installed and functioning on your browser or computer, or you used the anonymous browsing function on your browser
- You made your purchase with the Participating Merchant offline or by phone and not on the Participating Merchant’s website
- Your purchase or transaction was made online but for in-store pick-up
- 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
- You completed your purchase or transaction on a mobile device (not all mobile transactions are tracked or reported correctly to CouponCabin)
- You used the mobile application of, or offered specifically by, the Participating Merchant to complete your purchase or transaction
- 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
- 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
- The transaction was for a free trial or free product, which does not qualify as a Qualifying Purchase
- The transaction is not sent or the order not completed during the eligible Cashback offer period. This may apply to, among other transactions (and not limited to), orders for travel, event tickets, flowers, backorders, subscriptions, auto-replenishments, future installment or recurring orders, and services that are to be fulfilled in the future
- The transaction or purchase was made for an international location or delivery destination
- You or the Participating Merchant completed your transaction or purchase using an electronic wallet or through a third party, or the Participating Merchant used a mobile or wireless card reader to process your transaction. In such cases, CouponCabin may not receive information identifying your transaction
Reasons why a purchase may cease to be a Qualifying Purchase include (but are not limited to) the following:
- The purchase is returned to, exchanged at, or cancelled with the Participating Merchant (including in connection with price match guarantees or other special offers by, or policies of, the Participating Merchant)
- You modify the purchase or order in any way directly with or by phone with the Participating Merchant
- The Participating Merchant alters the terms or conditions of the purchase
- If any Cashback guidelines posted on the Participating Merchant page on CouponCabin.com are not met
- You used a coupon, offer or coupon code not authorized by the Participating Merchant (whether provided in error by CouponCabin.com or otherwise) to make your purchase or transaction
- The transaction is not sent or the order not completed during the eligible Cashback offer period. This may apply to, among other transactions (and not limited to), orders for travel, event tickets, flowers, backorders, subscriptions, auto-replenishments, future installment or recurring orders, and services that are to be fulfilled in the future
- You fail to provide all required Account and Payment Information within 180 days from the date of the purchase or transaction
Determination of whether or not a purchase made at a Participating Merchant is a Qualifying Purchase is at the sole and absolute discretion of CouponCabin. Members will not receive Cashback in connection with Qualifying Purchases that cease to be Qualifying Purchases.
Amount of Cashback
Please note that Cashback on Qualified Purchases is calculated based on the net purchase amount, excluding (among other things) taxes, fees, shipping, gift-wrapping, installation fees, discounts (including promo codes) or credits (including gift card usage), bundled offers, returns or cancellations, rebates, finance charges, labor costs for home or auto services, prescriptions, lottery tickets, phone cards, money orders, extended warranties and any other exclusions or special terms applied by the particular Participating Merchant.For each click you make on a coupon marked "Grocery Coupon" on CouponCabin.com, $0.02 Cashback is earned, up to a limit of five clicks per member per calendar day or $0.10 per calendar day. Such Cashback earned from clicks on grocery coupons is not eligible for and cannot be combined with any Cashback bonuses or rewards offered by CouponCabin. The amount of Cashback on Qualified Purchases varies by Participating Merchant, product and product category. The Cashback percentage generally applicable, to the best of our knowledge, for a Participating Merchant will be shown on such Participating Merchant’s page on CouponCabin.com. Each Cashback-eligible link, coupon or offer will show the Cashback percentage that, to the best of our knowledge, will apply to such purchase or transaction. The actual Cashback amounts credited and paid to you are based solely on payment received by CouponCabin from the Participating Merchant, and therefore (i) are subject to any exclusions or special terms applied by the Participating Merchant with respect to your purchase or transaction and (ii) may differ from the posted Cashback percentage if the Participating Merchant, for any reason, uses a different commission rate than was anticipated or if the Participating Merchant does not provide sufficient information to CouponCabin regarding the commission rate used (in which case CouponCabin will use commercially reasonable efforts to determine the commission rate used and adjust the Cashback percentage accordingly). If payment from the Participating Merchant to CouponCabin is less than expected, for any reason, the amount of Cashback credited to your account will be reduced accordingly. For purchases or transactions that do not qualify as Qualifying Purchases (see Section 4.B. above) or for Qualifying Purchases that cease to be Qualifying Purchases (see Section 4.B. above), you will not receive Cashback. CouponCabin reserves the right to make adjustments for returns, system errors, cancellations, credit card reversals and any suspected fraud or abuse, as determined in the sole and exclusive discretion of CouponCabin. All Cashback amounts are shown in U.S. dollars. Any Cashback amounts related to purchases or transactions reported to CouponCabin in Canadian dollars are converted to U.S. dollars at a 1-to-1 rate for purposes of determining your Cashback amount.
