Last Updated April 17, 2019
binding contract between you and CashForBooks regarding your use of CashForBooks's website, mobile applications, networks,
and other related features or services (collectively, the "Service").
DOWNLOADING AN CASHFORBOOKS MOBILE APPLICATION, ACCESSING, BROWSING, OR OTHERWISE USING THE SERVICE, YOU ACKNOWLEDGE
THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE
MODIFICATIONS (COLLECTIVELY, THE "TERMS").
If you are not eligible, or do not agree to all of the Terms, then please do not use the Service.
ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 22, you agree
that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING
THESE TERMS, YOU AND CASHFORBOOKS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION
OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights
under this contract (except for matters that may be taken to small claims court). Your rights will be determined
by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 22.)
Eligibility. You must be at least eighteen (18) years old to use the Service. By agreeing to
the Terms, you represent and warrant to us: (i) that you are at least eighteen (18) years old (ii) that you
have not previously been suspended, removed or deactivated from the Service and (iii) that your registration
and your use of the Service is in compliance with any and all applicable laws and regulations. If you are
using the Service on behalf of an entity, organization, or company (collectively "Subscribing Organization"),
you are an authorized representative of that Subscribing Organization with the authority to bind such
organization to these Terms; and agree to be bound by these Terms on behalf of such Subscribing Organization.
In such a case, "you" in these Terms refers to your Subscribing Organization, and any individual authorized to
use the Service on behalf of the Subscribing Organization, including you. You must be at least 21 years old to
redeem Offers with alcoholic beverages on the Service.
relating to our collection, use, and disclosure of your personal information. The
is hereby incorporated by reference into, and made a part of, these Terms.
End User License Agreement. Your use of any mobile application or other downloadable
software we may provide (each, an "App") is subject to an End User License Agreement. The applicable End
User License Agreement depends on the platform on which the App is designed to run and the features of the
App. The End User License Agreement will be presented to you when you download and/or install the App and
will be accessible through the App. Apps are deemed part of the Service, and all such End User License
Agreements are hereby incorporated into, and made a part of, the Terms by reference.
Additional Terms. Your use of the Service is subject to any additional terms, rules, or
guidelines applicable to certain services and features which we may post from time to time (the
"Additional Terms"). All such Additional Terms are hereby incorporated by reference into, and made a part
of, the Terms.
Modification of the Terms. We reserve the right, at our discretion, to change the Terms on a
going forward basis at any time. Please check the Terms periodically for changes. Your continued use of the
Service after the changes become effective constitutes your binding acceptance of such changes. In the event
that a change to the Terms materially modifies your rights or obligations, we will make an effort to notify
you of the change, such as by sending you an email to the address we have on file for you, or presenting a
pop-up window or other notification to you through the Service when you log in, and we may require that you
accept the modified Terms in order to continue to use the Service. Material modifications are effective upon
your acceptance of the modified Terms. Immaterial modifications are effective upon publication, and material
changes will be effective upon the earlier of (a) continued use of the Service with actual knowledge of the
modification, or (b) thirty (30) days following the change. For the avoidance of doubt, disputes arising
hereunder will be resolved in accordance with the Terms in effect that the time the dispute arose.
Accounts and Registration. To access most features of the Service you must register for an
account. When you register for an account, you may be required to provide us with some information about
yourself (such as your e-mail address or other contact information). You agree that the information you
provide to us is and will be accurate and up-to-date at all times. When you register, you will be asked to
provide a password. You are solely responsible for maintaining the confidentiality of your account and
password. You agree to accept responsibility for all activities that occur under your account. If you have
reason to believe that your account is no longer secure for any reason (for example, in the event of a loss,
theft or unauthorized disclosure or use of your password), then you agree to notify us immediately by
submitting a ticket from within the app or visiting our Help Center. If you are unable to log-in to the Help
Center please send an email to email@example.com.
Location Data. Some features of the Service enable us to tailor your experience on the
Service based on your location. If you decline to provide location information, or in our judgment, we cannot
verify your location, you will be unable to utilize some or all features of the Service.
