Please read this User Agreement (the "Agreement") carefully before enrolling as a registered user of the Krymus Shopping Cash Back Program (the "Program"). This Agreement explains the terms and conditions governing the Program (the "Program Terms and Conditions"), and it is your responsibility to read and understand them. By enrolling as a user of the Program (a "User"), you agree to be bound by the Program Terms and Conditions. Enrollment is defined as providing Krymus with your valid email address and a password in which to access your account. Participation in the Program and its benefits are offered at the discretion of Krymus, and Krymus has the right to change the Program Terms and Conditions, in whole or in part, at any time with or without notice.

ELIGIBILITY

1. You must be an individual, 18 years of age or older.

2. Members must be human: no machines, scripts, or automated services may be used to accumulate any financial benefits derived from the use of Krymus. You may maintain only one account. Any duplicate accounts will be subject to cancellation.

3. The Program is only available via access to the Krymus Web site (http://www.Krymus.com). You must have Internet access and an email address to be eligible to receive the privileges and benefits of membership. Krymus is not responsible for your inability to connect to the Internet, log into the Krymus Web site, or access your Krymus account.

4. By agreeing to these terms, you also agree not to 'spam' unknown individuals by sending them unwanted emails to solicit their membership at Krymus. Refusal to abide by this or any other rules may result in Krymus canceling your membership.

KRYMUS CASH BACK

5. Users will be credited, subject to the terms and conditions in this Agreement, a percentage of the net purchases made by you at one of the online merchants affiliated with Krymus (an "Affiliated Merchant"). The percentage is posted on the Krymus Web site as it relates to each Affiliated Merchant (the cash back amount listed next to each merchant is an estimate and may vary from time to time and some Participating Merchants may have special requirements to earn Krymus Cash Back or special restrictions). The net purchase is defined as the total amount paid to the merchant minus tax, gift wrapping, shipping, promotional credits, returns, cancellations, and/or transaction fees.

6. As a User, purchases made through Krymus Affiliated Merchants will be considered a "Qualified Purchase" and will be subject to earn Krymus Cash Back if all of the following criteria are satisfied:
(A) You must be 18 years of age or older.
(B) You must log on to Krymus.com with your User name.
(C) You must link to a participating merchant from Krymus.com.
(D) You must add items to your cart.
(E) You must complete your transaction; and
(F) You must have cookies enabled on your web browser.

7. The determination of whether or not a purchase made through a Krymus Affiliated Merchant is a "Qualified Purchase" is at the sole discretion of Krymus.

8. "Account Activation" is completed upon the making of a Qualified Purchase at any Krymus merchant site. In case of return or cancellation, Krymus retains the right to reverse account credit.

9. Krymus Cash Back awarded to Users is subject to adjustments for returns, cancellations, and other events. Such adjustments can be applied to User accounts at any time by Krymus at its sole discretion. Should you disagree with any adjustments made to your account, your sole remedy is to withdraw from the Program.

10. You may be taxed on your accrual of Krymus Cash Back payments, depending on the amount of Krymus Cash Back payments you accrue and the tax laws of federal, state, and local jurisdictions. Krymus may choose to provide you with those notices to you on occasion. In all instances, you will be solely responsible for any and all tax liability arising out of your accrual of Krymus Cash Back payments.

11. Krymus is not responsible for changes to, or discontinuance of, any Affiliated Merchant, or any Affiliated Merchant withdrawal from the Program, or for any effect on accrual of Krymus Cash Back caused by such changes, discontinuance, or withdrawal. Krymus is not responsible for changes to, or discontinuance of, any special offer or coupon code at an Affiliated Merchant site. It is the User's responsibility to make sure that all specials are valid.

KRYMUS CASH BACK PAYMENTS

12. Upon registration of your User name with Krymus.com, an account will be set up in your name for all Krymus Cash Back you earn. The appropriate Krymus Cash Back rebate will be posted to your account as "Reported Cash Back" within thirty (30) days of the date on which a Participating Merchant reports your transaction to Krymus.com. For a period of one hundred twenty one (121) days thereafter, your account will refer to the Krymus Cash Back rebate as "Reported Cash Back." This time period is in accordance with the Participating Merchant's right to reverse a transaction for return purposes. Once the participating merchant authorizes the payment of Krymus.com's commission in connection with a qualifying purchase made by you, we will credit your account with the applicable Krymus Cash Back. Your Krymus Cash Back earned will be identified as "Available Cash Back," at which time you can request a payment redeeming your Krymus Cash Back. You can view your balance and history by clicking My Account in the upper right corner of any page.

