Special Offers Bulletin Board Terms of Use and Membership Agreement

 

This online agreement and related links contained herein applies to all users of the Special Offers Bulletin Board ™, Special Offers Gift Cards, Members of the Cooler Connections™ Community Coupon Club and all related services.

 

Use of these services constitutes the acceptance of the terms and conditions contained herein. Additionally, everyone who plays the online game to win a gift card or who orders a gift card or who is a Special Offers Gift Card User agrees to the terms of this agreement and the Gift Card Terms of Use.

 

The Special Offers Bulletin Board is a monthly html email that provides a listing of online special offers coupons. Other miscellaneous advertisements, special offers and drawings for free giveaways from business advertisers may also be included depending on the community. The email also serves as an advertising medium for Club Members to list and view used items for sell. The Special Offers Bulletin Board may also hereafter be referred to as the "Bulletin Board".

 

The Special Offers Gift Card is a stored-value prepaid gift card that is accepted virtually anywhere Discover Network cards are accepted.  The Special Offers Gift Card may hereafter be referred to as “Gift Card”

 

Cooler Connections™ Coupon Club may hereafter be referred to as the “Club”. The above mentioned service (s) constitute a national marketing cooperative composed of participating Sponsors, shoppers and locally owned retailers and service providers in communities across the U.S. The above services are managed and maintained by Lead Brokers LLC in conjunction with independent licensees (also referred to "Crowd Coordinators" and "Local Sponsors" ) in various communities throughout the US. 

 

Club Membership is free and is usually obtained by member invitation or. Membership registration is done by filling out the online subscription form that is provided by Club Members via an invitation website, by forwarding the Special Offers Bulletin Board email or by manually filling out a registration form at participating businesses in each community.

 

Each geographic community with a participating Club Membership within the US has their own unique email edition of the Special Offers Bulletin Board published and sent to the Members of the Club living in that particular geographic area as designated by State, City, Zip Code or other geographical designation as deemed appropriate by Club Management. All Club Members receive the monthly or periodic edition for the community they live in but have access to all community Bulletin Boards and associated offers via the Special Offers Search Engine located at www.specialoffersbulletinboard.org.

 

Club Members receive the Special Offers Bulletin Board for their community containing local special offers and also have access to all other Bulletin Boards to enjoy special offer coupons during business and personal travel. Members may also participate in various activities associated with the Club including but not necessarily limited to using special offer coupons, viewing and listing used items, participating in the Referral Program, participating as Local Business Advertisers, serving as Crowd Coordinators, participating in Club Management, etc.   

 

Members of the Club Membership may be categorized into one or more of the following designations;

 

Club Members (shoppers)

Local Business Advertisers (Local Businesses that list a Special Offers Coupon on the Board)

Crowd Coordinators/Local Sponsors (Licensees that help sponsor and/or publish the Bulletin Board in their local community)

Referrers (Club Members who win prepaid gift cards by referring others via the Tell-A-Friend link)

Management (Lead Brokers LLC)

 

All Club Members are local shoppers. Club Members may also participate in any of the other positions designated above. Club Members in any of the above categories may hereafter be referred to as "Club Members", "Board Members", “Members" as well as the other designation descriptions listed above. Hereafter for ease of use, these terms shall be used in many instances that may only apply to one or a combination of the categories or designations of membership mentioned above. For instance if we are talking about a Member that wins a gift card by referring someone to the Club, it applies to those members who participate in the Special Offers Referral Program. If we are speaking about sending emails from the Cooler Email Management System, the content could only apply to Community Coordinators and Lead Brokers LLC since they are the only ones who have access to it.

 

Lead Brokers LLC/dba Cooler Connections, an Idaho based management and marketing consulting company (hereafter referred to as "Management" or "Club Management") is the founding organization and managing director of the Cooler Connections Community Coupon Club. They are responsible, for developing the Special Offers Business Model, Organizational Structure, Invitation Based Marketing methodology of acquiring Members and Crowd-Initiated Email ™ Business Model & Marketing Methodology. Lead Brokers LLC is contracted by the Club Membership to oversee various management responsibilities. Said Management is responsible for managing the Club at the national level including but not limited to managing, maintaining and enforcing membership rules, managing relationships with Technology Partners, Community Coordinators, Advertisers, Referrers, Club Members etc. Management may be contacted by email info [at] coolerconnections [dot] com

 

Materials contained in the coolerconnections.com, specialoffersbulletinboard.org websites and the Special Offers Bulletin Board Emails, and related agreements and marketing materials are considered copyrighted and protected with all rights reserved. No reproduction, distribution, or transmission of the copyrighted materials is permitted outside the terms of this agreement without the written permission of  management. Any rights not expressly granted herein are reserved. Members further acknowledge that Club Management has created valuable intellectual property related to the use of various business and marketing methodologies, invitation based marketing, Crowd-Initiated Email ™ and consumer initiated email marketing and tracking technologies and Club Member databases which constitute proprietary business methods and assets. Management agrees to provide the use of said business assets for the use of the Club Membership as outlined in the terms of this agreement. Members agree to not use said business methods and assets for their own purposes outside of the terms of this agreement and to not share proprietary information or intellectual property with others for personal or business use outside the terms of this agreement.

