LAST UPDATED: SEPTEMBER 20, 2011
Summary Terms.
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1. LEGAL AGREEMENT
YOU ARE ENTERING INTO A LEGAL AGREEMENT AND AS SUCH YOU MUST READ THE FOLLOWING TERMS AND CONDITIONS
CAREFULLY. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS, OUR THESE TERMS AND OUR PRIVACY POLICY
THEN YOU ARE NOT AUTHORIZED TO ACCESS OR USE THIS WEBSITE FOR ANY PURPOSE AND DO NOT PROVIDE ANY
INFORMATION OR USE ANY OF THE SERVICES OF OUR WEBSITE OR PRODUCTS OFFERED. YOU HEREBY REPRESENT AND
WARRANT THAT YOU ARE 18 YEARS OF AGE AND POSSESS THE LEGAL AUTHORITY TO ENTER INTO AN AGREEMENT TO
USE THIS WEBSITE.
2. USER AGREEMENT
By using this Website, you agree to be bound by, and to comply with, the Terms and Conditions, the
posted Privacy Policy as well as any guidelines or rules posted on the Website. As such, the privacy
policy, guidelines and rules are hereby incorporated by reference into these Terms and Conditions as
though fully set forth herein. Upon entering the requested information, our technology may forward
your information to one of our participating advertisers and vendors who may contact you to engage
in a transaction ("Vendors"). Vendors may include entities offering various products and services
including, without limitation, payday or other loans, debit cards, credit cards, debt consolidation
services, car quotes, or car loans (collectively "Third Party Products"). This may be done
automatically and a new window may appear or the Vendor may contact you by email or phone. This
Website may then automatically re-direct you to additional Vendor offers that may be of interest to
you.
THIS WEBSITE (hereinafter "Company") IS NOT RESPONSIBLE FOR ANY ACTIONS AFTER YOU HAVE LEFT THE
SECOND PAGE OF THIS WEBSITE. UPON ENTRY INTO A VENDOR OR ADVERTISER'S WEBSITE LINKED TO THIS
WEBSITE, YOU SHOULD CAREFULLY REVIEW THE PRIVACY POLICY AND TERMS AND CONDITIONS OF THAT WEBSITE
BEFORE ENTERING ANY PERSONAL INFORMATION.
You are expressly giving your permission for Company to provide any information collected on this
Website to Vendors and other third parties. Company controls only the landing page and intake forms
on this Website. Upon entry of the requested information, a participating Vendor may contact you
directly to provide you information about their Third Party Products. You are expressly giving your
permission for such Vendors and other third parties to contact you by email, text messaging or
telephone. If, at any time, you do not wish to be bound by these conditions or you are unsatisfied
with the Website, its content or other legal notices, you agree that your sole and exclusive remedy
is to discontinue using this Website.
You further represent and warrant that:
- You are at least 18 years of age and possess the legal authority to enter into an agreement and to use the Website in accordance with these Terms and Conditions;
- All information supplied by you is true and accurate (without limitation of the foregoing, the provision of any speculative, incorrect, misleading, false or fraudulent information is prohibited);
- You understand and agree that Company may share personally identifiable information and other information provided by, and aggregated information about, you and other users with Vendors, partners, sponsors, advertisers, service providers and marketers, lookup and reference services, other unaffiliated third parties, and other entities that Company believes are able to provide its users with special offers and opportunities, as more fully described in the Company's posted Privacy Policy
- You understand that abuse of this Website may result in your being denied access to such Website, as determined by Company in its sole discretion
- You understand and agree that, in addition to these Terms and Conditions, your use of this Website will be governed by the official rules applicable to the promotion or offer, if any.
