The Service resides at the website RebateGiant.com (which may be referred to herein as "RebateGiant, " "RG," "we," or "us").
DESCRIPTION OF OFFERED SERVICES
The Services are provided on an AS IS and AS AVAILABLE basis. We disclaim any and all responsibility and liability for the availability, timeliness, security or reliability of the Services which are made available to you.
RebateGiant offers registered consumers money-saving deals from top brand providers including cash back rebates, discount coupons, special promotions and free shipping. With offers from over 1,700 online retailers, consumers can find bargains in nearly every category such as apparel, travel, electronics, health, fitness, home, garden, real estate and much more.
RebateGiant website is the portal used by consumers to take advantage of money-saving deals from over 1,700 top brand providers. The website features look up by Store, Category, Coupon and also access to Users’ Accounts, Help Section and Support.
SERVICES, FEES, TERMINATION
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. We reserve the right to modify, refuse, suspend or discontinue the Services with or without notice at any time, for any reason, and without any liability. We may also impose limits on certain features or restrict your access to parts or all of the Services without notice or liability. Terms related to payment of fees (if any) are specified in the Terms of Offer if applicable and may be updated by us from time to time. PLEASE SEE OTHER DISCLAIMERS BELOW.
Creating your Account. When you complete the registration process, and/or click the “Download” button for any of our Services, you create an account and agree to be bound by this TOU. If you do so on behalf of an entity of any kind, you are representing and warranting that you have the authority to accept this TOU on behalf of the entity, and the authority to bind the entity to this TOU. Your account allows you to participate in certain activities on the website. To create an account, you must select a login name and password. You agree not to use a login name that is used by someone else, and your login name cannot be vulgar, or otherwise offensive, or be used in any way that violates the TOU. You agree not to provide false information during the registration process. You are solely responsible for all activity on your account and for the security of your computer system and/or related system and agree to keep this information secret. DO NOT reveal or share your login name or password to other users. You agree to indemnify and hold us harmless for any improper or illegal use of your account. This includes illegal or improper use by someone to whom you have given permission to use your account. Your account is at risk if you let someone use it inappropriately and your account and your usage of any of our Services is subject to termination if you or anyone using your account violates the TOU. If you believe your account has been accessed without your authorization, you must notify us immediately by contacting Customer Services.
Cancelling your Account. You can cancel your account at any time by calling our Customer Services 24/7 toll free at 1-888-228-5348 (Premium accounts) or 1-866-587-1008 (Free accounts).
You consent that we may provide you with required notices, benefits and other account information through electronic disclosure via email and postings on our website, or at the email address provided at the time of sign up (or as amended at our website by you from time to time). Information regarding fees and other billing information for premium accounts is published in the account and/or support pages on this site, as well as in the Terms and Conditions and/or Terms of Offer sections on this site.
Third Party Links. We may provide links to other websites. Some of these websites may charge separate fees, which are not included in any subscription or other fees that you may pay to us. We may also provide access to or through third-party vendors, who provide content, goods and or services. Any separate charges or obligations you incur in your dealings with these third parties are your sole responsibility. You understand and acknowledge that we have no control over the content, goods, services or fees of any third party website or vendor.
Termination. We and you both have the right to terminate or cancel your account at any time. You understand and agree that the cancellation of your account and discontinuing use of our Services is your sole right and remedy with respect to any dispute with us. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this TOU or our enforcement or application of this TOU; (2) the content available through this site or any change in such content; (3) your ability to access and/or use this site; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.
INTELLECTUAL PROPERTY RIGHTS/LICENSE
Copyright Notice. © RebateGiant.com, 2014. All rights reserved.
Note: As used below the terms “you” and “your” also includes persons you authorize to access the Services and/or Intellectual Property.
The Service is provided and operated by us. The Services, and all materials accessible through the Services, including websites, website content, and information, graphics, code, images, text, illustrations, logos, audio and video files (collectively "Intellectual Property"), are protected by copyrights, trademarks, service marks, or other proprietary rights owned or licensed by us. The RebateGiant products are protected by Copyright and Trademark law.The compilation (meaning the collection, arrangement, and assembly) of all materials related to the Services is our exclusive property and is protected by U.S. and foreign laws and international copyright treaties. Material related to the Services may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way by you. Use or modification of our Intellectual Property in any form, including but not limited to use on or links from any other website or networked computer environment, without express written authorization is a violation of our copyrights and other proprietary rights and is strictly prohibited. Any copies of documents contained on this website or portions thereof that you make must include the above copyright notice.
