Terms and Conditions
These Terms and Conditions (or “Terms and Conditions”) apply to the services, information and
opportunities offered by SendEarnings®, as defined below, through various technologies and platforms,
including a website with a home page located at http://www.SendEarnings.com and/or a mobile application or
“app” titled “SendEarnings” (these various delivery technologies and tools are referred
to as the “Service Platform(s)”). By using any Service Platform or creating an Account you are
agreeing to these Terms and Conditions on behalf of yourself, any other person or entity on whose behalf you
are accessing the Service Platform, and any others who have rights through you. Any violation of these Terms
and Conditions may lead to termination of your Account, cancellation of any Cash or other items posted to your
account including referrals, as well as any other applicable legal remedy. If you do not agree to these Terms
and Conditions you must not use any Service Platform.
All visitors to or users of any Service Platform are referred to as “Members,” “you,”
or similar terms.
The Service Platforms are owned and operated by CotterWeb Enterprises, Inc. (“SendEarnings®,”
“CotterWeb,” “us,” “we,” or similar terms.) We reserve the right to modify
changes, are effective once posted on this or a similar page of our Website. Changes may include, but are not
limited to, rules regarding the earning of Cash and the redemption of Cash or any other item. Pages or features
of any Service Platform as well as Offers appearing on any Service Platform, including prizes, gifts,
sweepstakes, offers, or other items or activities may be discontinued or changed without notice.
The column on the right provides a short explanation of the terms and conditions and is not legally binding.
Last Updated: February 10, 2016
By creating an SendEarnings® account you are agreeing to all the terms below.
Valid Information. Consent to Receive Communications.
Members must be living individuals, and not corporations or any other type of entity. Members must provide
a valid Email Address during registration in order to activate their SendEarnings® Account. Methods used
to obscure or block the country or location of a device used to connect to SendEarnings® is prohibited.
The country listed in your Member Profile must be the country you are both living in, and logging into your
SendEarnings® account from. In addition, any time Members provide information to us, any Service
Platform, to any Advertisers as defined in Section V, or in response to any Offer, such information must be
accurate and complete and be your own information and not the information of any other person. This includes,
but is not limited to, the registration process, Profile Surveys, and any other place where information is
requested. You agree that SendEarnings®, our Advertisers, or any of our third party vendors or agents
may contact you through any email or other contact information provided by you, specifically including but
not limited to traditional mail, text, mobile telephone number, traditional / land telephone number, fax,
social media account, any messaging / communication service, app, or tool including “push”
notifications or similar. You understand and agree that, depending upon your individual arrangement with
your telecommunication provider(s), receiving such communications may use data from your data-allowance
and/or may result in fees owing by you to your telecommunications provider.
Comply with Laws
Members must comply with all applicable laws and regulations as
they relate to the use of any Service Platform or relations with us.
Members may not create more than one Account with SendEarnings®.
In addition, we do not allow:
- More than one Account in the same Household
- More than one Account with the same Mailing Address
- More than one Account using the same Computer
To qualify for the Signup Bonus, Members must sign up and activate their Account.
Members may cancel their Account any time by clicking the “Cancel Account” link in the
“My Account” tab. In addition, all PaidEmails® sent to Members include a link
to the cancellation page. If a Member cancels their Account, they will also be deemed to cancel all their
Cash in their Account and referrals. In addition, any requested or pending payments for that Member are
removed and cancelled. Uninstalling an app will not cancel your account. You must separately click the
“Cancel Account” link as described above if you wish to cancel your account.
Password and Account Security
In connection with your Account, you will create a Password. You are
responsible for keeping your Password confidential and secure,
and you are responsible for all actions taken using your Password.
Hardware, Connectivity and Software Requirements
You are responsible for obtaining your own computer, smart-phone, tablet, or other computing device, as well
as related telecommunication services, as necessary to access the Service Platform(s), as well as all related
costs and expenses. From time to time SendEarnings® may require that you update or install a new
version of our app or Service Platform, and/or install updated or new third party software (such as an
operating system) in order to access or take advantage of all the features and functionalities of the
Service Platform. It is your choice whether to take such actions. SendEarnings® is not responsible
for, and makes no representation or warranty regarding, any such third party hardware, software, and/or
telecommunications services, whether such items are appropriate for or may damage your property, or for or
your business relationship with such third parties.
