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RebatesMe Gift Card Terms of Use


The use of our mobile applications or website constitutes acceptance of our Terms of Use. RebatesMe is not responsible for any amount lost resulting from either lost or stolen gift cards, or the use of your RebatesMe user account or mobile wallet without your permission. Gift cards cannot be resold. All gift cards purchased on the RebatesMe platform are backed by our 7 Day Money-Back Guarantee.


7 Day Gift Card Money-Back Guarantee


We want you to love your rewards. Whether you’re buying discounted gift cards or earning RebatesMe Reward Points for face value gift cards, it's our goal to ensure you have a positive experience on RebatesMe. With this in mind, every order is backed by the following 7 Day Money-Back Guarantee.


For 7 days from your original date of purchase, we cover:


● Gift Card information is not viewed

● Gift Cards that are not active

● Gift Cards with an inaccurate balance

● Gift Cards delivered as a different brand than ordered on RebatesMe


Our 7 Day Money-Back Guarantee does not cover:


● Requests received outside of 7 days

● Buyer’s remorse or change of mind

● Misinterpretation of gift cards delivery method or timing of delivery

● Misinterpretation of how a particular gift card is redeemed or any other redemption requirements or limitations

● Neglecting to apply a promotional code or any discount card before a purchase

● Gift Cards lost or misplaced by the buyer

● Gift Cards merged onto external merchant apps or accounts against RebatesMe Terms of Use - which could result in loss of card value

● Gift Cards that are subsequently resold on any platform other than RebatesMe or given to someone other than the original purchaser (other than gift cards sent through RebatesMe)

● Cards you have purchased on RebatesMe at the request of a third party and which cards you then share or provide to a third party

● Gift Cards not received due to incorrect shipping or delivery information

● Gift Cards that are no longer honored when a retailer goes out of business or files for bankruptcy

● Gift Cards for which a merchant has changed its redemption policies and/or procedures, provided the gift cards can still be redeemed at the merchant

● Gift Cards that have expired pursuant to a particular merchant’s gift card terms


The 7 Day Money-Back Guarantee covers the purchase price of the gift cards, not any savings, discount, or RebatesMe Reward Points the buyer received at the time of purchase.If you have any questions or would like to request a refund for your order under the 7 Day Money-Back Guarantee, please contact RebatesMe Customer Services at services@rebatesme.com.


Terms


PLEASE NOTE: SECTION 17 OF THESE TERMS OF USE CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS HOW DISPUTES WITH REBATESME ARE RESOLVED. BY ACCEPTING THESE TERMS OF USE, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION.


PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS AS A MEMBER OF REBATESME, AS WELL AS REMEDIES AND RECOURSE (INCLUDING THOSE IN SECTION 6)REBATESME MAY TAKE IN CONJUNCTION WITH YOUR USE OF OUR SITE AND SERVICES. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AS WELL AS A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES.


Last Updated: Sep 1, 2020.


Welcome to RebatesMe.com and our associated mobile applications (collectively, the "Site" or "RebatesMe"), an online marketplace for gift cards run by RebatesMe LLC. ("we", "our", "us" or "RebatesMe gift card"). RebatesMe allows you ("user", "consumer", "Member", "guest", or "you") to store, redeem, and purchase gift cards.


By clicking "I agree" on RebatesMe or otherwise using RebatesMe, you agree and acknowledge that you have fully read and consented to be bound by these Terms of Use (the "Terms of Use"). These Terms of Use are a binding agreement and apply to you and all registered Members, guests, or other persons who access, browse and/or otherwise utilize RebatesMe to buy or sell any Gift Cards or use any of the services available on RebatesMe. These Terms of Use set forth your rights and responsibilities when you use RebatesMe, so please read them closely. If you do not agree to these Terms of Use, you may not access or use RebatesMe or any of the services provided on RebatesMe.


1. Modification of Terms of Use


We reserve the right at all times to update, modify or discontinue any part of these Terms of Use as we deem necessary or desirable, in our sole discretion. If we make changes to the Terms of Use, we will notify you by posting notice of the changes to the Terms of Use on RebatesMe. Any changes to these Terms of Use will be effective upon the earlier dispatch of an e-mail or other notice to you informing you of changes to these Terms of Use or our posting of notice of the changes on RebatesMe. We suggest that you revisit our Terms of Use page on RebatesMe from time to time to ensure that you stay informed of any changes to our Terms of Use. Your use of RebatesMe after we update the Terms of Use and post it on RebatesMe will constitute your acceptance of the modified Terms of Use.


2. Registering, Eligibility and Member Account


There are no fees to join RebatesMe, use many of the features on RebatesMe, or to act as a buyer of Gift Cards on RebatesMe. However, sellers of Gift Cards on RebatesMe may be charged sales commissions or listing fees as described in Section 3(g) of these Terms of Use, and may be charged Sale Price Reversals, Commission Recoveries and Card Refund Fees described in Section 6(d) of these Terms of Use. You can join RebatesMe by registering and setting up a Member Account on RebatesMe or via our mobile applications ("Member Account"). Use of RebatesMe is intended solely for Members who are 13 years of age or older. If you are under the age of 13, you are not permitted to become a Member of RebatesMe or establish a Member Account or use RebatesMe. In addition, if you are between the ages of 13 and 17, you may only set up a Member Account and/or use RebatesMe under the supervision of a parent or legal guardian who registers a Member Account on RebatesMe for you and hereby agrees to be bound by these Terms of Use with respect to your use of RebatesMe. If you serve as a parent/guardian of a minor between the ages of 13 and 17, who seeks to become a Member of RebatesMe and who you have helped set up a Member Account, you represent and warrant that: (i) you are a custodial parent or duly appointed legal guardian of the minor for whom you have established a Member Account; (ii) the minor is between the ages of 13 and 17; (iii) that all information you have provided in the Member Account establishment process is true and correct; (iv) that the minor you have registered has your authority to use the payment method for which you have entered on RebatesMe for the minor's Member Account and (v) you agree to take full legal responsibility for all activity conducted in the minor's Member Account and to be financially responsible for all such activity. If you are under the age of 18, you cannot sell a Gift Card on the Site, even if you have been set up by a parent or guardian to use the other features of RebatesMe.