Tracking Problems and Errors in Transaction Processing or Advertisements
CouponCabin is not responsible for errors made by a Participating Merchant, affiliate tracking networks or merchant networks in processing or reporting transactions, or for any tracking problems resulting from incorrect usage of the Services, from errors made by a Participating Merchant, from failure or errors in the tracking or reporting mechanisms of Participating Merchants, affiliate tracking networks or merchant networks, from cookies being disabled on your browser, from the failure to place cookies due to use of privacy software or anonymous browsing, or from any other failure of tracking mechanisms or software. As set forth above, such errors or tracking problems may result in failure to be credited with Cashback in connection with a particular transaction. If a Participating Merchant fails to report or send information regarding a purchase or transaction, CouponCabin is not required to credit your account for such unreported transaction. CouponCabin is not responsible for any errors or inaccuracies in advertisements. 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.
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 Qualifying Purchase.
To earn Cashback and to receive payment of accrued Cashback, you must establish and maintain an active MyCabin account with full and accurate Account and Payment Information, which shall include, among other items, the information necessary to process your payment. Cashback is not earned and 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 all Account and Payment Information as described below.
Purchase Information Posted and Pending Period
A Qualifying 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 Qualifying Purchase. Once posted to your account, the Qualifying Purchase and related Cashback will appear in the “My Pending Cashback” section of your account page for a period of 60 days (the “Pending Period”). During the Pending Period, adjustments may be made to such Cashback as a result of adjustments by the Participating Merchant as described in Sections 4.B.I. above and 4.D. below. After the expiration of the Pending Period, such Qualifying Purchase and related Cashback information will move to the “My Next Payment” section of your account page.
Timing of Payments
Subject to your continued compliance with these Terms, a payment will be made to you or to the eligible nonprofit or charitable organization chosen by you approximately 10 days after the end of the calendar month in which the Cashback in the “My Next Payment” section of your MyCabin account (which excludes any Cashback in pending status) 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 Qualifying Purchase and related Cashback information with respect to certain Qualifying 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.)
The account minimum is currently $10.00 in Cashback. Upon reaching the account minimum, you acquire a conditional right to receive payment of the Cashback in your account. Deductions to the Cashback in your account will be made in respect of previous Cashback payments, returned or exchanged merchandise, or Inactive Account maintenance charges (as described below). If you have less than the Cashback account minimum in your account, the Cashback amounts roll over to the next scheduled payment period, subject to the Inactive Account provisions below.
CouponCabin makes all Cashback payments in U.S. dollars. Payments are made via check or via Paypal, as you specify in your MyCabin account. Payments may instead be directed to an eligible nonprofit or charitable organization as described below. CouponCabin may in the future add other online payment options. Residents of Canada may receive payment via PayPal only and are subject to, and should refer to PayPal for information on, PayPal’s terms and conditions regarding currency conversion rates and fees. If your check expires without being cashed or deposited or if it is returned to CouponCabin, the Cashback amount will be returned to your account, where your account balance may be subject to Inactive Account maintenance charges (as described below).