User Rewards Generally. CashForBooks makes available through the Service offers on certain
third-party products and services (each an "Offer"). When you redeem an Offer through the Service, you
will accumulate rewards in your CashForBooks account ("Rewards"). Each Offer may be subject to Additional Terms
and may be discontinued by CashForBooks at any time. At any time and in CashForBooks's sole discretion, CashForBooks may:
(i) determine whether or not you are eligible to redeem an Offer; (ii) determine whether or not you have
earned Rewards; or (iii) adjust your Rewards total. Prior to distribution, Rewards have no monetary value
and you may not obtain any cash, money, or anything of value in exchange for your Rewards total except as
made available by CashForBooks under Section 6.2.
Distributions. Once you have accumulated the required minimum amounts in Rewards in your
CashForBooks account (as posted, and subject to change), you may elect to have CashForBooks distribute your Rewards
via one or more of the available distribution options as shown in the CashForBooks mobile app. The available
distribution options are subject to change without notice to you, and you have no vested right to any
particular form or method of distribution. For each distribution option, CashForBooks displays within the CashForBooks
mobile app the minimum distribution amount at any given time. These minimum distribution amounts are
subject to change. CashForBooks may, at its sole discretion, limit the amount of Rewards that you can distribute
in any given period of time. If you elect to close your CashForBooks account and you have undistributed Rewards
that meet or exceed the minimum Rewards threshold, you will be expected to distribute such Rewards prior
to closing your account, even if this means you must distribute your Rewards in the payout option with the
lowest minimum distribution amount. If your account is terminated by CashForBooks, if you fail to properly
distribute your Rewards when closing your account, or if at the time of closing you have less than the
minimum Rewards threshold in your account, any rights you have to the Rewards in your account will
terminate and you will no longer be eligible to receive a distribution of such Rewards.
Third-Party Payment Providers. Certain distribution options are provided by licensed
money transmitters (e.g., PayPal, Inc.) and are subject to additional terms and conditions associated with
your account with such money transmitter (the “Payment Provider Terms”). When you elect to distribute
Rewards through a money transmitter, you further agree (i) that CashForBooks is acting as your agent with
respect to the payment processing and (ii) that you are bound by the applicable Payment Provider Terms, as
the same may be modified by the money transmitter from time to time.
Referral Bonuses. From time to time, CashForBooks may introduce special bonuses or incentives
for users to refer others to CashForBooks, using a personal referral code or URL (“Referral Bonus”). Users shall
not be eligible to earn these bonuses if they invite other users who share the same mobile device or if
they create multiple accounts in an effort to earn Referral Bonuses for inviting themselves. Such actions
Referral Bonuses, reverse or correct user Rewards balances, or take other actions as appropriate. Where a
user cannot produce examples of how referrals have taken place, including screenshots of where referrals
were made, CashForBooks reserves the right to decline to award Referral Bonuses, rescind bonuses, demand
repayment of Rewards credited, or take other remedial actions.
Affiliate Merchant Offers.Certain Offers require you to click a shopping link within the
Service to be directed to an affiliated merchant’s mobile app (which may also require you to download such
mobile app) or website (each an “Affiliate Merchant”), and complete a purchase to earn a Reward on your
net purchase amount. Please note that the net purchase amount generally excludes taxes, fees, shipping,
gift-wrapping, discounts or credits, returns or cancellations and extended warranties.
Affiliate Merchants exclude a limited number of products and purchases from the Offers. Such list of
exclusions is included in the Additional Terms associated with each Offer and is subject to change without
notice. Additionally, to earn Rewards, you must complete your purchase during the same shopping session
you start after clicking on the shopping link associated with the Offer. If you visit other mobile apps or
websites before completing your purchase, your purchase might be associated with a service other than
CashForBooks’s Service and you might not earn a Reward on your purchase.
Taxes. Depending on applicable federal, state, and local tax laws, your distribution of
Rewards may be subject to taxes. You will be solely responsible for any and all tax liability arising out
of your receipt of Rewards and you agree to provide CashForBooks with information CashForBooks requests in connection
with applicable federal, state, and local tax laws. You are solely responsible for any tax liability
(including fees, penalties or fines) incurred by CashForBooks as a result of your action or inaction in
connection with the foregoing (including your failure to provide CashForBooks with information). CashForBooks is
further authorized to offset such tax liability from your Rewards.
Account Maintenance Fees. There are costs associated with the creation and maintenance of
your CashForBooks account, and those costs are covered by the fees CashForBooks earns when you redeem Offers.