Documents published on this website may contain other proprietary notices or describe products, services, processes or technologies owned by us or by third parties. Except as expressly set forth herein, nothing contained herein shall be construed as us granting to the user a license under any copyright, trademark, patent or other intellectual property right of ours or any third party. Except as expressly granted to you under this TOU, all rights are reserved by us;
You may not link to this website, without prior consent from us, which consent may be withdrawn by us at any time, with or without notice, in our sole discretion.
DMCA Claims. You may notify us if your work has been copied in a way that you believe constitutes copyright infringement. In compliance with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2), we have designated a Copyright Agent to receive any such notification. Our Copyright Agent may be contacted at:
Designated Agent for DMCA Notices
c/o Walter Messick, Esq.
Galvan Messick, LLP
1900 Corporate Blvd, Suite 101 West
Boca Raton, FL 33431
If you wish to notify our Copyright Agent of a claim of copyright infringement and submit a DMCA notification, please provide written notice. Your notice must contain the following information:
- A physical or electronic signature of the person authorized to act on behalf the copyright owner;
- Identification or description of the copyrighted work you claim has been infringed and ownership information;
- Identification or description of the work you believe is infringing on your copyrighted work and enough information to assist us in locating the allegedly infringing work, including URL, link, web address, and any other identifying information;
- Your name address, telephone number, and email address;
- A statement and assertion that you have a good faith belief that the use by the person you believe has infringed on your copyright is not authorized by the copyright owner, its agent, or the law; and
- Your statement, made under penalty of perjury, that the information contained in your notification is accurate, and that you are the copyright owner or are authorized to act on the owner's behalf.
Trademarks. "RebateGiant", "RG", and other marks, logos, and service names are our trademarks, trade names and/or trade dress or the trademarks, trade names and/or trade dress of our affiliates. None of our trademarks or our affiliates' trademarks may be used in connection with any product or service that is not ours or our affiliates', in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits us, or our affiliates. All other trademarks viewable from a search performed using the Service are the trademarks and/or registered trademarks of their respective owners.
License Granted. Subject to your compliance with all the terms and conditions of this TOU, and in consideration of your promises reflected in this TOU, we grant to you a limited license to make use of the Services. This license expressly excludes, without limitation, any resale, or modification of the Services or any portion thereof and making any derivative works based upon or distributing or copying the Services, except as expressly permitted hereunder. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of us and our affiliates without our express written consent. You may not use any Meta tags or any other "hidden text" utilizing our name or trademarks or those of our affiliates without our express written consent or that of our affiliates. Any unauthorized use terminates the permission or license granted by us in this paragraph. In addition, the license is subject to the following:
- The materials provided herein are for personal, non-commercial use only;
- Any copies of documents contained on this website or portions thereof that you make must include the above copyright notice;
- Documents published on this website may contain other proprietary notices or describe products, services, processes or technologies owned by us or by third parties. Except as expressly set forth herein, nothing contained herein shall be construed as us granting to the user a license under any copyright, trademark, patent or other intellectual property right of ours or any third party. Except as expressly granted to you under this TOU, all rights are reserved by us;
- You may not link to this website, without prior consent from us, which consent may be withdrawn by us at any time, with or without notice, in our sole discretion; and
ACCEPTABLE USE POLICY
ILLEGAL, UNAUTHORIZED, OR FRAUDULENT CONTENT OR ACTIVITIES
This Section defines the Acceptable Use Policy ("Policy") relating to the Service. You are responsible for continual compliance with this Policy. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations. We take no responsibility for third party content, nor do we have any obligation to monitor such third party content. Nonetheless, we reserve the right to monitor use of our Services and content at any time for any reason. We will not be responsible or liable for the exercise or non-exercise of your rights under this TOU. Further, we reserve the right to remove objectionable or personally identifiable information if we find that it violates our Acceptable Use Policy.
