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PLEASE NOTE: This Agreement includes a Class Action Waiver and Arbitration Clause in Section 20 for resolving disputes related to the Rebates.com Site, Software, or Services provided by Rebates.com.
These Terms of Use ("Terms") are a binding agreement between you ("you," "your," or "End User") and Rebates.com, LLC, a New Mexico limited liability company ("Rebates.com," "we," or "us," which expressions shall include any authorized users unless the context indicates otherwise). The Terms govern your access to and use of the Rebates.com Site, Browser Extension, and Services, including any content, functionality, and services offered on or through the Rebates.com Site, and Browser Extension, whether as a guest or a registered user.
Before accessing the Rebates.com Site, downloading, installing, or using our Software or Services, please read these Terms carefully. The Services provided by Rebates.com search for and apply various coupon codes for shopping transactions within Rebates.com’s merchant network on the internet. By accessing or using any part of the Rebates.com Site or Software, or by clicking to accept or agree to the Terms when this option is made available to you, you unconditionally accept and agree to be bound by these Terms and our Privacy Policy, found at https://www.Rebates.com/privacy-policy ("Privacy Policy"), which is incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Rebates.com Site or Software provided by Rebates.com. Your access to the Services provided by Rebates.com, or any part thereof, is subject at all times to the terms and conditions of this Agreement and is at the sole discretion of Rebates.com.
EEA RESIDENTS: –Notwithstanding the above, if you are a current resident of, or entity established in the Economic European Area and subject to the protection of the EU General Data Protection Regulation 2016/679 ("GDPR"), then by actively consenting to these Terms, or by actively clicking to accept or agree to the Terms by clicking the "I Agree" button, or a button containing similar language indicating your active consent, you unconditionally agree to be bound by the terms and conditions of this Agreement and our posted Privacy Policy. If we modify the Agreement and/or Privacy Policy, we will provide notice to you on the Rebates.com Site and will request your active consent to the modified terms. You also agree that your personal information may be transferred to the United States following the data practices disclosed in our Privacy Policy.
AGE REQUIREMENT: The Services provided by Rebates.com are offered and available to people at least eighteen (18) years of age and who are not barred from receiving the Services under the laws of the United States or other applicable jurisdiction. You must be at least eighteen (18) years of age to make any purchases from Merchants on our Rebates.com Site or using our Software. By using the Rebates.com Site, our Software, or any part of our Services, you represent and warrant that you are of legal age to form a binding contract with Rebates.com and meet the previous eligibility requirement. If you are not at least eighteen years of age or if you do not agree to this Agreement, you must not access or use the Rebates.com Site. Rebates.com does not knowingly collect any data from anyone under 18 years old.
Please carefully review this legal agreement, in conjunction with our privacy policy. By (1) downloading our browser extension, (2) accessing any part of the Rebates.com Site, and (3) otherwise accessing any part of the services provided by Rebates.com, you acknowledge and represent that you have read, understood, and agreed to be bound by the terms of this agreement, as may be modified by Rebates.com from time to time and posted on the Rebates.com Site. If you do not agree to this agreement or any modifications to this agreement by Rebates.com, you do not have the right to download, install, or access the software, the Rebates.com Site, or any part thereof.
If you are accepting or agreeing to this agreement, including but not limited to using or accessing any part of the Rebates.com Site or browser extension on behalf of a company or other legal entity, you warrant that you have the authority to bind that company or legal entity to this agreement. In such an event, the terms "End User," "You," and "Your" refer to and apply to that company or legal entity.
DEFINITIONS
"Account" refers to the Rebates.com user account you create on the Rebates.com Site to sign up as a registered user, which is required to access certain features that are provided by the service, such as cashback.
"Active Accoun" means that you have made at least one qualifying purchase during each one (1) year period commencing on the date of your last qualifying purchase in which you earned cashback.
