KOOLBUCK's Terms of Use
KOOLBUCK.COM brings buyers on the internet directly to merchant websites (the "Third Party Websites") and gives buyers cash back for making purchases from merchants listed on the KOOLBUCK.COM website (the "Merchant" or "Merchants") by clicking through the KOOLBUCK.COM website to Merchant sites.
The services offered by KOOLBUCK, INC. through KOOLBUCK.COM ("KOOLBUCK.COM" or "we") include the KOOLBUCK.COM website (the "Website") and all other content, offers, and services offered from time to time by KOOLBUCK.COM in connection with the Website (collectively, the "KOOLBUCK Services"). The KOOLBUCK Services are hosted in the U.S.
This Terms of Use Agreement ("Agreement") between KOOLBUCK, INC. and you sets forth the legally binding terms for your use of the KOOLBUCK Services. By using the KOOLBUCK Services, you agree to be bound by this Agreement, whether you are a "Member" (which means that you have signed up/registered with KOOLBUCK.com) or not. The term "User" refers to a Member or anyone visiting this website. You are only authorized to use the KOOLBUCK Services if you agree to abide by all applicable laws and to all terms of this Agreement as set forth herein. Please review this Agreement in its entirety carefully and if you disagree with any terms contained herein, you must cease using the Website and any of the KOOLBUCK Services.
KOOLBUCK.COM may modify this Agreement at any time and any modifications shall immediately become effective once posted on the Website. You hereby agree to be bound by any changes to this Agreement once such modifications are posted on the Website. You must therefore review this Agreement regularly as posted on the Website so that you are aware of any changes to this Agreement. KOOLBUCK.COM reserves the right to terminate or suspend your access to the KOOLBUCK Services, with or without cause, with or without prior notice, and without liability.
1. ELIGIBILITY
You must have Internet access and a valid email address to participate in the KOOLBUCK Services offered. By using the KOOLBUCK Services, you represent and warrant that (a) the registration information you submit is truthful and accurate in its entirety; (b) you will update and maintain the accuracy of such registration and personal information; (c) you are at least 18 years of age; (d) you will at all times comply with all terms set forth in this Agreement, as modified, as well as all offers, promotions, and programs offered by KOOLBUCK.COM; (e) you will at all times comply with all terms and conditions set forth on all Third Party Websites; (f) any Purchase (as defined below) you make originating through use of the KOOLBUCK.COM Services is not made on reliance of receiving any Cash Back Credit rebate (as set forth below), and you would make such Purchase without such Cash Back Credit; and (g) your use of the KOOLBUCK Services does not violate any applicable law or regulation.
2. PROHIBITED USE
Member agrees not to abuse KOOLBUCK.COM privileges by conduct which is detrimental to KOOLBUCK.COM. You further agree not to send any KOOLBUCK.COM users unsolicited emails for any purpose whatsoever. No scripts or automated services may be used in connection with the KOOLBUCK Services offered. You may not use the Website or the KOOLBUCK SERVICES in violation of any federal, state, or local law.
3. TERM
This Agreement shall remain in full force and effect while you use the KOOLBUCK Services or while you are a Member. KOOLBUCK.COM or you may terminate your Membership at any time, for any reason. Even after Membership is terminated, this Agreement shall remain in effect.
4. PRIVACY
Use of the KOOLBUCK Services is also governed by our Privacy Policy, which is incorporated into this Agreement. You are responsible for the confidentiality of your email address, password, account numbers, and any other account information provided.
5. KOOLBUCK CASH BACK PROGRAM
Members may maintain only one account per person. Accounts are non-transferable, and void if transferred. Membership terminates upon the death of a Member's. Any rewards obtained or accrued through the use of the website are non-transferable, and may not be sold.
Members will be credited a percentage of Purchases made by a Member on a Merchant's Third Party Website, for which the Member will receive a cash back credit (the "Cash Back Credit"). The Cash Back Credit received for each Purchase shall be calculated as a percentage of the Net Purchase Price of the product purchased. The Net Purchase Price shall be calculated as follows: (i) the actual purchase price paid by a Member, less (ii) all applicable taxes, shipping costs, promotional costs, and any other related costs. The Net Purchase Price shall be determined in the sole discretion of KOOLBUCK.COM. Percentage credits for each Merchant are listed on the Website. Some Merchants have special requirements for receiving your cash back credit. Not all Merchants listed on the Website result in Cash Back Credits. All terms and conditions of each Merchant Third Party Website as they relate to the use of KOOLBUCK.COM and the KOOBUCK Services which are set forth on the Merchant's Third Party Websites are hereby incorporated into this Agreement.
A Purchase through a Merchant Third Party Website is a "Purchase" and will earn a Cash Back Credit only if all of the following conditions are met: 1) "Cookies" must be enabled on your web browser; 2) All Purchases must begin by successfully clicking through to a Merchant Third Party Website via the link that appears on KOOLBUCK.COM's Website (If you do not reach a Merchant Third Party Website by clicking on a link listed on KOOLBUCK.COM's Website, it will NOT constitute a Purchase); and 3) the Purchase is NOT returned or exchanged. KOOLBUCK.COM shall have sole authority to determine whether any transaction constitutes a Purchase.