Therefore, if you have redeemed at least one Offer during the past 180 days, your account will not be
assessed any account maintenance costs. If, however, you do not redeem at least one Offer during any 180
day period, CashForBooks will deduct from your CashForBooks account, on a monthly basis, the lesser of (i) $3.99 USD,
or (ii) the amount then reflected in your CashForBooks account (in either case, an “Account Maintenance Fee”).
No Account Maintenance Fees will be charged or deducted during the first six months after you initially
register for your CashForBooks account. CashForBooks will attempt to notify you before any Account Maintenance Fee is
deducted from your account, or if the Account Maintenance Fee amount changes, by sending you an email to
the address we have on file for you. Subject to CashForBooks's right to terminate your account under these
Terms, CashForBooks will stop charging your account for Account Maintenance Fees for six months if you redeem at
least one Offer. Under no circumstances will you ever pay an Account Maintenance Fee with anything other
than amounts in your CashForBooks account – we will never ask you to make a payment for Account Maintenance Fees
with credit or debit cards, checks or cash.
Claims. Rewards provided under this Section 6 are provided solely by CashForBooks and not
underwritten, sponsored, or provided by any other third-party, including CashForBooks's brand and merchant
against third-party providers, merchants or manufacturers of products and services. You agree that CashForBooks
User Content Generally. Certain features of the Service may permit users to post content,
including messages, reviews, photos, images, folders, data, text, and other types of works (collectively
called, "User Content") and to publish User Content on the Service.
Limited License Grant to CashForBooks. By posting User Content, you grant CashForBooks and a
worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, perpetual, irrevocable
right and license to host, transfer, display, perform, reproduce, modify, distribute and re-distribute,
and otherwise exploit your User Content, in whole or in part, in any media formats and through any media
channels (now known or hereafter developed). You retain copyright and any other proprietary rights you
hold in the User Content that you post to the Service.
User Content Representations and Warranties. You are solely responsible for your User
Content and the consequences of posting or publishing User Content. By posting and publishing User
Content, you affirm, represent, and warrant that:
- You are the creator and owner of, or have the necessary licenses, rights, consents, and permissions
to use and to authorize CashForBooks and users of the Service to use and distribute your User Content as
necessary to exercise the licenses granted by you in this Section 7 and in the manner contemplated by
CashForBooks and the Terms;
- Your User Content, and the use thereof as contemplated herein, does not and will not: (a) infringe,
violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade
secret, moral right, privacy right, right of publicity, or any other intellectual property or
proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity or other
property rights of any other person; (c) contain any viruses, adware, spyware, worms, or other
malicious code; or (d) violate any applicable law or regulation.
User Content Disclaimer. We are under no obligation to edit or control User Content that
you and other users post or publish, and will not be in any way responsible or liable for User Content.
You understand that when using the Service you will be exposed to User Content from a variety of sources
and acknowledge that User Content may be inaccurate, offensive, indecent or objectionable. You agree to
waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against CashForBooks
with respect thereto. We expressly disclaim any and all liability in connection with User Content. If
notified by a user or content owner that User Content allegedly does not conform to the Terms, we may
investigate the allegation and determine in our sole discretion whether to remove the User Content, which
we reserve the right to do at any time and without notice. For clarity, CashForBooks does not permit copyright
infringing activities on the Service.
Monitoring Content. CashForBooks does not control and does not have any obligations to monitor: (a)
User Content; (b) any content made available by third parties; or (c) the use of the Service by its users. You
acknowledge and agree that CashForBooks reserves the right to, and may from time to time, monitor any and all
information transmitted or received through the Service for operational and other purposes. If at any time
CashForBooks chooses to monitor the content, CashForBooks still assumes no responsibility or liability for content or any
loss or damage incurred as a result of the use of content. During monitoring, information may be examined,
Consent to Electronic Communications and SMS
By using the Service, you consent to receiving certain electronic communications from us as further
communications practices. You agree that any notices, agreements, disclosures, or other communications
that we send to you electronically will satisfy any legal communication requirements, including that those
communications be in writing. In accordance with this Section 9, we may also communicate with you via SMS.
You may receive an SMS from CashForBooks if you are invited by another user to join CashForBooks. You can stop
receiving SMS messages at any time by texting "STOP". After you send the SMS
message "STOP" to us, we will send you an SMS message to confirm that you have been
unsubscribed. After this, you will no longer receive SMS messages from us.
If at any time you forget what keywords are supported, text "HELP". After you
send the SMS message "HELP" to us, we will respond with instructions on how to use our
service as well as how to unsubscribe.