Date Cashback Posted By Eligible Payment Date September 30 November 30 October 31 December 31 November 30 January 31 December 31 February 28 January 31 March 31 February 28 April 30 March 31 May 31 April 30 June 30 May 31 July 31 June 30 August 31 July 31 September 30 August 31 October 30
Donation to Nonprofits
You have the option to direct that any Cashback payment that you are eligible to receive be sent instead to an eligible nonprofit or charitable organization on your behalf, as a donation, through CouponCabin. You can direct such donation to be made from your MyCabin account page by choosing the nonprofit or charitable organization from the eligible organizations in the drop-down box. If donor and donee requirements under the Internal Revenue Code are met, directing any such eligible Cashback payment to be sent by CouponCabin on your behalf as a donation to an eligible nonprofit or charitable organization would be structurally qualified to enable a tax deduction by you. As set forth in more detail in Section 4.J.d. below, CouponCabin is not qualified to offer, and nothing in these Terms or on the CouponCabin Website or in communications from CouponCabin should be construed or relied upon as, tax advice on the tax deductibility of the donation of any Cashback payment made by you through CouponCabin to an eligible nonprofit or charitable organization.
Required Account and Payment Information and Communications
As a condition precedent to earning and receiving any payment of Cashback, you will need to provide the information necessary to set up your MyCabin account and process any payments, and keep such information up to date (such information referred to herein as “Account and Payment Information”). Account and Payment Information shall include, without limitation, your username, password any other login credentials or information required to set up a MyCabin account, a valid mailing address in the United States or Canada and, if applicable, any information required to make a payment to you through PayPal or other online payment service option offered by CouponCabin. You must provide your Account and Payment Information on your account page on CouponCabin.com prior to your first eligible payment date. In order to earn any Cashback and receive any payment of Cashback or direct any such payment to be sent as a donation on your behalf to an eligible nonprofit or charitable organization, these Terms require that, prior to the applicable eligible payment date listed above, (i) you have the Cashback 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.
As set forth above, you must provide a valid mailing address in the United States or Canada (or, if applicable, information enabling a payment to be made to you through PayPal or other online payment service option offered by CouponCabin) as part of your Account and Payment Information. Such information is required for you to earn and receive any payment of Cashback, and must be provided prior to your first eligible payment date. If your Account and Payment Information does not include a valid mailing address (or, if applicable, information enabling a payment to be made to you through PayPal or other online payment service option offered by CouponCabin) at the time of making a Qualifying Purchase, then as a courtesy CouponCabin will grant you a grace period of 180 days from the date on which you make a Qualifying Purchase to provide to CouponCabin such mailing address (or, if applicable, information enabling a payment to be made to you through PayPal or other online payment service option offered by CouponCabin). Such grace period will be extended by 180 days following any additional Qualifying Purchase. If you do not provide a valid mailing address (or, if applicable, information enabling a payment to be made to you through PayPal or other online payment service option offered by CouponCabin) during such grace period, no purchase(s) made by your account will qualify as a Qualifying Purchase and, as such, there will be no Cashback associated with any such purchase(s). In such event, CouponCabin reserves the right to terminate your membership and MyCabin account.
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. Your use of any Temporary Email Address (as defined above) in connection with your account is prohibited. 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.
Cashback in your MyCabin account is not earned and 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, or issued as a donation on your behalf to an eligible nonprofit or charitable organization and properly cashed). 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. If your account does not include valid and accurate Account and Payment Information, no Cashback may be earned and any potential Cashback shall have no value until you provide all such Account and Payment Information and otherwise satisfy all of the requirements set forth in these Terms.
You are responsible for reviewing the Cashback balance in your account on a regular basis and for checking to ensure that all Cashback has been properly credited to your account. If you notice a discrepancy in your account, including but not limited to purchases or transactions missing or not correctly posted to your account, you are required to notify us within ninety (90) days after the date of the purchase causing the possible discrepancy. Such notification may be provided by email at email@example.com or, for missing or incorrect purchases or transactions, by submitting a missing cashback reward form. If you fail to notify us within that ninety (90) day period, your Cashback balance shall be deemed to be accurate and you hereby waive any right to dispute such discrepancy.