We permit limited access to RebatesMe and services available on RebatesMe to guests and visitors who have not registered a Member Account. In order to access all of the benefits of RebatesMe, including the ability to buy and sell Gift Cards, you must set up a Member Account. You may only set up one Member Account on the Site. Furthermore, you must fully comply with the following requirements: (i) provide complete, current and accurate information at the time of registration, (ii) update all relevant Account information to keep it current and accurate (iii) provide and maintain a valid and current credit card on file at all times if you sell Gift Cards on RebatesMe, (iv) select a security code for your Member Account that is not easy to guess or hack, and (v) maintain the security and confidentiality of your Member Account, including any access or use of security codes associated with your Member Account, so as to minimize the risk of unauthorized access of your Member Account. Finally, you agree to inform RebatesMe immediately if you suspect that your Member Account at RebatesMe has been hacked or subject to any unauthorized access or use. You agree that RebatesMe may verify your information through whatever lawful means it deems reasonable and appropriate, to request additional information to confirm your identity and to deny you access to RebatesMe if it determines any information provided is suspect, not accurate or cannot be confirmed.


We reserve the right to interrupt your service, your access to your Member Account, and/or your access to RebatesMe or any services or Gift Cards offered on RebatesMe, with or without prior notice, for any reason, at our sole and absolute discretion. In the event, your Member Account or access to it is interrupted or terminated for any reason, whether intentionally or unintentionally, we will not be liable for any losses due in whole or in part by such interruption or termination of your Member Account or your access to RebatesMe.


3. Promotional RebatesMe Reward Points Program


RebatesMe Reward Points is a promotional reward program offered by RebatesMe to its Members. RebatesMe may offer a variety of RebatesMe Reward Points promotional points and reward points (collectively, " RebatesMe Reward Points") pursuant to various programs ("RebatesMe Reward Points") in connection with the Site. The RebatesMe Terms & Conditions available at https://www.RebatesMe.com/cms/terms_conditions govern your participation in any and all RebatesMe Reward Points Programs. By participating in any of the RebatesMe Reward Points Programs, including earning and redeeming any RebatesMe Reward Points offered under any of the Programs, you agree to the RebatesMe Terms & Conditions, which terms are incorporated herein by reference.


4. Use of RebatesMe to Purchase, Redeem and Manage Your Gift Cards


(a) Managing and Using Your Gift Cards on RebatesMe, Gift Card Terms & Conditions, and Your Responsibility Related to Gift Cards Stored, Used, or Managed on RebatesMe. RebatesMe allows you to more effectively buy, sell, gift, store, redeem, and manage your Gift Cards. In addition to Gift Cards purchased on RebatesMe, RebatesMe provides you the functionality to store, redeem, and manage your other Gift Cards not purchased on RebatesMe within the RebatesMe mobile wallet for in-store and online redemption. RebatesMe provides this e-wallet storage and redemption feature for your convenience of use and you agree that when you add any other Gift Card into the RebatesMe mobile wallet (or your web account) not acquired on RebatesMe, that RebatesMe is not responsible or liable for any of those Gift Cards. RebatesMe is not responsible for any loss or damage resulting from the loss of any such Gift Card or the use of your RebatesMe user account or RebatesMe mobile wallet without your permission (including any Gift Card you have added therein).


Notwithstanding the above, RebatesMe does offer Buyers on RebatesMe a 7 Day Money-Back Guarantee under the Return Policy, which ceases to apply to a Gift Card if it is resold on any platform other than RebatesMe. The 7 Day Money-Back Guarantee may change from time-to-time and, subject to its then current terms, only covers the purchase price of the relevant Gift Card purchased on RebatesMe. We do not guarantee any associated savings or discount a Buyer may receive in conjunction with the Gift Card purchased on RebatesMe. The 7 Day Money-Back Guarantee only applies to Gift Cards purchased on RebatesMe and does not apply to Gift Cards purchased or acquired outside of RebatesMe that you have chosen to add to your RebatesMe mobile wallet or Member Account.


For certain Retailer Gift Cards on RebatesMe, you may be able to transfer Gift Card balances between Gift Cards of the same Retailer. This functionality allows you to transfer Gift Card balances of any Gift Card in your RebatesMe mobile wallet, whether that Gift Card was acquired on RebatesMe or whether you simply added a Gift Card outside of RebatesMe for the purpose of better managing and using your Gift Card. In that circumstance, our 7 Day Money-Back Guarantee may not apply to that Gift Card, as we may no longer be able to identify where the balance came from in the Gift Card you transferred a balance to. Please read our 7 Day Money-Back Guarantee to fully understand how our guarantee applies or does not apply in that particular circumstance. Irrespective of our Guarantee, RebatesMe is never responsible for the loss of any Gift Card balance transferred from a Gift Card not purchased on RebatesMe, whether in the event of a Gift Card being closed by a Retailer or otherwise.


Gift Cards may be subject to various other terms and conditions related to a particular Retailer or Gift Card, including, without limitation, various limitations as to use of the Gift Card, combination with other offers, redemption and voucher use rules, and whether a Gift Card can be used online, in store or both. These terms and conditions are generally presented with the Gift Card on the Site and you agree specifically to have read and accepted these particular terms and conditions when you agree to purchase the Gift Card in question on RebatesMe.


RebatesMe is not a party to any transaction that you may enter into with the Retailer as a result of your purchasing a Gift Card on RebatesMe. RebatesMe is not responsible for the quality of goods or services you acquire from a Retailer or otherwise procure using a Gift Card acquired on RebatesMe. If a Retailer were to go out of business or go into bankruptcy prior to your use of all the value on their Gift Card, you understand that your sole and exclusive recourse with respect to the unused value of the Gift Card for that particular Retailer is with the Retailer in question (and not RebatesMe) and, as an unsecured-creditor, you may not be able to recoup the value of any unused Gift Card for such a Retailer. The 7 Day Money-Back Guarantee does not apply in the circumstances that a Retailer ceases to honor its Gift Cards due to its going out of business, into bankruptcy or similar circumstances.


