CashClub is an online provider of discount Offers from merchants in your market areas (“Offers”) through our website located at http://pfcashclub.com and other online mediums, such as our Facebook and mobile phone applications (the "Site and our Services").
Permission to use CashClub is conditioned upon your agreement that you:
To use our Services, you will need to register by creating an account, and entering your information into the system. You agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. When you register, you will obtain a User ID. Access to the Site and acceptance of an Offer is not authorized by any other person or entity using your User ID and you are responsible for preventing such unauthorized use. Individuals and entities whose privilege to access the Site or use the Services has previously been terminated may not register for an account, nor may you designate any of those individuals to use your account on your behalf.
We rely on User IDs to know whether users accessing the Site and accepting Offers are authorized. If someone accesses our Site or Services using a User ID that we’ve issued to you, we will rely on that User ID and will assume that access has been made by you. You are solely responsible for any and all access to the Site or Offers by persons using your User ID. Please notify us immediately if you become aware that your User ID is being used without authorization.
Much of the information that you submit to us or we learn through your interest in Offers is not subject to any confidentiality obligation. Information provided in connection with an Offer, may be disclosed or used for commercial purposes.
Any communications between you and us, such as email or other correspondence, in which you offer suggestions or comments for improving or modifying our services will be non-confidential and non-proprietary, and such information may be used by us without any limitation or payment whatsoever.
When you use the Site, you can publish and obtain access to information and materials, ("Content”). Content also includes information and materials posted to the Site by you and others. You will not revise or obscure Content posted by others (including advertising and promotions authorized by us), and you agree not to post or use any Content in any manner that:
You use the Site and Services and accept Offers at your own risk. We may, but are not obligated to, terminate user accounts and/or remove Content from the Site if we determine or suspect that those accounts or Content violate the terms of this Agreement or the applicable agreement with the offending user(s). We take no responsibility for your exposure to Content on the Site whether it violates our content policies or not.
You agree not to do any of the following:
We don't control websites that we may link to that are not owned or operated by us, and we cannot and do not assume responsibility for the content, privacy policies, or practices of such websites. Additionally, we cannot and will not, censor or edit the content of any third party site. You hold us harmless from any and all liability arising from your use of any third party website.
Our Offers from third party merchants form the basis of our Services. We provide members with opportunities to purchase products and services from third party merchants ("Merchants") with a time limited promotional added value (a "Offer").
We provide the Offers to our Members on behalf of Merchants. We originate no goods or services that are part of the Offers and other than allowing Merchants to make Offers through our Site, we are not associated or affiliated with Merchants. Merchants are fully and solely responsible for the sale and delivery of goods and services offered thereby, any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a Member, caused in whole or in part by the Merchant or its products and services. If you choose to participate in an Offer, you do so at your sole discretion and risk. We are in no way responsible, and by using this Site you so agree.
Promotions of the Deal Program
We may offer special promotions, contests and/or sweepstakes intended to provide you an incentive to purchase Offers. If we do so, the applicable rules will be posted on the Site in or near the description of each such promotion. We reserve the right to interpret these rules in our sole discretion, and our interpretation will be final and binding.
Products Available for Sale
The Site can be accessed from countries around the world and some or all products or services offered will not be available for purchase in most jurisdictions or geographic areas. We do not represent or warrant that any product or service offered on the Site will be available for purchase by any particular person, as such products generally are offered in the geographic vicinity of the Merchant’s bricks and mortar store.
There will be no refunds of any membership fees. Whether a refund is available for any Offer you have purchased is solely between you and Merchant.
Multiple Purchases-When Prohibited
Some of the Offers are provided for a limited number of purchasers or a limited number of purchases, as specified for the particular Offer. Any attempt by a Member to obtain more than the permitted number of Purchases specified for an Offer by using multiple or different identities, credit cards, forms, registrations, addresses or any other method will void that Members purchases. If asked by a Merchant we may act as the arbiter as to whether purchase characteristics violate these rules or those of Merchant, and our decision is binding.