"Browser Extension" refers to the proprietary browser extension software named "Rebates.com," which is owned and operated by Rebates.com (available for download on the Website, the Mozilla Firefox Add-On Store, the Chrome Web Store, and Microsoft Edge Store). It enables you to access and receive coupons and/or cashback offers while shopping online from merchants.
"Cashback" refers to cashback payments that merchants pay to Rebates.com, which Rebates.com receives from merchants because you click on merchant ads containing cashback offers. This is a direct result of you making a qualifying purchase from a third-party store on the merchant's website.
"Intellectual Property" refers to copyrights, trademarks, trade dress, trade secrets, database rights, rights of confidentiality, and patents.
"Marks" refers to Rebates.com's trademarks, service marks, logos, and trade dress.
"Merchant" refers to any third-party entity or person in Rebates.com's merchant network and displays merchant ads on the Rebates.com Site and through the software to show offers for products and services in the merchant's third-party store, which is not affiliated with Rebates.com in any way.
"Merchant Ad" refers to advertisements displayed through the Rebates.com Site by merchants, which include but are not limited to, coupons, cashback offers, and other merchant promotions.
"Qualifying Purchase" refers to a non-fraudulent, non-commercial purchase by you of a merchant's product or service after having clicked a merchant ad on the website or by using the software. Such a purchase was determined to be a "qualified purchase" for a cashback payment by Rebates.com and the merchant from whom you purchased in the merchant's third-party store. This results in Rebates.com receiving a cashback payment from the merchant.
USING OUR SERVICES
Rebates.com reserves the right, in its sole discretion, to suspend or cancel your account, the provision of any service in connection with the Rebates.com Site or browser extension, and to refuse you access to the Rebates.com Site or browser extension without notice to you.
Ownership Rights: The ownership of all Intellectual Property related to the Rebates.com Site and Software is held by Rebates.com and its licensors, as acknowledged and agreed upon by the End-User. This Agreement does not grant any Intellectual Property rights or licenses to the End-User with respect to the Rebates.com Site or Software, except as expressly stated herein. Rebates.com will retain all right, title, and interest in and to the Service, Rebates.com Site, Software, and all data generated by Rebates.com, including click tracking systems and other performance measurement applications all associated Intellectual Property and proprietary rights worldwide. This includes ownership of all copyrights, trademarks, patents, derivative works, modifications, lists of advertisers and information, algorithms, taxonomies, trade secrets, and other intellectual property rights. The End-User is not granted any rights or licenses to copyrights, database rights, trademarks, trade names, trade secrets (registered or unregistered), or any other rights or licenses related to the Rebates.com Site, Software, or Service, except as expressly stated in this Agreement.
License Grant: Rebates.com is giving the End-User a limited, non-exclusive, revocable, non-sublicensable, and non-transferable license during the Term to access the Rebates.com Site download, install and access the Browser Extension. However, Rebates.com's license grant is subject to all this Agreement's terms, limitations, and conditions. All the rights granted by Rebates.com to End-User will end when this Agreement is terminated. Rebates.com reserves all the rights not granted in this paragraph.
Intellectual Property Infringement Claims: Rebates.com, its employees, agents, or subcontractors shall not be held liable for any alleged Intellectual Property infringements claimed by End User. This exclusion applies in the following situations: (i) if someone other than Rebates.com modifies the Software or Rebates.com Site; (ii) if End User continues to use the Service after Rebates.com or any appropriate authority notifies them of the alleged or actual infringement; or (iii) if End User uses the Software or Rebates.com Site, or any portion thereof, in a way that is not consistent with the instructions provided by Rebates.com through email, the Rebates.com Site, or the Software. This limitation of liability constitutes End User's sole and exclusive remedy and Rebates.com's sole liability in the event of any claim regarding infringement of any Intellectual Property.