To create an Account, to be eligible to post Cash, or to otherwise use any Service Platform, you must be at
least eighteen (18) years old or the age of majority in your state or province of residence, whichever is
Current and Accurate Contact Information, Timely Check Cashing
Members are responsible for maintaining accurate and complete contact information
and promptly updating such information if they move, their contact information
otherwise changes, or if a Member has difficulty receiving emails from SendEarnings®
at the email address provided. If a payment mailed to a Member is returned to us
for any reason, including our being provided with inaccurate or outdated contact
information, we will cancel such payment and credit the balance to Cash in the Member's Account.
Further, if final payment on our check payable to a Member does not occur for any reason within ninety (90) days from the date of the check,
then the check is void and cancelled, and we will credit the amount of the check to Cash in the Member's Account.
Members are responsible for selecting a secure and reliable mail delivery
address for their payments and other communications. We are not responsible
for any stolen or lost checks and will not replace checks allegedly cashed
improperly by third parties so long as such check was sent to the mailing
address as indicated in your Account information at the time such check
was sent. If your household mailbox is not secure, we recommend you
obtain a secure post office box.
Code of Conduct
By agreeing to these Terms, you're agreeing that you will also follow these rules:
(1) Do not publicly display or use the Site /features to share inappropriate Content or material including but not limited to;
nudity, pornography, graphic violence, use harassing or hate comments to employees of site and/or its members.
This includes the site and all forms of social media (Facebook, Twitter, Instagram). Failure to comply may result in the loss of account and earnings.
(2) You are responsible for all usage on your account, whether or not authorized including your log in, password and account information.
Any information you provide to SendEarnings® or our Partners must be accurate.
You can stop using the service anytime you want. If you cancel your account you will also be deemed to cancel your balance.
Members can use their Referral URL to refer other Members to SendEarnings®.
Because SendEarnings® allows only one Account per Computer, our
referral tracking software will not allow one Member to refer another
Member if they are using the same Computer.
SPAM and Unsolicited Email
Members may not SPAM (send unsolicited email to persons they do
not know) in order to refer other Members to SendEarnings®. We cannot
possibly list all acceptable and unacceptable methods of advertising.
If a Member has a specific question as to whether or not a particular
advertising method is acceptable, they should contact us prior
to engaging in that action.
- Members may not send Unsolicited Email advertising SendEarnings®
Members may send Solicited Email to their subscribers advertising
SendEarnings®. However, Members must adhere to all current legislation,
including the CAN-SPAM Act.
Members may use our Refer-a-Friend Service to automatically send
an Email notification to their friends. However, if the Member’s
Refer-a-Friend Email results in a SPAM complaint, the Member’s
Account may be terminated. Members should use the Refer-a-Friend
Service to notify only their close personal friends.
False Advertising and Testimonials
Members may not make untrue or exaggerated statements when advertising SendEarnings® or engage in
any unfair or deceptive trade practice as defined by law. For example, a Member may not put on their own
website, blog or social media account: “Join SendEarnings® and get paid $1.00 for every Email
you read!” If the Member provides information about SendEarnings® to others through any
communication tool, they must ensure the information is updated and accurate. Member’s Account may
be terminated for false advertising.
You must be especially careful to obey applicable laws and regulations regarding testimonial or endorsement
by you recommending SendEarnings®, an Advertiser or Offer, so that such testimonial or endorsement is
not false or misleading. For example, if you made an online statement recommending SendEarnings®,
then you should also disclose the material connection between yourself and SendEarnings®. For greater
detail, please see the FTC’s guidance on testimonials and endorsements:
Referral Rewards are posted to a Member’s Account for all qualified earnings generated by Members they refer to
SendEarnings®. Qualified earnings are defined in the Support Center.
If you choose to promote SendEarnings®, you must do so in accordance with CAN-SPAM.
Please do not abuse our refer a friend service.
You may not make false claims or violate laws when promoting SendEarnings®.
