SearchCactus.com - Membership Agreement

November 7, 2009

Membership Agreement

LEGAL AGREEMENT.

YOU ARE ENTERING INTO A LEGAL AGREEMENT AND AS SUCH YOU MUST READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS, OUR PRIVACY POLICY OR OUR ACCEPTABLE USE POLICY, THEN YOU ARE NOT AUTHORIZED TO ACCESS OR USE THIS SITE FOR ANY PURPOSE AND DO NOT PROVIDE ANY INFORMATION OR USE ANY OF THE SERVICES OF OUR SITE OR PRODUCTS OFFERED.
USER AGREEMENT.

By using this Site, you agree to be bound by, and to comply with, the Membership Terms and Conditions, the posted privacy policy, the acceptable use policy as well as any guidelines or rules posted on the site. As such, the privacy policy, acceptable use policy, guidelines and rules are hereby incorporated by reference into these Terms and Conditions as though fully set forth herein. If, at any time, you do not wish to be bound by these conditions or you are unsatisfied with the site, its content or other legal notices, you agree that your sole and exclusive remedy is to discontinue using this Site.
CHANGES TO TERMS AND CONDITIONS AND POLICIES.

We reserve the right, at our sole discretion, to change, modify or otherwise alter the Terms and Conditions, privacy policy, acceptable use policy, rules and guidelines which appear on this site at any time for any reason which change, modification or alteration is effective upon posting on the site without further notice to you. It is your responsibility to review the Terms and Conditions, privacy policy, acceptable use policy, rules and guidelines for changes periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revisions and the reasonableness of notice of changes.
TERM AND TERMINATION.

You have the right to cancel your membership at any time. Voluntary participation is a condition of membership. If you are not satisfied with your membership, you may cancel it at any time. If you cancel your membership, your account is still subject to the $20.00 minimum payout amount.

Similarly, SearchCactus, LLC may terminate this agreement and revoke your membership at any time and without prior verbal or written notification. If you are found to be attempting to defraud SearchCactus, LLC through this website or its advertisers, your membership will be immediately revoked and terminated. In addition, your account balance with be forfeited and you will be criminally prosecuted to the fullest extent allowable under the law.
ELIGIBILITY & RULES OF MEMBERSHIP.
1. To be eligible to become a Member of this site, you must: (i) be at least 18 years of age and reside in the United States; (ii) have an active email address; (iii) be the only account in your household; (iv) provide only true, accurate, current and complete information; (v) maintain and promptly update the information that you provide to keep it true, accurate, current and complete; and (vi) use the membership solely for your own enjoyment and not on behalf of or for the benefit of any third parties. FAILURE TO COMPLY WITH THESE REQUIREMENTS WILL RESULT IN ACCOUNT TERMINATION AND FORFEITURE OF ANY ACCOUNT BALANCE ACCUMULATED.
2. By using this site, you agree to be responsible for maintaining the confidentiality of your account and for restricting access to your computer. You also agree to be responsible for any and all activities that occur on your account. You must notify us immediately of any unauthorized use or security breach on your account.
3. By using this site, you agree that we will not be responsible for any loss or damage arising from your failure to comply with your responsibilities and obligations under these Terms and Conditions. You further agree that SearchCactus, LLC is not liable for any loss or damages caused by the disclosure of your password or user name.
4. Corporate or other business entities are not eligible to become Members.
5. Referral program policies, referral payout rate, and the sign up bonus are subject to change at any time at the sole discretion of SearchCactus, LLC without prior notification or your approval and you agree to be found by such changes upon posting of the same.
6. Quick Cash policies, payout rate, and rules are subject to change at any time without prior notification. You agree to be found by such policies, payout rates and rules upon posting of the same.
7. By signing up for membership, you are giving your consent to receive promotions or newsletters from us, our affiliated entities and/or third-party marketing partners. If you do not wish to receive these emails, you may request to be removed by using the opt-out mechanism listed in the email messages you receive. To opt-out of email promotions from us alone, you may send an e-mail to support@searchcactus.com. Please note that exercising an opt-out mechanism only applies to the company with which you exercised that right.
TERMS OF PAYMENT.
1. SearchCactus, LLC does not guarantee that you will receive credit when signing up for a QuickCash offer. SearchCactus.com reserves the right to refuse a user credit for an offer for a variety of reasons, including, but not limited to, lack of appropriate information, improper sign-up, improper browser settings, and/or a history of manual credits.
2. Your payments are sent monthly once your account balance has reached a minimum of $20.00. There is a $2.00 processing fee on all checks sent outside of the United States. Balances less than $20.00 will continue to accumulate until a minimum $20.00 balance has been reached. In case your check has been lost or stolen, SearchCactus, LLC cannot take responsibility. All payments are sent 1st class US mail service. SearchCactus, LLC cannot stop payments and/or trace checks. If you live in the United States you may also choose to use your money to purchase SearchCactus.com merchandise at anytime.
3. All further payment terms are listed in the primary site which is subject to change without notification at the sole discretion of SearchCactus, LLC. Referral program policies, referral payout rate, and the sign up bonus are subject to change at any time without prior notification or approval of the members.
THIRD PARTY MEMBERSHIP DISCLAIMER.