Cashback 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 firstname.lastname@example.org within ninety (90) days after the disputed adjustment has been posted to your account. If you fail to contact us within that ninety (90) day period, your sole recourse is to terminate your account.
Any member's account that has not been credited with a Qualifying Purchase during any rolling 12 consecutive calendar month period is declared an “Inactive Account.” If your account becomes an Inactive Account, CouponCabin reserves the right to debit your Cashback 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 Qualifying Purchase or updating your Account and Payment Information, or (2) the Cashback 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 Cashback balance two dollars ($2.00) in each instance to recover associated administrative costs.
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 Cashback, or for any effect on accrual of your Cashback caused by or resulting from such changes, discontinuance or withdrawal.
Termination of Program
CouponCabin reserves the right to terminate Cashback in whole or in part at any time with notice to the email address used to register your MyCabin account. In the event Cashback is terminated, payment of your remaining Cashback 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 Cashback 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.
Bonuses and Promotions
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 to the extent such terms and conditions expressly differ from or clearly conflict with this Agreement. CouponCabin reserves the right in its sole discretion to modify or discontinue any aspect of, or terminate altogether, any bonus or other reward programs or promotions offered as part of Cashback, including any New Account Bonus or other bonus Cashback.
- New Account Bonus: CouponCabin may from time to time offer a Cashback sign-up bonus of $5.00 or more (“New Account Bonus”) for creating a new MyCabin account and joining the Cashback 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 member must establish an account and make minimum Qualifying Purchases totaling at least $100.00 (the “New Account Bonus Minimum”) within ninety (90) days of the New Account Bonus appearing in the member’s account. The New Account Bonus Minimum may change from time to time as publicly announced by CouponCabin, and in each such case the most recently announced New Account Bonus Minimum shall apply to new Cashback members who join following the date of announcement (for new Cashback members who joined prior to such date of announcement and are eligible for the New Account Bonus, the previous New Account Bonus Minimum shall apply). Failure to meet any of the requirements for the New Account Bonus, including making such minimum Qualifying Purchases within such ninety (90) day period, will result in expiration and forfeit of the New Account Bonus.
- Bonus Cashback: CouponCabin may from time to time offer bonus Cashback to select members, in the sole and exclusive discretion of CouponCabin. Any bonus percentage offered is the percentage that will be applied to the Cashback you receive on Qualified Purchases as part of the Cashback program. (By way of example only: if a member qualifying for bonus Cashback at a 10% bonus rate completes a Qualified Purchase that results in $12.00 of Cashback, such member will receive an additional $1.20 of bonus Cashback.) The bonus Cashback percentage will not apply to Cashback from separate or special offers or bonuses (including Members Only and other Special Cashback Offers) that may be offered from time to time as part of the Cashback program. Bonus Cashback (and the related bonus percentage) is not transferable and is void where prohibited by law. For an order to qualify toward moving to a new bonus tier, it must be a Qualified Purchase completed in accordance with these Terms.
All terms and conditions of the Cashback program, including but not limited to those relating to earning and receiving Cashback, continue to apply to all Cashback members and transactions in connection with any bonus or other reward programs or promotions offered as part of Cashback. 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. The New Account Bonus is subject to the same Pending Period as applicable to normal Qualifying Purchases and related Cashback, as detailed in Section 4.C.I above, and the Pending Period will begin to run once all conditions set forth above for the New Account Bonus are satisfied.