LIMITATIONS ON LICENSE
The license granted to End-User is subject to certain restrictions, which include the following conditions: (i) End-User will not use, reproduce, modify, sell, rent, sublicense, transfer, or distribute any materials related to the Rebates.com Site, Software, or Service, except as expressly permitted in this Agreement; (ii) End-User will not display or syndicate the Software or any links from the Rebates.com Site or Software to any third-party website or sublicense it without obtaining Rebates.com's prior written consent; and (iii) Rebates.com reserves the right to modify, discontinue, or terminate this Agreement or the Service, in whole or in part, at any time in its sole discretion.
The license granted to End-User is subject to certain restrictions, which include the following conditions: (i) End-User will not use, reproduce, modify, sell, rent, sublicense, transfer, or distribute any materials related to the Rebates.com Site, Software, or Service, except as expressly permitted in this Agreement; (ii) End-User will not display or syndicate the Software or any links from the Rebates.com Site or Software to any third-party website or sublicense it without obtaining Rebates.com's prior written consent; and (iii) Rebates.com reserves the right to modify, discontinue, or terminate this Agreement or the Service, in whole or in part, at any time in its sole discretion.
Account Creation
To access certain features of the Rebates.com Service, including Cash Back, you must create an Account on the Rebates.com Site and provide accurate and up-to-date registration information. Rebates.com may deny, approve, or terminate any Account at its discretion, and failure to provide accurate information may result in immediate termination or suspension of your Account. Misrepresenting ownership or fraudulently claiming control over an Account is prohibited and may result in a permanent ban from using the Rebates.com Site and Software.
Account Security
Rebates.com may suspend, deny, or revoke access to the Rebates.com Site, Software, and/or Account if your activities are deemed a threat to the integrity of the Rebates.com Site, Software, Merchants, or any part of the Rebates.com Service. Rebates.com reserves the right to investigate any breach of this Agreement or determine if any fraud has occurred and may withhold any payments earned from Cash Back. Cash Back will be credited to your Account when Rebates.com receives the Cash Back payment for your Qualifying Purchase from the Merchant.
If you cancel your Rebates.com Account or terminate it by Rebates.com for your breach of this Agreement, you forfeit all Cash Back and payment credits in your Account at the time of termination. Rebates.com is not liable to refund any forfeited credits. Your Account is owned by Rebates.com, and you have no ownership interest.
Unauthorized Access
To access your account, you must use a password you create. It's your responsibility to keep your password safe and confidential. Any unauthorized use of your password or account, including unauthorized access, is solely your responsibility. If you become aware of any unauthorized use of your account, you should contact Rebates.com immediately by writing to support@Rebates.com. Rebates.com will not be responsible for any loss or damage resulting from unauthorized access or use of your account. If this agreement is terminated, Rebates.com may disable or delete your account.
EARNING CASHBACK
To be eligible to earn Cash Back through Rebates.com Site and by using the Software, the following conditions must be met:
Rebates.com should receive Cash Back from the Merchant for your Qualifying Purchase.
You can receive a maximum of five thousand dollars ($5,000) in Cash Back per year from all sources on the Rebates.com Site and Software. If you exceed this limit, you will no longer receive any Cash Back for the rest of the year, regardless of any Cash Back amounts advertised on the Rebates.com Site or through the Software. You are only allowed to have one (1) account, and if Rebates.com discovers that you have multiple accounts, it may terminate all of your accounts without any liability to you, and you agree to forfeit all payment credits in your account. You cannot use the same PayPal email address for multiple Rebates.com accounts. Cash Back is paid only on the net purchase amount of a Qualifying Purchase, excluding fees, discounts, coupon codes, Rebates.com, taxes, shipping costs, return and cancellation costs. All Cashback payments are made in US dollars and subject to verification of your identity as reasonably requested by Rebates.com. Furthermore, Cash Back payments are not available to residents of countries currently subject to economic or trade sanctions by any US government entity. Rebates.com reserves the right to modify its Cashback program and Cashback amounts advertised through merchant ads at any time, with or without prior notice to you.
HOW CASHBACK WORKS?
