TERMS & CONDITIONS
User Agreement

ThanksSites.com, LLC (“ThanksSites.com”) utilizes commission based affiliate marketing from our merchant partners (“Affiliate Merchants”). To ensure that you, as a ThanksSites.com Registered User (“User”), fully understand what your rights are as a user, and what our responsibilities are to you, we have created this User Agreement (“Agreement”). As a User of the ThanksSites.com website (referred to herein as “ThanksSites.com” or the “Site”) you agree that you have read, understand and agree to the following “Terms and Conditions” and consent to be bound by all of the “Terms and Conditions” including any future amendments or updates thereto.

If you continue to browse and use the Site, you are agreeing to comply with and be bound by the “Terms and Conditions” of use, which together with our Privacy Policy govern ThanksSites.com’s relationship with you in relation to the Site.

Terms and Conditions

I. ThanksSites.com Cash Back

As a User of ThanksSites.com, you have the ability to earn money in the form of automatic rebates, which are separate and apart from, and in addition to, any other discounts available thought ThanksSites.com. This section identifies the manner in which you may earn cash back rebates through ThanksSites.com, when you will be paid, and what rights you have as a User to the ThanksSites.com cash back rebates, and ThanksSites.com’s rights and responsibilities with respect to the ThanksSites.com cash back rebates program.

1. Program Overview: The ThanksSites.com cash back rebates program (“Program”) allows ThanksSites.com User to shop with ThanksSites.com participating merchants and earn cash back rebates. The Program is free to Users, and is conferred as a benefit of registration with ThanksSites.com. You are under no obligation to participate or purchase goods resulting in your ThanksSites.com cash back rebates. As a User, ThanksSites.com cash back rebates are automatically earned when you make a qualifying purchase from a merchant participating in the Program (a “Participating Merchant”) on our store pages on the Site. Some Participating Merchants may have special requirements the User must meet in order to earn ThanksSites.com cash back rebates. Participating Merchants are identified by a corresponding offer, either percent of cash back rebate or dollar amount of cash back rebate, next to their store name.

2. Eligibility: The Program is offered for purchases made through links on the ThanksSites.com website. You must have internet access and a valid working email address to receive the privileges of the Program. Furthermore, participation in the Program is limited to individuals that are 16 years of age or older. Club and Organization participation is limited to groups approved by the ThanksSites.com team, not to include any organizations that fund or support illegal activity or adult related content or themes.

3. Earning ThanksSite.com Cash Back Rebates: To be eligible to receive ThanksSites.com cash back rebates, you must make a qualifying purchase. Generally, in order to make a qualifying purchase, you must satisfy the following criteria:

i. You must be 16 years of age or older

ii. You must log-on to ThanksSites.com with your user name and password

iii. You must link to a Participating Merchant from ThanksSites.com stores pages

iv. You must add items in to your shopping cart

v. You must complete your transaction

vi. You must have cookies enabled on you web browser

Reason why you will not earn cash back rebates through ThanksSites.com, include but are not limited to, the following:

i. You are under the age of 16

ii. Your club or organization is involved in topics or activities not approved by the ThanksSites.com team.

iii. You do not log-on to ThanksSites.com with your user name and password

iv. You go directly to the Participating Merchant without visiting the ThanksSites.com store pages first

v. You complete multiple transactions without returning to the ThanksSites.com Site. (Completing each transaction ends you cash back rebates session with ThanksSites.com and you have to start over to earn cash back rebates on additional items).



vi. You type a new address (URL) in the window opened by a ThanksSites.com page

vii. You click on any “special offers” or toolbars from other websites while shopping

viii. You allow too much time to lapse between linking to the merchant and completing the purchase

ix. You contact the merchant to change the order

x. You fail to abide by the restrictions imposed by the Participating Merchant

xi. The Participating Merchant fails to report to ThanksSites.com the commission corresponding to the transaction

xii. You have been notified by ThanksSites.com that you, or certain purchases, are not eligible for a cash back rebate

Determination of whether or not a purchase is made through a Participating Merchant is a qualifying purchase is made at the discretion of ThanksSites.com.

ThanksSites.com is not responsible for tracking problems resulting from incorrect usage of the ThanksSites.com Site, disabling cookies, computer issues resulting from unknown causes such as third-party software or other issues, merchant partner errors/omissions or from any other failure of tracking mechanisms.