Members Only and Special Cashback Offers
CouponCabin may from time to time offer special Cashback offers (“Special Cashback Offers”) to existing or new Cashback members relating to transactions with certain Participating Merchants, as part of its Cashback Program. SPECIAL CASHBACK OFFERS ARE EXCLUSIVELY CREATED AND OFFERED SOLELY BY COUPONCABIN AS PART OF ITS CASHBACK PROGRAM AND NOT BY ANY MERCHANTS. DOLLAR AMOUNTS AND SAVINGS WILL NOT BE REFLECTED OR SHOWN ON THE MERCHANT WEBSITE AT CHECKOUT OR DURING THE TRANSACTION AS A DISCOUNT. NO MERCHANT HAS SPONSORED ANY SPECIAL CASHBACK OFFER, AND NO MERCHANT HAS ANY RESPONSIBILITY OR LIABILITY FOR THE STATED SAVINGS, WHICH IS SOLELY IN THE FORM OF CASHBACK FROM COUPONCABIN.
From time to time, a Special Cashback Offer may include a promo code that can be entered at checkout on the website of the Participating Merchant for an immediate discount. In such cases, this discount is offered by the Participating Merchant and is separate from the CouponCabin Cashback Program, and if eligible for use will reduce the transaction amount at the time of checkout. Promo codes are subject to exclusions and special terms applied by the Participating Merchant, which may render the code ineligible for your transaction. Any discount that is applied will reduce the amount of the Qualifying Purchase(s) to be counted toward the Special Cashback Offer purchase threshold or the amount to which the applicable Cashback rate is applied.
Special Cashback Offers Generally
Parameters such as the amounts and eligibility requirements applicable to each such Special Cashback Offer will be set forth together with, and shall apply to, such offer. Special Cashback Offers are part of the CouponCabin Cashback Program, and as such are subject to these Terms in every respect, and by using a Special Cashback Offer you agree to be bound by such Terms. Special Cashback Offers are valid online only and cannot be used offline, with phone orders or in-store (in-store includes orders placed online but picked up in-store), and to earn the Cashback offered in Special Cashback Offers, you must complete your transaction in accordance with and adhere to Section 4 of these Terms. All aspects of the Cashback earned or offered in Special Cashback Offers, as well as the administration of Special Cashback Offers, are governed by these Terms, including but not limited to Section 4.B. (Earning Cash Back), Section 4.C. (Payments and Timing) and Section 4.J. (Member Obligations and Restrictions). In the event of an express conflict between the parameters set forth with a Special Cashback Offer and these Terms, these Terms shall control. The Cashback offered in a Special Cashback Offer applies only to Qualifying Purchases, in accordance with the Terms. Orders must be placed online on the U.S. website of the Participating Merchant to be a Qualifying Purchase, and online orders/purchases for international locations are also excluded. In the event that you make a transaction in connection with a Special Cashback Offer that includes Qualifying Purchase(s) but for any reason does not meet the parameters of a particular Special Cashback Offer, the Cashback percentage generally applicable for such Participating Merchant shall apply to any Qualifying Purchase, as described more fully in paragraph VI below.
- Single use: Certain Special Cashback Offers will be limited to a one-time, single use (1 use) per Cashback account, or to new Cashback members only in connection with the initial registration of a new Cashback account. Any use of multiple accounts, or other fraudulent or abusive action, in violation of Section 4.J. of these Terms in connection with Special Cashback Offers is prohibited, and each such account is subject to, in the sole discretion of CouponCabin, cancellation and the loss of Cashback and any other credits. In the event that any natural person is shown to be or is suspected of maintaining more than a single account, in the sole and absolute discretion of CouponCabin, CouponCabin will have the right to terminate all such accounts and/or to prohibit such person from rejoining under or registering a new account. Any and all determinations of fraudulent or abusive activity in violation of Section 4.J. of these Terms is in the sole and absolute discretion of CouponCabin.