The Cash Back process on Rebates.com involves partnering with third-party networks and vendors to offer rewards on certain qualifying purchases made through a merchant's third-party store. These opportunities are displayed on the Rebates.com Site and Software through Merchant Ads, which outline the amount of Cash Back offered by a particular merchant. To be eligible for Cash Back, click through the Merchant Ad and complete the Qualifying Purchase in the same session while logging in to your Rebates.com Account.
Rebates.com receives payment directly from its affiliate networks and vendors for specific purchases made through its network of merchants. Once Rebates.com receives compensation, it will credit your account with the corresponding Cash Back, which may take up to 90 days to appear. You can cash out your balance once it exceeds the minimum threshold amount, which will be communicated to you on your Account's "Withdrawal" page. The accrual rates for Cash Back vary and are subject to the Third Party Store's policies and payment schedules. Some purchases, such as travel-related purchases, may only accrue Cash Back once the activity is completed. Rebates.com reserves the right to change its Cash Back program, and Cash Back amounts offered through Merchant Ads at any time with or without notice to you.
Cashback Modifications and Withholdings.. Rebates.com, in its sole discretion, may modify or remove the amount of Cash Back credited to your account or the payment schedule at any time in its sole discretion if Rebates.com determine you are engaged in suspicious activity, fraud, and/or have violated any term in this Agreement. Rebates.com may delay or withhold payment as a result of suspicion of fraud, violation of any term in this Agreement, or any change to the Third Party Store's policies. YOU AGREE THAT YOU WILL IMMEDIATELY FORFEIT ALL CASHBACK IN THE EVENT YOU HAVE INITIATED A CHARGEBACK REQUEST WITH YOUR CREDIT CARD COMPANY AND Rebates.com INCURRED FEES AS A RESULT OF THE CHARGEBACK REQUEST. YOU AGREE TO SUBMIT ALL FEE DISPUTES TO Rebates.com BEFORE CONTACTING YOUR CREDIT CARD COMPANY TO ATTEMPT TO RESOLVE ANY FEE DISPUTES.
Cash Back Expiration. All Cash Back credited to your Account and which has yet to be withdrawn will expire unless you have completed a Qualifying Purchase within one (1) year after your last Qualifying Purchase. Rebates.com deem your Account inactive and abandoned if you have yet to make a Qualifying Purchase in each one (1) year after your last Qualifying Purchase. You agree that you will forfeit all Cash Back, which may include Cash Back (defined below) if one (1) year has passed since you have made a Qualifying Purchase on the Rebates.com Site.
Taxes. You are solely liable for any taxes, levies, duties, or fees owed to any applicable government authority due to the Cash Back paid to you by Rebates.com.
Rebates.com’ Link Only. To qualify for Cash-Backs, you must only use the links to Third-Party Merchant products and services in Third-Party Stores that the Rebates.com Software or Rebates.com Site provides. Use of any links provided by Rebates.com outside the Rebates.com Software and Rebates.com Site, such as on social media platforms, newsgroups, online bulletins, chat rooms, or similar Third Party locations, is prohibited, and you acknowledge you will forfeit any Cash Back accrued as a result of your misuse of the links provided by Rebates.com. If you access a Third Party link before a purchase transaction, and use any Third Party discount code, you may not be paid any Cash Back because your purchase might be associated with an outside service not provided by Rebates.com.
Cookies Required for Cash Back. If you disable cookies, you may not earn Cash Back for your purchase transaction since cookies are used to verify eligible Accounts for the Service.
Cash Back Exclusions. Cash Back is only available for Qualifying Purchases and only after Rebates.com receives the Cash Back from the Merchant you made a Qualifying Purchase from after clicking a Merchant Ad on the Rebates.com Site and Software; all Cash Back may be subject to additional terms; exclusions listed on the Rebates.com Site and Software, in a Merchant's Third Party Store, in the terms of the offer in the Merchant Ad, and/or on the Third Party Store's checkout page.