A Member’s Account may be set to inactive for any of the following reasons:
Invalid Email Address
If SendEarnings® receives a bounce-back error message or similar
message when sending an Email to a Member, then that Member’s
Account will be set to inactive. A bounce-back message may occur
if the Member has added SendEarnings® to their “Ignore List” or
marked a message from SendEarnings® as SPAM, or for other reasons.
Members should add the address email@example.com to their “Allow
List” and/or Address Book.
Failure to Remain Active
If a Member does not visit any one of our Service Platforms while being logged in or
confirm a PaidEmail® at least one time within a 10-day period,
their Account may become inactive. SendEarnings® reserves the right
to change this number at any time.
Payment Requests are removed if a Member’s Account becomes inactive. The automated system
that deactivates Members based on the above criteria runs immediately prior to payment requests
being processed. Therefore, it is possible for a Member’s Account to be active right up until the moment before
their payment is processed. SendEarnings® urges Members to ensure their Account remains active in
order to avoid any delay in processing payments.
If a Member’s Account becomes inactive, they can reactivate
it within 6 months of the Account being placed on inactive status
by logging into the Member’s Section and requesting a Confirmation
Email be sent to them. When the Member clicks the link provided in the
Confirmation Email, their Account will be reactivated.
Payments are not processed for Inactive accounts. Please keep your account active to ensure timely processing of your payment requests.
Accounts going inactive for 6 or more months will be removed and all Cash or other items posted to the Account will be cancelled.
IV. PERMANENT REMOVAL
If a Member (or their authorized beneficiary in the event of the Member's death) does not visit one of our Service
Platforms while being logged in, receive a credit for a check that has not been cashed pursuant to Section I.8., or
confirm a PaidEmail® at least one time within a 6-month period, their Account will be permanently
removed and all Cash or other items posted to their Account will be cancelled.
Your account is permanently removed and all Cash or other items posted to your Account are
cancelled if you go 6 months without participating in our program.
V. CASH EARNING ACTIVITIES
SendEarnings® has established relationships with advertisers and partners (collectively, “Advertisers”)
to provide Members with a variety of ways to earn cash (“Cash Earning Activities” or “Offers”).
Cash Earning Activities are made available to Members based on a variety of factors, including
demographic information, physical location, and participation level with SendEarnings®. SendEarnings® and
our Advertisers make no guarantees regarding the number or dollar amount of Cash Earning Activities
that will be available to Members at any time.
When a Member completes an Offer through SendEarnings®, they are creating a
direct relationship with the Advertiser who provided the Offer. Members should
review the Advertiser‘s Terms and Conditions relating to the Offer prior to
completing the Offer. SendEarnings® assumes no liability, obligation, or
responsibility for any Offer on any Service Platform, or for any subsequent billing
or relationship that occurs between Member and Advertiser. Members should
contact the Advertiser directly if they have any questions or disputes
relating to the Offer.
Some Offers provide additional incentives, such as gift cards, for completing the
Offer. In these cases, the incentive is provided directly by the Advertiser to the
Member, and is independent of the SendEarnings® program. There may be additional
requirements to receive these incentives beyond what is required to receive credit
from SendEarnings®. SendEarnings® is not responsible for these additional incentives.
Completion of Offers/Cash Earning Activities
Unless otherwise stated, Offers are available for first-time customers only. Members will not be credited
for completing an Offer if they have completed the Offer in the past, through SendEarnings®, any
other website, app, or communication tool, completion of or participation in offers, interactions with
Advertisers, or with the Advertiser directly.
To be credited for completing an Offer, Members should complete the Offer immediately after clicking the
Offer on our Service Platform or in a PaidEmail®. Returning to the Advertiser‘s
website at a later time to complete the Offer or completing the Offer over the phone may result in not
being credited for completing the Offer.
