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1. MEMBERSHIP

   1. Valid Information

      Users must be living individuals, and not corporations or any other type of entity. Users must provide a valid Email Address during registration in order to activate their SendEarnings^® Account. In addition, any time Users provide information to this Website, to any Advertisers as defined in Section IV, 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, User Profile, surveys, and any other place where information is requested.

   2. Comply with Laws

      Users must comply with all applicable laws and regulations as they relate to the use of this Website or relations with us.

   3. Duplicate Accounts

      Users may not create more than one Account with SendEarnings^®. In addition, we do not allow:

      1. More than one Account in the same Household
      2. More than one Account with the same Mailing Address
      3. More than one Account using the same Computer

   4. Signup Bonus

      To qualify for the Signup Bonus, Users must:

      1. Reside in the U.S. and have a valid U.S. Mailing Address
      2. Check the minimum number of Co-Registration (often referred to as “Opt-In” and “Opt-Out”) boxes required on the Signup Form (if applicable)
      3. Complete the User Profile located in the Member’s Section

   5. Account Cancellation

      Users may cancel their Account any time by logging into the Member’s Section and clicking the “Cancel Account” link. In addition, all Paid Email^® messages sent to Users include a link to the cancellation page. If a User cancels their Account, they will forfeit all their Cash in their Account and referrals. In addition, any requested or pending payments for that User are removed and forfeited.

   6. Username and Password

      In connection with your Account, you will create a Username and a Password. You are responsible for keeping your Username and Password confidential and secure, and you are responsible for all actions taken using your Username and Password.

   7. Age

      To create an Account, to be eligible to accrue Cash, or to otherwise use this Website, you must be at least eighteen (18) years old or the age of majority in your state or province of residence, which ever is greater.

2. REFERRALS

   1. Tracking

      Users can use their Referral URL to refer other Users to SendEarnings^®. Users can find their Referral URL in the Member’s Section. Because SendEarnings^® allows only one Account per Computer, our referral tracking software will not allow one User to refer another User if they are using the same Computer.

   2. SPAM AND UNSOLICITED EMAIL

      Users may not SPAM (send unsolicited email to persons they do not know) in order to refer other Users to SendEarnings^®. We cannot possibly list all acceptable and unacceptable methods of advertising. If a User 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.

      1. Users may not send Unsolicited Email advertising SendEarnings^®
      2. Users may send Solicited Email to their subscribers advertising SendEarnings^®. However, Users must adhere to all current legislation, including the CAN-SPAM Act. As part of the CAN-SPAM Act, Users must scrub their subscribers against our Suppression List and include a link for subscribers to add themselves to our Suppression List. For more information on our Suppression List, please contact us. SendEarnings^® reserves the right to refuse distribution of our Suppression List for any reason.

   3. Refer-a-Friend Service

      Users may use our Refer-a-Friend Service to automatically send an Email notification to their friends. However, if the User’s Refer-a-Friend Email results in a SPAM complaint, the User’s Account may be terminated. Users should use the Refer-a-Friend Service to notify only their close personal friends.

   4. False Advertising

      Users 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 User may not put on their Web Site: “Join SendEarnings^® and get paid $1.00 for every Email you read!” If the User provides information about SendEarnings^® on their website, they must ensure the information is updated and accurate.

   5. Referral Rewards

      Referral Rewards are credited to a User’s Account for all qualified earnings generated by Users they refer to SendEarnings. Qualified earnings are defined in the Support Center.

3. INACTIVITY

   A User’s Account will be set to inactive for any of the following reasons:

   1. Invalid Email Address

      If SendEarnings^® receives a bounce-back error message or similar message when sending an Email to a User, then that User’s Account will be set to inactive. A bounce-back message may occur if the User has added SendEarnings^® to their “Ignore List” or marked a message from SendEarnings^® as SPAM, or for other reasons. Users should add the address support@sendearnings.com to their “Allow List” and/or Address Book.

   2. Failure to Confirm Paid Email^® messages

      If a User fails to confirm 10 consecutive Paid Email^® messages from SendEarnings^®, their Account will be set to inactive. SendEarnings^® reserves the right to change this number at any time. To confirm a Paid Email^® message, a User must click the link in the Paid Email^® message, which loads the Paid Email^® advertisement. The User must then click the “click here to confirm reading this mailing" link. The User's Account will be credited and the User will be taken to the Advertiser's web site.