Any of the following, without limitation, would be a violation of the TOU and our policies and guidelines, and upon our determination, in our sole discretion, that you have engaged in any of the following, we shall terminate your access to the Service without notice, and to the extent applicable, we may remove, or disable access to, any material that is in violation of the following or claimed to be infringing or to be the subject of infringing activity without notice to you or recourse by you. Indirect or attempted violations of this Policy using your account, and actual or attempted violations by a third party on behalf of you, shall be considered violations of this Policy by you.
You MAY NOT use the Services to back up, create, share, submit, transmit, distribute, receive, provide access to or store any files, data information or material that:
- Violates a trademark, copyright, trade secret or other intellectual property rights of others or impersonates or misrepresents your affiliation with another person or entity
- Defames or violates the privacy, publicity or other personal rights of others
- Impairs the privacy of communications, accesses, scans, probes the system or network
- Contains obscene, offensive, illegal, indecent or inappropriate content or pornography
- Is fraudulent or misleading, deceptive or contains false source-identifying information, spoofing or phishing
- Breaches or circumvents security or authentication controls, or attempts to do so
- Disrupts or interferes with our functions, networks, websites, or content, including overloading, viruses, planting malware or other system or network damaging activity
- May be considered threatening, abusive or hateful or promoting such views or behaviors
- Violates export control laws or regulations
- Accesses or searches our network, systems or Services by any means other than publicly supported interfaces, including scraping
- Encourages conduct that would constitute a criminal offense or give rise to civil liability
- Causes technical disturbances to the Service, including, but not limited to, adware, spyware, introduction of viruses, worms or other destructive elements
- Assists or permits any persons in engaging in any of the activities described above
- Involves deceptive or unsolicited on-line marketing, advertisements, spam or promotions
- Violates the law, including any state, federal or governmental regulation, in any manner
If you become aware of any such activities, you are obligated to immediately notify us.
Upon our determination, in our sole discretion, that you have violated our Acceptable Use Policy, we shall terminate your access to the Service without notice, and to the extent applicable, remove, or disable access to, any material that is in violation or claimed to be infringing or to be the subject of infringing activity.
You expressly represent, warrant and covenant that you shall not upload, post or transmit to or distribute or otherwise publish through the Service any materials which (i) restrict or inhibit any other user from using and enjoying the Service, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, or (vi) constitute or contain false or misleading indications of origin or statements of fact.
We may report any activity, backup, storage, distributions or other activity we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. To cooperate with governmental requests, to protect our systems and users, to ensure the integrity and operation of our business and systems, or in response to subpoenas, court orders, or legal requirements, we may access and disclose any information we consider necessary or appropriate, including your contact details, IP addressing and traffic information, posted content, and web usage paths and may retain such information for appropriate law enforcement officials other third party enforcement personnel to the extent permitted by applicable federal, state and local laws. By using the Service you expressly consent to the foregoing use and disclosure and agree to hold us and our affiliates harmless for any such actions.
You agree to indemnify, defend and hold us harmless- as well as our parent company, subsidiaries, affiliates (-and each of our or their officers, directors, managers, employees, agents, representatives, information providers and licensors) against liability related to any claims, costs, losses, damages (actual and consequential), judgments, limitation costs and expenses, demands, including but not limited to reasonable attorney's fees, arising from or in any way related to any alleged violation of this TOU by you, use of the Services by any other person through you or using your computer or account or license, claims by third parties related to your use of the Services or in connection with your transmission of any content on or through the Service. This Section shall survive termination of this TOU.
YOU ARE USING THE SERVICES AT YOUR OWN SOLE RISK AND WE ARE UNDER NO OBLIGATION TO PROVIDE YOU WITH ANY SUPPORT, ERROR CORRECTIONS, UPDATES, UPGRADES AND/OR ENHANCEMENTS OF THE SERVICE.
YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. THE USER OF THIS WEBSITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE, THE SERVICES AND THE INTERNET GENERALLY.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE AND OUR AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR OWNERS, OFFICERS, MANAGERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES REPRESENT OR WARRANT (I) THAT THE SERVICES OR INFORMATION OR CONTENT PROVIDED THROUGH THE SERVICES WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS OR MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE, OR FAULT-FREE; (II) THAT THE SERVICES WILL BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, OR SECURE; (III) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES WILL BE FREE FROM VIRUSES, "WORMS," "TROJAN HORSES" OR OTHER HARMFUL PROPERTIES; (IV) THAT THE SERVICES ARE NONINFRINGING. WE AND OUR AFFILIATES HEREBY DISCLAIM, AND YOU HEREBY WAIVE AND RELEASE US AND OUR AFFILIATES FROM, ANY AND ALL OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS OR REMEDIES IN CONTRACT OR TORT ARISING OUT OF OR IN CONNECTION WITH THIS TOU OR THE SERVICES.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR AFFILIATES, OR ANY OF OUR OR THEIR OWNERS, OFFICERS, MANAGERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL (INCLUDING LOSS OF PROFITS, BUSINESS, DATA, OR USE), PUNITIVE, EXEMPLARY OR OTHER DAMAGES (REGARDLESS OF THE FORM OF ACTION OR LEGAL THEORY), OR WHETHER WE HAVE BEEN WARNED OR INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR WHETHER A REMEDY FAILS OF ITS ESSENTIAL PURPOSE, INCLUDING WITHOUT LIMITATION ANY SUCH ACTION ARISING OUT OF (I) USE OF THE SERVICES BY ANY PERSON, INCLUDING BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY INFORMATION, (II) ANY USE OR INABILITY TO USE THE SERVICE FOR WHATEVER REASON, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED THROUGH THE SERVICE, OR (III) ANY GOODS OR SERVICES DISCUSSED, PURCHASED, OBTAINED, OR PARTICIPATED IN, DIRECTLY OR INDIRECTLY, THROUGH THE SERVICES, IN EACH CASE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT SOME REMEDY IS REQUIRED BY APPLICABLE LAW WITH RESPECT YOUR USE OF THE SERVICES, YOUR EXCLUSIVE REMEDY REGARDING THE SERVICES SHALL BE THE REPLACEMENT OF ANY SUCH SERVICES OR COMPONENT OF THE SERVICES FOUND TO BE DEFECTIVE. IN NO EVENT SHALL OUR CUMULATIVE LIABILITY OR OUR AFFILIATES' CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS OF DIRECT DAMAGES RELATING TO THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID FOR USE OF THE SERVICES DURING THE ONE-YEAR PERIOD PRECEDING THE CLAIM.
By accessing or using the Service(s), You:
- agree that the substantive laws of the state of Florida, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this TOU;
- agree that you may not assign any or all of your rights and obligations under this TOU without our prior written consent, which may be withheld in our sole discretion.
- agree that all provisions of this TOU relating to ownership of intellectual property and proprietary rights, warranty disclaimers, limitation of liability, and indemnification shall survive the termination of your use or access to the website, for whatever reason;
- agree that nothing in this TOU shall be deemed to convey any third party rights or benefits;
- agree that except as otherwise required by law (in which case Florida statutes of limitation shall apply), the arbitration of any cause of action or claim you may have with respect to the Service, this TOU or this website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred;
- agree that if any portion of this TOU is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted and that other provisions of the TOU remain in full force and effect;
- agree that no waiver of any breach of any agreement or provision of this TOU, nor any failure to assert any right or privilege contained in this TOU, shall be deemed a waiver of any preceding or succeeding breach of any agreement or provision;
- agree that the section titles in this TOU are for convenience only and have no legal or contractual effect; and
- agree that this TOU (including all policies, notices and other terms incorporated into this TOU by reference) constitutes the entire agreement between you and us with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral.
DISPUTES AND ARBITRATION PROVISION. This TOU shall be construed, enforced and determined according to the laws of the State of Florida without regard for choice of law provisions. All parties and/or users understand and agree that arbitrations on a class action basis against Company or its affiliates are specifically prohibited and there shall be no right or authority for any Claims to be arbitrated on a class action basis, and all users specifically waive their rights to participate in any such arbitrations on a class action basis. All parties and/or users agreeing to this TOU for any or all Services 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 by us for injunctive relief. The arbitration proceeding shall be construed in accordance with the applicable laws of the American Arbitration Association. All Arbitration proceedings shall be held in Ft. Lauderdale, Florida.
All parties and/or users agreeing to this TOU 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 us. 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.
- We 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