We are able to deliver messages to the following mobile phone carriers:
- Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular,
Alltel, Boost Mobile, Nextel, and Virgin Mobile.
- Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN),
Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania,
Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat
Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW
Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless
(Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle
Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb
Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
As always, message and data rates may apply for any messages sent to you from us and to us from you.
Message frequency depends on the user's interaction. If you have any questions about your text plan or
data plan, it is best to contact your wireless provider. For all questions about the services provided by
this short code, you can visit our Help Center. If you are unable to log-in to the Help Center please send
an email to firstname.lastname@example.org.
Digital Millennium Copyright Act
DMCA Notification. We comply with the provisions of the Digital Millennium Copyright
Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have any complaints or
objections to material posted on the Service, you may contact our Designated Agent at the following
Awesome Labs LLC.
Any notice alleging that materials hosted by or distributed through the Service infringe intellectual
property rights must include the following information:
12510 Queens Blvd
Kew Gardens, 11415
- an electronic or physical signature of the person authorized to act on behalf of the owner of
the copyright or other right being infringed;
- a description of the copyrighted work or other intellectual property that you claim has been
- a description of the material that you claim is infringing and where it is located on the
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the use of the materials on the
Service of which you are complaining is not authorized by the copyright owner, its agent, or the
- a statement by you that the above information in your notice is accurate and that, under penalty
of perjury, you are the copyright or intellectual property owner or authorized to act on the
copyright or intellectual property owner's behalf.
Third Party Services and Websites. CashForBooks may provide tools through the Service that enable
to export information to third party services, including through use of an API or by linking your account on
CashForBooks with an account on the third party service, such as Twitter or Facebook. By using these tools, you
that we may transfer such User Content and information to the applicable third party service. Such third party
services are not under our control, and we are not responsible for the contents of the third party service or
the use of your User Content or information by the third party service. The Service, including our websites,
also contain links to third-party websites. The linked sites are not under our control, and we are not
responsible for the contents of any linked site. We provide these links as a convenience only, and a link does
not imply our endorsement of, sponsorship of, or affiliation with the linked site. You should make whatever
investigation you feel necessary or appropriate before proceeding with any transaction with any of these third
parties services or websites.
Feedback. If you choose to provide input and suggestions regarding problems with or proposed
modifications or improvements to the Service (“Feedback”), then you hereby grant CashForBooks an unrestricted,
perpetual, irrevocable, non-exclusive, fully paid, royalty free right to exploit the Feedback in any manner
and for any purpose, including to improve the Service and create other products and services.
Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO:
- submit to CashForBooks purchase information that is false, inaccurate, fabricated,
tampered with, adjusted, or otherwise artificial or inauthentic for the purpose of seeking to redeem
Offers with CashForBooks;
- redeem, or attempt to redeem, CashForBooks Offers for products that have not actually been
purchased and retained, or for
products that have been purchased but returned to a store or online vendor, following purchase;
- upload receipts to CashForBooks that have already been uploaded by you or another user, for the
purpose of earning credit from CashForBooks for purchasing products that you did not actually purchase;
- upload receipts to CashForBooks that reflect purchases that took place more than one (1) week
prior to the date on which the receipt is uploaded;
- upload receipts to CashForBooks that reflect purchases that took place prior to the launch date
of a retailer's Offer or campaign and therefore prior to your adding the Offer, except where expressly
permitted in the Offer details;
- attempt to obscure the date on a receipt, such as by purposefully uploading a receipt
without any date shown or without any clearly legible date shown;
- extract information from CashForBooks's web or mobile applications for the purpose of using
information in conjunction with another service, web or mobile application;
- rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the
granted herein or any Materials (as defined below);
- post, upload, or distribute any defamatory, libelous, or inaccurate User Content or other
- post, upload, or distribute any User Content or other content that is unlawful or that a
reasonable person could deem to be objectionable, profane, offensive, indecent, pornographic, harassing,
threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise
- exploit or attempt to exploit CashForBooks's referral bonus program by inviting yourself to
join CashForBooks using another account or invite others who share the same mobile device, in an effort to earn
referral bonuses or credit(s);
- make false or misleading claims about CashForBooks's referral program or any other incentive
program created by CashForBooks;
- impersonate any person or entity, falsely claim an affiliation with any person or entity,
access the Service accounts of others without permission, forge another person's digital signature,
