Terms and Conditions
Last Updated January 13, 2023
These Terms and Conditions (“Terms”) apply when you visit CashComment, Inc’s (“CashComment,” “Company,” “we,” “us,” “our”) website located at www.cashcomment.com (the “Site”) or access our mobile applications (“App”) (collectively with our products and offerings available on the Site or App, the “Services”). By accessing our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access our Services.
Real-Money (Pay-to-Play) Restriction. Services relating to the real-money (pay-to-play) version of CashComment is only available to individuals located in the United States aged 17 years or older, except that the real-money (pay-to-play) version is not available to any individuals located in the following States: Arizona, Arkansas, Louisiana, Maryland, Michigan, Montana, South Carolina, South Dakota, and Tennessee. Individuals from these jurisdictions may not access or use Services relating to the real-money (pay-to-play) version of CashComment.
Termination. We may terminate your use or access to CashComment in our sole discretion at any time and for any reason, except as prevented by applicable law, including but not limited to your violation of these Terms.
You may not access or use the Services for the following purposes:
- Use the Services in any manner that could interfere with, disable, disrupt, overburden, or otherwise impair the Service;
- Gain access to (or attempt to gain access to) another user’s account or any non-public portions of the Services;
- Upload, transmit, or distribute to or through the Services any viruses, worms, malicious code, or other software intended to interfere with the Services;
- Use the Services to violate applicable law, including intellectual property law; or infringe any person’s or entity's intellectual property rights or any other proprietary rights; or
- Use the Services in any manner that we reasonably believe to be an abuse of or fraud on Cashcomment, its affiliates, and their respective, directors, officers, employees, affiliates, agents, contractors, third-party service providers, and licensors.
User Submitted Content. Users may submit content in connection with their access or use of the Services (“User Content”). By submitting User Content, you expressly agree to grant CashComment a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works of, distribute, store, perform, and display User Content in all media formats and channels now known or later developed anywhere in the world. This license includes the right for us to make User Content available for any commercial purposes allowable by applicable law. This license extends to any metadata associated with User Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to User Content.
By submitting User Content, you represent and warrant that you have all rights, power, and authority necessary to grant the rights described in this section.
We may modify, alter, or delete User Content at our sole discretion for any reason. You also agree that we may use any feedback, ideas, and suggestions provided by you for any purpose with no obligation to compensate you for such feedback, ideas, or suggestions.
If you believe that any User Content violates an intellectual property right held by you or another entity, you may contact us at firstname.lastname@example.org and we will evaluate your request.
Intellectual Property. The Services and any computer code, data, visual design, services, trademarks, and other elements of the Services are owned and operated by CashComment and protected by applicable intellectual property laws and regulations.
INDEMNIFICATION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD CASHCOMMENT, ITS AFFILIATES, AND THEIR RESPECTIVE, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, THIRD-PARTY SERVICE PROVIDERS, AND LICENSORS HARMLESS FROM AND AGAINST ANY CLAIM OR DEMAND MADE BY ANY THIRD PARTY, AND ANY RELATED LIABILITY, DAMAGE, LOSS, AND EXPENSE (INCLUDING COSTS AND ATTORNEYS’ FEES) DUE TO, ARISING OUT OF, OR IN CONNECTION WITH: (A) YOUR USE OF THE SERVICES, (B) YOUR VIOLATION OF THESE TERMS, (C) YOUR VIOLATION OF APPLICABLE LAWS OR REGULATIONS, OR (D) CONTENT YOU SUBMIT IN CONNECTION WITH YOUR USE OR ACCESS OF THE SERVICES. WE RESERVE THE RIGHT TO CONTROL THE DEFENSE OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US.
DISCLAIMER OF WARRANTIES. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, LEGAL, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, ERRORS, AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY. IN NO EVENT WILL CASHCOMMENT, ITS AFFILIATES, AND THEIR RESPECTIVE, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, THIRD-PARTY SERVICE PROVIDERS, AND LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES, INCLUDING THOSE ARISING FROM OR RELATING TO CONTENT MADE AVAILABLE ON THE SERVICES THAT IS ALLEGED TO BE DEFAMATORY, OFFENSIVE, OR ILLEGAL. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. IN NO EVENT WILL THE AGGREGATE LIABILITY OF CASHCOMMENT, ITS AFFILIATES, AND THEIR RESPECTIVE, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, THIRD-PARTY SERVICE PROVIDERS, AND LICENSORS EXCEED THE ACTUAL AMOUNT YOU PAID IN THE PREVIOUS SIX MONTHS FOR THE SERVICES GIVING RISE TO THE ALLEGED CLAIM.
Refunds. Any payment made in connection with the Services is non-refundable, except as required by applicable law. We reserve the right to issue refunds or Service credits in our sole discretion.
Applicable Law. To the maximum extent permitted by law, any claims arising out of your use of the Services or relating to these Terms shall be governed by the laws of the State of Georgia without regard to the conflict of laws rules of any jurisdiction.
ARBITRATION; CLASS ACTION WAIVER. THE EXCLUSIVE MEANS OF RESOLVING ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL BE BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION. BY USING THE SERVICES, YOU EXPRESSLY WAIVE ANY RIGHT TO INITIATE, PARTICIPATE IN, OR MAINTAIN ANY CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE ACTION OR PROCEEDING AGAINST CASHCOMMENT, ITS AFFILIATES, AND THEIR RESPECTIVE, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, THIRD-PARTY SERVICE PROVIDERS, AND LICENSORS.
Changes to These Terms. We may make any changes, modifications, additions, or deletions to these Terms at any time. If we make material changes, we will notify you by email or through a notice on this page. We encourage you to check this page regularly for updates.
Contact Information. To ask questions or comment about these Terms, contact us at email@example.com.