 

Crowd Coordinators and/or Local Sponsors serve as the President of their local Community Coupon Club in their respective communities as designated in their licensing agreements and are responsible for managing the affairs of the local Club Membership. Their responsibilities may include but are not limited to promoting the club membership, acquiring participating local business advertisers and facilitating them in getting their advertisements posted on the board and related marketing services, etc. Community Coordinators agree to the terms contained in the Community Coordinator Licensing Agreement and Training Addendum.

 

Crowd Coordinators and all members agree to respect and protect the privacy of all other Club Members and to never give physical mailing addresses, email addresses or any contact information out to anyone for purposes outside the provisions contained within this agreement without the express written or electronic transmitted permission of the Club Members. The databases and contact lists accumulated by the Club are to be exclusively used for sending the Special Offers Bulletin Board and associated email and direct mail advertisements in accordance with the terms and conditions of this agreement and are never to be sold leased, rented loaned gifted or transferred in any way to any other person or organization out side of this Club membership and for the express purposes outlined in this agreement.

 

Crowd Coordinators and Local Sponsors agree to use their best efforts in verifying the credibility and reputation of participating advertisers and for verifying the legitimacy of the special offers. Advertisers agree to use their best efforts in providing truthful advertising content and in honoring the fulfillment of the special offers to interested Club Members to the best of their ability.

 

Club Members indemnify Management, Coordinators and the Membership of any breach of service or non-performance of advertisers relating to the fulfillment of Special Offers. Club Members are to report any questionable activities of advertisers to their local Coordinator and they are to research the situation and take the necessary action. Advertisers who are found guilty of making false or deceptive offers will have their advertising account terminated. All transactions of new and used items between buyers and sellers are strictly between them and the Club Membership and Management accepts no responsibility for said transactions, the quality of goods and services sold and any performance related therein.

 

Referrers are Members who help to grow the club membership by inviting others to join the Club. The Special Offers Referrer Program enables Members to win free giveaways and free gift cards with a stored-value of up to $100 (or payment via Paypal). Participation is FREE. For information see www.specialoffersbulletinboard.org/tellafriend.php   

 

The terms of this agreement and notices set forth herein are subject to updates and modifications from time to time without notice, please review these terms periodically. Use of this service and/or participation in Club Membership is an acknowledgement by Members of the continued acceptance of this agreement and any modifications thereof.

 

Members agree to assume full responsibility for their decision to participate in any way in this free service and to abide by the rules contained herein. Members agree that the Club Membership, Club Management & all technology providers will in no way be liable for any special, incidental or consequential damages caused as a result of your participation herein.

 

Members agree to keep their contact information current and accurate in both their Special Offers Cooler Email Management Account using the link at the bottom of each Special Offers Bulletin Board Email.

 

Members agree to view the monthly Special Offers Bulletin Board as frequently as is reasonably convenient and when making buying decisions to seriously consider supporting participating locally owned business advertisers. Loyalty to our participating advertisers is highly encouraged. They make this FREE service possible including the availability of special offers coupons and Special Offers Gift Cards and associated giveaway promotions and other services.

 

Members agree to set their email manager settings to accept html emails (emails containing graphics, not just text messages) and authorize management to discontinue their subscription membership and referral relationship in the event that their emails are not being opened at least 50% of the time during any given six month period of time.

 

Members who are inviting others to join the Club or Referring Advertisers agree that all promotions and marketing campaigns that they engage in will be accurate and fully compliant with federal, state and local laws including but not limited to network abuse, unsolicited messaging and FTC Advertising Rules and Disclosure Rules. .

 

If Members send or cause to be sent messages by electronic means (including but not limited to email and instant messaging) in connection with the direct or indirect promotion of the Special Offers Bulletin Board or related products and services, then they represent and warrant that no such message will be sent to people they do not personally know who have not requested them and that their message will not include any false or misleading information regarding your identity, the intent, subject, or origin of the message, and will conform to the rules and regulations of the federal CAN/Spam act and will not contain fraudulent, deceptive, false or misleading information about Special Offers Bulletin Board Service, associated services, Coupon Club or Referral Program. Members further agree that all such promotions will be fully compliant with federal and state laws, including US federal and state laws regarding network abuse, unsolicited messaging, and FTC Advertising Rules and Disclosure Rules

  

The Special offers Bulletin Board is a family friendly service, Members agree not to include any inappropriate, offensive, pornographic or hate oriented material, or any other material that is inconsistent with the Clubs standards and/or the standards of the local community. Only businesses with family appropriate products and services are allowed to list offers on the Bulletin Board.

