Irvington LLC d.b.a. rebates.com ("REBATES"), utilizes commission-based affiliate marketing from our store partners ("Affiliate Stores"). To ensure that you, as a Rebates.com Registered User ("User"), fully understand what your rights are as a User, and what our responsibilities are to you, we have created this User Agreement ("Agreement"). As a User of the Rebates.com website (referred to herein as "Rebates.com" or the "Site"), you agree that you have read, understood and agreed to the following "Terms and Conditions," and consent to be bound by all of the "Terms and Conditions," including any future amendments or updates thereto.
To post messages on our forums, you must choose a unique user name. Duplicate user names are not allowed, so if the name you enter is already in use, you will be prompted to choose another one. REBATES, at its own discretion, may bar registration from any specific email service or ISP. Any message posted on our forums expresses only the views of the author of the message and does not necessarily reflect the views of REBATES or any person or entity associated with it. While REBATES may use moderators and administrators to monitor the content and appearance of messages posted in our forums, you acknowledge that REBATES is under no obligation to do so. Considering the real-time nature of this bulletin board, it is impossible for us to monitor or review every message. You agree that neither REBATES, nor any person or entity associated with it, will be held responsible for the contents, accuracy, completeness or validity of any information posted on our forums. You agree that you will not use our forums to post any material, or links to any material, which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise violative of any applicable law. You agree you will not post promotional information for a website, entity or entity with which you are an affiliate, employee, owner, or otherwise receive any benefit from. Users who breach this provision are authorizing REBATES forums to charge the sum of $1000.00 in advertising fees per violative post, plus any collection and legal fees involved in collecting the debt. You agree you will not post any copyrighted material without the express permission of the copyright holder, unless such copyright is owned by you or REBATES.
You hereby grant REBATES a perpetual, world-wide, royalty-free license to distribute, copy, adapt, reproduce, transmit and otherwise use content and information you post in our forums for any purpose and in any media now known or hereinafter developed. You expressly agree that we are free to use any ideas, concepts, know-how, or techniques contained in any posting or communication you send to us without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services using such information.
Advertisements, referral programs, chain letters, pyramid schemes, solicitations and links to on-line gambling sites are also inappropriate on REBATES forums. Any User who believes that a posted message is objectionable is encouraged to contact us immediately by clicking "alert moderator" next to any forum message. Upon receipt of such notification, we will make reasonable efforts to take such action as we deem necessary within a reasonable period of time. Since this is a manual process, you are advised that we may not be able to remove or edit particular messages immediately. REBATES reserves the right to delete any message for any reason whatsoever, at our sole discretion. You agree that you are solely responsible for the content of your messages, and that you will indemnify and hold harmless REBATES and their agents and employees with respect to any claim based upon the appearance and/or transmission of your message(s).
This site contains robot exclusion headers. Much of the information on Rebates.com is updated on a real time basis and is proprietary or is licensed to REBATES by our Users, Affiliate Stores, or third parties. You agree that you will not exceed the limited access to the Site granted to you or use any robot, spider, scraper or other automated means to access Rebates.com for any purpose without our express written permission. Additionally, you agree that you will not:
In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or REBATES has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, REBATES has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not REBATES, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. REBATES does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will REBATES be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
You acknowledge that REBATES may or may not pre-screen Content, but that REBATES and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Site. Without limiting the foregoing, REBATES and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by REBATES or submitted to REBATES, including without limitation information in REBATES Message Boards and in all other parts of the Service.
You acknowledge, consent and agree that REBATES may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
REBATES respects the intellectual property of others, and we ask our users to do the same. REBATES may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide REBATES's Copyright Agent the following information:
REBATES's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
Irvington LLC d.b.a Rebates.com 44 West Clinton Ave. Irvington NY 10533
As a User of Rebates.com, you have the ability to earn money in the form of automatic rebates, which are separate and apart from, and in addition to, any other discounts available through Rebates.com. ("REBATES Cash Back"). This section identifies the manner in which you may earn REBATES Cash Back, when you will be paid, what rights you have as a User to the REBATES Cash Back you have earned, and REBATES’ rights and responsibilities with respect to the REBATES Cash Back program.
1. Program Overview. The REBATES Cash Back rebates program (the "Program") allows Rebates.com Users to shop with REBATES’ participating stores, and earn REBATES Cash Back. The Program is free to Users, and is conferred as a benefit of registration with REBATES. You are under no obligation to participate or redeem your REBATES Cash Back.
As a User, REBATES Cash Back is automatically earned when you make a qualifying online purchase from a store participating in the Program (a "Participating Store") on our Stores page. Some Participating Stores may have special requirements to earn REBATES Cash Back. These requirements are listed on the store detail page under the "Stores" tab. Additionally, other links are provided near every offer or product to provide this information. Further, not all stores listed on our Stores page participate in the Program. Participating Store's have a Rebates.com Cash Back showin on the Store Detail page.