misrepresent the source, identity, or content of information transmitted via the Service, or perform any
other similar fraudulent activity;
- infringe the copyright or other proprietary rights on the Service or of any User
- make unsolicited offers, advertisements, proposals, or send junk mail or spam to other
of the Service. This includes, but is not limited to, unsolicited advertising, promotional materials, or
other solicitation material, bulk mailing of commercial advertising, chain mail, informational
announcements, charity requests, and petitions for signatures;
- use the Service for any illegal purpose, or in violation of any local, state, national,
international law, including, without limitation, laws governing intellectual property and other
rights, and data protection and privacy, or the collection, storage, transmission, or access of
- defame, harass, abuse, threaten or defraud users of the Service, or collect, or attempt
to collect, personal information about users or third parties without their consent;
- use the Service for any commercial purpose;
- remove, circumvent, disable, damage or otherwise interfere with security-related features
of the Service or User Content, features that prevent or restrict use or copying of any content accessible
through the Service, or features that enforce limitations on the use of the Service or User Content;
- reverse engineer, decompile, disassemble or otherwise attempt to discover the source code
the Service or any part thereof (including any App), except and only to the extent that such activity is
expressly permitted by applicable law notwithstanding this limitation;
- modify, adapt, translate or create derivative works based upon the Service or any part
thereof, except and only to the extent the foregoing restriction is expressly prohibited by applicable
- intentionally interfere with or damage operation of the Service or any user's enjoyment
it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other
Limitations on User Accounts.
A user may not create more than one (1) CashForBooks account. Each unique mobile device may not be associated with
more than two (2) user accounts. Users who attempt to associate an excessive number of mobile devices with a
to have abused the Service.
Term. These Terms are effective beginning when you accept the Terms or first download,
install, access, or use the Service, and ending when terminated as described in Section 16.
Termination of Use; Discontinuation and Modification of the Service. If you engage in
Prohibited Conduct or otherwise violate any of the Terms, your permission to use the Service will
automatically terminate and any rights you have to the Rewards in your account will terminate and you will no
longer be eligible to receive a distribution of such Rewards. You also agree that we may, at any time and
without notice to you, suspend or revoke your access to and use of the Service, and any accounts you may have
connection with the Service including: (i) where we determine in our sole discretion that such action is
in order to comply with legal requirements or to protect the rights or interests of CashForBooks or any third party;
(ii) in connection with any general discontinuation of the Service. We also reserve the right to modify the
at any time without notice to you. We will have no liability whatsoever on account of any change to the
any suspension or revocation of your access to or use of the Service, provided that if we terminate your
the Service other than for your breach of these Terms, you may be entitled to have your Rewards distributed,
described in the Terms. You may terminate your account at any time by visiting our Help Center If you are
unable to log-in to the Help Center please send an email to email@example.com.
Effect of Termination. Upon termination of these Terms: (a) in accordance with the applicable
End User License Agreement, your license rights will terminate and you must immediately cease use of the
Service; (b) you will no longer be authorized to access your account or the Service; and (c) all payment
obligations accrued prior to termination and Sections 12, 16, and 17-28 and any other Sections which, by its
nature or express terms should survive will survive.
Ownership; Proprietary Rights. The Service is owned and operated by CashForBooks. The visual
graphics, design, compilation, information, computer code (including source code or object code), products,
software, services, and all other elements of the Service provided by CashForBooks (the "Materials") are protected
United States copyright, trade dress, and trademark laws, international conventions, and all other relevant
intellectual property and proprietary rights, and applicable laws. Except for any User Content that is
owned by users of the Service, all Materials contained in the Service are the property of CashForBooks or its
or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are
to CashForBooks or its affiliates and/or third-party licensors. Except as expressly authorized by CashForBooks, you agree
sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create
derivative works from, or otherwise make unauthorized use of the Materials. CashForBooks reserves all rights to the
Materials not expressly granted in the Terms.
Indemnity. To the fullest extent permitted by law, you are responsible for your use of the
Service, and you agree to defend, indemnify and hold harmless CashForBooks and its officers, directors, employees,
consultants, affiliates, subsidiaries and agents (collectively, the "CashForBooks Entities") from and against any
and all claims, liabilities, damages, losses and expenses, including reasonable attorneys' and accounting fees
and costs, arising out of or in any way connected with (i) your access to, use of or alleged use of the
Service; (ii) your violation of the Terms or any representation, warranty, or agreements referenced herein, or
any applicable law or regulation; (iii) your violation of any third party right, including without limitation
any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes
or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to
cooperate with our defense of such claim.
