Hoopla Doopla Terms of Use

Last updated: March 23, 2010

This agreement explains the terms and conditions that governs membership to the Hoopla Doopla, Inc. service. It is your responsibility to read and understand them. By becoming a member to our web site and using our service, you agree to be bound by these terms and conditions. Enrolment in our service is defined as providing Hoopla Doopla with your valid email address and a password which will be used to access your account. Membership participation and its benefits are offered at the discretion of Hoopla Doopla, and Hoopla Doopla has the right to change these terms and conditions at any time with or without notice.

Membership Eligibility

In order to become a member of this web site, the following criteria must be met.

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

2. Members must be human: no machines or automated services may be used to accumulate financial benefits derived from the use of our site.

3. Only one account may be maintained at a time. Duplicate accounts will be subject to termination.

3. Our service is only available for use via access to the Hoopla Doopla web site (www.hoopladoopla.com). You must have internet access, an email address, and a PayPal account (if PayPal and not "check" is you method of payment) to be eligible to use our service and receive payments from us. We are not responsible for your inability to connect to the internet, log into the Hoopla Doopla Web site, or access your Hoopla Doopla account.

4. You must agree not to 'spam' unknown individuals by sending them unwanted emails to solicit their membership to Hoopla Doopla.

Refusing to abide by these or any other rules may result in Hoopla Doopla withholding you of referrals and/or terminating your membership.

Cash Back Earnings

As a Hoopla Doopla member, you will be credited, subject to the terms and conditions stated in this agreement, a percentage of the net purchases made by you at one of the online merchants featured on Hoopla Doopla. The percentage will be posted to your earnings balance on the Hoopla Doopla web site for each merchant. The net purchase is defined as the total amount paid to the merchant minus tax, shipping, promotional credits, returns, cancellations, or as the merchant defines on their web site and as is counted in their membership and/or operating agreement, whichever is less. All merchant membership and/or operating agreements as they relate to their affiliate or partner programs with Hoopla Doopla and which reside on the affiliated merchant's respective web sites are incorporated into this agreement by reference.

Purchases made through our merchants will be considered as a "Qualified Purchase" and will be subject to earn a cash back reward if and only if all of the following criteria are satisfied:

1) Cookies must be enabled on your Web browser.

2) All potential qualified purchases must begin by clicking on one of our merchant's links that appears on the Hoopla Doopla web site, and be successfully connected to the merchant's web site based upon that click.

3) Hoopla Doopla may, at all times, route your request for a merchant site through specific links, in order to assure that the sale can be tracked correctly. Any alteration of these links will invalidate your sale, and will not be considered a qualified purchase.

4) Purchases must be started and completed in one shopping session within the Hoopla Doopla shopping program. If you start a purchase, then complete it in a different session, you will be ineligible for cash back.

5) Items must not be returned. If they are, the initial purchase will be invalidated and not be deemed a qualified purchase. If items are returned after the purchase is credited to your account, Hoopla Doopla reserves the right to remove the credited transaction from your account.

The determination of whether or not a purchase made through a Hoopla Doopla merchant qualifies as a purchase is at the sole discretion of Hoopla Doopla. We state specific purchase actions that do not qualify for cash back where applicable.

If a merchant fails to report a transaction to Hoopla Doopla, or withholds payment to Hoopla Doopla for a particular transaction for any reason, Hoopla Doopla reserves the right to cancel the cash back associated with that transaction. Cash back rewards awarded to members are subject to adjustments for returns, cancellations, coupon/promotional codes found on other sites, and other events. Such adjustments can be applied to member accounts at any time by Hoopla Doopla at its sole discretion. If you disagree with any adjustments made to your account, your option is to cancel your account.

The cash back members earn shopping through Hoopla Doopla is considered income, and is subject to being taxed. Depending on the amount of cash back rewards you accrue and the tax laws of federal, state, and local jurisdictions, we may be required to provide you with a 1099. Hoopla Doopla will 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 your cash back rewards.

There are a number of purchases that are not eligible for accrual or payment of cash back rewards. These notices are given underneath the merchants description if the merchant has ineligible cash back items.