We may change or discontinue the Site or any of our Services at any time without prior notice. A Merchant can terminate an Offer at any time, and we can terminate a Membership or a Merchant’s participation on our Site at any time without any liability. We reserve the right to terminate this Agreement at our election and for any reason, without prior notice, and this Agreement will automatically terminate in the event that you violate any of its terms and conditions. In the event of any termination, you will immediately cease access to the Site and Services.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF CASHCLUB. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AFFILIATES, MEMBERS, OFFICERS, DIRECTORS, AGENTS, VENDORS, OR MERCHANTS, FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITE AND SERVICES EXCEED THE GREATER OF (i) ONE HUNDRED TWENTY DOLLARS ($120.00) OR (ii) THE TOTAL AMOUNT OF MEMBERSHIP FEES THAT YOU PAID US DURING THE PREVIOUS ONE-YEAR PERIOD FOR MEMBERSHIP. WE, OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE SITE AND SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, THEN OUR LIABILITY AND THAT OF OUR MEMBERS, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS, SHALL BE LIMITED TO THE SUM ABOVE SET FORTH IN THIS PARAGRAPH. YOU AGREE TO THIS AS A CONDITION TO USING OUR SITE AND SERVICES. THIS DOES NOT LIMIT ANY RIGHTS YOU MAY HAVE AS TO A MERCHANT.
You agree to defend, indemnify and hold harmless us, our parent company, officers, directors, members, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney's fees) arising from: (i) your use of and access to CashClub; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any Content submitted by you causes damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of CashClub.
We reserve the right, but have no obligation, to monitor, or take any action we deem appropriate regarding disputes that you may have with other Members or Merchants. To the extent the law permits, you release us from any claims or liability related to any Content posted on the Site and from any claims related to the conduct of any other customers of ours or any Merchants. You hereby waive California Civil Code Section 1542 (if you are a California resident), and any similar provision in any other jurisdiction (if you are a resident of such jurisdiction), which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
We and our licensors retain ownership of all intellectual property rights of any kind related to the Site and Services, including copyrights, trademarks and other proprietary rights. We do not grant any license to you under any of those intellectual property rights by virtue of this Agreement, except for the limited right to use the Site and Services in accordance with this Agreement. “CashClub” is our trademark. Other product and company names that are mentioned on the Site or provided as part of the Services may be trademarks of their respective owners. We retain all rights that are not expressly granted to you in this Agreement.
The Content on CashClub, excluding all intellectual property of other sites obtained by way of API and linking and Content posted by our customers, is owned by us. This includes, without limitation, the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein ("Marks"). The Marks are owned or licensed to us, subject to copyright and other intellectual property rights under United States law, the law of the jurisdiction where you reside, and international conventions. Content provided by us is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We retain all rights not expressly granted in and to the Site and Services.
As between you and us, you retain any intellectual property rights in any copyrighted materials and trademarks that are contained in Content that you post to the Site. You grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license, with rights to sublicense through multiple levels of sublicensees, to reproduce, make derivative works of, translate, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights, under any and all of your intellectual property rights related to the Content in any manner we choose. If you have any rights to the Content that cannot be licensed to us (such as moral rights in some countries), you unconditionally and irrevocably waive the enforcement of such rights, and all claims and causes of action of any kind against us or related to our customers and partners anywhere in the world, with respect to such rights.
If you are a copyright owner or an owner's agent and find Content that infringes upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act. To do so, please provide our Copyright Agent with the following information (see 17 U.S.C 512(c)(3) for further detail) in writing: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Our designated Copyright Agent to receive notifications of claimed infringement can be reached at email@example.com. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
We communicate, generally, by electronic means, whether you visit the Site or send us emails, or whether we post notices on the Site or communicate with you via email. You (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were written.
The laws of Maryland and Florida govern the interpretation of this Agreement and any disputes arising in connection with it, regardless of conflict of laws principles. Any claim or dispute between you and CashClub that arises out of or relates to this Agreement shall be decided exclusively by a court of competent jurisdiction located in the City of Baltimore, State of Maryland, or at the sole option of CashClub, by binding arbitration in Baltimore, under the auspices of the American Arbitration Association, with the prevailing party recovering reasonable legal fees and costs from the non-prevailing party (whether in a court action or an arbitration).
Nothing in this Agreement creates a partnership, employment relationship or agency between you and we. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO CASHCLUB MUST COMMENCE WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, MEANING THAT YOU CAN NOT BRING IT. YOU MUST GIVE US TEN (10) DAYS ADVANCE NOTICE OF ANY CLAIMS AND A CHANCE TO CURE THE CLAIM WITHIN THAT TEN (10) DAYS. DOING SO AND OUR FAILURE TO TIMELY CURE IS A PREREQUISITE TO FILING AN ACTION AGAINST US.
You represent and warrant that you are legally able and willing to accept these Terms of Service and we rely on that representation and warranty. You affirm that you are more than 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.