(b) General Rules of Conduct on RebatesMe. By using RebatesMe and setting up a Member Account, you agree to the following rules when visiting or transacting on RebatesMe:

● You cannot purchase more than $2,000 worth of face value Gift Cards per 24-hour period.

● You cannot list a Gift Card in excess of $2,000 in face value;

● Electronic Gift Cards must have a minimum balance of $10

● You may not list a Gift Card for more than its face value;

● You may not create more than one Member Account on RebatesMe;

● Gift Cards are redeemable wherever valid. Policy details on validity are set by each merchant.

● RebatesMe does not control the terms of use for gift cards offered on the site. Each merchant sets its own terms and policies.

● You may only sell Gift Cards for which you are the rightful legal owner and which you have obtained legally;

● You will not allow your Member Account to have a negative balance;

● Your Member Account is for your own personal use and you are not permitted to have a friend or other person use your Member Account on RebatesMe;

● You are responsible for your own tax reporting (if applicable) and payment of any applicable taxes with respect to any Sales Transactions on RebatesMe;

● You may not use RebatesMe in any manner that is illegal, fraudulent, or otherwise inconsistent with, or in violation of, the Terms of Use or applicable law.


(c) Payment Options & Fees for Buyers.

When you make a purchase on RebatesMe, whether on the website or mobile applications, RebatesMe accepts various forms of payment, including credit cards, debit cards, and credit provided by us in your Member Account, however it is your responsibility to retain the relevant payment card (if any) for purpose of any refund transaction from RebatesMe. By making the purchase on RebatesMe, you warrant that you are authorized to use the designated debit or credit card or other payment method and you authorize us to charge your designated credit or debit card or another payment method for any order you place on RebatesMe. When you provide your payment information, you authorize us (or a third-party payment processor) to process and store your payment and related information. In the event that the designated credit or debit card or another payment method cannot be verified, is invalid or is otherwise not acceptable to RebatesMe, we may (i) suspend or cancel your order automatically, (ii) prohibit you from buying Gift Cards on RebatesMe until a valid, verifiable credit/debit card is on file with your Member Account and/or (iii) suspend or terminate your account on RebatesMe. Payment card processing fees may apply even if the designated debit or credit card has expired or changed by the time we submit the charges to your card. We are not responsible for any debit card or overdraft fees associated with any order you use a debit card for. You agree to fully cooperate with RebatesMe in an effort to resolve any problems we encounter in order to process your requested order on RebatesMe.


5. Authorized Use & Termination of Access.


You can use RebatesMe only for its intended purposes and solely in accordance with these Terms of Use. Subject to your full compliance with these Terms of Use, RebatesMe grants you a limited, nonexclusive, non-sublicensable license to access and use RebatesMe solely for the purpose of purchasing or managing Gift Cards or receiving other available services and features on RebatesMe. This limited use and access license are revocable at any time by us.


Your Member Account with RebatesMe and any access to the products, services, your RebatesMe Reward Points, and/or any portion of our Site, including any of our mobile applications, is and shall remain at the sole and absolute discretion of RebatesMe. Therefore, we reserve the right to temporarily or permanently terminate, suspend, or refuse to permit your access to any portion of RebatesMe (including any of our mobile applications and your Member Account) and any of the services provided on RebatesMe for any reason, all at our sole and absolute discretion, with or without notice and without liability to you of any kind. You further agree that you will remain bound to the terms of these Terms of Use at all times during any suspension and after the termination of your Member Account or access to RebatesMe, with respect to any purchase or sale transactions, occurrences or acts or omissions on your part prior to or during the suspension, or prior to the termination. We reserve the right to terminate or change any of the services available on RebatesMe including any services or programs related to RebatesMe Reward Points.


6. Prohibited Activity.


In connection with using or accessing RebatesMe (including your Member Account), whether via the website, our mobile applications or otherwise, you agree not to do, and not to facilitate any third party doing, any of the following (each a "Prohibited Activity"):


(a) Modify, alter or otherwise make any derivative uses of the RebatesMe content, trademarks, technology platform or its underlying software, or any portion thereof;

(b) Copy, reverse engineer, decompile, disassemble or attempt to discover the source code of the RebatesMe technology platform or its underlying software;

(c) Use any automated or non-automated means of data gathering, data mining or extraction methods on or in connection with RebatesMe, including any use of "robots", "scrapers", "spiders", "readers" or similar devices;

(d) Infringe upon or violate the rights of RebatesMe, its users, third parties or Retailers;

(e) Download, copy or imitate any portion of the RebatesMe technology platform, its underlying software, and content, or its user interface, or the Site, except as expressly permitted by RebatesMe;

(f) Use RebatesMe in any way that could damage, disable, overburden, place excessive demand on or impair our Site, mobile applications or any services we offer via RebatesMe;

(g) Attempt to gain unauthorized access to (i) any Member's personal information, personal profile, e-wallet or Member Account or (ii) RebatesMe and its mobile applications, including but not limited to any RebatesMe accounts, computer systems and/or network systems, through any means, including via a proxy server, or use any unauthorized access whether or not intentionally acquired;

(h) Aggregate or scrape any content, data or other information from the Site (whether using links, scraping technology or other technical means) to be aggregated or shown with material from other sites or on a secondary site without our express written permission;

(i) Hyperlink to the Site or deep link to any portion of our Site without our written consent;

(j) Interfere with our Site's or our mobile applications' operations, attempt to access or steal any data and information on or related to the Site;

(k) Seek to transact any fraudulent or illegal activity, through any means or corrupt practices, including but not limited to any of the following: hacking, password mining, deceptive impersonation of another person, misrepresentation of your affiliation with a person or entity, hiding or attempting to hide your true identity or location (including via proxy server or otherwise) or providing false, inaccurate or altered documentation, information or identification;

(l) Circumvent or seek to circumvent any security measures or other features meant to protect the security of the Site and RebatesMe Members' security;

(m) Make any unsolicited offers, advertisements, proposals, or send junk mail, spam or chain letters to other RebatesMe users or any other similar type of solicitation not approved of by RebatesMe in writing;