Shipping Monitoring – Rebates.com tracks merchant shipping delays and advises you of any shipping delays for which you may qualify for a payment from the merchant due to a shipping delay
Price Monitoring – Rebates.com tracks your purchases from merchants Rebates.com monitors to alert you if there has been a price drop since your purchase for which you may qualify for a payment from the merchant due to the price drop.
Delivery Monitoring - Rebates.com tracks certain on-demand delivery services, such as food service orders, and notifies you of any late deliveries for which you may qualify for a payment from the merchant or on-demand platform due to the delay.
Return Monitoring - Rebates.com track the amount of time you have left to return an item you purchased from merchants’ Rebates.com monitors and notifies you of any upcoming deadlines to return Rebates.com you purchased.
By providing Rebates.com with access credentials or tokens for your email account(s) to link your email account(s) to your Rebates.com Account, you understand and agree that you will be granting Rebates.com access to your emails to allow Rebates.com to provide you with the Order Protection services. You agree that Rebates.com may collect, access, and use your emails for the account(s) you link to Rebates.com under our Privacy Policy to the extent necessary to provide you with the Order Protection services. You also authorize Rebates.com to email merchants from your email account(s) on your behalf in an attempt to recover payments from merchants for transactions that Rebates.com discover may qualify for a payment from a merchant Rebates.com monitor. You agree that you will not link any email account(s) that you are not authorized to access or otherwise grant the permissions necessary for Rebates.com to provide the Order Protection services.
You agree that Rebates.com shall not be liable to you or any third party in any way for any errors or omissions in the Order Protection services provided to you by Rebates.com or as a result of the Order Protection services being taken offline or otherwise not available to you. Rebates.com is not liable to you for any lost emails or damages caused to your email inbox that may result from using the Order Protection services. You agree that using the Order Services is entirely at your own risk. Rebates.com reserves the right to suspend, terminate, or otherwise limit your access to the Order Protection services at any time, with or without notice.
Termination by Rebates.com. You agree and acknowledge that Rebates.com shall not be liable to you and shall not be obligated to refund any payments made to Rebates.com in the event (1) Rebates.com terminates this Agreement with or without cause, (2) Rebates.com determines you have engaged in fraudulent behavior, (3) Rebates.com is subject to bankruptcy proceedings, and (4) Rebates.com is dissolved. If any of the preceding occurs, you agree you forfeit all credits for payments in your Account.
THIRD PARTY STORES
No Affiliation. All products and services purchased in connection with the Service are products purchased from a Third Party Store, which is not affiliated with Rebates.com in any way. Rebates.com and such Third Party Store have an independent relationship, and you agree Rebates.com is not an agent of such Third Party Store.
No Liability.Rebates.com shall not be liable for any product purchased through a Third Party Store, and any purchase or participation in an offer or promotion is between you and the Third Party Store. Rebates.com shall have no liability for any Third Party Store's withdrawal from the Rebates.com Services, any changes, any effect on your accrual of Cash Back caused by such Third Party Store's changes, or withdrawal from the Service.
FRAUDULENT USE OF SERVICES
Rebates.com reserves the right to investigate any suspicious activity, and all fraud determinations shall be in Rebates.com’s sole and absolute discretion. Fraudulent activity includes, but is not limited to, using multiple Rebates.com Accounts, repeatedly and consistently returning products after Cash Back has been credited, engaging in fraudulent referrals, and fraudulently manipulating tracking system technology to give your Account credit for purchases made by third parties ("Fraud").
Rebates.com shall not be liable to pay you for any activity determined to be the result of Fraud and shall be entitled to withhold any Cash Back amounts that have accrued and/or terminate your ability to earn any future Cash Back amounts. Additionally, for any Cash Back amounts that have been paid to you, Rebates.com shall be entitled to charge-back any amounts paid to you resulting from Fraud.
UNINSTALLATION INSTRUCTIONS
You may remove the Rebates.com Browser Extension at any time by following the instructions at the following link: https://rebates.com/uninstall
SERVICE MODIFICATIONS BY Rebates.com
The Rebates.com Site, Software, Service, or any part thereof may be modified, suspended, or terminated by Rebates.com at any time in its sole discretion and without notice.