Disclaimers; No Warranties.
THE SERVICE IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND,
EXPRESS OR IMPLIED. THE CASHFORBOOKS ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM (i) ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; (ii)
WARRANTIES ARISING OUT OF COURSE-OF-DEALING, USAGE, OR TRADE; (iii) ANY WARRANTIES THAT THE INFORMATION OR
RESULTS PROVIDED IN, OR THAT MAY BE OBTAINED FROM USE OF, THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE
ACCURATE, RELIABLE, COMPLETE, OR UP-TO-DATE; AND (iv) ANY WARRANTIES WHATSOEVER REGARDING ANY PRODUCTS,
SERVICES, INFORMATION OR OTHER MATERIAL ADVERTISED, MADE AVAILABLE, OR REFERRED TO YOU THROUGH THE SERVICE.
ASSUME ALL RISK FOR ALL DAMAGES, INCLUDING DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE OR LOSS OF DATA
MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE. ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE
DOWNLOADED, USED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
CASHFORBOOKS DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT CASHFORBOOKS IS PROHIBITED FROM DISCLAIMING UNDER
Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE CASHFORBOOKS ENTITIES NOR ANY OTHER PARTY INVOLVED
CREATING, PRODUCING, OPERATING OR DELIVERING THE SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE
ANY OTHER LEGAL THEORY, WHETHER OR NOT THE CASHFORBOOKS ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH
WHERE SUCH DAMAGES RESULT FROM: (i) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE, OR
(ii) ANY PURCHASE OF A THIRD PARTY PRODUCT OR SERVICE BASED ON INFORMATION CONTAINED IN THE CASHFORBOOKS SERVICE,
INCLUDING THE AVAILABILITY OF A COUPON. YOU SPECIFICALLY ACKNOWLEDGE THAT THE CASHFORBOOKS ENTITIES ARE NOT LIABLE
THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY
THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, THE CASHFORBOOKS ENTITIES WILL HAVE NO LIABILITY TO YOU OR TO ANY
THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE
EXCEPT AS PROVIDED IN SECTION 22.5 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF
THE CASHFORBOOKS ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THE USE OF THE SERVICE IS
LIMITED TO THE GREATER OF (i) THE AMOUNTS YOU HAVE PAID TO CASHFORBOOKS FOR ACCESS TO AND USE OF THE SERVICE
GIVING RISE TO SUCH LIABILITY IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM OR (ii) $100. THE LIMITATIONS OF
DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CASHFORBOOKS AND YOU.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CERTAIN CIRCUMSTANCES.
SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR
EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS
ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS
IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 21 WILL
APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Dispute Resolution and Arbitration
Generally. In the interest of resolving disputes between you and CashForBooks in the most
expedient and cost effective manner, you and CashForBooks agree that any and all disputes arising in connection
with these Terms of the Service shall be resolved by binding arbitration. Arbitration is more informal
a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more
limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can
the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is
limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract,
tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims
arise during or after the termination of these Terms.
You understand and agree that, by entering into these Terms, you and CashForBooks are each waiving the right
to a trial by jury or to participate in a class action.
Exceptions. Notwithstanding subsection 22.1, we both agree that nothing herein shall be
deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in
claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where
such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a
of law to address intellectual property infringement claims.
Arbitrator. Any arbitration between you and CashForBooks will be governed by the Commercial
Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes
"AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be
administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling
AAA at 1-800-778-7879, or by contacting CashForBooks.
Notice; Process. A party who intends to seek arbitration must first send a written notice
of the dispute to the other, by certified mail, Federal Express (signature required), or in the event that
we do not have a physical address on file for you, we may send notice to you by electronic mail
CashForBooks's address for Notice is: CashForBooks, Inc., 12510 Queens Blvd, Suite 1203, Kew Gardens, NY 11415. The Notice
must (a) describe
the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). We
agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do
within 120 days after the Notice is received, you or CashForBooks may commence an arbitration proceeding. During
the arbitration, the amount of any settlement offer made by you or CashForBooks shall not be disclosed to the
arbitrator until after the arbitrator makes a final decision and award, if any; provided that if our
is finally resolved through arbitration in your favor, CashForBooks shall pay you the greater of (i) the amount
awarded by the arbitrator, if any, and (ii) the greatest amount offered by CashForBooks in settlement of the
dispute prior to the arbitrator's award.