(n) Send or receive what we reasonably believe to be potentially fraudulent funds or otherwise use RebatesMe in a manner that we believe is intended to facilitate a criminal or fraudulent activity or enterprise;

(o) Seek to redeem Gift Cards from RebatesMe from a country other than the U.S.;

(p) Use the Site in a manner that results in or may result in complaints, chargebacks, customer refunds, invalid Gift Cards, fees, penalties or other liability to RebatesMe Marketplace, its other members or partners;

(q) Make any fraudulent, improper or false refund request or claim under the RebatesMe refund policy or any similar customer guarantees provided by us from time-to-time;

(r) To provide any additional information about yourself as a Seller to the Buyer of a Gift Card or otherwise seek to sell Gift Cards directly to any Buyer on RebatesMe;

(s) Engage in, or be involved in, any criminal and/or fraudulent activities, including not limited to, the following with regard to any Gift Cards bought on RebatesMe: (i) in a manner that diminishes the value represented on RebatesMe; (ii) the use of any fraudulent or unauthorized payment method to acquire Gift Cards on RebatesMe; (iii) the use of Gift Cards to perpetrate or facilitate any other criminal activity;

(t) Violate any terms and conditions set forth in the RebatesMe Terms & Conditions;

(u) Use RebatesMe other than for its intended purposes (including for any malicious, threatening, unethical, harassing, fraudulent or illegal activity) or otherwise in violation of these Terms of Use.


7. Your Liability - Actions We May Take and Fees We May Assess.


(a) General. You are responsible for all chargebacks, fees, fines, penalties and other liabilities incurred by us, any Member, a Retailer or any third party caused by or arising out of your breach of these Terms of Use, any Prohibited Activity and/or your use of RebatesMe. 


(b) Actions We May Take - Related to Prohibited Activity or Any Breach of these Terms of Use. If RebatesMe, in its sole discretion, believes that you have breached these Terms of Use or engaged in any Prohibited Activity, we take various actions to protect RebatesMe, our Members, Retailers or others from claims, refunds, chargebacks, fees, fines penalties or any other liabilities or exposure. The actions we may take include, without limitation, the following:


We may close, suspend or limit your access to your Member Account or RebatesMe (including limiting your access to your funds, your RebatesMe Reward Points and/or your Gift Cards, your ability to purchase Gift Cards or request payment from us);


We may refuse to allow you to be a Member or otherwise access RebatesMe in the future; We may hold your funds (including any RebatesMe Reward Points) if reasonably needed to protect against the risk of liability, member refunds or as otherwise provided in this these Term of Uses;


We may terminate any of Gift Card transactions on RebatesMe and withhold any payments associated with such transactions;


We may contact your bank and/or credit card issuer, Retailers, law enforcement and any other third parties impacted by your activities;


We may investigate any Prohibited Activity or breach of these Terms of Use or the RebatesMe Terms & Conditions and may notify and cooperate with appropriate law enforcement agencies;


We can and may share any information related to your Member Account, transaction history, payment information and other information related to your usage of RebatesMe with law enforcement or relevant Retailers, to the extent requested in connection with any investigation into any potentially criminal, fraudulent or Prohibited Activity;


We may use information you provide us or related to your activity on RebatesMe to investigate any potentially fraudulent or criminal activity or any Prohibited Activity, including to ensure you have not made improper or fraudulent refund requests under any RebatesMe refund policy or member guarantee;


We may take legal action against you; and We may, in our sole discretion, terminate all access to this Site, your Member Account, and our services for any reason and at any time.


(c) Actions We Take - Holds and Reserves on Funds and your Member Account.

i. Legal Process & Court Orders. We may, in our sole discretion, take various actions, including placing a hold, reserve or other limitations on your Member Account or the funds or credits in your Member Account in the event we receive notice of a court order or other legal process that restricts the use of or access to your funds or requires their holding, release, or seizure. We will provide notice of such hold, reserve or limitation, unless the court or law enforcement otherwise directs us not to provide you notice, in which case the court order or other process will supersede any notice obligation in these Terms of Use In addition, in the event, we receive a notice of garnishment, lien or levy on your Member Account directing us to retain funds or directing us to pay funds from your Member Account to a court, government body, agency or third party, we may limit your Member Account, hold relevant funds and ultimately disburse funds as necessary.

ii. Invalid Cards, Risk-Based, and Verification Reasons. We may, in our sole discretion, place holds on payment of funds to you or reserves on funds in your Member Account (including any RebatesMe Reward Points), under the following circumstances: (A) if we provide a Buyer a refund under our return policy for a Gift Card sold by you on RebatesMe, (B) as we investigate any Invalid Cards (as defined below), any Gift Card refund requests, or any potentially illegal or fraudulent activity or any Prohibited Activity, (C) if we believe there may be a high level of risk associated with you, your Member Account or your transactions on RebatesMe, (D) until we have been able to complete certain verification procedures relate you and the processing of your Sales Transactions (including third party processor verification requirements) and (E) in connection with our recourse in Section 6(d) below. Our determination that you are a higher risk account may be based on a variety of factors, including your activity on RebatesMe and information we may receive from third parties or otherwise. If we place a reserve or hold on funds in your Member Account (or debit your RebatesMe Reward Points in your Member Account), you will be informed of such reserve, hold, or action. If your Member Account is subject to a reserve, we will provide you notice of this reserve, specifying the terms of the reserve or the policy under which such reserve is being placed.


(d) Our Right to Reverse Refunds. In the event RebatesMe determines, in its sole discretion, that you have mistakenly, improperly or fraudulent sought and received a refund for a Gift Card purchased on RebatesMe under our then current refund policy, you authorize RebatesMe to charge your payment method on file (credit card) with RebatesMe or debit your Member Account (including any of your RebatesMe Reward Points) the full amount of any such improper Gift Card refund(s) requested by you. Furthermore, in this circumstance, RebatesMe reserves the right to suspend or terminate your Member Account on RebatesMe.