The tracking and crediting of Offer completions is done via Cookies. Members should ensure their web
browser (or any other applicable tool on a computer, tablet, smart-phone or similar device) is set to
allow all Cookies in order to be properly credited for Offers they complete. In addition, Members should
ensure their anti-virus and/or anti-spyware software does not automatically override their web
browser‘s / other device’s Cookie settings. We also automatically collect, and may share with
third parties, unique device identification numbers, as well as information about the type (brand / model)
of device you use to access the Service Platform. SendEarnings® also includes multiple third party
SDK’s within the Service Platform for multiple purposes, including to track which Members complete
From time to time, SendEarnings® may enter into a business relationship with other entities that
may involve tracking, collection and/or disclosure of certain information regarding Members. For example,
we might engage a third party market research firm that will track a Member’s physical location
through geo-tracking / mobile technology for market research purposes. A Member may choose to opt-out or
opt-in to this experience and offer. If the individual opts-in, the Member agrees to permit
location-tracking, and also may be required to agree to the Terms of Service for the applicable third
party. If a Member opts-in to location (geo) tracking, SendEarnings® may then share such
information with any/all the third parties with whom it does business that request such information.
Members may not install or make use of ad blocking software, tools or similar technologies (collectively,
“Ad Blockers”) while making use of any Service Platform(s).
Crediting of Offers/Cash Earning Activities
Most Offers will be credited to the Member‘s SendEarnings® account within a few
business days from completion, while others may take up to 30 days to credit.
Members should read and comply with all requirements of an Offer to ensure timely credit.
SendEarnings® credits Members for completing Offers based on information we receive from our
Advertisers. Thus, the Advertiser has the final say in whether or not a Member is credited for
completing an Offer. SendEarnings® makes no guarantee that Members will receive credit for
completing an Offer. Members should save all confirmation/welcome emails (and similar information)
they receive from the Advertiser after completing an Offer. This information can often be used to
credit a Member‘s account if not done automatically.
Many Offers on SendEarnings® include a free trial period that enables the Member to try the
product or service risk-free. Members should only complete these Offers if they have a genuine
interest in the product or service. Canceling a free trial immediately after joining may result
in not being credited for completing the Offer. SendEarnings® reserves the right, in our sole
discretion, to terminate a Member‘s account and cancel all Cash or other items posted to their
Account and referrals, in addition to any other legal remedies, in the event a Member‘s activity
We provide lots of ways for you to earn cash for your online activities.
When you complete Offers, you’re creating a direct relationship between you and the Advertiser that SendEarnings® is not part of. Always read the Terms and Conditions of Advertisers’ Offers.
Make sure you have Cookies enabled in your web browser / on your mobile device so we can properly track your completed activities and credit your account accordingly.
We credit your SendEarnings® account when the Advertiser pays us. It’s a good idea to save a copy of confirmation emails from the Advertiser in case the automated tracking doesn’t work properly.
VI. CASH AND PAYMENT
About Cash in Your Account
You can earn Cash which is posted to your Account as described in the other sections of these Terms and Conditions, and which
is subject to your compliance with all Terms and Conditions.
Your Account, including any Cash or other credits in your Account, is non-transferable and non-assignable, and may not be pooled, lent, sold, or exchanged.
We may change rules about requesting payments equal to the Cash balance or redeeming other credits in your Account at any time and such
changed rules will apply to Cash already posted to your Account as well as to Cash to be posted in the future.
You may request payment equal to the Cash balance of your Account (also referred to as “redeeming” Cash) only as permitted by these Terms and Conditions.
Redeeming Cash and receipt of any corresponding payment by you is contingent upon your:
(1) full compliance with these Terms and Conditions generally;
(2) receipt of your request for us to convert the Cash in your Account to a payment, and
(3) compliance with the specific rules or terms then in effect
for the particular redemption offer.
Further, the Cash in your Account may be cancelled at any time pursuant to these Terms and
Conditions and represents (1) only a method by which we track your Cash Earning Activities and
(2) a contingent liability by us, unless and until final payment occurs on the corresponding payment
instrument we deliver to you pursuant to these Terms and Conditions.