3. CHANGES TO TERMS AND CONDITIONS AND POLICIES.
Company reserves the right, at our sole discretion, to change, modify or otherwise alter the Terms
and Conditions, privacy policy, rules and guidelines which appear on this Website at any time for
any reason which change, modification or alteration is effective upon posting on the Website without
further notice to you. It is your responsibility to review the Terms and Conditions, privacy policy,
rules and guidelines for changes periodically. Your continued use of the Website following the
posting of changes and/or modifications will constitute your acceptance of the revisions and the
reasonableness of notice of changes.
4. PRODUCT AND SERVICE REFERRALS PROVIDED.
This Website and its owners do not provide the Third Party Products or act as a broker in connection
with any Third Party Products. This Website exclusively provides the service of obtaining
information from you and automatically directing such information to Vendors and other third parties
who may be contacting you with information about their or other Third Party Products. Please note
that information provided to you by Vendors and other third parties may not be used as the sole
basis for your decision to use a particular Third Party Product, and may not meet your particular
needs. Please seek the advice of an appropriate professional regarding the assessment of the
information provided about the Third Party Products as a consequence of your use of the Website.
5. REJECTION OF APPLICATION, TERMINATION AND CANCELLATION.
Company may reject any information provided by any person with or without cause at its sole
discretion. Vendors may reject any application from any person with or without cause at their sole
discretion. Company reserves the right to terminate a user account in the event that such user
provides false or misleading information or otherwise violates any term of these Terms and
Conditions (as determined by Company in its sole discretion). Your status as a registered user
creates only a customer relationship with Company and does not create an employment relationship, an
independent contractor relationship, an agency relationship, or any other relationship. Company may,
in its sole discretion and for any reason or no reason at all, terminate your registration with this
Website without prior notice for (a) any violation of any provision of this Agreement; (b) aiding in
or promoting circumvention of our program; (c) acting against our business interests or reputation;
(d) attempting to defraud the Website or third party Vendors or advertisers or otherwise acting
unlawfully in relationship to the Company.
6. PROHIBITED USER CONDUCT.
- You are prohibited from any conduct that, in our sole discretion, restricts or inhibits any other user from using or enjoying the Website or any linked Website. You are prohibited from accessing or attempting to access private areas of the Website or any other user's information.
- You are prohibited from impersonating any person or entity or otherwise falsely stating or misrepresenting your affiliation with a person or entity.
- You are prohibited from using any data, content, and any information provided or used on the Website, as well as your use of our Website, products and services which will infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any person or entity, including third-parties.
- You are prohibited from using any data, content or information which contains or promotes any viruses, Trojan horses, worms, time bombs or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Website, data, personal information, software, equipment, servers or content or facilitate or promote hacking or similar conduct.
- You are prohibited from making any attempt to earn or redeem rewards in a manner inconsistent with this Agreement.
- You are prohibited from harvesting, sweeping, or using any other means, to collect information about users of the Website; Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any Website content except as otherwise expressly permitted on the Website,
- You are prohibited from using any automated means, including spiders, robots, bots, scripts, crawlers, or the like, in connection with any activity on the Website;
- You are prohibited from reselling, assigning, sublicensing, transferring, or delegating your rights or obligations under these Terms and Conditions without the prior express written authorization of Company;
- You are prohibited from using any information you may obtain from the Website (including without limitation, user information) to send any other person unsolicited messages, commercial or otherwise, by electronic, telephonic, postal or other means.
7. THIRD PARTY CONTENT/PROMOTIONS, THIRD PARTY PRODUCTS, AND THIRD PARTY WEBSITE
ACTIVITIES.
The Website may display and make available Third Party Products, content, promotions,
advertisements, and offers provided by third parties including, without limitation, Vendors ("Third
Party Promotions"), as well as Third Party Products. You understand and agree that Company shall not
be responsible and shall have no liability for any Third Party Promotion or Third Party Product or
for your activities on any third party Websites for whom Company displays offers ("Third Party
Website Activity"), and that you participate in or choose to click on a Third Party Promotion,
purchase and/or use a Third Party Product, or participate in a Third Party Website Activity solely
at your own risk. You agree that your sole remedy in connection with any Third Party Promotion,
Third Party Product or Third Party Website Activity will be with the applicable third party offering
the Third Party Promotion, Third Party Product or Third Party Website Activity and that you shall
have no remedy against Company arising from your use of or participation in, or inability to use or
participate in, any Third Party Promotion, Third Party Product or Third Party Website Activity.