(e) Dispute of any RebatesMe Recourse. In the event you believe in good faith that there may have been an error in our assessment of any fees, charges or other permitted recourse to your Member Account associated with a Gift Card you purchased on RebatesMe (including the recourse in this Section 6), you may contact RebatesMe Member Services (which information is available on our Site at www.rebatesme.com/cms/contact_us/) or your account manager, if applicable. You must provide us with all relevant information to support the reason you believe the recourse we took with regard to your Member Account or a particular Gift Card you bought on RebatesMe was not warranted and we will then, at our discretion, engage in further investigation of the particular matter (to the extent possible) to determine if there was an error in our assessment of any fees or charges to your account or any other similar permitted recourse hereunder. You hereby agree to fully cooperate with RebatesMe in any such further investigation and to only provide us with full and truthful information. RebatesMe will communicate its determination (after any such investigation) in accordance with its then existing policies and procedures. The timing and terms of any additional investigative process will be entirely dependent upon our then current policies and procedures related to such matters, which may change from time-to-time. You further agree that RebatesMe's determination after such an additional investigation (to the extent possible) is final.


9. Intellectual Property & Trademarks.


Unless otherwise indicated by us, the RebatesMe Site and all content and other materials therein, including, without limitation, the RebatesMe trademarks, logos and all other RebatesMe designs, text, graphics, pictures, information, data, software, sound files, other files made available on RebatesMe and the selection and arrangement thereof, and any documentation provided to you by or on behalf of RebatesMe (but excluding any and all trademarks, service marks or other intellectual property of Retailers found on RebatesMe) are the exclusive property of RebatesMe. "RebatesMe" and the RebatesMe logo and any related slogans are RebatesMe's trademarks in the United States and may not be copied or used without the prior written permission of RebatesMe. Unless explicitly stated by us, nothing in these Terms of Use shall be construed as conferring any ownership in or license to any intellectual property rights, whether by estoppel, implication, or otherwise.


All trademarks not owned by RebatesMe that appear on this Site are the property of their respective owners. Reference to any products, services, merchants, or retailers available on RebatesMe does not constitute or imply any endorsement, sponsorship or recommendation by RebatesMe.


10. Copyright Complaints.


In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, RebatesMe may also terminate or suspend the account of any member who infringes any intellectual property rights of a third party, whether a repeat infringer or not. If you believe that any user content on RebatesMe infringes upon any copyright that you own or otherwise control, you may file a notice of such infringement with our Designated DMCA Agent identified below, with the following information in writing: (i) a physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.


11. Links to Other Websites.


RebatesMe may link to third-party websites, services, and mobile applications ("Other Websites"). These links are provided as a convenience to you and not because we endorse these Other Websites. We are not responsible for the content or the accuracy of materials on these Other Websites, or the privacy practices of these Other Websites. If you decide to access any Other Website, you do so at your own risk, and we are not responsible for any damages or liabilities caused or alleged to be caused by any use of the Other Websites.


12. Your Privacy.


We take the privacy of your personal data seriously. We encourage you to read our Privacy Policy for disclosures about how we may collect, use, and share personal data and the choices you may have with respect to the data we may collect and use. Our Privacy Policy is incorporated into these Terms of Use and is available Privacy Policy.


13. Electronic Communications.


When you use RebatesMe or otherwise send emails to RebatesMe, you are communicating with us electronically and you consent to receive electronic communications related to your use of RebatesMe, including push notifications. We will communicate with you by email, push notification, or by providing notices on the Site. You agree that any communication we may send you via email or push notification will satisfy any legal requirement that any such communication is in writing. Any notice delivery by RebatesMe via email will be effective when sent to the email address you provided to RebatesMe or from which you otherwise email us. You further agree that you are responsible for maintaining an active email account on file with your Member Account and for any spam-filters (or similar content blockers) that may impact a RebatesMe communication to you.


14. Disclaimer of Warranties & Waiver of Claims.


YOU EXPRESSLY AGREE THAT YOU ARE USING THE SITE AND ANY SERVICES OFFERED BY US AT YOUR OWN RISK AND THAT THE SITE AND SERVICES AVAILABLE ON THE SITE ARE PROVIDED "AS-IS" AND "AS-AVAILABLE". TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, REBATESME DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE OPERATION OF THE SITE, INFORMATION CONTAINED ON THE SITE OR ANY OF THE GIFT CARDS OR OTHER OFFERINGS AVAILABLE ON THE SITE OR ANY OTHER PROGRAMS AVAILABLE OR ACCESSIBLE THROUGH THE SITE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES NON-INFRINGEMENT, MERCHANTABILITY, SUITABILITY, UP-TIME, OR FITNESS FOR A PARTICULAR PURPOSE. REBATESME MAKES NO WARRANTY THAT THE SITE WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR-FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY REBATESME OR ANY REPRESENTATIVE OF REBATESME WILL CREATE A WARRANTY OR OBLIGATION ON THE PART OF REBATESME OR SUPERCEDE ANY OF THESE TERMS OF USE.


REBATESME IS NOT THE ISSUER OF THE GIFT CARDS SOLD ON REBATESME AND IS NOT RESPONSIBLE FOR WHETHER OR HOW A PARTICULAR RETAILER HONORS SUCH GIFT CARDS, PARTICULARLY IN THE CIRCUMSTANCE WHEN A RETAILER GOES OUT OF BUSINESS OR IS IN BANKRUPTCY OR LIQUIDATION. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT YOU WILL NOT SEEK RECOURSE AGAINST (AND HEREBY WAIVE ANY AND ALL CLAIMS AGAINST) REBATESME IN THE CIRCUMSTANCE THAT A RETAILER DOES NOT HONOR A GIFT CARD BECAUSE IT IS UNABLE TO PAY ITS DEBTS, GOES OUT OF BUSINESS, LIQUIDATES, GOES BANKRUPT, OR OTHERWISE REORGANIZES. FURTHERMORE, REBATESME IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM LOST OR STOLEN GIFT CARDS IN YOUR MEMBER ACCOUNT OR REBATESME MOBILE WALLET OR USE OF YOUR REBATESME ACCOUNT OR REBATESME MOBILE WALLET (AND ANY GIFT CARDS THEREIN, INCLUDING ANY GIFT CARDS YOU ADD TO YOUR REBATESME MOBILE WALLET NOT OTHERWISE ACQUIRED ON REBATESME) WITHOUT YOUR PERMISSION AND YOU HEREBY AGREE TO WAIVE ALL CLAIMS AGAINST REBATESME RELATED TO SUCH MATTERS.