NO REDEMPTION OF CASH UNTIL YOU HAVE AT LEAST THIRTY DOLLARS POSTED TO YOUR ACCOUNT ($30.00) (THE
“MINIMUM PAYMENT AMOUNT”). THE TERMS “CASH,” “DOLLARS,” AND SIMILAR
TERMS ARE USED INTERCHANGEABLY IN THIS DOCUMENT AND THROUGHTOUT OUR SERVICE PLATFORMS, BUT IT IS IMPORTANT
TO NOTE THAT CASH POSTED TO YOUR ACCOUNT IS UNEARNED AND A CONTINGENT OBLIGATION AS DESCRIBED BELOW AND
OTHERWISE HEREIN. YOU HAVE NO RIGHT TO REDEEM THE “CASH” IN YOUR ACCOUNT, AND WE HAVE NO
LIABILITY OR OBLIGATION TO PAY YOU WHATSOEVER, UNLESS AND UNTIL YOU HAVE POSTED TO YOUR ACCOUNT AT LEAST
THE MINIMUM PAYMENT AMOUNT IN YOUR ACCOUNT AND OTHERWISE COMPLIED WITH THESE TERMS AND CONDITIONS. UNLESS
AND UNTIL YOU HAVE POSTED TO YOUR ACCOUNT THE MINIMUM PAYMENT AMOUNT AND OTHERWISE COMPLIED WITH THE THESE
TERMS AND CONDITIONS, SUCH “CASH” IS DEEMED A CONTINGENT LIABILITY, WHICH IS ENTIRELY CONTINGENT
UPON: (1) YOUR ACCRUAL OF AT LEAST THE MINIMUM PAYMENT AMOUNT IN YOUR ACCOUNT, AND (2) YOUR FULL COMPLIANCE
WITH THESE TERMS AND CONDITIONS. UNLESS AND UNTIL YOUR ACCOUNT BALANCE REACHES THE MINIMUM PAYMENT AMOUNT
AND YOU HAVE OTHERWISE COMPLIED WITH THESE TERMS AND CONDITIONS, THE “CASH” IN YOUR ACCOUNT HAS
NO CASH VALUE AND MAY BE CANCELLED AT ANYTIME PURSUANT TO THESE TERMS AND CONDITIONS.
FOR EXAMPLE, IF YOU OPEN AN ACCOUNT WITH AN
INITIAL CASH BALANCE OF FIVE DOLLARS ($5.00), AND THEN ANOTHER
TEN DOLLARS ($10.00) OF CASH ARE POSTED TO YOUR ACCOUNT BALANCE, FOR A TOTAL OF $15.00 IN CASH,
YOU ARE NOT ELIGIBLE TO RECEIVE ANY PAYMENT, AND WE ARE NOT LIABLE
TO YOU FOR ANY AMOUNT. IN THIS EXAMPLE YOU WOULD HAVE TO EARN YET
ANOTHER FIFTEEN DOLLARS ($15.00) IN CASH, FOR A TOTAL OF THIRTY DOLLARS
($30.00) IN CASH POSTED TO YOUR ACCOUNT BALANCE, BEFORE YOU WOULD BE ENTITLED TO ANY PAYMENT.
Requesting Payment and Processing Fee
You can request payment of the Cash in your Account, subject
to the remainder of these Terms and Conditions, by clicking the
“Request Payment” link under the “My Account” tab.
As noted above, you may not request payment and the Cash in your
Account has no actual cash value until at least
the Minimum Payment Amount is posted to your Account and the conditions herein are otherwise satisfied. A description of each payment request
method will be displayed, and if the Member’s Account balance
is large enough, a link to request that method of payment will
also be displayed. Currently, the Minimum Payment Amount required
to request a Check payment is $30.00; however, this amount may
change. Members may have only one pending payment request at a time.
THERE IS A THREE DOLLAR ($3.00) PAYMENT PROCESSING FEE THAT WILL BE
DEDUCTED FROM YOUR ACCOUNT FOR EACH CHECK PAYMENT YOU REQUEST.
You are responsible for any and all tax liability arising from
or associated with your use of any Service Platform, including liability
arising from your accrual of Cash or your redemption of Cash for
cash or other items. We will require you to provide necessary tax
information about yourself prior to receiving payment when requesting
payment greater than $300 at one time or cumulatively during a
calendar year. SendEarnings® will file a 1099 tax form for any
Member who earns $600 or greater in one calendar year from our company,
CotterWeb Enterprises, Inc.