      SendEarnings^® sends a minimum of 3 Paid Email^® messages per week to U.S. Users. It is the User’s responsibility to ensure our Paid Email^® messages reach their Inbox. If the User is not receiving our Paid Email^® messages, they should add the address support@sendearnings.com to their “Allow List” and/or Address Book. If that does not correct the problem, the User should contact their Email provider or simply use a different Email Address.

   3. Reactivation

      If a User’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. The User will then have the option to have a Confirmation Email sent to them. When the User clicks the link provided in the Confirmation Email, their Account will be reactivated.

   4. Payment Requests

      Payment Requests are removed if a User’s Account becomes inactive. The automated system that deactivates Users based on the above criteria runs immediately before payments are processed. Therefore, it is possible for a User’s Account to be active right up until their payment is processed. SendEarnings^® urges Users to ensure their Account remains active by confirming Paid Email^® messages sent to them in order to avoid any delay in processing payments.

   5. Current and Accurate Contact Information

      Users are responsible for maintaining accurate and complete contact information and promptly updating such information if a person moves, contact information otherwise changes, or if a User has difficulty with their email service provider. If any payment sent out to a User is returned to us for any reason, including our being provided with inaccurate or outdated contact information, we will continue to hold such payment for up to ninety (90) days and will resend the payment upon request and receipt of correct contact information within the ninety (90) day period. If we do not receive a request to resend payment along with corrected contact information within ninety (90) days then we will destroy the check, all Account Cash giving rise to the payment are deemed forfeit, and the payment is forfeited and permanently waived.

   6. Delivery Location

      Users 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 mail box is not secure we recommend you obtain a secure post office box.

4. Permanent Removal

   If a User’s account remains inactive as described above and the User has not logged into the Member’s Section; confirmed a Paid Email^® message; or completed a Cash Offers, Cash Games, Cash Shopping, or Cash Surveys transaction for a period of six (6) months (the “Maximum Inactive Period”) without being reactivated, their Account will be permanently removed and all Cash or other items accrued will be forfeited. In addition, if any User’s Account remains Inactive for the Maximum Inactive Period, then the Account will be permanently removed and all Cash or other items accrued will be forfeited. In the event of a death of any User, such User’s Account is automatically and immediately terminated, and all Cash or other items accrued in such Account are forfeited.

5. CASH OFFERS

   1. Terms of Offers

      SendEarnings^® displays Offers on this Website from many different third party companies (collectively, “Advertisers”). CotterWeb does not provide the Offers, and only Advertisers are responsible for their individual Offers. SendEarnings^® is not responsible for the Terms and Conditions of any of the Offers listed on our Website. Users should carefully read all of the Terms and Conditions of an Offer before completing it. SendEarnings^® is not responsible for any billing or ensuing contracts or relations between Users and Advertisers. SendEarnings^® does not have contact information for Advertisers. Users should contact Advertisers directly for all questions or disputes relating to the Offer.

      Some Offers provide rewards to Users in addition to the Cash offered by SendEarnings^®, such as Gift Cards, Free Gas, Digital Cameras, and others. These rewards are provided by the Advertisers and not SendEarnings^®. Often times, Users must meet requirements that are not necessary to receive Cash rewards from SendEarnings^® in order to qualify for the additional rewards. Users should be sure to read all of the Terms of the Offer to determine what those requirements are. SendEarnings^® is not responsible for these additional rewards.

      There are times when Advertisers change the Terms of an Offer without notifying us. Therefore, SendEarnings^® makes no guarantees on the accuracy of the Offer descriptions listed on our Website. In addition, if an Advertiser changes the payout of an Offer, the User may receive a lower amount of Cash than what was indicated at the time they completed the Offer.

   2. Offer Completion

      Users may complete an Offer only if they have not completed the Offer in the past, either through SendEarnings^®, any other website, or with the Advertiser. Users will not be credited for completing an Offer if they have already completed the Offer in the past.

      Users must complete the Offer by clicking on the Offer from our Web Site and completing all of the Offer requirements as given by the Advertiser. The User must not return to the Advertiser’s Web Site at a later date or complete the Offer via telephone, as this interferes with our ability to track offer completion.

      Users must ensure their Web Browser is set to allow all Cookies to ensure proper tracking occurs. In addition, Users should ensure they do not have anti-virus and/or anti-spyware software running that is set to override the Browser’s Cookie settings or any software provided by us.

