Terms and Conditions
1. Acknowledgment and Agreement
YOU HEREBY REPRESENT AND WARRANT TO US THAT (A) YOU ARE 18 YEARS OF AGE OR OLDER, (B) YOU WILL PROVIDE TRUE, ACCURATE, CURRENT, AND COMPLETE INFORMATION (INCLUDING AN ACCURATE EMAIL ADDRESS OR ALTERNATE MEANS OF CONTACTING YOU) IN YOUR REGISTRATION FOR THE SERVICE, AND (C) THAT YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
2. Description of Service
New customers may receive an incentive for activating an account with us. As an account holder, you are entitled to access rebate offers and/or other benefits on certain products and services offered by third party e-commerce companies ("Affiliates"), as explained in the program materials or on the program website. Some benefits may not be available in your area. Please see your program materials and/or program website for details and limitations. We reserve the right to suspend or end the program or certain aspects thereof, without prior notice, in our sole discretion. We also reserve the right to suspend or end certain aspects of the program in certain geographic areas, without prior notice, in our sole discretion. We reserve the right to request additional information, or to cancel any account.
Cash Back Rewards
Participating in the Service is personal to you, the account holder. Attempts to acquire monetary benefits from RebateGiant by use of automated or computerized process or through use of multiple accounts are strictly prohibited. Manipulation of the system may result in account cancellation and forfeiture of all earned cash back. RebateGiant reserves the right to pursue such remedies to the fullest extent of the law.
Cash back rewards received through the Service cannot be transferred or assigned to any third party, unless permitted expressly in writing by RebateGiant. Any sale, transfer, exchange, lending, pooling or bartering of cash back rewards, except by RebateGiant, is prohibited. Any cash back reward assigned, sold or otherwise transferred is in violation of these Terms and Conditions and may be confiscated or canceled. Violation of these restrictions is grounds for termination of your account and forfeiture of all cash back rewards.
As an account holder, you are credited a percentage of the net purchases made at Affiliate websites. "Net purchase" is the total amount paid to the Affiliate store minus any tax, gift wrapping, shipping, promotional credit, returns, cancellations and transaction fees or as specified on the Affiliate website. Cash back restrictions may apply to certain Affiliates.
Purchases made by you through RebateGiant Affiliates are Qualified Purchases", and will earn cash back subject to the following criteria: You must enable cookies on your web browser. All Qualified Purchases must start by clicking the RebateGiant link and successfully connecting to the Affiliate website, without any alteration of the link. Qualified Purchases must be completed in a single shopping session via the RebateGiant link to the Affiliate website. Only coupon codes provided through RebateGiant and not supplied by any other party can be applied to the purchase.
We reserve the right to determine whether or not a purchase made through an Affiliate is a "Qualified Purchase". All cash back rewards are subject to review. Adjustments may be applied to your account if needed at our sole discretion. The only remedy for not agreeing to adjustments made to your account is to cancel your RebateGiant account. We reserve the right to terminate any account for fraudulent or abusive activity, or if you are no longer reachable at the email address you provided to us.
If a transaction is not reported to RebateGiant by an Affiliate, or if for any reason the Affiliate withholds payment to RebateGiant for a specific transaction, we reserve the right to cancel the cash back reward associated with that transaction. Cash back rewards are subject to adjustments for returns, cancellations and other occurrences. Such adjustments can be applied to your account at our sole discretion. If you do not agree with any adjustments made to your account your only recourse is to cancel your RebateGiant account.
Federal, state and local taxes may apply on your accrual of cash back rewards depending on how much is accrued and tax law of your jurisdiction. You will be solely responsible for any and all tax liability arising out of your accrual or redemption of cash back rewards.
Any Affiliate changes to, discontinuance of or withdrawal from the Service, or any effect on accrual of cash back rewards resulting from such changes, discontinuance or withdrawal is not the responsibility of RebateGiant. Any changes to, or discontinuance of, any special offer or coupon code at an Affiliate website is not the responsibility of RebateGiant. It is your responsibility to make sure that the offer or code is valid. Purchases made using offers and codes not listed on the RebateGiant website do not guarantee eligibility for RebateGiant cash back reward.
Monies earned through the Refer A Friend referral program will be paid in addition to cash back earnings. RebateGiant reserves the right to terminate the program, change the percentages paid to you or otherwise modify the program at any time at its sole discretion, with or without notice. In that event, all accrued earnings will be paid in full.
With a RebateGiant account, you are paid for cash back and other cash rewards quarterly. Each payment is based on cash back accruals credited during the previous quarter. A minimum of $25 cash back must be accrued to receive payment either by automatic quarterly payouts or by payment request through the appropriate mechanism once per quarter on the website. Accrual balances below $25 will be carried over into the next quarter. Sign up and Refer A Friend bonuses are not counted toward the $25 minimum cash back accrual. Note that some Affiliate payment policies delay our ability to pay account holders cash back. We reserve the right to delay payment based on changes to Affiliate return and commission policies at any time. An account that has not been active (meaning account holder has not logged in using a valid email address) within a 90-day period is deemed inactive. RebateGiant will make reasonable attempts to notify the account holder of the account inactivity by sending email reminders to account holder to the email address of record. If the account remains inactive for 30 days after the 90 day inactive period, then the account and any remaining balance it contains will be forfeited by the account holder and the account may be cancelled by RebateGiant.