END-USER REPRESENTATIONS AND WARRANTIES
End-User represents and warrants it has the full right and authority to enter into this Agreement and perform the acts and obligations required hereunder.
End-User represents and warrants that execution of this Agreement and performance of its obligations hereunder do not and will not violate any agreement to which it is a party or by which it is bound. It will comply with all applicable laws, rules, and regulations (including, without limitation, privacy and data control laws).
End-User represents and warrants that the information provided to Rebates.com in any registration application, forms, and otherwise is accurate, complete, and does not contain untruthful statements.
NON-CIRCUMVENTION
End-User shall not use the Service, the Rebates.com Site, the Software, or any part thereof, or any technology learned from the relationship covered in this Agreement to build (i) a service that competes with the Service; (ii) assist any other person or company in competing with the Service; or (iii) in any other way compete with the Rebates.com Service.
PRIVACY POLICY
Rebates.com Privacy Policy. Our Privacy Policy explains how we treat your personal information and protect your privacy when you use our Rebates.com Site and Software. Our Privacy Policy is located on the Rebates.com Site's homepage and is hereby incorporated into this Agreement. Using our Services, you agree that Rebates.com can use such data under our Privacy Policy.
Data Obligations. Concerning any personally identifiable information or other data you provide in connection with this Agreement ("Data"), if any, you hereby consent to using and disclosing the Data under Rebates.com’ Privacy Policy. With respect to any Data provided, you shall ensure the Data has and will continue to comply with all applicable data protection and privacy laws, including but not limited to GDPR. You shall ensure you have obtained all necessary rights, consents, and authorizations from any data subjects for which the data relates in connection with this Agreement to allow Rebates.com to process the personal data outside the data subject's country of residence. Any Data sent to Rebates.com will be processed in the United States or any other country where Rebates.com or its contractors maintain data storage or processing facilities. By using the Services, you hereby consent to such processing and storing of the Data.
Data Communications Security. You acknowledge and agree email communications are generally not an encrypted form of communication, and Rebates.com shall not be responsible for any interception of Data by third-parties, that is sent to Rebates.com by way of email or other forms of unencrypted electronic communication.
Prohibited Data. In no event shall you send Rebates.com any data that is generally considered highly sensitive or falls under the "special categories of personal data" under the GDPR. This includes, but is not limited to, personal data revealing racial or ethnic origin, religious beliefs, genetic data, data concerning a person's health, a person's sexual orientation, trade union membership, or biometric data.
INDEMNITY
You agree to indemnify and hold Rebates.com and its officers, directors, agents, affiliates, licensors, and employees harmless from and against any claims, actions, liabilities, losses, expenses, damages, and costs, whether based on active negligence, passive negligence, or gross negligence (including without limitation all attorneys' fees and costs of every kind, including expert fees and not limited to statutory costs), arising out of (1) your acts or omissions arising out of or related to your use of the Service, (2) your breach of any term, warranty, representation or covenant in this Agreement, (3) any claims by any Third Party in connection with this Agreement, or (4) your violation of any applicable law, rule, or regulation. End User's obligation to indemnify Rebates.com is conditioned upon Rebates.com providing prompt notification of any such claims, unless the failure to notify does not materially and adversely affect the defense. Rebates.com will reasonably cooperate with End User in the defense and/or settlement thereof, at End User's expense. Rebates.com may have their counsel in attendance at all proceedings and substantive negotiations relating to such claim at the Rebates.com’ sole cost and expense. End-User shall not settle any Third Party claim in a manner detrimental to Rebates.com without the written consent of Rebates.com, not to be unreasonably withheld or delayed.
DISCLAIMERS
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Rebates.com HEREBY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE), WITH RESPECT TO THE PROVISION OF THE SERVICES PROVIDED TO END USER HEREIN. ABSENT ANY PROVISION TO THE CONTRARY HEREIN, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, END-USER ACKNOWLEDGES THAT THE Rebates.com SITE, SOFTWARE, AND ALL SERVICES PROVIDED BY Rebates.com HEREIN ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND.