15. Limitation of Liability.


TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL REBATESME, IT SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, MERCHANTS, LICENSORS OR PARTNERS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES ON ACCOUNT OF LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR LOST BUSINESS ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH (I) THE USE OF THE SITE, THE SITE AND/OR MEMBER CONTENT, INCLUDING ANY PERSONAL INFORMATION, (II) THE USE OF THE SERVICES ON THE SITE (OR INABILITY TO USE THE SERVICES), (III) THE MARKETING, PURCHASE OF ANY GIFT CARDS ON THE SITE, AND (IV) ANY SERVICES OR OFFERINGS PROVIDED BY ANY THIRD PARTIES ACCESSIBLE FROM OR THROUGH THE SITE, HOWEVER, CAUSED, REGARDLESS OF THE THEORY OF LIABILITY(INCLUDING, CONTRACT, TORT, WARRANTY, STRICT LIABILITY, ETC.) AND EVEN IF REBATESME WAS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL REBATESME'S TOTAL LIABILITY TO YOU, WHETHER IN CONTRACT, TORT, WARRANTY OR ANY OTHER THEORY OF LAW, ARISING UNDER THESE TERMS OF USE OR ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THE SITE AND/OR SERVICE PROVIDED VIA THE SITE EXCEED $200 IN THE AGGREGATE. YOU AGREE THAT ANY CAUSE OF ACTION HEREUNDER MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. BECAUSE CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS IN CERTAIN CONTEXTS, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.


16. Indemnification & Release.


You agree to defend, indemnify and hold us (and our affiliates, subsidiaries and our and their respective officers, directors, employees and agents (collectively with RebatesMe LLC. the "Indemnified Parties")) harmless from any claim or demand made by any third party due to or arising out of or related to: (i) your breach of these Terms of Use, (ii) your improper use of the Site or RebatesMe's services, (iii) your violation of any third parties' intellectual property rights, (iv) your intentional misconduct, fraudulent acts or gross negligence, (v) any content you provide on the Site or (vi) your violation of any applicable law, including any applicable tax laws. You agree to pay any and all losses, costs, damages and expenses (including reasonable legal fees and expenses) (collectively "Damages") for which any Indemnified Party is found liable in respect of any such claim or demand and to reimburse each Indemnified Party immediately for any Damages that the Indemnified Party has directly incurred, suffered or paid. You hereby recognize that RebatesMe is not the issuer of any Retailer Gift Card sold on RebatesMe. To the extent permitted under applicable law, you agree to release RebatesMe from any claim or liability arising out of or related to (x) how and whether a Retailer honors its Retailer Gift Card(s) purchased on RebatesMe and (z) any Retailer's failure to honor a particular Retailer Gift Card purchased by you on RebatesMe.


17. Legal Disputes


a. Binding Arbitration. By using this Site and agreeing to these Terms of Use, you agree that any claim, dispute, or controversy you may have against RebatesMe arising out of, relating to, or connected in any way with these Terms of Use, RebatesMe Reward Points or the RebatesMe Terms & Conditions, this Site, or the purchase or sale of any Gift Cards or any other services offered on RebatesMe (a "Dispute" ), shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ( "AAA" ) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA, including, without limitation, the AAA Supplementary Procedures for Consumer-Related Disputes, available at http://www.adr.org. ("Rules and Procedures"); except that you may bring a qualifying claim over a Dispute in a small claims court. The provisions of this Section 14 shall constitute your and RebatesMe's written agreement to arbitrate Disputes under the Federal Arbitration Act ("Dispute Agreement") and that you and RebatesMe are each giving up the right to go to court and have a Dispute heard by a judge or jury (except for the limited exclusion above in a small claims court or in the context of injunctive relief permitted below).


You agree further that: (A) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by you and RebatesMe; (B) the arbitrator shall apply Oregon law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (C) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or RebatesMe's individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; and (D) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, RebatesMe will pay as much of your filing, arbitration and hearing fees in connection with the arbitration as the arbitrator deems necessary (not to exceed $10,000) to prevent the arbitration from being cost-prohibitive. RebatesMe agrees not to seek attorney's fees and costs in arbitration unless the arbitrator determines the Dispute was frivolous. The arbitration shall be conducted based on written submission unless you request and/or the arbitrator determines that a telephone or in-person hearing is necessary.


(b) No Class Action. We each agree that we shall bring any Dispute against the other in our respective individual capacities and not as a plaintiff or class member of a purported class, representative proceeding or as an association. We each agree that any Dispute will be arbitrated only on an individual basis and not in a class, consolidated or representative action. The arbitrator may not vary these terms.


(c) Choice of Law & Forum. Any and all Disputes shall be governed by the laws of the State of Oregon without regard to any conflicts of laws provisions. In the event any Dispute was to proceed in court, you agree that (i) the federal and state courts of the state of Oregon and Washington County shall have exclusive jurisdiction to adjudicate any such Dispute, (ii) you and RebatesMe irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for the resolution of such Disputes and (iii) you and RebatesMe agree to irrevocably waive any right to a trial by jury.


(d) Injunctive Relief. Notwithstanding anything to the contrary in this Dispute Agreement, either party may bring suit in court seeking an injunction or other equitable relief arising out of or related to the infringement of a party's intellectual property or any conduct that violates Section 5 of these Terms of Use.


(e) Severability. If Section 16(b) above or Section 16(a),(c) above is ruled to be unenforceable, then Section 16(a) shall be deemed unenforceable, but the rest of this Section 16 shall remain in full effect.