After completion of any of the advertiser offer(s) you have agreed to become a member of that website. You agree not to hold SearchCactus, LLC liable for any loss or damages of any kind incurred as a result of any such dealings with any advertiser listed on the site. In addition, by becoming a member of such advertiser's site, you agree to the terms and conditions of that website. You must contact that company directly if you wish to cancel such membership.
PROHIBITED USER CONDUCT.
1. You are prohibited from any conduct that, in our sole discretion, restricts or inhibits any other user from using or enjoying the site or any linked site. You are prohibited from accessing or attempting to access private areas of the site or any other user's information. You are prohibited from impersonating any person or entity or otherwise falsely stating or misrepresenting your affiliation with a person or entity.
2. You are prohibited from using any data, content, and any information provided or used on the site, as well as your use of our site, products and services which will infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any person or entity, including third-parties. You are prohibited from using any data, content or information which contains or promotes any viruses, Trojan horses, worms, time bombs or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the site, data, personal information, software, equipment, servers or content or facilitate or promote hacking or similar conduct. You are prohibited from making any attempt to earn or redeem rewards in a manner inconsistent with this Agreement.
MARKETING MATERIALS.

By signing up for membership, you are giving your consent to receive promotions or newsletters from us, our affiliated entities and/or third-party marketing partners. If you do not wish to receive these emails, you may request to be removed by using the opt-out mechanism listed in the email messages you receive. To opt-out of email promotions from us alone, you may send an e-mail to support@searchcactus.com. Please note that exercising an opt-out mechanism only applies to the company with which you exercised that right.
MONITORING SITE USAGE.

You agree that we may electronically monitor the site and disclose any content, records, or electronic communication of any kind (i) to satisfy any legal process or request; (ii) to operate the Site; or (iii) to protect our rights or the rights of the users, sponsors, providers, licensors, or merchants.
RELATIONSHIP WITH MARKETING ADVERTISERS.

All sponsors listed on this site have not endorsed this promotion, nor are they affiliated or connected with this promotion in anyway. SearchCactus.com is an independent site and is not affiliated with any of the listed products. Trademarks, service marks, logos, and/or domain names are the property of their respective owners, who have no association with or make any endorsement of the products or services provided by SearchCactus.com. Furthermore, participating advertisers are independent third parties and SearchCactus.com is not acting as a principal, agent or broker with respect to any advertisers.
COMPLIANCE WITH STATE AND FEDERAL LAWS.

You agree to comply with all local, state, province, country or regional legal restrictions that may be applicable to your membership. Violations of state and federal laws are strictly prohibited, including but not limited to, the CAN SPAM Act of 2003.
DISCLAIMER OF WARRANTIES.
1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (i) YOUR USE OF THE SITE IS AT YOUR SOLE RISK; (ii) THE PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS; (iii) EXCEPT AS EXPRESSLY PROVIDED HEREIN WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT; (iv) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK; (v) YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR OPENING ANY EMAIL SENT BY US; (vi) WE MAKE NO WARRANTY WITH RESPECT TO THE ACCURACY, THE RESULTS THAT MAY BE OBTAINED OR THE RELIABILITY OF ANY INFORMATION, CONTENT, SERVICE OR MERCHANDISE PROVIDED OR ADVERTISED THROUGH THE SITE OR THAT THE CONTENT PROVIDED ON THE SITE IS APPLICABLE TO, OR APPROPRIATE FOR USE IN, LOCATIONS OUTSIDE OF THE UNITED STATES ; and (vii) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
2. EXCEPT AS EXPRESSLY STATED HEREIN WE MAKE NO WARRANTY THAT: (i) ANY PRODUCT OR SERVICE WILL MEET YOUR REQUIREMENTS; (ii) ANY PRODUCT OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY PRODUCT OR SERVICE WILL BE ACCURATE OR RELIABLE: (iv) THE QUALITY OF ANY PRODUCT, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH ANY PRODUCT OR SERVICE WILL MEET YOUR EXPECTATIONS; OR (v) ANY DEFECTS WILL BE CORRECTED.
LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT ALLOWED BY LAW, SEARCHCACTUS, LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTIAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS MEMBERSHIP AGREEMENT, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SERVICE OR PROMOTIONS AVAILABLE THROUGH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CANCEL YOUR MEMBERSHIP.
EXCLUSIONS AND LIMITATIONS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
INDEMNITY.

By using the site you agree to indemnify us and hold us harmless from any and all claims and expenses, including (without limitation) attorney's fees, arising from your use of the site, or your use of the products and services contained thereon, or from any person's use of any ID, membership or password you maintain with any portion of the site, regardless of whether you authorized such use or not. By using the site, products or services, you are hereby agreeing to release us from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against us or our advertisers arising out of or in any way related to such disputes and/or to the products and services.
CHOICE OF LAW, VENUE AND JURISDICTION.

This site (excluding third party linked sites) is controlled by SearchCactus.com from its offices within the State of Michigan, U.S. of America. It can be accessed from all 50 states as well as from other countries around the world to the extent permitted by site. As each of these places has laws that may differ from Michigan, by accessing this site, both you and SearchCactus.com agree that the statues and laws of Michigan shall apply to any actions or claims arising out of or in relation to this Agreement or your use of this site, without regard to conflicts of laws principles thereof. You and SearchCactus.com also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of Oakland County, Michigan and any legal proceedings shall be conducted in English. SearchCactus.com makes no representation that materials on this site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. If the law of your state, or US Territory does not permit your participation in this Service, then you are responsible for complying with such laws and you agree to indemnify SearchCactus.com against any action you undertake to use the SearchCactus.com website. This Agreement shall not be governed by the United Nations Convention on Contracts for the Sale of Goods.
GENERAL.
1. If any provision of these Terms and Conditions is held to be invalid or unenforceable, the provision shall be removed (or interpreted, if possible, in a manner as to be enforceable), and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms and Conditions set forth the entire understanding and agreement between us with respect to the subject matter contained herein and supersede any other agreement, proposals and communications, written or oral, between our representatives and you with respect to the subject matter hereof, including any terms and conditions on any of customer's documents or purchase orders.
2. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms and Conditions or your use of the site. Our performance of these Terms and Conditions is subject to existing laws and legal process, and nothing contained herein is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use.