- Applicable purchase threshold: Certain Special Cashback Offers will require a purchase threshold to be met. In connection with any such Special Cashback Offers, the purchase threshold must be met by, and Cashback is calculated based on, Qualifying Purchases in an amount that excludes (among other things) taxes, fees, shipping, delivery, tip, gift-wrapping, installation, discounts (including promo codes) or credits (including gift card usage), bundled offers, returns or cancellations, rebates, finance charges, labor costs for home or auto services, prescriptions, lottery tickets, phone cards, money orders, extended warranties and any other specific exclusions or special terms (which may exclude particular items or transactions) applied by the particular Participating Merchant, all as set forth in more detail in Section 4.B.I. above. If you order an item or make a Qualifying Purchase in connection with a Special Cashback Offer prior to the applicable expiration date, but the item is not sent or the order not completed until after such expiration date, such order or Qualifying Purchase may not count towards determining whether the purchase threshold has been met. This may apply to, among other transactions (and not limited to), orders for travel, event tickets, flowers, backorders, subscriptions, auto-replenishments or services that are to be fulfilled in the future.
- Offer Maximums There may be a maximum limit on the amount of Cashback that may be earned on a Qualifying Purchase in connection with a Special Cashback Offer. Such maximum will be clearly stated together with the Special Cashback Offer, and it represents the maximum amount of Cashback a member may earn on a Qualifying Purchase in connection with such Special Cashback Offer.
- Expiration dates: A Special Cashback Offer may be subject to an expiration date, which will be clearly stated together with the Special Cashback Offer, and any transaction in connection with a Special Cashback Offer completed after such expiration date will not be eligible for Cashback indicated in the Special Cashback Offer (but may be eligible for Cashback at the percentage generally applicable for such Participating Merchant, as described in paragraph VI below). Any expiration date stated with respect to a Special Cashback Offer shall mean an expiration time of 11:59 PM Pacific Time on such date. If you order an item or make a Qualifying Purchase in connection with a Special Cashback Offer prior to the expiration date, but the item is not sent or the order not completed until after such expiration date, such order or Qualifying Purchase will not be eligible for Cashback indicated in the Special Cashback Offer. This may apply to, among other transactions (and not limited to), orders for travel, event tickets, flowers, backorders, subscriptions, auto-replenishments or services that are to be fulfilled in the future.
- Changes to Special Cashback Offers: Special Cashback Offers are subject to change or cancellation or extension at any time, with or without notice. CouponCabin reserves its rights to change or cancel any Special Cashback Offer at any time, regardless of posted expiration date. The posting of an expiration date shall not, and shall not be deemed to, create any obligation on the part of CouponCabin to maintain a Special Cashback Offer through such expiration date.
- No retroactive credit: In the event that, following your use of a Special Cashback Offer, CouponCabin offers a similar Special Cashback Offer in a greater or lesser amount, CouponCabin shall have no obligation to match the new Special Cashback Offer or retroactively credit/debit your Cashback account in such greater/lesser amount. In such event, CouponCabin may, in its sole and exclusive discretion, honor a request for retroactive credit/debit, but it shall in no way be obligated to do so.
- Specified Participating Merchant only: A Special Cashback Offer shall be limited to transactions with the Participating Merchant specified in the Special Cashback Offer, regardless of any policies or practices of such Participating Merchant, and is not eligible for use at any competitor or corporate affiliate of such Participating Merchant or any other merchant or store.
- Purchase information posted: As set forth in more detail in Section 4.C.I. above, Qualifying Purchase(s) will be posted to your account after the Participating Merchant reports the completion of the purchase or transaction to CouponCabin. CouponCabin may not receive information about your Qualifying Purchase(s) from the Participating Merchant until all items from your Qualifying Purchase have been provided or shipped. If CouponCabin does not receive information from the Participating Merchant that identifies your transaction as qualifying for the Special Cashback Offer, you will not receive the Cashback associated with such Special Cashback Offer.
Combining Special Cashback Offers
Special Cashback Offers are not eligible to be combined with any special Cashback bonuses or rewards offered by CouponCabin. Provided, however, that for existing Cashback members, Qualifying Purchases made in connection with a Special Cashback Offer do count towards any unmet threshold applicable to (i) the New Account Bonus described in Section 4.H. and/or (ii) in connection with any bonus for referring new Cashback members.