It is your responsibility to check your account regularly to ensure that cash back has been credited and that your account balance is accurate. A cash back credit may take up to one month to post. If you do not believe that a cash back reward has been correctly credited to your account you must wait at least 30 days but no more than 90 days after completing a qualifying purchase to contact Hoopla Doopla about the transaction. All cash back rewards earned by members are subject to review. Necessary adjustments may be applied to member accounts at any time by Hoopla Doopla at its sole discretion. If you do not agree to adjustments made to your account, your only recourse will be to cancel your membership. Hoopla Doopla reserves the right to terminate any account for abusive activity, or if the member is no longer reachable at the contact email address provided in the members Account Information page.

Hoopla Doopla is not responsible for changes to, or discontinuance of, any merchant withdrawal from Hoopla Doopla, or for any effect on accrual of cash back caused by such changes, discontinuance, or withdrawal.

Schedule of Payments

Cash back earned will be paid on a quarterly basis. Every three months Hoopla Doopla issues checks, or electronically deposit to its members the cash back that they have earned to their PayPal account. Accrued cash back will be dispersed to the Members on or around April 15th, July 15th, October 15th, and January 15th. On or around these dates, you will receive what your account balance was at the end of the previous month. Some merchants take longer than others to post cash back, others show up immediately. If a purchase was made near the end of a payment period, and does not show up in your deposit, it will be carried over to the next payment period.

Payment Schedule
For a schedule of when we issue our payments, click here.

PLEASE NOTE: Due to the high volume of payments we issue, we are not able to resend payments due to incorrect Paypal or mailing addresses. It is your responsibility to keep your mailing address or PayPal email address information current in order for us to accurately make the payment of your cash back. For PayPal, in the event that your information is not current at the time of payment, your cash back will not be sent. If a correct PayPal address is supplied, your will receive your payment on the next payment date. If an error occurs in payment we attempt to send you, Hoopla Doopla can help you in determining the cause of the non-payment by contacting us. If it has been determined that non-payment was caused by a process error in payment automation or other cause that was our fault, all accrued cash back rewards will be re-paid to you in full. Hoopla Doopla is not responsible for any misapplied PayPal payments sent to the wrong address caused by an inaccurate email address, or for any inaccurate mailing addresses for checks provided by the user. We are not liable for errors made by PayPal in applying your payment, though we will work to resolve any such issues if they arise.

Transaction Pending Period

There is a 90 day pending period on each transaction posted to your account. The ONLY reason for this is to protect us and the merchant against fraud purchases, returned merchandise, cancelled orders or other actions you may take to terminate the order. During this period, our merchants can withdraw the transaction back from us if one of these instances occurs. Pending transactions are noted with a yellow bullet next to the transaction ID. When the 90 day pending period clears, the cash back earned is yours and is applied to your next quarterly payment.

Accessing Accounts

When creating an account to use our service, you will select a username (your contact email address), and a password that will allow you to access your Hoopla Doopla account through this web site. Through this account you will conduct all account activity such as click merchant links, modify your account information, and view your balance.

You must be logged into Hoopla Doopla to change your account information, mailing address, and PayPal email address, and to view your account balance.

For security purposes, it is recommended that you memorize your password, and do not write it down. You are responsible for keeping your email address, password, PayPal email address, mailing address and other account information confidential. Hoopla Doopla is not responsible for any credits or debits made to your account by someone else who uses your password.

Account Information

You authorize Hoopla Doopla to only disclose to third parties information you have provided, or information that Hoopla Doopla has obtained about your Hoopla Doopla account or shopping behavior: (i) to agents and licensors of Hoopla Doopla 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 cash back rewards. Further, you authorize Hoopla Doopla to receive any account information from any Affiliated Merchant including, but not limited to information regarding purchases made, items searched for or added to your shopping cart, products ordered, order number, the time and date the purchase occurred, and the email address entered for the purchase. You agree to hold the Affiliated Merchant harmless for any information disclosed to Hoopla Doopla. You allow Hoopla Doopla to collect and use non-personalized marketing information regarding visits and related to and purchases made from internet commerce sites.

By signing up for membership at Hoopla Doopla, you agree to receive communications that are account and membership related, such as newsletter, account information, and changes to this web site. You can opt-out of receiving emails that are not account-related by changing the settings on your Account Information page. We need to communicate account information with you, therefore, you can't unsubscribe from account information emails. We don't send account emails unnecessarily. These are not promotional emails, and are only used to notify you of account related notices, such as a payment deposit.

Our Disclaimer

THE HOOPLA DOOPLA SERVICE IS PROVIDED TO MEMBERS "AS IS" WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOOPLA DOOPLA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, 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.