13. Requesting Payment Krymus Cash Back.
To redeem your earned Krymus Cash Back designated as "Available Cash Back" in your account you must (1) have a minimum of $25.00 in your "Available Cash Back" account and (2) request payment from Krymus. To receive Krymus Cash Back in an amount of $25.00 or more, you must request to receive payment in redemption of your Krymus Cash Back by standard check. The Krymus Cash Back will be distributed to the User within thirty (30) days of the User's request for payment. Krymus.com is not responsible for lost mail or any other event beyond the control of Krymus that would prevent a User from receiving their payment.

You are solely responsible for redeeming Krymus Cash Back. There is no automatic or periodic redemption.

USER RESPONSIBILITIES

14. It is your responsibility to check your account regularly to ensure that Krymus Cash Back has been properly credited and that your account balance is accurate. If you do not believe that Krymus Cash Back has been correctly credited to your account you must wait at least 30 days but no more than 60 days after completing a Qualifying Purchase to contact Krymus Customer Support via our customer support link on the site. Failure to contact Krymus within sixty (60) days will result in no customer support for Cash Back inquiries to the Participating Merchant for the said purchase. Krymus reserves the right to terminate any account for abusive or fraudulent activity, or if the User is no longer reachable at the e-mail address provided.

15. 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 concerning your account confidential. Krymus is entitled to act on instructions received under your username and password. Krymus is not responsible for any credits or debits made to your account by someone else who uses your username or password. Krymus will not be responsible for any losses or liabilities incurred through the use of your password by a third party.

DISCLOSURE OF ACCOUNT INFORMATION

16. You authorize Krymus to only disclose to third parties information you have provided, or information that Krymus has obtained about your Krymus account or shopping behavior: (i) to agents and licensors of Krymus or its affiliates, such as independent auditors, consultants or attorneys; (ii) to comply with government agency or court orders or requests; (iii) in providing aggregated and non-personalized marketing services for an advertising or merchant partner, or (iv) where it is necessary for redemption or transfer of your Krymus Cash Back. Further, you authorize Krymus to receive any account information from any Affiliate Merchant including, but not limited to information regarding purchase was made, products ordered, order number, the time and date the purchase occurred, the email address entered for the purchase. You agree to hold the Affiliated Merchant harmless for any information disclosed to Krymus.

17. By signing up for membership at Krymus, you agree to receive communications that are account and membership related (e.g. that we are mailing you a check on a certain date, that new features are available on the Krymus site, etc) as well as periodic shopping-related emails that highlight coupons & special deals that are available to Krymus Users. You can opt-out of receiving emails by following the unsubscribe link on any of the emails.

DISCLAIMER

18. THE KRYMUS PROGRAM IS BEING PROVIDED TO MEMBER "AS IS" WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, KRYMUS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROGRAM, 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.

19. KRYMUS DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS FOR, ANY MERCHANDISE, PRODUCTS, OR SERVICES OFFERED OR PROVIDED BY AFFILIATED MERCHANTS OR SUPPLIERS IN CONJUNCTION WITH THE PROGRAM. IN ADDITION, ALTHOUGH KRYMUS INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE KRYMUS WEB SITE, KRYMUS DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS THAT THIS SITE IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, KRYMUS DOES NOT WARRANT THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND KRYMUS ASSUMES NO RESPONSIBILITY FOR ANY DAMAGE CAUSED BY YOUR ACCESS, OR INABILITY TO ACCESS, THIS SITE INCLUDING, BUT NOT LIMITED TO, YOUR INABILITY TO ACCRUE KRYMUS CASH BACK BY PURCHASING ITEMS WITH AN AFFILIATED MERCHANT.