Common Types of Special Cashback Offers
The following are examples of three common types of Special Cashback Offers. This list is not intended to be exhaustive, and CouponCabin reserves the right in the future to offer Special Cashback Offers that differ from the examples below. Some Special Cashback Offers may fit within or share the characteristics of more than one of the examples below. The parameters of each Special Cashback Offer will be set forth together with the Special Cashback Offer. Each Special Cashback Offer is subject to the conditions and limitations set forth in paragraph III above.
- Threshold based: In order to receive the Cashback offered, you must meet the purchase threshold set forth with the Special Cashback Offer, and such threshold must be met by Qualifying Purchases in an amount that excludes taxes, fees, shipping, delivery, tip, gift-wrapping, installation, discounts (including promo codes) or credits (including gift card usage), bundled offers, returns or cancellations, rebates, finance charges, extended warranties and any other specific exclusions or special terms (which may exclude particular items or transactions) applied by the particular Participating Merchant.
- Limited quantity: A limited number of a particular Special Cashback Offer will be offered, and no more than the stated number of Special Cashback Offers will be credited. CouponCabin may elect to increase the stated number of Special Cashback Offers, in its sole discretion.
- New members only: A Special Cashback Offer may be used only by a new Cashback member in connection with the initial registration of a Cashback account. Such Special Cashback Offer is limited to a single use (1 use) and is not eligible for existing Cashback members.
- Product or item specific: A Special Cashback Offer may apply only to specific product(s) or item(s) as stated in the Special Cashback Offer. To the extent any such Special Cashback Offer contains a purchase threshold, only Qualifying Purchases of the product or item specified in the Special Cashback Offer will be counted towards such threshold.
Applicable Cashback Rate
In the event that a you make a transaction in connection with a Special Cashback Offer that includes Qualifying Purchase(s) but for any reason does not meet the parameters of a particular Special Cashback Offer, you will receive Cashback at the percentage generally applicable for such Participating Merchant as applied to the Qualifying Purchase(s) made by you. Reasons why a transaction may not meet the parameters of a Special Cashback Offer include, but are not limited to, (i) returns or cancellations (as set forth in more detail in paragraph VII below), (ii) failure to meet the applicable purchase threshold due to exclusions by the Participating Merchant, (iii) failure to meet the applicable purchase threshold due to the exclusion of taxes, fees, shipping, delivery, tip, discounts or credits, extended warranties or other exclusions listed in paragraph III above, (iv) you did not have cookies enabled on your browser, (v) you visited other websites or made other unrelated clicks after your click on the Special Cashback Offer but before completing your transaction with the Participating Merchant, (vi) you misread the Special Cashback Offer or misunderstood the stated parameters of, or description contained in, the Special Cashback Offer.
CouponCabin will not be responsible for and will not be obligated to honor any Special Cashback Coupon that was posted in error, contains typographical mistakes or, as a result of technical or human error, contains inaccuracies or appears inaccurately on the CouponCabin Website.
Returns, Exchanges or Cancellations
If a Qualifying Purchase is made in connection with a Special Cashback Offer and subsequently returned to, exchanged or cancelled with the Participating Merchant, it will cease to be a Qualifying Purchase and will not be eligible for such Special Cashback Offer. The Cashback balance accrued in your account will be subject to adjustment as a result, in accordance with Section 4.D. of these Terms.
In the event that the return, exchange or cancellation of a Qualifying Purchase results in the failure of the applicable transaction to meet the required purchase threshold of a Special Cashback Offer, the Cashback balance accrued in your account will be adjusted to reflect the removal of the Cashback received in connection with that Special Cashback Offer. At the same time, the Cashback balance accrued in your account will be credited with Cashback at the percentage generally applicable for such Participating Merchant as applied to any Qualifying Purchase(s) made as part of the transaction which included the returned, exchanged or cancelled item(s).
Your continued MyCabin membership and eligibility for Cashback is conditioned upon your compliance with this Agreement.