18. Miscellaneous Provisions


(a) Force Majeure RebatesMe shall be excused from performance under these Terms of Use, and the RebatesMe Terms & Conditions, to the extent it is delayed or prevented from performing, as a result of any event or series of events caused by (i) weather conditions or elements of nature or acts of God, (ii) acts of war, terrorism, insurrection, riot, political unrest, (iii) labor strikes, (iv) embargoes, (v) error or disruption to computer hardware, networks or software failures or of third party providers or (vi) other causes beyond the reasonable control of RebatesMe.


(b) Entire Agreement These Terms of Use and The RebatesMe Terms & Conditions, including the Privacy Policy and other terms incorporated by reference, constitute the entire agreement and understanding between you and RebatesMe with respect to the subject matter covered and supersedes any prior agreements, whether in writing or oral, with respect to such subject matter.


(c) Assignment These Terms of Use and the RebatesMe Terms & Conditions are not assignable, transferable, or sublicensable by you except with RebatesMe’s prior written consent. RebatesMe may transfer, assign or delegate these Terms of Use or the RebatesMe Terms & Conditions and its rights and obligations hereunder without consent.


RebatesMe Terms & Conditions


RebatesMe Reward Points is a promotional reward program offered by RebatesMe LLC for RebatesMe Members. For purposes of these RebatesMe Terms & Conditions (the "RebatesMe Terms & Conditions"), the terms "RebatesMe," "we," "us," and "our" refer to RebatesMe LLC. The terms "Member," "you," and "your" apply to you as a Member of the RebatesMe Reward Points program ("RebatesMe Reward Points Program"). The term "account" refers to your RebatesMe Reward Points Member account and the term "RebatesMe Reward Points" refers to the promotional rewards earned as reflected in your Member account from time to time pursuant to these RebatesMe Terms & Conditions. RebatesMe may offer a variety of RebatesMe Reward Points promotional points and reward points pursuant to various programs ("RebatesMe Reward Points Programs" or "Programs") in connection with RebatesMe.com and the RebatesMe mobile applications (collectively, the "Site"). These RebatesMe Terms & Conditions contain important information regarding the RebatesMe Reward Points Programs. Please read these RebatesMe Terms & Conditions carefully. These RebatesMe Terms & Conditions are a binding agreement between you and RebatesMe and will govern your participation in any and all RebatesMe Reward Points Programs. By participating in any of the RebatesMe Reward Points Programs, including earning and redeeming any RebatesMe Reward Points offered under any of the Programs, you agree to these RebatesMe Terms & Conditions, as well as the Terms of Use [https://www.RebatesMe.com/cms/terms_conditions/] ("Terms & Conditions"), which are incorporated herein and can be found on the Site. RebatesMe reserves the right to modify these RebatesMe Terms & Conditions at any time, without notice to you, so it is important that you check the RebatesMe Terms & Conditions periodically. The RebatesMe Terms & Conditions can be found throughout the Site.


1. Overview


RebatesMe may offer one or more RebatesMe Reward Points Programs under which you may have the opportunity to earn RebatesMe Reward Points, which is redeemable on the Site. RebatesMe Reward Points Programs may include additional terms and conditions that apply to a RebatesMe Reward Points Program ("Additional Terms"), as well your participation in activities allowing you to earn RebatesMe Reward Points (collectively, "Activities"). There may be limitations on the Activities and RebatesMe Reward Points, so you should always be sure to review all applicable Additional Terms before deciding to participate in any particular RebatesMe Reward Points Program. Some of the limitations on Activities and RebatesMe Reward Points include (without limitation), our right to change or limit your ability to participate in certain Activities or RebatesMe Reward Points Programs; our right to change or limit the frequency of Activities and RebatesMe Reward Points; our right to change or limit the amount of RebatesMe Reward Points you can earn for any given Activities or during any given time period; our right to change the Activities and RebatesMe Reward Points available and our right to change the period during which any RebatesMe Reward Points can be redeemed on the Site. There are no costs or fees associated with the Programs or RebatesMe Reward Points. RebatesMe Reward Points are promotional and have no cash value. The Company may limit, suspend or terminate your ability to participate in a RebatesMe Reward Points Program in its sole and absolute discretion, and may void any RebatesMe Reward Points or potential RebatesMe Reward Points you may have earned or accumulated in any RebatesMe Reward Points Program, if we determine in our sole discretion that you have not complied with these RebatesMe Terms & Conditions, the Terms of Use or any Additional Terms applicable to such participation or any particular RebatesMe Reward Points Program. You agree to abide by the final and binding decisions of RebatesMe regarding any RebatesMe Reward Points Program and your participation in it. We reserve the right to change, suspend, or cancel all or a portion of a RebatesMe Reward Points Program, including any RebatesMe Reward Points you may have accrued, at any time without prior notice to you. Upon termination or discontinuance of any Program(s), unused or unredeemed RebatesMe Reward Points associated with such Program(s) may immediately and automatically expire and may not be redeemable on the Site or otherwise.


2. Program Period


The RebatesMe Reward Points Programs will continue until terminated, suspended, modified, or converted to another RebatesMe Reward Points Program by RebatesMe (the "Program Period"). RebatesMe may change the Program Period at any time and may determine to terminate any RebatesMe Reward Points Program Period in its sole discretion, in particular, if it believes any RebatesMe Reward Points Program is being abused or is otherwise not accomplishing the intended purpose of the RebatesMe Reward Points Program.


3. Eligibility


To participate in any RebatesMe Reward Points Program, you must first have a RebatesMe Member account at https://giftcard.rebatesme.com, on RebatesMe mobile applications, or such other locations as identified by any RebatesMe Reward Points Program and become a Member of RebatesMe. To register as a Member, you must meet the registration criteria specified in the Terms of Use. All Members are required to comply with the Terms of Use of the Site at all times. RebatesMe reserves the right to disqualify any Member from participating in the RebatesMe Reward Points Program, and to invalidate any and all RebatesMe Reward Points for abuse, fraud, or any violation of these RebatesMe Terms & Conditions, any other Additional Terms of a RebatesMe Reward Points Program, or the Terms of Use, at its sole discretion. You agree that you may only have ONE Member account on the Site and that to the extent RebatesMe determines you have established more than ONE Member account on the Site, RebatesMe will be permitted to cancel the Member account and any RebatesMe Reward Points associated with the additional RebatesMe Member account(s) will be forfeited. Your Member Account is personal to you and is non-transferrable. In the event we terminate your Member account for any reason, any RebatesMe Reward Points associated with your Member account is void. If you have registered for a Member account, you are responsible for safeguarding your password and any other credentials used to access the Member account. You, and not RebatesMe, are responsible for any activity occurring in your Member account, whether or not you authorized that activity. If you become aware of any unauthorized access to your Member Account, you should notify RebatesMe immediately.