Fees. In the event that you commence arbitration in accordance with these Terms, CashForBooks
will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in
which case the payment of any fees shall be decided by the AAA Rules. Any arbitration hearings will take
place at a location to be agreed upon in Kew Gardens, New York, provided that if the claim is for $10,000 or
less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted
the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as
by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in
the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in
Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In
such case, you agree to reimburse CashForBooks for all monies previously disbursed by it that are otherwise your
obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the
arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and
conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and
disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and
request from either party made within 14 days of the arbitrator's ruling on the merits.
No class actions.
YOU AND CASHFORBOOKS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL
CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
PROCEEDING. Further, unless both you and CashForBooks agree otherwise, the arbitrator may not consolidate
more than one person's claims, and may not otherwise preside over any form of a representative or class
Modifications. In the event that CashForBooks makes any future change to this arbitration
provision (other than a change to the CashForBooks's address for Notice), you may reject any such change by
sending us written notice within 30 days of the change to CashForBooks's address for Notice, in which case your
account with CashForBooks shall be immediately terminated and this arbitration provision, as in effect
prior to the amendments you reject shall survive.
Enforceability If only Subsection 22.6 is found to be unenforceable or the entirety of
this Section 22 is found to be unenforceable, then the entirety of this Section 22 shall be null and void
and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 23
shall govern any action arising out of or related to these Terms.
Governing Law; Venue. These Terms, whether interpreted in a court of law or in arbitration,
shall be governed by the laws of the State of Colorado as they apply to agreements entered into and to be
performed entirely within Colorado by Colorado residents, and without regard to conflict of law principles. To
the extent that any lawsuit or court proceeding is permitted hereunder, you and CashForBooks agree to submit to the
personal and exclusive jurisdiction of the state courts and federal courts located within the Kew Gardens, New York
for the purpose of litigating all such claims or disputes. The Service is intended for visitors located within
the United States. We make no representation that the Service is appropriate or available for use outside of
the United States. Access to the Service from countries or territories or by individuals where such access is
illegal is prohibited.
incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you
and CashForBooks regarding your use of and access to the Service, and except as expressly permitted above may only
be amended by a written agreement signed by authorized representatives of the parties. You may not assign or
transfer the Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without
our prior written consent. We may assign the Terms at any time without notice. The failure to require
performance of any provision shall not affect our right to require performance at any time thereafter, nor
shall a waiver of any breach or default of the Terms constitute a waiver of any subsequent breach or default
or a waiver of the provision itself. Use of paragraph headers in the Terms is for convenience only and shall
not have any impact on the interpretation of particular provisions. In the event that any part of the Terms is
held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent
possible and the remaining parts will remain in full force and effect.
- Contact Information. If you have any questions regarding CashForBooks, the
Service, or the Terms please visit our Help Center. If you are unable to log-in to the Help Center please send
an email to firstname.lastname@example.org.
- Notice to California Residents. If you are a California resident, under
California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of
Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite
S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint
regarding the Service or to receive further information regarding use of the Service.
No Support. We are under no obligation to provide support for the Service. In instances where
we may offer support, the support will be subject to published policies.
Notice Regarding Apple. This Section 28 only applies to the extent you are using our mobile
application on an iOS device. You acknowledge that these Terms are between you and CashForBooks only, not with Apple
Inc. (“Apple”), and Apple is not responsible for the Service or the content thereof. Apple has no obligation
to furnish any maintenance and support services with respect to the Service. If the Service fails to conform
to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the
mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty
obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third
party relating to the Service or your possession and/or use of the Service, including: (a) product liability
claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or
(c) claims arising under consumer protection or similar legislation. Apple is not responsible for the
investigation, defense, settlement and discharge of any third party claim that the Service and/or your
possession and use of the Service infringe a third party’s intellectual property rights. You agree to comply
with any applicable third party terms when using the Service. Apple and Apple’s subsidiaries are third party
beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be
deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these
Terms. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S.
Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country;
and (ii) you are not listed on any U.S. Government “watch list” of prohibited or restricted parties, including
the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury
or the Denied Persons List published by the U.S. Department of Commerce.