Fraud or Abuse
You are strictly prohibited from any conduct (i) that corrupts, affects or undermines the legitimate operation of Cashback, or (ii) that manipulates, increases or affects (or in any way has the effect of manipulating or affecting) the accrual, generation or receipt of Cashback through invalid, deceptive or fraudulent means, as determined in the sole and exclusive discretion of CouponCabin. You shall not misrepresent any information or knowingly provide any inaccurate information to CouponCabin (including Account and Payment Information) or any Participating Merchant. 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 Cashback, including with respect to generating clicks of grocery coupons; any suspected misrepresentation of information provided to CouponCabin (including Account and Payment Information) or any Participating Merchant; use of any Temporary Email Address (as defined above) to register your MyCabin account or in connection with your MyCabin account at any time; or any other reason deemed appropriate in CouponCabin’s sole and exclusive discretion. In the event that you continually fail to cash your Cashback 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.
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.
You may maintain only a single MyCabin account in the Cashback program at any given time. Any duplicate accounts are subject to cancellation and the loss of Cashback 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 Cashback (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 Cashback and any other credits.
- You are responsible for maintaining accurate Account and Payment Information at all times, including a valid email address. 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.
- 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.
- Participation is personal to you, and Cashback earned or received may not be assigned or transferred to any third party unless expressly permitted by these Terms or by CouponCabin in writing. The sale, transfer, lending, exchange, pooling or trading of any Cashback (or Cashback payment obligation), other than by CouponCabin, is expressly prohibited. Any Cashback (or Cashback payment obligation) assigned, sold or otherwise transferred in violation of the foregoing is void.
- You acknowledge and understand that CouponCabin is not qualified to offer, and nothing in these Terms or on the CouponCabin Website or in communications from CouponCabin should be construed or relied upon as, tax advice on the tax deductibility of the donation of any Cashback payment made by you through CouponCabin to an eligible nonprofit or charitable organization. You acknowledge that you are solely responsible for your tax returns and any tax deductions taken in connection with donations of Cashback payments. All nonprofit or charitable organizations listed as eligible by CouponCabin to receive donations of Cashback payments are registered and in good standing with the IRS according to GuideStar USA, Inc., a widely known provider of third party information on nonprofits. CouponCabin is not affiliated with GuideStar and makes no representations regarding the accuracy of the GuideStar information, and shall have no liability for any information relating to nonprofit or charitable organizations that is outdated or inaccurate. A member has control of any eligible Cashback payment and voluntarily determines whether or not to direct that such payment be sent on the member’s behalf, as a donation, to an eligible nonprofit or charitable organization through CouponCabin. The member, as donor, and the nonprofit or charitable organization, as donee, must meet the requirements of the Internal Revenue Code and related regulations in order for a tax deduction to be taken by the member. Assuming such requirements are met, directing any eligible Cashback payment to be sent by CouponCabin on your behalf as a donation to an eligible nonprofit or charitable organization would be structurally qualified to enable a tax deduction by the member.
- Cashback 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 Cashback.
- You may owe taxes on Cashback 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 Cashback or any other credits.
- 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 Cashback 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.
SUBMISSIONS AND USER CONTENT
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.
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.
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.
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.
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.
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.
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 email@example.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.
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.
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.
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.
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.
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.
You and CouponCabin agree that the following will not be subject to arbitration (“Excluded Claims”): (1) any Claim relating to the validity or infringement of any party’s intellectual property right (such as trademarks, trade dress, copyright and patents), (2) any Claim relating to or arising from allegations associated with unauthorized use of or access to the Services in violation of Section 3 (Use of the Site and Services) of this Agreement; (3) any Claim where you or CouponCabin are seeking a preliminary injunction; and (4) any Claim proceeding on an individual (non-class, non-consolidated, non-representative) basis filed in a court that is limited to adjudicating small claims.
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.
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.
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.
Please submit any questions, complaints or issues related to the Services or your use of the Services here.