LIMITATION OF LIABILITY

20. IN NO EVENT WILL ANY OTHER COMPANY WITH WHICH KRYMUS HAS A CORPORATE PARTNERING RELATIONSHIP, INCLUDING WITHOUT LIMITATION, CO-BRANDING, CO-MARKETING, JOINT DEVELOPMENT, A MERCHANT RELATIONSHIP, OR A LICENSING OR SUPPLIER RELATIONSHIP (EACH A "CORPORATE PARTICIPANT") BE LIABLE TO YOU FOR NON-PERFORMANCE OF KRYMUS OBLIGATIONS. YOU AGREE NOT TO SUE ANY CORPORATE PARTICIPANT FOR NON-PERFORMANCE BY KRYMUS. IN NO EVENT SHALL KRYMUS 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: (I) THE PROGRAM; (II) ANY FAILURE, DELAY, OR DECISION BY KRYMUS IN ADMINISTERING THE PROGRAM; (III) THE USE OR INABILITY TO USE THIS WEB SITE; INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LEGAL FEES, ARISING OUT OF SUCH USE OR INABILITY TO USE THE PROGRAM, OR (V) THE PURCHASE OR USE OF ANY MERCHANDISE, PRODUCTS, OR SERVICES OF MERCHANTS OR SUPPLIERS, EVEN IF KRYMUS, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

21. USER AGREES TO INDEMNIFY AND HOLD KRYMUS, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF USER'S USE OF THE PROGRAM, THE VIOLATION OF THESE POLICIES BY USER, OR THE INFRINGEMENT BY USER, OR OTHER USER OF THE PROGRAM USING THE USER'S 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 USER COMMUNICATIONS.

TERMINATION OR CHANGES TO THE PROGRAM

22. Krymus reserves the right to terminate the Program at any time with notice. This means you will have sixty (60) days from the date notice of Program termination is provided to Users to redeem Krymus Cash Back in your account. Notification of Program termination will be sent to the email address you provide to Krymus during the registration process. Krymus will not be responsible for failing to notify you of Program termination where such failure is caused by any reason outside the control of Krymus, including an error in your email program, an inaccurate email address, your failure to check for your email online, or your failure to inform Krymus of a change in your email address.

23. Krymus may modify this Agreement from time to time, with or without notice, and your continued participation in the Program after such modification shall be deemed to be your acceptance of any such modification. It is your responsibility to check the User Agreement page of the Krymus Web site regularly to determine whether this Agreement has been modified. If you do not agree to any modification of this Agreement, you must immediately cease participation in the Program.

TERMINATION OF MEMBERSHIP

24. Membership in the Program is subject to the Program Terms and Conditions. Any failure to comply with the Program Terms and Conditions, any fraud or abuse relating to the accrual or redemption of Krymus Cash Back, or any misrepresentation of any information furnished to Krymus or its affiliates by you, or anyone acting on your behalf, may result in the termination of your membership in the Program, cancellation of your Krymus account and/or forfeiture of your accrued Krymus Cash Back. Krymus also reserves the right to close accounts that have been inactive for more than 12 months. Inactivity is defined as no tracked visits, either cookied or manually logged in. Any Closed Account will have all funds in it taken back by Krymus, and we will no longer allow User login under that username and password.

DISPUTES/ERRORS

25. All questions or disputes regarding the Program, including without limitation, questions or disputes regarding eligibility for the Program, or the eligibility of Krymus Cash Back for accrual or redemption, must be submitted within 60 days of the qualifying transaction, to Krymus via our customer support link on the Site. Any such disputes shall be resolved by Krymus at its sole discretion. All interpretations of Program Terms and Conditions shall be at the sole discretion of Krymus. In the event that an error is made by Krymus, your sole remedy shall be the credit of the disputed Krymus Cash Back to your Krymus account.

MISCELLANEOUS

26. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without reference to conflicts of law rules. As a condition of the use of the Krymus website and service, you (the User) agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Comal, Texas and therefore agree to file any grievance or suit of any kind exclusively in the courts located within the county of Comal. If any provision of this Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect. Krymus failure to insist upon or enforce strict performance of any provision of the Agreement shall not be construed as a waiver of any provision or right. Nothing in this Agreement shall be construed as creating or constituting a partnership, joint venture or agency relationship between Krymus and the Affiliated Merchants or between Krymus and any other of its Corporate Partners. Neither the Affiliated Merchants nor any Corporate Partner shall have the ability to create any obligation on Krymus behalf. This Agreement constitutes the entire agreement between you and Krymus with respect to the Program.

 
While Krymus makes every effort to keep correct information posted, offers and coupons are subject to change without notice. Some exclusions may apply based on Merchant's Policies.