Upon registration of your user name with ThanksSites.com, an account will be set-up in your name with ThanksSites.com. Your personal account will be used to track all your purchases and cash back rebates through ThanksSites.com and our Participating Merchants. The appropriate ThanksSites.com cash back rebate will be posted to your account within 30 days of being reported by the Participating Merchant. Once the Participating Merchant authorizes the payment of the ThanksSites.com cash back rebate in connection with your qualifying purchase, we will send you a check in the amount of the cash back rebate. This can be a period up to one hundred and twenty days (120). You can view your balance and history by signing into your account at ThanksSites.com.

4. Account Adjustments: ThanksSites.com cash back rebates awarded to you are subject to adjustments for returns and cancellations, ThanksSites.com receipt of information and payments on such purchases/orders from Participating Merchants, and other events. ThanksSites.com reserves the right to make adjustments to User’s accounts at any time in accordance with this Agreement. If you disagree with any adjustments made to your account, your sole remedy is to discontinue use of ThanksSites.com ThanksSites.com is not responsible for changes to, or discontinuance of, any Participating Merchant, or Participating Merchants withdrawal from the Program, or for any effect on accrual of ThanksSites.com cash back rebates caused by such changes, discontinuance or withdrawal.

5. Termination of Program: ThanksSites.com reserves the right to terminate the Program in whole or part at any time without notice. In the event the Program is terminated, ThanksSites.com will provide you with any outstanding cash back refunds as they are approved by the Participating Merchants. Notification of Program termination will be sent to you via email, using the email you specified upon your registration with ThanksSites.com. ThanksSites.com will not be responsible for failing to notify you of Program termination where such failure is caused by an inaccurate email address, your failure to check email online, or your failure to inform ThanksSites.com of a change in your email address.

6. Member Responsibilities: You are responsible for maintaining accurate account information at all times, including valid email address information. You are responsible for keeping your email address, password and all other information regarding your account confidential. ThanksSites.com is entitled to act on instructions received under your user name and password. ThanksSites.com is not responsible for any credits or debits made to your account by someone else who uses your user name and password. ThanksSites.com will not be responsible for any losses or liabilities incurred through the use of your user name and password by a third party. You are also responsible for reviewing your account balance on a regular basis, and for checking to ensure that all ThanksSites.com cash back rebates have been properly credited to your account. If a discrepancy appears in your ThanksSites.com account, such as a cash back rebate not being properly credited, it is your responsibility to contact the ThanksSites.com team via out Contact Us link on the site within sixty (60) days of the purchase/order date from the Participating Merchant. If you fail to contact ThanksSites.com within the sixty (60) day period, such purchase/order shall be deemed to be accurate and you hereby waive any right to dispute said purchase/order.

7. General: Participation in the Program is personal to you. ThanksSites.com cash back rebates may not be assigned or transferred to any third party, except as expressly permitted by ThanksSites.com in writing.

ThanksSites.com will use information collected from you as set forth in our Privacy Policy. You are encouraged to read our Privacy Policy to understand our information collection and use practices. You are responsible for any taxes that may be due on ThanksSites.com cash back rebates redeemed by you.

II. General Provisions

Disclaimers and Limitations of Liability

ThanksSites.com IS BEING PROVIDED BY ThanksSites.com "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, ThanksSites.com DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ThanksSites.com, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. YOU AGREE THAT ThanksSites.com WILL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING OUT OF A DISPUTE BETWEEN YOU AND ANY AFFILIATED MERCHANT, AND YOU HEREBY EXPRESSLY WAIVE ANY SUCH CLAIM AGAINST ThanksSites.com AND ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, SUBSIDIARIES, AGENTS AND REPRESENTATIVES. ThanksSites.com DOES NOT MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING ANY GOODS OR SERVICES OFFERED OR PROVIDED BY AFFILIATE MERCHANTS OR SUPPLIERS. ThanksSites.com DOES NOT MAKE ANY REPRESENTATIONS THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND ThanksSites.com ASSUMES NO RESPONSIBILITY FOR ANY DAMAGE CAUSED BY YOUR ACCESS, OR INABILITY TO ACCESS, THIS SITE, INCLUDING, BUT NOT LIMITED TO, YOUR INABILITY TO RECEIVE THANKSSITES.COM CASH BACK REBATES BY PURCHASING ITEMS WITH A PARTICIPATING MERCHANT.IN NO EVENT SHALL ThanksSites.com BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH YOUR USE OF ThanksSites.com; ANY ACT OR OMISSION BY ThanksSites.com IN ADMINISTERING THE WEBSITE OR THE PROGRAM; OR THE PURCHASE OR USE OF ANY GOODS OR SERVICES OF MERCHANTS OR SUPPLIERS, EVEN IF ThanksSites.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL ThanksSites.com BE LIABLE TO YOU FOR DIRECT DAMAGES CAUSED BY ThanksSites.com IN EXCESS OF THE CASH BACK REBATE EARNED BY YOU DURING THE MOST RECENT SIX (6) MONTHS. SOME STATES DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