   3. Offer Crediting

      Most Offers are credited to the User’s SendEarnings^® Account instantly after completion; however, some Offers can take up to 30 days to credit. The amount of time an Offer takes to credit is solely dependent on the Advertiser, and SendEarnings^® is not responsible for this delay. Users should read and comply with all of the Offer requirements to ensure timely credit.

      SendEarnings^® does not guarantee a User will receive credit for completing an Offer. The Advertiser has the final say in whether or not a User receives credit. Only if and when SendEarnings^® receives credit from the Advertiser, then we will issue credit to the User; however, if the Advertiser fails to issue credit to SendEarnings^®, we cannot credit the User.

      Users should save all Confirmation Emails received from Advertisers after completing an Offer. Often times those Emails can be used to manually credit the User’s Account. However, presenting the confirmation email does not guarantee you will receive credit for completing an Offer.

      Many of the Offers listed on SendEarnings^® include a free trial so that Users can evaluate the product or service without cost. Users should not complete the Offer unless they have a genuine interest in the product or service. Canceling a free trial immediately after joining may interfere with our tracking and may result in not being credited or having credit revoked. Moreover, completing and subsequently canceling a large number of free trial Offers may be grounds for non-payment, in the sole discretion of SendEarnings^® and the associated Advertisers. We may also terminate an Account or deny credit of Cash, in addition to any other legal remedy, in the event a User’s activity appears fraudulent or that participation in Offers is a sham, in our sole discretion.

6. CASH GAMES

   1. Creation of Cash Games Account

      To create an SendEarnings^® Cash Games Account, the User should login to the Member’s Section.

      If a User already has an Account with WorldWinner (the company we have an agreement with in order to provide Cash Games), they are not eligible to receive rewards from SendEarnings^® for their Cash Games play.

   2. Cash Games Crediting

      In order to earn Cash in their SendEarnings^® Account, the User must first deposit funds into their Cash Games Account. The User must then wager their funds in real money Cash Games. For every $1.00 wagered in real money Cash Games, the User will earn approximately $0.05 in their SendEarnings^® Account. Users should allow 3-5 business days for Cash Games earnings to appear in their SendEarnings^® Account.

      Cash Games earnings are credited to User Accounts as reported by WorldWinner. They have the final say in whether or not the User is credited. Therefore, SendEarnings^® does not guarantee Users will be credited for participating in the Cash Games.

      Although Users may earn Cash in their SendEarnings^® Account for participating in Cash Games as described above, Users should understand that the games themselves are operated by WorldWinner, which is a separate company not owned or controlled by CotterWeb. If a User has any dispute or concern arising out of any Cash Games, the User should communicate with WorldWinner. CotterWeb specifically disclaims any and all representations and warranties of any kind as related to Cash Games and/or WorldWinner.

7. CASH SHOPPING

   1. Cash Shopping Crediting

      Users can earn Cash in their SendEarnings^® Account for purchases they make online by logging into our Member’s Section and clicking the “Cash Shopping” link. Users can shop at hundreds of Advertiser web sites and even have access to special coupons from select Advertisers. Users are solely responsible for their dealings with these Advertisers, and SendEarnings^® disclaims all liability and responsibility for or related to such transactions.

      Cash is credited to User Accounts as reported by the Advertisers. The Advertisers have the final say in whether or not the User is credited. Therefore, SendEarnings^® does not guarantee Users will be credited for participating in the Cash Shopping program. Users agree that if they have any dispute with an Advertiser they will pursue such matter exclusively with the Advertiser and not with SendEarnings^®.

8. CASH SURVEYS

   1. Cash Surveys Qualification

      Users can earn Cash in their SendEarnings^® Account for completing market research studies (surveys) by logging into our Member’s Section and clicking the “Cash Surveys” link. Users will be asked a series of qualifying questions to determine whether or not they qualify for any of the market research studies (surveys). This qualification process is based on the demographics being targeted by each individual Advertiser and is not related to SendEarnings^®. Although most Users do qualify for at least one market research study (survey), SendEarnings^® does not make any guarantees to this effect.

      After a User has qualified for a market research study (survey), the actual survey will begin. Some Advertisers further screen Users by asking disqualification questions. Certain answers will disqualify the User from that market research study (survey).

      Users MUST provide accurate and honest answers during both the qualifying questions and the actual market research studies (surveys). If a User is found to be providing fraudulent information, they will not be credited, and their SendEarnings^® Account may be terminated.

   2. Cash Surveys Crediting

      Users must successfully complete a market research study (survey) in order to be credited. If a User does not initially qualify or if the User is disqualified based on answers given, then a survey has not been completed and no credit will be awarded.