Rebates.com are not responsible if the Service, Software, Rebates.com Site, or related services provided by Rebates.com is inaccessible, unavailable or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Rebates.com may undertake from time to time; or (iii) other causes beyond the control of Rebates.com, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, the unavailability, operation, or inaccessibility of websites or interfaces, network congestion or other failures.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL Rebates.com OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES, OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THAT RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE THE SOFTWARE, SERVICE, Rebates.com SITE, OR ANY OTHER INTERACTIONS WITH Rebates.com, EVEN IF Rebates.com OR AN Rebates.com AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, Rebates.com' LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
ANY LIABILITY OF Rebates.com, ITS INFORMATION PROVIDERS, LICENSORS, LICENSEES, EMPLOYEES, AGENTS, CONSULTANTS OR CONTRACTORS, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, FAILURE OF DELIVERY OF MERCHANDISE OR INFORMATION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR UNLAWFUL USE OF Rebates.com' RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, SHALL NOT EXCEED FIFTY DOLLARS ($50.00).
YOU ACKNOWLEDGE AND AGREE THAT (A) THE REMEDIES, EXCLUSIONS, LIMITATIONS OF LIABILITY, AND LIMITATION OF DAMAGES HEREIN, REFLECT A REASONABLE ALLOCATION OF RISKS; (B) THAT YOU AND Rebates.com WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE EXCLUSIONS, LIMITATIONS OF LIABILITY, AND ALL OTHER TERMS IN THIS AGREEMENT. YOU ACKNOWLEDGE THAT THE TERMS CONTAINED IN THIS AGREEMENT ARE A FAIR ALLOCATION OF RISKS BETWEEN YOU AND Rebates.com.
ASSIGNMENT: CHANGE OF CONTROL
End-User shall not assign any of its rights or obligations under this Agreement, in whole or in part, without Rebates.com’ written consent.
Rebates.com may at any time assign, in whole or in part, its rights or obligations under this Agreement without the consent of and without prior notification of End-User.
ARBITRATION
Confidential Arbitration. Any dispute arising out of or related to this Agreement shall be resolved by confidential arbitration before a single arbitrator. The arbitration shall be conducted under the current and applicable rules of the American Arbitration Association ("AAA"). All arbitration-related hearings shall be conducted in Los Angeles, California. The arbitrator shall be selected by the mutual agreement of the parties. If the parties cannot agree on a single arbitrator, then the arbitrator shall be selected under the then in effect rules of the American Bar Association. Once selected, the Arbitrator shall be empowered to hear and resolve any and all issues related to, arising from, based upon, or in any way related to the dispute, whether based in law or equity. The Arbitrator shall issue rulings, decisions, orders, judgments, and permanent injunctions as applicable and appropriate. The prevailing party in said arbitration shall be awarded, Attorney's fees and costs as well as the costs of the arbitrator. If a party files a motion or petition to compel arbitration, then the prevailing party in said motion or petition shall be awarded interim attorney's fees and costs related to the motion or petition. THE PARTIES HEREBY AGREE TO WAIVE THEIR RIGHT TO A JURY TRIAL.
Arbitration Procedure. A party who intends to seek arbitration must first send a written notice of the dispute to the other by certified mail or Federal Express (signature required), or if we do not have a physical address on file for You, by electronic mail ("Notice").Rebates.com' address for Notice is Rebates.com, Attention Legal :320 Gold Ave SW, Suite 620 • Albuquerque, NM • 87102. The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought ("Demand"). We agree to use reasonable faith efforts to resolve the claim directly. Still, if We do not agree to do so within 30 days after the Notice is received, You or Rebates.com may commence an arbitration proceeding.