8. RELATIONSHIP WITH MARKETING ADVERTISERS.
This is an independent Website and is not affiliated with any of the Third Party Products advertised
or otherwise promoted or listed on the Website. Trademarks, service marks, logos, and/or domain
names are the property of their respective owners, who have no association with or make any
endorsement of the Third Party Products provided by this Website. Furthermore, participating
advertisers are independent third parties and this Website is not acting as a principal, agent or
broker with respect to any advertisers.
9. LINKED WEBSITES.
You may be able to link to third parties' Websites ("Linked Websites") from the Website. Linked
Websites are not, however, reviewed, controlled or examined by Company in any way and Company is not
responsible for the content, availability, advertising, products or other materials of any such
Linked Websites, or any additional links contained therein. Except as otherwise noted on the
Website, these links do not imply Company endorsement of or association with the Linked Websites. It
is your sole responsibility to comply with the appropriate rules and guidelines, if any, applicable
to the use of the Linked Websites. In no event shall Company be liable, directly or indirectly, to
anyone for any loss or damage arising from or occasioned by the creation or use of links to the
Linked Websites, the Linked Websites themselves, your participation in activities on such Linked
Websites, or the information, material, products or services accessed through these Linked Websites.
You should direct any concerns to that Website's administrator or webmaster. Company reserves the
exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any
feature or link to any of the Linked Websites from the Website and/or introduce different features
or links.
Other Websites may link to the Website only through a plain-text link. Permission must be granted by
Company for any other type of link. To seek Company permission, you may write to Company at the
address provided below. Company reserves the right, however, to rescind any permission granted by
Company to link through a plain-text link or any other type of link, and to require termination of
any such link to the Website, at our discretion, at any time.
10. INTELLECTUAL PROPERTY RIGHTS.
The Website contains intellectual property owned by Company and other parties. As between Company
and you, Company is the sole owner of the Website and all materials on or available through the
Website, including without limitation, all applicable U.S. and non-U.S. copyrights, patents,
trademarks, and trade secrets, and other intellectual property rights thereto (collectively, the
"Website Content"). Except as otherwise specifically provided in these Terms and Conditions, you may
not download or save a copy of the Website content or any portion thereof, for any purpose; however,
you may print a copy of individual screens appearing as part of the Website content solely for your
personal, non-commercial use or records, provided that any Company or other marks, logos or other
legends that appear on the copied screens remain on, and are not removed from the printed or stored
images of such screens.
Except as otherwise expressly permitted herein, you may not modify, copy, publish, display,
transmit, adapt or in any way exploit any portion of the Website content unless you first obtain
prior written consent from Company -- and from all other entities with an interest in the relevant
intellectual property. To seek Company permission, you may write to Company at the address provided
below. Any unauthorized attempt to modify any Website content, to defeat or circumvent Company
security features, or to utilize this Website for other than its intended purposes is strictly
prohibited.
Any notes, postings, ideas, suggestions, concepts, or other material submitted through this Website
via e-mail or any means that Company may create or provide in the future will become Company
property throughout the world and Company shall be entitled (without compensation to any party) to
use such material in perpetuity in any form and manner in any media, whether known or hereafter
devised, and you will not have any claim against Company with respect to such use. You agree that,
in the event you make a submission to Company, it is original with you and accurate and does not
violate, and its use will not violate, the rights of any third party or any applicable law or
ordinance.