Requests to redeem Cash and send payments are processed on the first Wednesday that occurs at least 8 days
after the payment was requested. This means payment requests will be processed between 10 and 16 days after
request. After requesting payment, Members can view their scheduled payment processing date
by clicking the “My Profile” link under the “My Account” tab.
Payments are processed on Wednesday of every week and generally mailed via USPS within 3 days, depending
on holidays and how many payment requests there are for that week.
All payments are inspected immediately prior to processing. Payment
requests belonging to Members who have become Inactive (as described
above) or who have duplicate Accounts will not be processed and will be removed.
Returns and Reversals
Any time you return a purchased item for which
you received Cash in your Account, and any time you void, cancel,
rescind, or reverse any Cash Shopping transaction for which you
received Cash in your Account, SendEarnings® may subtract a corresponding
amount of Cash from your Account. Similarly, if any Advertiser
notifies us that it is reversing its transaction with you for any
reason on any of our Cash generating activities, we will subtract
a corresponding amount of Cash from your Account. A pattern of completing
Offers followed by reversals is considered fraudulent activity, and may result
in the termination of your SendEarnings® account and forfeiture of your Cash
earnings and referrals.
SendEarnings® reserves the right to request further information
from Members to ensure they have not fraudulently completed Offers. This information
may include, but is not limited to, a copy of the credit card statement that was used to complete
the Offers, in order to ensure a stolen credit card was not used.
SendEarnings® reserves the right to place any payment request
on hold, for any reason, until the requested information has been
provided by the Member. Ample notice will be given to the Member to
provide this information. If the Member does not provide this information
before their payment is scheduled to be processed, their Account
will be suspended until they do so. All decisions by SendEarnings®
regarding fraud or suspected fraud are binding and final.
You can’t transfer or pool your Cash or other items posted to your Account with anyone else.
You need a minimum of $30 in your account before you can request payment.
We charge a $3 processing fee to process your payment. For example, if you have $35 in your account and request payment, you will receive $35 - $3 = $32.
If you are paid more than $600 in any calendar year, we must file paperwork with the IRS. It is your responsibility to pay any required taxes.
We process payment requests each Wednesday. It will take between 10 and 16 days to process payments for first time requests, and between 3 and 9 days for Gold Members.
If you cancel or reverse a transaction with an Advertiser that resulted in a credit to your SendEarnings® account, we will take that credit away.
VII. GENERAL TERMS
Copyrights and Trademarks
All software, content, materials, images, and other items on or accessed directly through any Service
Platform (collectively, the “Content”) belong to CotterWeb, its third party licensors, or
third party Advertisers. There are some important rules about using and copying the Content. You may
download or print one copy of the Content on any Service Platform, but only for your personal,
noncommercial use. When you download or print a copy of the Content, you must also include all copyright
and other notices that are in the Content, including the copyright notice on the bottom of the page.
The Content and the Service Platform is protected by United States and foreign copyright laws, trademark,
trade secret, and other laws. If you use the Content or Service Platform in a way that is not clearly
allowed by these Terms and Conditions, you are violating your agreement with us and may be violating
copyright, trademark, and other laws. In that case, we automatically revoke your license to use the
Content and Service Platform and you must immediately destroy any copies you have made. All right, title,
and interest in and to the Content and Service Platform remains with CotterWeb or our third party licensors.
Any and all rights granted to you are provided under a limited license, and not sold or otherwise
transferred. All rights not expressly granted are reserved.
Except as explicitly permitted above, you agree that you shall not (and shall not permit any third party to):
(a) rent, lease, assign, sublicense, export, distribute, sell, lend, commercialize, or transfer any benefit
of or purported right to access the Content or the Service Platform, in whole or part to any third party;
(b) use or copy any Content or Service Platform for the benefit of any third party; (c) access or attempt
to access any account or portion of the Content or Service Platform to which a right of access is not
specifically granted; (d) attempt to access or derive the source code to any portion of the Content or the
Service Platform; (e) create any joint or derivative work involving any software to which you have access;
(f) decompile, disassemble, translate or reverse engineer any portion of the Content or Service Platform, or
otherwise discover or duplicate any content, data, technology, routines, computer software, algorithms,
methods or underlying ideas or design or user interface techniques included in any portion of the Content
and/or Service Platform; (g) except as explicitly permitted in these Terms and Conditions, alter or modify
in any way the functioning of the Content or Service Platform or interfere with the functioning of the Service
Platform or Content; (h) grant or purport to grant any right, title, interest, lien or option in any portion
of the Service Platform or Content, or in any intellectual property rights therein; or (i) remove, alter, add,
or obscure any copyright, trade secret, or trademark notice or any user notice, warning, disclaimer, consent
or advisory pertaining to or included in any information or materials provided or included with the Content
and/or Service Platform. Any breach of this Section 1 of the Terms and Conditions is, in addition to a breach
of contract, a violation of SendEarnings® copyright and other intellectual property rights.
