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Last updated on March 5, 2010
Overview
MoreRebates.com ("MoreRebates", "Site", "we", "our", or "us") provides a free service to its members ("Member(s)", "you" or "your") that allows Members to earn cash rebates for purchases of goods and services made at affiliated stores ("Affiliated Merchants") when those purchases are made through the MoreRebates Rebate Service ("Service"). Affiliated Merchants have agreed to pay MoreRebates certain affiliate or referral fees ("Commission") when Members purchase goods or services from Affiliated Merchants through MoreRebates. Once MoreRebates has received a Commission from an Affiliated Merchant for a purchase made by a Member as described herein, MoreRebates will track the portion of the Commission (the amount for each Affiliated Merchant varies and may be specified on the Site and is subject to change from time to time) you may be eligible for pursuant to this Member Agreement ("Rebate").
Please read and be certain you understand this Member Agreement because it contains details about the relationship between MoreRebates and Members relating to the Service and the Site. You agree to the terms and conditions outlined in this Member Agreement. This Member Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content and computer programs provided by or through the Site, and the subject matter of this Member Agreement. In order to become a Member, you must accept the terms of this Member Agreement, and by providing MoreRebates with your valid email address and creating a unique password and/or using this Site, you acknowledge that you have read and understand the Member Agreement and that you agree to be bound by all of its terms. If you do not agree to all of the terms of this Member Agreement, do not enroll in the Service and do not use the Site. MoreRebates reserves the right, at our discretion, to change, modify, add, or remove portions of this Member Agreement at any time without notice. Please check these terms periodically for changes. This Member Agreement will denote a date that it was last updated. Your continued use of MoreRebates following the posting of changes to the Member Agreement shall indicate your acceptance of all such changes.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed under "Limited Right to Use", is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through or obtained from the Site. The posting by us of information or materials on the Site does not constitute a waiver of any right in such information and materials.
Enrollment
Information Required. In order to be eligible for a Rebate for purchases made through MoreRebates from Affiliated Merchants, you must first generate a membership by providing your email address and creating a unique password. However, in order for MoreRebates to process Rebates, you will be required to provide additional truthful information including the following: your full legal name; your mailing address (including state and zip code); and your country of residence. Please review our privacy policy to see how we respect your personally identifiable information. You shall keep your information current. In the event that your information is not current at the time of payment, you may forfeit any Rebate to MoreRebates as described herein. Furthermore, MoreRebates is not responsible for any checks mailed to the wrong address due to you providing inaccurate information.
Security. Each Member is responsible for his/her own password, and we ask that you keep it safe and complex in order to safeguard your membership information. Passwords are set to lockout after no more than six (6) unsuccessful login attempts. MoreRebates shall not be responsible for any activity by someone who has accessed your membership using a valid username and password. If you feel that someone has accessed your membership information and/or log in, you should immediately change your password and notify us.
Member Obligations and Interactions
You represent and warrant that you have all rights and abilities to enter into this Member Agreement. You represent that you are a person of legal age in the state in which you live. You agree that it is your responsibility to keep your Member information current, complete and accurate by updating your information in the appropriate section of the Site. MoreRebates reserves the right to terminate any membership for abusive or fraudulent activity, if a Member is no longer reachable at the e-mail address provided, or if MoreRebates feels it is necessary in its sole discretion.
You may only maintain one membership; any additional or duplicate memberships will be subject to cancellation and removal.
You must be logged into MoreRebates with your applicable user name and password and transact with the Affiliated Merchant through our Site to potentially be eligible for a Rebate. Any transactions that are not recorded by an Affiliated Merchant as originating at MoreRebates will not be associated with your membership.
No automated processes including, but not limited to scripts and/or machines may be used to accumulate any Rebate. Each Member must be human and must make and pay for a real transaction (without returning the order or obtaining a refund) with one of our Affiliated Merchants through our site to qualify for a Rebate. If MoreRebates feels that a Member is abusing the Service or Site in any way or engaging in activity that may be fraudulent or not in good faith, such Member may be terminated from MoreRebates, and all Rebates accrued will be subject to immediate cancellation.
You will not permit any use of MoreRebates that would damage, interfere with or unreasonably overload our Service or Site or engage in any activity that is otherwise unlawful or non-bonafide.
The Service is only available via the MoreRebates website located at http://www.MoreRebates.com. You must have Internet access to use the Service. MoreRebates is not responsible for your inability to connect to the Internet, and/or log into the MoreRebates website.
The Rebate will be, with respect to any net purchase that is a Qualified Transaction (defined below) made with a particular Affiliate Merchant on our Site, that percentage or a portion of that percentage of Commission specified by MoreRebates with respect to such net purchase that is a Qualified Transaction. The net purchase is defined as the total amount paid to the Affiliated Merchant minus tax, gift wrapping, shipping, promotional credits, returns, cancellations, and any additional fees and/or transaction fees or as the Affiliated Merchant may define on its website and as may be enumerated in its respective Affiliate Membership and/or Operating Agreement document. What constitutes net purchases and Qualified Transactions shall be solely determined by us. All Affiliated Merchant Membership and/or Operating Agreements as they relate to their affiliate or partner programs with MoreRebates and which may reside on the Affiliated Merchants' websites are hereby incorporated into this Member Agreement by reference, as applicable and determined by us. The Commission may change from time to time, but no change will affect any Rebate earned prior to such change.