11. DISCLAIMER OF WARRANTIES.
Except as expressly set forth herein, Company is not responsible for any incorrect or inaccurate
information or entry of information, whether caused by users of the Website or by any of the
equipment or programming associated with or utilized in connection with the Website or the products
or services provided on or through the Website, or by any technical or human error which may occur
in the processing of information received by Company. Company assumes no responsibly for any error,
omission, interruption, deletion, defect, delay in operation or transmission, communications line
failure, theft or destruction or authorized access to, or alteration of, information received or
submitted in connection with the Website. Company is not responsible for any problems, errors or
technical malfunction of any telephone network or lines, computer on-line systems, servers or
providers, computer equipment, or software, or any failure of e-mail on account of technical
problems or traffic congestion on the Internet or at any web Website or combination thereof,
including injury or damage to participants or to any other person's computer related to or resulting
from use of the Website or Website Content.
THIS WEBSITE, INCLUDING THE WEBSITE CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, COMPANY, AND ITS
PARENT, SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS, ADVERTISORS, SUCCESSORS AND ASSIGNS
SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES
CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR
OTHERWISE OF THE WEBSITE, AND THE WEBSITE CONTENT; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF
NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES
NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE WEBSITE OR THE WEBSITE CONTENT WILL BE FREE OF
INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE
PROPERTIES; OR (2) THAT ACCESS TO THE WEBSITE OR WEBSITE CONTENT WILL BE UNINTERRUPTED OR
ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH
JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED
WARRANTIES.
12. LIMITATION OF LIABILITY.
IN NO EVENT WILL COMPANY, ITS PARENTS, SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS,
ADVERTISERS, SUCCESSORS AND ASSIGNS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES AND
SHAREHOLDERS BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY
WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEBSITE OR WEBSITE CONTENT,
EVEN IF ALL SUCH PARTIES SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS
OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE
TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEBSITE OR THE
WEBSITE CONTENT.
13. EXCLUSIONS AND LIMITATIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH
JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
14. MONITORING WEBSITE USAGE.
You agree that Company may electronically monitor
the Website and disclose any content, records, or electronic communication of any kind:
- (i) to satisfy any legal process or request;
- (ii) to operate the Website;
- (iii) to protect Company rights or the rights of the users, sponsors, providers, licensors, or merchants.
By visiting this Website or participating in games and activities on the Website, you agree to
comply with all relevant local, state, provincial, and national laws and/or regulations that may be
applicable to your visitation and/or participation.
Company will cooperate with any law enforcement authorities and comply with any judicial order
requesting or directing Company to disclose the identity of anyone uploading, downloading, or
posting materials, or otherwise using this Website in violation of any applicable federal, state, or
local laws. state, or local laws.
15. INDEMNITY.
You agree to defend, indemnify and hold Company, its parents, subsidiaries, partners, agents,
affiliates, licensors, advertisers, successors and assigns and their respective officers, directors,
employees and shareholders harmless from any and all claims, liabilities, costs and expenses,
including reasonable attorneys' fees, arising in any way from, in connection with or as a result of
your use or inability to use the Website and or Website Content, any information provided to you by
the Website, or any violation of these Terms and Conditions by you.
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause
of action you may have arising out of, or relating to, your use of the Website or Website content
must be filed within one (1) year after such claim or cause of action arises, or forever be barred.
16. CHOICE OF LAW, VENUE AND JURISDICTION.
Company controls and operates this Website from Company offices in the United States of America.
Company does not represent that materials on the Website are appropriate or available for use in
other locations. Persons who choose to access this Website from other locations do so on their own
initiative, and are responsible for compliance with local laws, if and to the extent local laws are
applicable.
You agree that the laws of Texas, excluding its conflicts-of-law rules, shall govern your use of the
Website, the Website Content, and these Terms and Conditions. Your use of the Website may be subject
to other local, state, national, and international laws. You expressly agree that any dispute and/or
claim arising out of or in connection with your use of and/or inability to use the Website and/or
Website Content shall be heard in Travis County, Texas.