Notice of Infringing Images or Content: DMCA Notice
If you believe in good faith that any photos, images, text, or other Content appearing
on any Service Platform infringes any copyright or other intellectual property right owned by
you, please send a Notice to:
CotterWeb Enterprises, Inc.
1295 Northland Drive
Mendota Heights, MN 55120
Notice. The notice must include the following information:
(a) a physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed; (b) identification of the
copyrighted work (or other intellectual property right) claimed to have been infringed;
(c) identification of the material that is claimed to be infringing or the subject of
infringing activity; (d) the name, address, telephone number, and email address of the
complaining party; (e) a statement that the complaining party has 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 (f) a statement that the information in the notification
is accurate and, under penalty of perjury, that the complaining party is authorized to
act on behalf of the owner of an exclusive right that is allegedly infringed. If US law
requires any additional or different procedure, then the terms of such law shall control.
Third Party Services
To enhance the value of the SendEarnings® service to its Members, we
may share certain Member information with third parties, including
demographic and other useful information. We will protect and require
third parties to protect personal information as described in our
And you agree that we may use and share information as described in our
LIMITATION OF LIABILITY
YOU AGREE THAT NEITHER COTTERWEB, NOR ANY PERSON OR COMPANY ASSOCIATED
WITH COTTERWEB, INCLUDING ADVERTISERS OR THIRD PARTY SUPPLIERS
(COLLECTIVELY, THE “COVERED ENTITIES”) SHALL BE LIABLE
FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE ANY SERVICE PLATFORM
OR THE MATERIALS ON ANY SERVICE PLATFORM. THIS PROTECTION COVERS
CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND
ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS ALL LOSSES AND CLAIMS
OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT,
SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE
DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES
RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.
THE TOTAL LIABILITY OF COVERED ENTITIES FOR LOSSES, DAMAGES, OR CLAIMS OF ANY KIND SHALL BE LIMITED TO
THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $ 100.00 IN AGGREGATE FOR ANY AND ALL CLAIMS. THE
LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL THE COVERED ENTITIES BE LIABLE
TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF ANY
SERVICE PLATFORM OR MATERIALS ARE EXCLUDED EVEN IF THE COVERED ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
ALL CONTENT ON ANY SERVICE PLATFORM IS PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE”
BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. COTTERWEB MAKES NO
WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH ANY
SERVICE PLATFORM, INCLUDING BUT NOT LIMITED TO THE OFFERS PROVIDED BY ADVERTISERS OR THIRD PARTIES, INCLUDING
“FRAMED” CONTENT PROVIDED BY ANY ADVERTISER OR THIRD PARTY. YOU ARE RESPONSIBLE FOR VERIFYING ANY
INFORMATION BEFORE RELYING ON IT. USE OF ANY SERVICE PLATFORM AND THE CONTENT AVAILABLE ON ANY SERVICE
PLATFORM OR LINKED TO BY ANY SERVICE PLATFORM IS AT YOUR SOLE RISK. COTTERWEB MAKES NO REPRESENTATIONS OR
WARRANTIES THAT USE OF ANY SERVICE PLATFORM WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE
FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM ANY SERVICE PLATFORM OR
FROM LINKED WEBSITES IS FREE OF VIRUSES OR SIMILAR DESTRUCTIVE PROGRAMS. YOU AGREE THAT COTTERWEB SHALL NOT
BE LIABLE FOR ANY CLAIM OR DAMAGES RELATED TO ANY LOSS, DESTRUCTION, OR ALTERATION OF DATA RELATED TO YOUR USE
OF ANY SERVICE PLATFORM. THE FOREGOING DISCLAIMER INCLUDES BUT IS NOT LIMITED TO RELIANCE BY YOU OR ANY THIRD
PARTY ON ANY CONTENT OR INFORMATION OBTAINED THROUGH THE USE OF ANY SERVICE PLATFORM, OR ANY DAMAGE OR HARM
RESULTING FROM ANY MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM ANY SERVICE
PLATFORM, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO ANY SERVICE PLATFORM, OR VIRUSES, WHETHER CAUSED
IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR
UNAUTHORIZED ACCESS TO ANY SERVICE PLATFORM, OR RELATED INFORMATION OR PROGRAMS. SOME JURISDICTIONS DO NOT
ALLOW SOME OR ALL OF THE FOREGOING EXCLUSION OF CERTAIN WARRANTIES, AND THEREFORE SOME OF THE FOREGOING
EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold the Covered Entities
described above harmless from and against any and all costs, liabilities,
losses, and expenses (including, but not limited to, reasonable
attorneys’ fees) resulting from any claim, suit, action,
or proceeding brought by any third party against any of the Covered
Entities alleging or arising from or related to your use of any Service Platform
or any breach of these Terms and Conditions by you. This paragraph
survives expiration or termination of your membership or these
Terms and Conditions.
You and SendEarnings® are independent contractors as to one another.
You are not SendEarnings’ agent or employee for any purpose
and shall not hold yourself out as SendEarnings’ agent or
Our contact information is:
CotterWeb Enterprises, Inc.
1295 Northland Drive
Mendota Heights, MN 55120
Members seeking support for their SendEarnings’ account should login to
the Member’s Section and click the “Support Center” link.
Governing Law and Jurisdiction
You hereby agree that the only proper jurisdiction and venue
for any dispute with SendEarnings® or any of the other Covered Entities,
or in any way relating to your use of any Service Platform, is in the state
and federal courts in the State of Minnesota, U.S.A. You further
agree and consent to the exercise of personal jurisdiction in these
courts in connection with any dispute involving SendEarnings® or
the Covered Entities. Any claims arising form or related to your
use of any Service Platform or relating to the information, services or
products available on any Service Platform will be governed by the laws
of the State of Minnesota, excluding the application of its conflicts
of law rules. You agree that any cause of action arising out of
or relating to these Terms and Conditions or your use of any Service Platform will
be commenced by you within one (1) year after such cause of action
arose. Actions not commenced by you within one (1) year are permanently
Limitation on Claims
You agree that in the event you have or may have any alleged
claim against SendEarnings® or any Covered Entity, you shall pursue
such claim only in your individual capacity, and you shall not
agree to join or be a part of any class action, consolidated action,
or similar action. You also agree that your damages are limited
as set forth elsewhere in these Terms and Conditions and that you are not
eligible to receive, and shall not seek, attorney fees in relation
to any claim you have or may have against SendEarnings® or any Covered
If any provision of these Terms and Conditions is held to be
overbroad, invalid, or unenforceable, such provision shall be deemed
amended to the minimum extent necessary to render such provision
valid and enforceable. If any provision can not reasonably be deemed
amended, then such provision shall be struck 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. Members may not sell, assign, or otherwise
transfer any rights under these Terms and Conditions, including
any membership, Cash, or other benefit. CotterWeb may assign or
transfer its rights and obligations under these Terms and Conditions.
Our failure to act with respect to any failure by you or others
to comply with these Terms and Conditions does not waive our right
to act with respect to subsequent or similar failures. These Terms
and Conditions, along with any changes or updates thereto by us
as described above, set forth the entire understanding and agreement
between us with respect to the subject matter hereof. All sections
of these Terms and Conditions, other than those sections dealing with your
future accrual of Cash, survive expiration or termination this Agreement, of your
Account or your right to use or visit any Service Platform for any reason.
You are not an employee of SendEarnings®.
The jurisdiction for any legal matters is the state of Minnesota.
If you sue us, you aren’t eligible to collect cost of attorney fees and your damages are limited. You can’t form or join a class action lawsuit.