      Cash Surveys earnings are credited to User Accounts as reported by the Advertisers. They have the final say in whether or not the User is credited. Therefore, SendEarnings^® does not guarantee Users will be credited for participating in the Cash Surveys program.

9. PARTNER SITES

   1. SendEarnings^® Partners

      SendEarnings^® partners with other companies to provide additional services to Users. Partner sites can be accessed by logging into the Member’s Section and clicking the “Partner Sites” link. Users acknowledge that each partner is responsible for their own web site, products, services, and deliverability. Each partner may alter their terms and conditions, products, or services at any time without the knowledge or approval of SendEarnings^®. Users agree that SendEarnings^® has no liability with regard to partner products or services. SendEarnings^® may terminate its relationship with any partner at any time without advance notice to Users.

   2. Partner Sites Crediting

      Some Partner Sites may offer Users the opportunity to earn cash back in their SendEarnings^® Account for participation on the Partner Site. A User’s SendEarnings^® Account will be credited for activity on Partner Sites as reported to SendEarnings^® by our partners. Users may have earnings removed from their SendEarnings^® Account if the earnings were determined to be generated fraudulently by either SendEarnings^® or our partners.

10. CASH AND PAYMENT

    1. About Cash in Your Account

       You can earn Cash which is credited 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 Cash payment or redeeming other credits in your Account at any time and such changed rules will apply to Cash already accrued as well as to Cash accrued in the future. You may request Cash payment out of your Account (also referred to as “redeeming” Cash) only as permitted by these Terms and Conditions. Redeeming Cash and receipt of any payment by you is contingent upon your: (1) full compliance with these Terms and Conditions generally; and (2) compliance with the specific rules or terms then in effect for the particular redemption offer.

    2. NO REDEMPTION OF CASH UNTIL YOU HAVE ACCRUED AT LEAST THIRTY DOLLARS IN YOUR ACCOUNT ($30.00) (THE “MINIMUM PAYMENT AMOUNT”). THE TERMS “CASH,” “DOLLARS,” AND SIMILAR TERMS ARE USED INTERCHANGEABLY IN THIS WEBSITE. 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 ACCRUED AT LEAST THE MINIMUM PAYMENT AMOUNT IN YOUR ACCOUNT. UNLESS AND UNTIL YOU HAVE ACCRUED THE MINIMUM PAYMENT AMOUNT, SUCH “CASH” IS DEEMED A CONTINGENT LIABILITY, THAT 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, THE “CASH” IN YOUR ACCOUNT HAS NO CASH VALUE.

       FOR EXAMPLE, IF YOU OPEN AN ACCOUNT WITH AN INITIAL BALANCE OF FIVE DOLLARS ($5.00), AND THEN ACCRUE ANOTHER TEN DOLLARS ($10.00) IN CASH IN YOUR ACCOUNT, FOR A TOTAL OF $15.00, 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), FOR A TOTAL OF THIRTY DOLLARS ($30.00) ACCRUED BALANCE, BEFORE YOU WOULD BE ENTITLED TO ANY PAYMENT.

    3. 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 logging into the Member’s Section and clicking the “Request Payment” link. As noted above, you may not request payment and the Cash in your Account has no actual cash value until you have accrued at least the Minimum Payment Amount. A description of each payment request method will be displayed, and if the User’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. Users may have only one pending payment request at a time. THERE IS A THREE DOLLAR ($3.00) CHECK PROCESSING FEE THAT WILL BE DEDUCTED FROM YOUR ACCOUNT FOR EACH CHECK PAYMENT YOU REQUEST.

    4. Tax Matters

       You are responsible for any and all tax liability arising from or associated with your use of this Website, 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.

    5. Payment Schedule

       Requests to redeem Cash and send payments are processed on a Net-30 basis. That means payment requests are processed 30 days after the end of the month in which the redemption and payment was requested. For example, a payment request that takes place any time in October would be processed on December 1. After requesting payment, Users can view their scheduled payment processing date by logging into the Member’s Section and clicking the “Payment History” link.

       Payments are processed on the 1st of every month and generally mailed via USPS by the 5th, depending on the day of the week and how many payment requests there are for that month.

       All payments are inspected immediately prior to processing. Payment requests belonging to Users who have become Inactive (as described above) for the Maximum Inactive Period or who have duplicate Accounts will not be processed and will be removed, and corresponding Cash in the Account will be forfeit.

    6. Returns and Reversals

       Any time you return a Cash Shopping 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^® will 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.