You hereby knowingly, voluntarily, and intentionally waive, to the fullest extent permitted
by applicable law, the right to trial by jury in any legal proceeding arising out of or relating
to this Agreement or the transactions contemplated hereby, and further agree to submit your
dispute for resolution by arbitration before the American Arbitration Association in Travis
County, Texas, in accordance with the then current Commercial Arbitration Rules of the American
Arbitration Association. Any award rendered shall be final and conclusive to the parties and a
judgment thereon may be entered in any court or competent jurisdiction.
17. SMS SERVICE.
Company may make available a service either directly or through third parties by which you can
receive messages on your wireless device via short message service ("SMS Service"). Your provider's
standard data and messaging rates apply to all SMS correspondence. All charges are billed by and
payable to your mobile service provider. You represent that you are 18 years of age and the owner or
authorized user of the wireless device on which messages will be received, and that you are
authorized to approve the applicable charges.
Program subscribers may opt out of the SMS Service by replying with the keyword "STOP", "END", or "QUIT" to the SMS text message received or use the convenient Mobile Unsubscribe link on this website. This process impacts only the future delivery of Company's SMS message offering and will not unsubscribe you from other SMS programs to which you may have subscribed. Program subscribers may receive assistance for the SMS Service by replying with the keyword "HELP" to the message received.
Data obtained from you in connection with this SMS Service may include your name, address, cell phone number, your provider's name, and the date, time, and content of your messages. The use of this information will be in accordance with the Terms and Privacy Policy. If fees are charged to your wireless account invoice, Company may provide your carrier with your applicable information in connection therewith. Your wireless carrier and other service providers may also collect data about your wireless device usage, and their practices are governed by their own policies. You acknowledge and agree that the SMS Service is provided via wireless systems which use radios (and other means) to transmit communications over complex networks. Company will not be liable for any delays in the receipt of any SMS messages, as delivery is subject to effective transmission from your network operator. SMS message services are provided on an AS IS basis. Company is not responsible for incomplete, lost, late, damaged, illegible or misdirected mobile messages or for any technical problems, malfunctions of any telephone lines, computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Company is not responsible for any liability for damage to any computer system resulting from participation in or accessing or downloading information in connection with this program. Company assumes no responsibility for undeliverable mobile messages resulting from any form of active or passive mobile filtering by a user's mobile provider or for insufficient space in user's mobile phone account to messages. Company reserves the right, in its sole discretion, to cancel or suspend this program should a virus, bugs, or other causes beyond the control of the Company corrupt the administration, security or proper operation of the program. Company does not guarantee that your use of the SMS Service will be private or secure, and Company are not liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the SMS Service.
18. GENERAL.
A. If any provision of these Terms and Conditions is held to be invalid or unenforceable, the
provision shall be removed (or interpreted, if possible, in a manner as to be enforceable), and the
remaining provisions shall be enforced. Headings are for reference purposes only and in no way
define, limit, construe or describe the scope or extent of such section. Company's failure to act
with respect to a breach by you or others does not waive our right to act with respect to subsequent
or similar breaches. These Terms and Conditions set forth the entire understanding and agreement
between us with respect to the subject matter contained herein and supersede any other agreement,
proposals and communications, written or verbal, between our representatives and you with respect to
the subject matter hereof, including any terms and conditions on any of customer's documents or
purchase orders. Company reserves the right to terminate these Terms and Conditions and/or to
terminate your access to and ability to use the Website (or any portion thereof), at any time (with
or without notice).
B. You agree that no joint venture, partnership, employment, or agency relationship exists between
you and Company as a result of these Terms and Conditions or your use of the Website. Company's
performance of these Terms and Conditions is subject to existing laws and legal process, and nothing
contained herein is in derogation of Company's right to comply with governmental, court and law
enforcement requests or requirements relating to your use of the Website or information provided to
or gathered by Company with respect to such use.
CosDr.com
1801 E 51st Street
Suite 365-295
Austin, TX 78723