Individual Capacity. You specifically agree that any claim or cause of action You may have arising out of this Agreement will be brought only in Your capacity. You agree and acknowledge that You will not be a Party, class member, or representative of any class action proceedings against Us. Also, an arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
Time To Bring Claim. ANY CLAIM OR CAUSE OF ACTION RELATING TO OR ABOUT THIS AGREEMENT MUST BE ARBITRATED AS SET OUT IN THIS SECTION 18 WITHIN ONE (1) YEAR OF THE OCCURRENCE GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. THIS TIME LIMITATION APPLIES TO ALL TERMS AND CONDITIONS SET OUT IN THIS AGREEMENT. ALL CLAIMS OR CAUSES OF ACTION NOT INITIATED WITHIN THE TIME RESTRICTION AS OUTLINED IN THIS SECTION 18.4 ARE PERMANENTLY BARRED.
GOVERNING LAW; VENUE
This Agreement will be governed by and construed under the laws of the State of California, notwithstanding the actual state or country of residence or incorporation of the parties. Arbitration hearings shall be held solely in Los Angeles, California for all actions arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND Rebates.com ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION CONCERNING ANY CLAIM, COUNTERCLAIM, OR ACTION ARISING FROM THE TERMS OF THIS AGREEMENT.
MODIFICATIONS
Rebates.com reserve the right, in its sole discretion, to modify this Agreement at any time and without prior notice to you. If you are not a citizen of Europe and subject to the protection of the EU General Data Protection Regulation ("EU Citizen"), then if we modify this Agreement, we will post the modification on the Rebates.com Site, which is effective immediately. You agree to review the Terms of Use and our Privacy Policy periodically to ensure that you are aware of any changes we make to the Terms of Use and/or Privacy Policy. By continuing to access or use the Rebates.com Site or related Services after we have posted a modification on the Rebates.com Site, you are indicating that you agree to be bound by the modified Agreement. If the modified Agreement is not acceptable to you, your only recourse is to cease using the Rebates.com Site and any related services under the terms of this Agreement. If you are an EU Citizen, then we will provide you with a notice on the Rebates.com website and the modification will be effective subject to your acceptance of the modified terms.
NOTICES
Any notice or other communication to be given hereunder will be in writing and will be (as elected by the party giving such notice): (i) personally delivered; or (ii) sent by prepaid overnight delivery services such as FedEx or USPS Express Mail, with delivery confirmation and/or return receipt; a courtesy copy shall also be sent by email or facsimile. Unless otherwise provided herein, all notices will be deemed duly given on the date of receipt (or if delivery is refused, the date of such refusal) if delivered personally. Either party may change its address for purposes hereof on at least three (3) business days prior notice to the other party.
FORCE MAJEURE
Any delay in or failure of performance by either party under this Agreement will not be considered a breach of this Agreement and will be excused to the extent caused by any occurrence beyond the reasonable control of such party, including, but not limited to, acts of God, power outages and governmental restrictions.
SEVERABILITY AND WAIVER
If any of this Agreement's provisions are held unenforceable by a court or arbitrator, the remaining portions of the Agreement will remain in full force and effect.
Failure of either Party to require strict performance by the other party of any provision shall not affect the Party's right to require strict performance thereafter. A waiver by either party of a breach of any provision shall not waive either the provision itself or any subsequent breach.
ENTIRE-AGREEMENT
This Agreement is the complete and exclusive agreement between the parties concerning the subject matter hereof, superseding and terminating all previous communications, representations, or agreements, whether written or oral, between the parties relating to the services provided hereunder.
COUNTERPARTS
This Agreement may be executed in two or more counterparts, each of which shall be an original or copy and constitute one instrument.
RELATIONSHIP OF THE PARTIES
Neither party shall be deemed to be an employee, agent, or legal representative of the other party hereto for any purpose, and neither party hereto shall have any right, power, or authority to create any obligation or responsibility on behalf of the other party hereto nor shall this be deemed an exclusive or fiduciary relationship. This Agreement will not be construed to create or imply any partnership, agency, or joint venture.
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