A "Qualified Transaction" is defined as occurring only if all of the following criteria are satisfied: (1) "Cookies", both first and third party (if applicable), are enabled on your web browser; (2) the potential Qualified Transaction begins by a click by a human on the Affiliated Merchant's link that appears on the MoreRebates website and he/she is successfully connected to the Affiliated Merchant's website based upon that click; and (3) a purchase (which does not result in a return or a request for refund) is made in compliance with this paragraph and this Member Agreement. MoreRebates may, at all times, route your request for a merchant site through specific links, especially in order to assure that the sale can be tracked correctly. Any alteration of links will invalidate the transaction, which will not be deemed a Qualified Transaction and not be eligible for a Rebate. All purchases must be started and completed in one shopping session (one visit to the Site) within the MoreRebates shopping program. If you start a purchase, then complete it in a different session, you will be ineligible for any Rebate and it will not be considered a Qualified Transaction. Any transaction that MoreRebates does not receive full credit or payment for will not result in an eligible Rebate for your membership. The determination of whether or not a purchase made through a MoreRebates Affiliated Merchant is a "Qualified Transaction" is at the sole discretion of MoreRebates.
Rebates are subject to adjustments for returns, cancellations, and other events as determined by us. Adjustments can be made at any time by MoreRebates at its sole discretion. Should you disagree with any adjustments or Rebates, your sole remedy is to withdraw from the Service and terminate your membership.
You may be taxed on Rebate payments. In all instances, you will be solely responsible for any and all tax liability arising out of your usage of the Service.
Some actions are not eligible for a Rebate. Examples may include, without limitation, any transaction that is substantially completed by telephone, purchases that are picked up at a warehouse or a store location, or certain services or goods specified by Affiliated Merchants. Prescriptions from all merchants are not eligible for a Rebate. Monthly and other "by calendar" programs, such as Wine-of-the- month clubs, are not eligible for a Rebate unless all months or other relevant time periods are paid for up front in their entirety through More Rebates. Gift Certificates purchased with our Affiliated Merchants do not qualify for any Rebate unless specifically stated. Other actions not eligible for Rebates may apply that are not described herein.
It is your responsibility to check your MoreRebates membership regularly to ensure that applicable Rebates have been properly associated with your membership. In most cases, Rebates will be posted within 7 business days. However, some online stores wait up to 30 days to inform us that Members have made a purchase on their site, and it may take up to 60 days before you see a Rebate posted. If you feel that a Rebate has not been accurately associated with your membership, it is your responsibility to contact MoreRebates within 60 days of completing a net purchase, Qualifying Transaction. We may require you to send us a copy of the electronic purchase receipt and/or other evidence along with your inquiry so that we may investigate the issue. Necessary adjustments may be applied to Rebates at any time by MoreRebates at its sole discretion. If you do not agree to such adjustments, your only recourse will be to terminate your membership.
MoreRebates is not responsible for changes to, or discontinuance of, any Affiliated Merchant, or any Affiliated Merchant withdrawal from the Service or failure to pay Commission, or for any effect on any potential Rebate caused by such changes, discontinuance, or withdrawal. MoreRebates is not responsible for changes to, or discontinuance of, any special offer or coupon code. It is the Member's responsibility to confirm all specials are valid. If you choose to use coupons and specials that are not listed on the MoreRebates site, we cannot guarantee that you will be eligible to receive a MoreRebates refund or Rebate on your purchases.
In addition to any Rebate paid out by MoreRebates for any Qualified Transaction made by a Member, MoreRebates may post special coupon codes or promotional offers such as free shipping for the convenience of MoreRebates' Members. MoreRebates is not responsible for invalid coupons, expired coupons or outdated promotions. MoreRebates is not responsible for compensating a customer who fails to properly enter a coupon code. MoreRebates shall not be responsible for any products, services, offers or promotions offered by any Affiliated Merchants.
Payment
We never fund a membership nor hold money for Members. You are unable to withdraw money from a membership and/or fund a membership.
Eligible and approved payments will be made in US dollars to Members on or around the 15th of each month via check or alternative payment methodologies in which MoreRebates chooses to participate. A member must reach a minimum threshold of $25 USD in accrued Rebates at each payment period in order to be eligible for payout by MoreRebates. A Member will have no right to payment should the minimum threshold indicated above not be met. In the event the Site and/or Service is no longer available and/or owned or managed by us, and at such time a minimum threshold Rebate of $25 USD has not been accrued by you, your membership may be subject to dormancy and other fees, and the Site may not pay the less than $25 USD Rebate to you. In order for an accrued Rebate to be eligible for payment on the above dates, the Qualified Transaction must occur at least 60 days prior to the payment date.
