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UniversityCash Terms and Conditions (Revised 01/05) |
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University Cash, Inc. operates an interactive online program called "University Cash" ("University Cash") that enables its users ("Users") to access the Web sites of third-party merchants ("Merchants") to purchase certain goods or services from such Merchants' sites, and to earn rebates ("Rebates") generated by their purchases and based on referral fees paid to University Cash by Merchants. University Cash enables Users to direct rebates to a college or college-related group ("Designated Group"). The amount of the rebate will be in accordance with University Cash's policy in effect at the time purchase is made.
University Cash has the sole authority to determine which Merchants participate in the University Cash program and the amount of rebate for such Merchant. University Cash will make every effort to exclude from the University Cash program merchants that sell or provide explicit materials, adults themes, foul language, or offensive materials. |
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Acknowledgement and Acceptance: |
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By enrolling and/or using the University Cash Program and website, you acknowledge and accept this Agreement ("Agreement") and that your membership in University Cash shall conform to its terms and conditions.
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Terms of Participation: |
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Only individuals 18 years or older and residing in the U.S., U.S. territories, or a member of the U.S. Military (or a U.S. Military family member living overseas) may enroll in University Cash and become Users.
If a Designated Group has accumulated rebates in its account but does not Enroll (defined below) within 360 days of the date on which the last rebate was earned, then University Cash will mail the accumulated rebates to the College fundraising department if the rebates exceed $100. If the Designated Group does not enroll and the amount is less than $100 the Designated Group will forfeit rebates in its account and such rebates will revert to University Cash for University Cash Scholarship fund use. The User shall have no rights to the rebate upon forfeiture of the said rebate by the Designated Group. To be considered "Enrolled" a Designated Group must assign a UniversityCash Coordinator or Group that verifies the address and payment information of the Designated Group and agrees to the University Cash Terms of Use. Once the Designated Group is Enrolled, it is eligible to receive rebate checks.
University Cash issues payment three times anually to Designated Groups who have accrued $100 or more in rebates. Checks are mailed to the address of record for each Designated Group or to the fundraising department of the Designated Group. University Cash is not responsible for lost or stolen checks once issued.
University Cash reserves the right to publish on its website and in collateral and other marketing or informational materials the name, city, and state of Designated Groups and aggregate earnings of any such Designated Group. |
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Individuals and Groups: |
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Users and Designated Group members agree not to abuse University Cash privileges by conduct which is detrimental to the interests of University Cash, including without limitation attempting to accrue rebates in a manner inconsistent with the rules of University Cash or intent of this Agreement, attempting to earn rebates through other than legitimate channels, participating in purchasing fraud, etc.
University Cash reserves the right to terminate or disable, at University Cash's sole discretion, any University Cash membership if University Cash believes such Designated Group or User has violated or acted inconsistently with the rules of University Cash or intent of this Agreement. User understands and agrees disabling of membership will result in User's inability to earn rebates. User understands and agrees termination of membership will result in the cancellation of all of User's unpaid rebates. A Designated Group may also request to be removed from University Cash, and by doing so may forfeit all unpaid rebates to University Cash.
University Cash shall be the sole determiner in cases of suspected abuse, fraud, or violation of its rules and any decision it makes relating to termination of membership (including cancellation of unpaid rebates) shall be final and binding. |
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Restrictions: |
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User is not authorized to make any representations or warranties to a Designated Group regarding the rebates or the University Cash program. The rebates are made by University Cash and are not tax-deductible by User. At its sole and exclusive discretion, University Cash reserves the right to refuse any college or related organization or any User entry into the University Cash program, for any reason or no reason at all. |
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Limitations: |
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User understands that University Cash does not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. University Cash is not a party to the transactions entered into between Users and Merchants. USER AGREES THAT USE OF THE UNIVERSITYCASH PROGRAM IS AT THE SOLE RISK OF USER AND THAT THE UNIVERSITY CASH PROGRAM IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL UNIVERSITYCASH OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN USERS AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO THE UNIVERSITYCASH.COM SITE. IN NO EVENT SHALL UNIVERSITY CASH NOR ITS AFFILIATES BE LIABLE TO USERS FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND. |
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Intellectual Property: |
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The trademarks, logos and services marks ("Marks") displayed on the UniversityCash.com Site are the property of University Cash, Inc. and other parties. Users are prohibited from using any Marks for any purpose without the written permission of University Cash, Inc. or such third party who may own the Marks. All information and content including any software programs available on or through the UniversityCash.com Site ("Content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the UniversityCash.com Site for commercial or public purposes. |
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Merchant Policies: |
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Users who buy products or services from Merchants will be deemed to be customers of Merchant. All rules, policies (including privacy policies) and operating procedures of Merchant will apply to Users while on such Merchant's site or local store location. University Cash is not responsible for information provided by Users to Merchants. Merchant and University Cash are independent contractors and neither party has authority to make any representations or commitments on behalf of the other. |
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Links To Other Sites: |
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Access to any other Internet web site linked to the UniversityCash.com Site is at the User's own risk. User should be aware that linked web sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from the provisions provided on the UniversityCash.com Site. University Cash is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions. |
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General: |
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User agrees to use the UniversityCash Program in accordance with UniversityCash's policies and procedures in effect from time to time. User will not use the University Cash Program in a manner that is prohibited by any law, rule or regulation. These terms of use are governed by the laws of the State of California without reference to its conflict of law principles and each User consents to the personal jurisdiction of the courts within the State of California for any action arising out of use of the University Cash Program. These terms and conditions constitute the entire agreement between University Cash and User. Valid email addresses are required for eligibility in all University Cash promotions. |
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