HOOPLA 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 MERCHANTS FEATURED ON THIS SITE. IN ADDITION, ALTHOUGH HOOPLA DOOPLA WILL TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE HOOPLA DOOPLA WEB SITE, HOOPLA DOOPLA DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS THAT THIS SITE IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, HOOPLA DOOPLA DOES NOT WARRANT THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND HOOPLA DOOPLA 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 CASH BACK BY PURCHASING ITEMS WITH A MERCHANT.

Limitation of Liability

IN NO EVENT WILL ANY MERCHANT WITH WHICH HOOPLA DOOPLA HAS AN AFFILIATE REALTIONSHIP, INCLUDING WITHOUT LIMITATION, CO-BRANDING, CO-MARKETING, JOINT DEVELOPMENT, A MERCHANT RELATIONSHIP, OR A LICENSING OR SUPPLIER RELATIONSHIP BE LIABLE TO YOU FOR NON-PERFORMANCE OF HOOPLA DOOPLA OBLIGATIONS. YOU AGREE NOT TO SUE ANY CORPORATE PARTICIPANT FOR NON-PERFORMANCE BY HOOPLA DOOPLA. IN NO EVENT SHALL HOOPLA DOOPLA 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 SERVICE; (II) ANY FAILURE, DELAY, OR DECISION BY HOOPLA DOOPLA IN ADMINISTERING THE SERVICE; (III) THE USE OR INABILITY TO USE THIS WEB SITE; OR (IV) THE PURCHASE OR USE OF ANY MERCHANDISE, PRODUCTS, OR SERVICES OF MERCHANTS OR SUPPLIERS, EVEN IF HOOPLA DOOPLA, 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.

MEMBERS AGREE TO INDEMNIFY AND HOLD HOOPLA DOOPLA, ITS, AFFILIATED MERCHANTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF MEMBER'S USE OF THE PROGRAM, THE VIOLATION OF THESE POLICIES BY MEMBER, OR THE INFRINGEMENT BY MEMBER, OR OTHER USER OF THE PROGRAM USING THE MEMBER'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 MEMBER COMMUNICATIONS.

Changes to Service and Termination

Hoopla Doopla reserves the right to terminate its service at any time with notice. Upon this notice of termination, members will be contacted via email to the address they have provided in their account. Any cash back accrued in the members account will be sent to the payment method specified in their account. Hoopla Doopla will not be responsible for failing to notify you of termination where such failure is caused by any reason outside the control of Hoopla Doopla, including an error in your email program, an inaccurate email address, your failure to check for your email online, or your failure to inform Hoopla Doopla of a change in your email address.

Hoopla Doopla may modify this Agreement from time to time, with or without notice, and your continued participation in our service after such modification shall be viewed to be your acceptance of these modifications. It is your responsibility to check the Terms of Use page of the Hoopla Doopla Web site regularly to determine whether the Terms of Use have been modified. If you do not agree to any modification, you must cancel your membership.

Membership Cancellation and Termination

Your membership to Hoopla Doopla is subject to this Terms of Use. Failure to comply with these Terms of Use, any fraud or abuse relating to the accrual of cash back, or any misrepresentation of any information furnished to Hoopla Doopla or its merchants by you, or anyone acting on your behalf, may result in the termination of your membership with Hoopla Doopla's service, and/or removal of your accrued cash back. Hoopla Doopla also reserves the right to close any account that have been inactive for more than 12 months. Inactivity is defined as no tracked visits and account activity. An inactive account will have all funds in it taken back by Hoopla Doopla, the account will no longer be accessible under that username and password. We give you the right to close your account at any time on your Account Information page.

Concerns and Disputes

Any and all concerns or disputes regarding our service, including without limitation, questions or concerns regarding eligibility to the service, or the eligibility of cash back rewards for accrual, must be submitted via our Contact Us page within 60 days of the qualifying transaction. Any disputes shall be resolved by Hoopla Doopla at its sole discretion. All interpretations of Terms and Use shall be at the sole discretion of Hoopla Doopla. In the event that an error is made by Hoopla Doopla, your sole remedy shall be the credit of the disputed cash back reward to your Hoopla Doopla account.

This Terms of Use agreement constitutes the entire agreement between you and Hoopla Doopla, Inc. with respect to its service.

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