You are responsible to keep your account information current in order to process cash back reward payments. If your account information is not current at the time of payment, you forfeit all accrued cash back earnings to RebateGiant. RebateGiant is not responsible for any misapplied payments due to errors caused by inaccurate email or contact information you provided. RebateGiant is not liable for errors made by PayPal or other payment partner in applying your payment, but will work hard to resolve the issue should this occur.
You are responsible to regularly check the accuracy of your cash back rewards and account balance. If you believe a cash back reward has not been properly credited to your account, you must inform RebateGiant within 60 days of the transaction.
You authorize RebateGiant to disclose only information you have provided, or information that RebateGiant has obtained about your RebateGiant account or shopping behavior to third parties: (i) to licensors, agents, or affiliates of RebateGiant including independent auditors, consultants or attorneys; (ii) to comply with government or court orders or requests; (iii) in providing aggregated and anonymous marketing services for an advertising or store partner; or (iv) where it is necessary for redemption or transfer of your cash back rewards. You authorize RebateGiant to receive from any Affiliate store any account information including, but not limited to information relating to 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 harmless the participating Affiliate for any information disclosed to RebateGiant. You authorize RebateGiant to collect and use anonymous marketing information relating to visits and purchases made on Internet commerce websites.
3. Payment Terms
Payment terms (if applicable) are as specified in the Terms of Offer. Payment terms (including the amount of fees) may be updated by us from time to time.
The term of this Agreement will be for such period of time until the Service is canceled. You may terminate your account and this Service at any time without further obligation. To cancel, call toll-free 1-888-228-5348 (Premium accounts) or 1-866-587-1008 (Free accounts). If you have more than one account, each must be canceled separately.
You agree to indemnify, defend, and hold us harmless as well as any parent company, subsidiaries, affiliates, owners, managers, officers, employees, agents and assigns, against liability related to any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of any alleged violation of these Terms and Conditions by you, or any alleged violation by you of any rights of others.
6. Disclaimer of Warranties and Liability
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE ASSUME NO RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY INFORMATION OR OFFERS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THIS WEBSITE. NEITHER THESE TERMS AND CONDITIONS NOR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE. WE AND ANY PARENT COMPANY, SUBSIDIARIES, AFFILIATES, OWNERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AND ASSIGNS, SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES OR LEGAL THEORIES WHATSOEVER, FOR ANY LOSS OF BUSINESS, PROFITS, OR GOODWILL, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY CHARACTER, EVEN IF WE ARE AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT IN ANY WAY FROM YOUR USE OF OR INABILITY TO USE THIS SERVICE. OUR LIABILITY TO YOU SHALL NOT, FOR ANY REASON, EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO US UNDER THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIABILITIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
7. Force Majeure
Neither party shall be liable to the other for any delay or failure in performance under these Terms and Conditions resulting directly or indirectly from acts of nature or causes beyond its reasonable control.
8. Entire Agreement
These Terms and Conditions constitute the entire agreement between the parties with respect to the Service and supersede all previous agreements, both oral and written, representations, writings and all other communications between the parties.
These Terms and Conditions and the relationship between the parties shall be governed by the laws of the state of Florida. Our failure to exercise or enforce any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of these Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or to these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect.
Arbitration Provision: All parties and/or users agreeing to these Terms and Conditions agree that any and all disputes, causes of actions or claims arising out of, in connection with or in any way related to this Agreement, or the products or services associated with this Agreement, shall be fully and finally settled in binding arbitration proceedings under the Rules of Arbitration of the American Arbitration Association in force at the time this Agreement is entered, by one arbitrator appointed in accordance with said Rules, with the specification that any such arbitral award shall be enforceable by any court having jurisdiction thereof. All parties seeking relief are to be bound by this arbitration provision as the sole method to determine any disputes arising from, in connection with, or related to this Agreement, including any actions to enforce or interpret this Agreement. Exceptions: You and we agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy or unauthorized use; and (3) any claim for injunctive relief. The arbitration shall be construed in accordance with the applicable laws of the state of Florida or the American Arbitration Association. All Arbitration proceedings shall be held in Ft. Lauderdale, Florida.
All parties and/or users agreeing to these Terms and Conditions agree that any and all disputes arising out of, in connection with or in any way related to this Agreement, or the products or services associated with this Agreement, shall be limited as to discoverable information which is requested pursuant to a subpoena, arbitration, discovery, or any other legal proceeding, by the following:
- All relevant and discoverable information or data (in any form) shall be strictly limited to the dates of use by the user of the products and services offered hereunder who is requesting any such information. No discovery, including eDiscovery, shall be provided for timeframes outside the timeframe of use of the requesting party, and shall be limited to information or data that is reasonably accessible to company. All parties and users agree that these limitations are reasonable.
- All relevant and discoverable information or data (in any form) requested for such applicable dates shall be provided in the format in which it is stored or archived, and shall not be required to be provided in any other format, and no reports of any kind not used regularly in the course of business shall be requested or created/produced.
- The company may request that parties and/or users cooperate in good faith regarding formulation of appropriate search terms and protocols in advance of any information or data search, including pre-search formulating of search terms, including semantic synonyms, search protocols, and post-search error sampling. Any production shall then be provided referencing such agreed protocols in lieu of individual discovery request responses.
Last Updated: June 17, 2014