2. Eligibility. The Program is offered for purchases made through links on the Rebates.com website. You must have Internet access and a valid working e-mail address to receive the privileges of the Program. Further, participation in the Program is limited to individuals that are 18 years of age or older.
3. Earning REBATES Cash Back. To be eligible to receive REBATES Cash Back, you must make a qualifying purchase. Generally, in order to make a qualifying purchase, you must satisfy the following criteria:
Reasons why you will not earn REBATES Cash Back, include, but are not limited to, the following:
Determination of whether or not a purchase made through a Participating Store is a qualifying purchase is made at the discretion of Rebates.com.
Rebates.com is not responsible for tracking problems resulting from incorrect usage of the Rebates.com site, disabling cookies, computer issues resulting from unknown causes such as third-party software or other issues, store partner errors/omissions or from any other failure of tracking mechanisms.
Upon registration of your user name with Rebates.com, an account will be set up in your name for all REBATES Cash Back you earn. The appropriate REBATES Cash Back rebate will be posted to your account as "Reported" within thirty (30) days of the date on which a Participating Store reports your transaction to Rebates.com. For a period of ninety one (91) to one hundred twenty one (121) days thereafter, your account will refer to the REBATES Cash Back rebate as "Pending." This time period is in accordance with the Participating Store's right to reverse a transaction for return purposes. Once the participating store authorizes the payment of Rebates.com's commission in connection with a qualifying purchase made by you, we will credit your account with the applicable REBATES Cash Back. Your REBATES Cash Back earned will be identified as "Available," at which time you can request a payment redeeming your REBATES Cash Back. You can view your balance and history by clicking My Account in the upper right corner of any page.
4. Requesting Payment REBATES Cash Back. You may request to redeem your earned REBATES Cash Back designated as "Available" in your account. To receive REBATES Cash Back in an amount of $10.00 or less, you must have an account at PayPal, and request payment electronically. To receive REBATES Cash Back in an amount greater than $10.00, you may request to receive payment in redemption of your REBATES Cash Back either electronically through PayPal, or by standard check. The REBATES Cash Back will be distributed to the User within thirty (30) days of receipt of the User's request for payment. Rebates.com is not responsible for lost mail or any other event beyond the control of REBATES that would prevent a user from receiving their payment.
You are solely responsible for redeeming REBATES Cash Back. There is no automatic or periodic redemption.
5. Account Adjustments. REBATES Cash Back awarded to you is subject to adjustments for returns and cancellations, REBATES’ receipt of information and payments on such purchases/orders from Participating Stores, and other events. REBATES reserves the right to make adjustments to User's accounts at any time in accordance with this Agreement. If you disagree with any adjustments made to your account, your sole remedy is to discontinue use of Rebates.com.
REBATES is not responsible for changes to, or discontinuance of, any Participating Store, or any Participating Store's withdrawal from the Program, or for any effect on accrual of REBATES Cash Back caused by such changes, discontinuance or withdrawal.
6. Termination of Program. REBATES reserves the right to terminate the Program in whole or in part at any time with notice. In the event the Program is terminated, you will have sixty (60) days to redeem your REBATES Cash Back from the date notice is transmitted by REBATES to the email address specified in your account. Notification will be sent to the email address provided to REBATES during the registration process. REBATES will not be responsible for failing to notify you of Program termination where such failure is caused by an inaccurate email address, your failure to check email online, or your failure to inform REBATES of a change in your email address.
7. Member Responsibilities. 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. REBATES is entitled to act on instructions received under your username and password. REBATES is not responsible for any credits or debits made to your account by someone else who uses your username or password. REBATES will not be responsible for any losses or liabilities incurred through the use of your password by a third party.
You are also responsible for reviewing your account balance on a regular basis, and for checking to ensure that all REBATES Cash Back has been properly credited to your account. If a discrepancy occurs in your REBATES Cash Back account, such as a rebate not being credited to the account, then you must contact REBATES via our customer support link on the Site, within sixty (60) days of the purchase/order date from a Participating Store. If you fail to contact REBATES within that sixty (60) day period , such purchase/order shall be deemed to be accurate and you hereby waive any right to dispute said purchase/order.
8. General.
1. Use of Online Coupons. REBATES provides online coupons as a free service to its Users. REBATES is not responsible for the redemption, errors/omissions or expiration of online coupons and it is your responsibility to make sure that a discount, special pricing, or free offer is present in the checkout process of an Affiliate Store. All offers and promotions on this site are subject to change without notice. REBATES has no control over the legality of any coupons or other offers made by Affiliate Stores, the ability of any of the Affiliate Stores to complete the sales in accordance with the offers, or the quality of the goods offered by the Affiliate Stores. REBATES has no control over whether Affiliate Stores will honor the offers shown on Rebates.com, and does not guarantee the accuracy or completeness of the information contained on the website. In the event you have a dispute with an Affiliate Store in any way relating to the Rebates.com website or the use of information from the website, you agree to waive and release REBATES from any and all claims, demands, actions, damages (actual and consequential), losses, costs or expenses of every kind and nature, known and unknown, disclosed and undisclosed relating to that dispute.