The appropriate Cash Back Credit will be posted to your account within Thirty (30) days of when a Merchant provides KOOLBUCK.COM of your Purchase. All Cash Back Credits will be listed as "Pending" until such sale is reported as final and non-returnable by a Merchant. Once a Cash Back Credit is final, it will be listed as "Available" and you are eligible to receive the Cash Back Credit in accordance with this Agreement (specifically, as set forth below).
You must have at least Ten U.S. Dollars ($10.00) in Cash Back Credits to receive payment for your Cash Back Credits. Once you have at least Ten U.S. Dollars ($10.00) available, you may request payment electronically through a PayPal account, or by a paper check. You must request payment or you will not receive any payment for your Cash Back Credits. Please allow thirty (30) days to receive payment for your Cash Back Credits.
KOOLBUCK.COM is not responsible for any Merchant actions, including, but not limited to discontinuing or changing the terms of any rebate or credit program, and any corresponding effect on your Cash Back Credit balance. Any returned items or cancelled Purchases will result in a cancellation of any corresponding Cash Back Credit. KOOLBUCK.COM may adjust your account at any time in accordance with this Agreement. Your sole remedy for any adjustment shall be to terminate your account and discontinue use of KOOLBUCK.COM and KOOLBUCK Services. Federal, State and local tax laws may require you to pay tax on your Cash Back Credit, and you have sole responsibility for any such liability.
KOOLBUCK.COM is not responsible for lost or stolen Cash Back Credits once issued.
6. DISCLOSURE OF ACCOUNT INFORMATION
You hereby agree to permit KOOLBUCK.COM to disclose to Merchants and KOOLBUCK.COM's agents, employees and independent contractors (including, but not limited to accountants, consultants and attorneys) information you have provided, as well as information obtained about your KOOLBUCK.COM account. You further agree to permit KOOLBUCK.COM to disclose such information to any government agency that requires same or as ordered in any court action. You further authorize KOOLBUCK.COM to receive account and Purchase information from any Merchant, including but not limited to any email address entered by you. You further agree to receive communications from KOOLBUCK.COM regarding your account and regarding available KOOLBUCK Services.
7. DISCLAIMER
KOOLBUCK.COM EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KOOLBUCK.COM MAKES NO WARRANTY WITH REGARD TO ANY PRODUCTS, SERVICES, CASH BACK CREDITS, OR REWARDS OBTAINED BY MEMBERS THROUGH KOOLBUCK.COM OR ANY MERCHANT THIRD PARTY WEBSITES. KOOLBUCK.COM FURTHER MAKES NO REPRESENTATION AS TO THE KOOLBUCK SERVICES BEING UNINTERRUPTED, TIMELY, OR ERROR FREE. KOOLBUCK.COM MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ITS WEBSITE, ANY MERCHANT'S THIRD PARTY WEBSITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED ON KOOLBUCK.COM'S WEBSITE, OR ANY WEBSITE ACCESSED THROUGH KOOLBUCK.COM'S WEBSITE.
KOOLBUCK.COM shall not be responsible for any warranty, express or implied, and any guaranty, representation and indemnity provisions of any Merchant. Member acknowledges and agrees that KOOLBUCK.COM is not responsible for the content, accuracy or opinions expressed on Merchant Third Party Websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by KOOLBUCK.COM. Inclusion of any linked website through the KOOLBUCK Services does not imply approval or endorsement of the linked website by KOOLBUCK.COM. When you access these Merchant Third Party Websites, or any third party website you do so at your own risk. KOOLBUCK.COM takes no responsibility for third party advertisements which are posted on KOOLBUCK.COM or through the KOOLBUCK Services, nor does it take any responsibility for the goods or services provided by the Merchants.
8. LIMITATION OF LIABILITY
IN NO EVENT SHALL KOOLBUCK.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF KOOLBUCK.COM OR THE KOOLBUCK SERVICES, EVEN IF KOOLBUCK.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, KOOLBUCK.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO KOOLBUCK.COM FOR THE KOOLBUCK SERVICES DURING THE TERM OF MEMBERSHIP.
9. INDEMNIFICATION
Member agrees to indemnify and hold KOOLBUCK.COM, its officers and employees, and the Merchants, harmless from any claim, demand, expense, or damage, including reasonable attorneys' fees relating to use of KOOLBUCK.COM and the KOOLBUCK Services or relating to a violation of this Agreement.
10. MISCELLANEOUS
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without reference to conflicts of law rules. You agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara California. This Agreement constitutes the entire agreement between you and KOOLBUCK.COM. The failure of KOOLBUCK.COM to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. Nothing in this Agreement shall be construed as creating or constituting a partnership, joint venture or agency relationship between KOOLBUCK.COM and the Merchants.