In the event that your information is not current at the time of payment, and this causes you to not receive your Rebate, you may forfeit any accrued Rebate to MoreRebates. Memberships without activity for a period of twelve (12) months or more may be subject to cancellation and dormancy fees.
Non-Transferability
No Rebate that is earned under the Service may be assigned or transferred to any third party except as expressly permitted in writing by a MoreRebates authorized representative. The sale or barter of any such Rebate earned by you, other than by MoreRebates, is expressly prohibited. Any Rebate that is assigned, sold, or otherwise transferred in violation of these terms may be confiscated or canceled. Any Member who violates these terms is subject to membership termination, cancellation of Rebates, and/or liability for damages and transaction costs.
Disclosure of Membership Information
You authorize MoreRebates to disclose to third parties information you have provided, or information that MoreRebates has obtained about your MoreRebates membership or shopping behavior, including, but not limited to: (i) to agents of MoreRebates and/or its affiliates, such as independent auditors, consultants or attorneys; (ii) to comply with government agency or court orders or requests; (iii) in providing marketing services; and (iv) where it is necessary for redemption or transfer of Rebates. Further, you authorize MoreRebates to receive any information from any Affiliate Merchant including, but not limited to: information regarding purchases such as the products ordered, the order number, the time and date the Qualified Transaction occurred, and the email address entered for the Qualified Transaction. You agree to hold us and the Affiliated Merchant(s) harmless for any information disclosed to and/or by MoreRebates.
By signing up to be a Member with us, you agree to receive emails from us regarding your membership, events, and offers.
Disclaimer
THE MOREREBATES SERVICE IS BEING PROVIDED TO MEMBER "AS IS" WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOREREBATES DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE OR SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
MOREREBATES 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 AFFILIATED MERCHANTS OR SUPPLIERS IN CONJUNCTION WITH THE SERVICE AND SITE. IN ADDITION, ALTHOUGH MOREREBATES INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE MOREREBATES WEB SITE, MOREREBATES DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS THAT THIS SITE IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, MOREREBATES DOES NOT WARRANT THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND MOREREBATES 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 REBATES.
Limitation of Liability
IN NO EVENT WILL ANY OTHER COMPANY WITH WHICH MOREREBATES HAS A RELATIONSHIP (EACH A "CORPORATE PARTICIPANT") BE LIABLE TO YOU FOR NON-PERFORMANCE OF MOREREBATES OBLIGATIONS. YOU AGREE NOT TO SUE ANY CORPORATE PARTICIPANT FOR NON-PERFORMANCE BY MOREREBATES. IN NO EVENT SHALL MOREREBATES 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 OR SITE; (II) ANY FAILURE, DELAY, OR DECISION BY MOREREBATES IN ADMINISTERING THE SERVICE OR SITE; (III) THE USE OR INABILITY TO USE THIS SITE; OR (IV) THE PURCHASE OR USE OF ANY MERCHANDISE, PRODUCTS, OR SERVICES OF MERCHANTS OR SUPPLIERS, EVEN IF MOREREBATES, 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.
MEMBER AGREES TO INDEMNIFY AND HOLD MOREREBATES, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS 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 SERVICE OR SITE, THE VIOLATION OF THIS AGREEMENT BY MEMBER, OR THE INFRINGEMENT BY MEMBER, OR OTHER USER OF THE SERVICE USING THE MEMBER'S INFORMATION, 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.
Termination or Changes
MoreRebates reserves the right to terminate your membership at any time without notice. MoreRebates may terminate and/or suspend any program, the Service and/or Site at any time.
MoreRebates may modify this Member Agreement from time to time, with or without notice, and your continued participation in the Service and Site or membership after such modification shall be deemed to be your acceptance of any such modification. It is your responsibility to check the Member Agreement page of the MoreRebates website regularly to determine whether this Agreement has been modified. If you do not agree to any modification of this Agreement, you must immediately cease participation in the Service and Site and terminate your membership.
Disputes or Errors
All questions or disputes regarding your interaction with us and the Service, including without limitation, questions or disputes regarding eligibility for membership, or the eligibility of any Rebate, must be submitted in writing to MoreRebates at: Customer Service, 222 E. Huntington Drive, Suite 105 Monrovia, CA 91016, or use the Contact Us link provided on the MoreRebates.com website. Any such disputes shall be resolved by MoreRebates at its sole discretion. All interpretations of this Member Agreement shall be at the sole discretion of MoreRebates.
Miscellaneous
The language in this Member Agreement shall be interpreted as to its fair meaning and not strictly for or against you or us. You expressly submit to the laws, exclusive personal jurisdiction and venue of Los Angeles, California. Should any part of this Member Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Member Agreement, this Member Agreement shall take precedence. Our failure to enforce any provision of this Member Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
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