2. DISCLAIMERS AND LIMITATIONS ON LIABILITY.
REBATES.COM IS BEING PROVIDED BY REBATES "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, REBATES DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO Rebates.com, 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. YOU AGREE THAT REBATES WILL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING OUT OF A DISPUTE BETWEEN YOU AND ANY AFFILIATED MERCHANT, AND YOU HEREBY EXPRESSLY WAIVE ANY SUCH CLAIM AGAINST REBATES AND ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, SUBSIDIARIES, AGENTS AND REPRESENTATIVES. REBATES DOES NOT MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING ANY GOODS OR SERVICES OFFERED OR PROVIDED BY AFFILIATE MERCHANTS OR SUPPLIERS. REBATES DOES NOT MAKE ANY REPRESENTATIONS THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND REBATES ASSUMES NO RESPONSIBILITY FOR ANY DAMAGE CAUSED BY YOUR ACCESS, OR INABILITY TO ACCESS, THIS SITE, INCLUDING, BUT NOT LIMITED TO, YOUR INABILITY TO RECEIVE REBATES CASH BACK BY PURCHASING ITEMS WITH A PARTICIPATING MERCHANT.IN NO EVENT SHALL REBATES 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 YOUR USE OF Rebates.com; ANY ACT OR OMISSION BY REBATES IN ADMINISTERING THE WEBSITE OR THE PROGRAM; OR THE PURCHASE OR USE OF ANY GOODS OR SERVICES OF MERCHANTS OR SUPPLIERS, EVEN IF REBATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL REBATES BE LIABLE TO YOU FOR DIRECT DAMAGES CAUSED BY REBATES IN EXCESS OF THE CASH BACK EARNED BY YOU DURING THE MOST RECENT SIX (6) MONTHS. SOME STATES DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD REBATES, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF Rebates.com, THE VIOLATION OF THESE TERMS AND CONDITIONS BY YOU, OR THE INFRINGEMENT BY YOU, OR ANY OTHER USER OF YOUR 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.
3. Amendment to Agreement. THE "TERMS AND CONDITIONS" SET FORTH WITHIN THIS AGREEMENT MAY CHANGE FROM TIME TO TIME; REBATES WILL POST THOSE CHANGES ON THIS PAGE. YOU CONSENT TO BE BOUND BY ALL THE SAID "TERMS AND CONDITIONS," INCLUDING ANY AND ALL UPDATES THERETO. REBATES WILL NOT BE RESPONSIBLE IF YOU DO NOT LEARN OF THE MODIFICATION. IT IS YOUR RESPONSIBILITY TO CHECK THIS PAGE OF THE Rebates.com SITE REGULARLY TO DETERMINE WHETHER THIS AGREEMENT HAS BEEN MODIFIED. IF YOU DO NOT AGREE TO ANY MODIFICATION OF THIS AGREEMENT, YOU MUST IMMEDIATELY TERMINATE YOUR USER NAME, PASSWORD AND REGISTRATION.
4. Compliance with Laws and Regulations. You agree to comply with all applicable laws, rules and regulations. You may participate in Rebates.com if and to the extent that such participation is permitted by such laws, rules and regulations. REBATES may refuse to enroll, restrict, modify or terminate your username, password and registration without liability to you or any other third party if you violate any law, rule or regulation, of if your participation could violate any law, rule or regulation.
5. Proprietary Rights to Content. You acknowledge that Rebates.com content, including but not limited to: text, sounds, photographs, graphics, or other material contained in any Rebates.com communication, advertisements or messages, whether by REBATES, Rebates.com or REBATES’ advertiser's or Affiliated Stores, service and software are protected by copyrights, trademarks, service marks, patents, and/or other proprietary rights and laws. You are only permitted to use content, service, or software as expressly authorized by REBATES, its advertisers and Affiliated Stores, as the case may be.
6. Termination of Agreement.
7. Notice. All REBATES notices will be given by email, postal mail, or by general posting to the Rebates.com website.
8. Waiver. REBATES’ failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
9. Choice of Law. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without reference to conflicts of law rules, and you consent to exclusive jurisdiction and venue in the courts located in the state of New York for all matters in connection with this Agreement or your use of Rebates.com.
10. REBATES reserves the right to terminate your user name, password and registration, if your account has been associated with any legally questionable activity.
11. Severability of Provisions. Any provision (or part thereof) of this Agreement which is found to be invalid, prohibited, or unenforceable, shall be ineffective only to the extent of such prohibition and unenforceable, without invalidating the remainder of the provision or the remaining provisions hereof. To the extent permitted by the applicable law, each of the parties hereto hereby waives any provision of law which prohibits or renders unenforceable any provisions hereof in any respect.