 

Members acknowledge that they are of legal age to participate in the various Club services and opportunities that they are participating in and agree to abide by all local state and national and internet related laws.

 

Referrers acknowledge that this agreement represents a nontransferable, revocable license to access and use the Referrers Program as defined herein unless written permission is otherwise obtained from management.

 

Members are solely responsible for obtaining all equipment and approvals necessary for access to the monthly Bulletin Board and connection to the World Wide Web and all charges associated with such connection, including but not limited to obtaining a PC and modem or other access devices, having access to the World Wide Web and phone service charges, email address, etc.

 

Members authorize Crowd Coordinators and/or Management to send them the monthly Special Offers Bulletin Board email and up to 5 other related marketing emails per month from participating advertisers. Members also agree to receive separate offers from the Special Offers Bulletin Board pertaining to specific offers that they click on in the Bulletin Board. Additional emails will be invitations to get exclusive announcements from member advertisers about future special offers and/or an invitation to participate in Advertisers e-newsletter as managed by the Special Offers Community Coordinator. Members may decline to receive future emails from any participating advertisers and/or unsubscribe to them at any time using the unsubscribe account management link at the bottom of the emails. Club Members are always in total control of the lists they are on and may unsubscribe at any time.

 

Members authorize Management and/or the local Crowd Coordinator to contact them in the event it is necessary to validate contact information or resolve an issue pertaining to their Club Membership or provide additional information pertaining to the Special Offers Services.

 

Members realize and acknowledge that logos, product and service names pertaining to the Special Offers Bulletin Board, Gift Card, Community Club, etc. are proprietary intellectual property and trademarks belonging to the Club Membership and/or Club Management and/or third party providers and they are not to use them outside the terms of this agreement without prior permission. All participating Club Members, Advertisers and Corporate Gift Givers authorize Management and Community Coordinators to use their business logos and trademarks in real and sample POS signs, special offer coupons and personalized gift card labels unless otherwise notified.

  

Members agree to abide by the rules and terms of use of our technology providers for which you use as a result of your membership. Including but not limited to the vendors listed below:

 

·             Cooler Email is the provider of the email management system used by the Club

·             Audio Generator provides audio advertisement into emails and websites       

·             Discover Bank issues the Special Offers Gift Card.

·             Paypal provides the method of transferring payments between advertisers and coordinators, and also the payment of advertising royalties to our affiliates

 

To maintain or improve services, to prevent fraud, to respond to market conditions for the good of the Membership and preservation of the Special Offers Service, and to stay within local, state and federal statutes and laws management may at its sole discretion, modify the services and/or terms thereof and/or restrict, suspend, terminate or modify Subscriber's service with or without notice. The U.N. Convention for the Sale of Goods shall not be applicable to this license of the Services to Subscriber.

The failure of Club Members or Club Management to exercise its rights under this Agreement will not be construed as a waiver of such rights, nor will it in any way affect the validity of this Agreement. The provisions of this Agreement relating to intellectual property ownership, restrictions on use or disclosure of the Services, disclaimers of warranties, limitations of liability and indemnification shall survive termination or expiration of this Agreement for any reason.

 

All Referrers, Coordinators and Technology Providers are independent contractors and are responsible to pay all applicable taxes, and to obtain all relevant licenses and permits associated with the legal operation of your enterprise. Furthermore, you agree to indemnify and hold the Club Membership and Club Management harmless for any damages or costs incurred as a result of your violation of any law, regardless of whether they are actual, incidental, consequential, or punitive. All Advertisers, Coordinators and Referrers are independent contractors and responsible for paying all associated taxes and fees associates with being an independent contractor.

 

MEMBERS EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOU'RE USE OF THE SPECIAL OFFERS BULLETIN BOARD SERVICES IS AT YOUR SOLE RISK. WE AND OUR TECHNOLOGY PARTNERS PROVIDE OUR SERVICES AND THE EMAIL SYSTEM "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE. (B) NONE OF THE COMPANIES MAKE ANY WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR- FREE , AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICE OR THE EMAIL SYSTEM IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA , OR OTHER DAMAGES/LIABILTY THAT RESULT FROM USE OF THE EMAIL SYSTEM

 

LIMITATION OF LIABILITY

IN NO EVENT SHALL THE MANAGEMENT OR ANY OF THE TECHNOLOGY PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF THE COMPANIES OR ANY OF THEIR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR INABILITY TO USE THE SERVICE, (B) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, (C) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE EMAIL SYSTEM, THE SPECIAL OFFERS SERVICES OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. This section shall survive termination of these Terms of Service and/or this Agreement.

 

Members  agree that Idaho law, will govern this agreement, and that any claim or suit arising out of or related to this agreement must be brought exclusively in federal or state courts located in Boise, Idaho and you consent to the exclusive jurisdiction of such courts.

 

 Last Update 2 /2008