YOU AGREE TO INDEMNIFY AND HOLD ThanksSites.com, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF ThanksSites.com, THE VIOLATION OF THESE TERMS AND CONDITIONS BY YOU, OR THE INFRINGEMENT BY YOU, OR ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY, OR AS A RESULT OF ANY THREATENING, LIBELOUS, OBSCENE, HARASSING OR OFFENSIVE MATERIAL CONTAINED IN ANY MEMBER COMMUNICATIONS. Amendment to Agreement.

THE "TERMS AND CONDITIONS" SET FORTH WITHIN THIS AGREEMENT MAY CHANGE FROM TIME TO TIME; ThanksSites.com WILL POST THOSE CHANGES ON THIS PAGE. YOU CONSENT TO BE BOUND BY ALL THE SAID "TERMS AND CONDITIONS," INCLUDING ANY AND ALL UPDATES THERETO. ThanksSites.com WILL NOT BE RESPONSIBLE IF YOU DO NOT LEARN OF THE MODIFICATION. IT IS YOUR RESPONSIBILITY TO CHECK THIS PAGE OF THE ThanksSites.com SITE REGULARLY TO DETERMINE WHETHER THIS AGREEMENT HAS BEEN MODIFIED. IF YOU DO NOT AGREE TO ANY MODIFICATION OF THIS AGREEMENT, YOU MUST IMMEDIATELY TERMINATE YOUR USER NAME, PASSWORD AND REGISTRATION.

Compliance with Laws and Regulations

You agree to comply with all applicable laws, rules and regulations. You may participate in ThanksSites.com.com if and to the extent that such participation is permitted by such laws, rules and regulations. ThanksSites.com may refuse to enroll, restrict, modify or terminate your username, password and registration without liability to you or any other third party if you violate any law, rule or regulation, of if your participation could violate any law, rule or regulation.

Proprietary Rights to Content

You acknowledge that ThanksSites.com.com content, including but not limited to: text, sounds, photographs, graphics, or other material contained in any Thankssites.com communication, advertisements or messages, whether by ThanksSites.com or ThanksSites.com's advertiser's or Affiliated Merchants, service and software are protected by copyrights, trademarks, service marks, patents, and/or other proprietary rights and laws. You are only permitted to use content, service, or software as expressly authorized by ThanksSites.com, its advertisers and Affiliated Merchants, as the case may be.

Termination of Agreement

(a) Any violation of the Terms and Conditions of this Agreement is grounds for termination of your user name, password and registration with ThanksSites.com. (b) ThanksSites.com reserves the right to terminate your user name, password and registration, if your account is inactive for twenty-four (24) consecutive months. An account shall be deemed and considered to be inactive if there has not been any ThanksSites.com cash back rebate earning activity. (c) You may terminate your user name, password and registration at any time by sending an email to our 24 Hour Customer Service through the Contact Us link on our site. (d) If your user name, password and registration with ThanksSites.com is terminated for any reason, either by you or by ThanksSites.com, you shall forfeit any and all earned ThanksSites.com cash back rebates in your account.

Notice

All ThanksSites.com notices will be given by email, postal mail, or by general posting to the ThanksSites.com website.

Waiver

ThanksSites.com's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

Choice of Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without reference to conflicts of law rules, and you consent to exclusive jurisdiction and venue in the courts located in El Paso County, Colorado for all matters in connection with this Agreement or your use of ThanksSites.com.

ThanksSites.com reserves the right to terminate your user name, password and registration, if your account has been associated with any legally questionable activity.

Severability of Provisions

Any provision (or part thereof) of this Agreement which is found to be invalid, prohibited, or unenforceable, shall be ineffective only to the extent of such prohibition and unenforceable, without invalidating the remainder of the provision or the remaining provisions hereof. To the extent permitted by the applicable law, each of the parties hereto hereby waives any provision of law which prohibits or renders unenforceable any provisions hereof in any respect.

[User Agreement last updated 2/10/2008]