    7. Fraud Prevention

       SendEarnings^® reserves the right to request further information from Users to ensure they have not fraudulently completed offers or participated in offers with no intent to ultimately go through or honor the offer. 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 User. Ample notice will be given to the User to provide this information. If the User 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.

11. GENERAL TERMS

    1. Copyrights and Trademarks

       All content, materials, images, and other items on or accessed directly through this Website (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 this Website, 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 is protected by United States and foreign copyright laws. If you use the Content 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 you must immediately destroy any copies you have made. All right, title, and interest in and to the Content remains with CotterWeb or our third party licensors. All rights not expressly granted are reserved.

    2. User Postings, Messages, and Chat

       The Website may include certain sections in which, now or in the future, Users are permitted the opportunity to post comments, feedback, other messages, or the opportunity to communicate with other Users. All such communications provided by you on or through this Website, or sent to us by email, mail, or other means (collectively, “Postings and Messages”) will be considered non-personal, non-confidential, and non-proprietary. You hereby grant CotterWeb a perpetual, worldwide, royalty-free, unrestricted, irrevocable license to use, reproduce, display, perform, modify, create derivative or collective works, transmit and distribute your Postings and Messages, and agree that CotterWeb is free to use such Postings and Messages for any purpose and in any medium. You further grant CotterWeb the right to sublicense or assign any of the foregoing rights to others. In addition, you grant a license to all Website members to print one (1) copy of your Postings or Messages for their personal use only.

       All Postings and Messages appearing on the Website are the responsibility of the person providing such Posting or Message. CotterWeb is not responsible for the contents of any Posting or Message. CotterWeb does not in any way endorse the contents of any Posting or Message, nor does it guarantee the accuracy or completeness of any Posting or Message. You are advised that Postings or Messages may be false or misleading. Any action you may take in reliance on any Posting or Message appearing on this Website is solely at your own risk.

       If you believe a Posting or Message by another User violates the copyright or other proprietary rights of a third party please notify us immediately, specifically identifying the offending Posting or Message as well as the true copyright owner and any supporting information, and we will take appropriate action. You also agree that we may communicate with you, by email or any other method, regarding your participation with SendEarnings^® and related activities.

    3. Website and Program Termination

       We may discontinue or terminate all or any part of this Website or the Cash earning and Account program at any time. In the event we terminate in its entirety the Cash program, Users will have thirty (30) days in which to redeem any Cash which they are entitled to redeem under these Terms and Conditions.

    4. Privacy and Security

       You understand and agree that we will handle information as described in the Privacy Policy, as it may be modified from time to time. SendEarnings^® uses a variety of security measures to protect the integrity of this Website, as well as Account and individual information. However, we can not and do not guarantee absolute security, and we are not responsible for any illegal acts of third parties including hacking or similar activities.

    5. 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 THIS WEBSITE OR THE MATERIALS ON THIS WEBSITE. 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. 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 THE WEB SITE OR MATERIALS ARE EXCLUDED EVEN IF THE COVERED ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    6. NO WARRANTY

       ALL CONTENT ON THIS WEBSITE 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 THIS WEBSITE, INCLUDING BUT NOT LIMITED TO THE OFFERS PROVIDED BY ADVERTISERS. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITE AND THE CONTENT AVAILABLE ON THE WEBSITE OR LINKED TO BY THE WEBSITE IS AT YOUR SOLE RISK. COTTERWEB MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE 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 THE WEBSITE. 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 THE WEBSITE, OR ANY DAMAGE OR HARM RESULTING FROM ANY MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE WEBSITE, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE, OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE, 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.

    7. Indemnity

       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 the Website or any breach of these Terms of Use by you. This paragraph survives expiration or termination of your membership or these Terms of Use.

    8. Independent Contractor

       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 employee.

    9. Contact Us

       Our contact information is:

       CotterWeb Enterprises, Inc.
       1295 Northland Drive
       Suite 300
       Mendota Heights, MN 55120
       USA
       Email: support@sendearnings.com
       

       Please contact us immediately if you believe any information or item on this Website violates any copyright or other right of any third party.

    10. 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 this Website, 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 this Website or relating to the information, services or products available on this Website 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 of Use or your use of the Website 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 barred.

    11. 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 of Use 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 Entity.

    12. Miscellaneous

        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. Users 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 of Use, other than those sections dealing with your future accrual of Cash, survive expiration or termination of your Account or your right to use or visit this Website for any reason.