4. Promotional


RebatesMe Reward Points Programs Terms & Limitations RebatesMe also offers a variety of promotional RebatesMe Reward Points Programs, whereby RebatesMe will provide or offer certain persons RebatesMe Reward Points in conjunction with various promotional events, programs and initiatives. These promotional RebatesMe Reward Points Programs will often identify a time limitation for redeeming any RebatesMe Reward Points associated with a particular promotional RebatesMe Reward Points Program, after which, any such RebatesMe Reward Points will no longer be redeemable or valid for redemption on the Site. RebatesMe may identify Additional Terms for any Promotional RebatesMe Reward Points Program that may (i) limit who can use or redeem promotional RebatesMe Reward Points, including if it is for new Members only, (ii) limit when promotional RebatesMe Reward Points can be used, (iii) limit what promotional RebatesMe Reward Points can be used to purchase, (iv) limit how much promotional RebatesMe Reward Points is available to be redeemed in a particular RebatesMe Reward Points Program, (v) limit the combination of any particular promotional RebatesMe Reward Points with other promotional RebatesMe Reward Points or Referral RebatesMe Reward Points and (vi) provide other particular terms and conditions specifically related to that promotional RebatesMe Reward Points Program. If any of these terms are not being complied with by any Member of RebatesMe, then RebatesMe reserves the right to not honor the redemption of any such Member’s promotional RebatesMe Reward Points. Furthermore, RebatesMe reserves the right to limit the amount of promotional RebatesMe Reward Points offered under any RebatesMe Reward Points Program at any time, including the right to terminate any RebatesMe Reward Points Program in its sole discretion. RebatesMe, in its sole discretion, may at any time change minimum spend thresholds for taking advantage of any particular promotional RebatesMe Reward Points Program. This change will be reflected at the time of check-out for the Member. Furthermore, RebatesMe can refuse redemption of certain RebatesMe Reward Points promotional codes, to the extent such codes have been promoted by a source not authorized by RebatesMe or contemplated for that particular RebatesMe Reward Points Program. Again, to the extent any promotional RebatesMe Reward Points Program is limited to new Members or single use, RebatesMe may not honor any promotional RebatesMe Reward Points they believe to be in violation of this term or limitation, including if RebatesMe determines you have more than one Member account on RebatesMe.


5. No Cash Value, Non-Transferability, and No Ownership


RebatesMe Reward Points is for promotional purposes only, is not to be considered property in any way, and has no cash value or other value unless redeemed toward a purchase on the Site in accordance with these terms. RebatesMe Reward Points are not transferable and cannot be bought, sold, gifted, or applied to any other account. RebatesMe Reward Points is for the benefit only of the Member who has earned that RebatesMe Reward Points in accordance with the relevant Program. A Member may not otherwise redeem RebatesMe Reward Points for cash. RebatesMe Reward Points can only be redeemed toward the purchase of gift cards or other closed-loop products on the Site. RebatesMe Reward Points is not a gift card. If your Member Account is closed for violating our Terms of Use or these RebatesMe Terms & Conditions, you may lose access to your RebatesMe Reward Points and may no longer be able to redeem your RebatesMe Reward Points on the Site.


6. Inactive Member Accounts


Any Member account that has not been logged into and RebatesMe Reward Points either earned or redeemed or gift cards purchased, sold, or used for two years or more may be deemed inactive and the Member Account may be closed by RebatesMe. In such instances, to request Member account reactivation (subject to our then-current RebatesMe Terms & Conditions and our Terms of Use and existing policies and procedures) you may reach us by contacting Member Services at service@rebatesme.com. We may modify our inactive Member account rules and policies in our RebatesMe Reward Points Programs from time to time, and if your Member Account is deemed inactive pursuant to such then-current rules or policies, we may close your Member account, without any compensation or further obligation to you.


Except where prohibited by applicable law, if you have not earned Cash Back for more than twelve (12) consecutive months, RebatesMe reserves the right to debit your account balance $4.99 per month (“Maintenance Fee”) to recover the cost of account maintenance in its normal course of business until you reactivate your account by earning Cash Back or until your account balance is zero. If your account remains inactive for more than twelve (12) consecutive months and the balance in your inactive account is or becomes zero, RebatesMe reserves the right to close the account permanently and cease to maintain your account records and RebatesMe access. Maintenance Fees are nonrefundable but will not cause your account balance to become negative and will not cause you to owe money to RebatesMe.


7. RebatesMe Reward Points Taxability


RebatesMe Reward Points may be taxable, depending on the value of the item and the federal, state, and local tax laws applicable to Member. Members are solely responsible for reporting such items on their tax returns and paying any associated tax liability.


8. Disclaimer of Warranties


In addition to the Disclaimer of Warranties & Waiver of Claims section contained in the Terms of Use, RebatesMe makes no warranty in any respect as to any RebatesMe Reward Points, merchandise, or service available within the RebatesMe Reward Points Programs.


9. About Gift Cards


The gift cards offered by RebatesMe on the Site are subject to each individual retailer’s policies and program terms. For details, see the information on the back of the gift card or visit the relevant retailers’ websites for their particular terms & conditions governing a particular gift card.


10. Release


By participating in any RebatesMe Reward Points Program, a Member releases RebatesMe, its parent company, subsidiaries, affiliates, suppliers, advertising partners, and promotions agencies and their respective directors, officers, employees, and agents (collectively, "Released Parties") from any and all liabilities, claims, losses, damages, costs or expenses, arising from or related to, the relevant Program, the RebatesMe Reward Points Programs and/or the earning, use, loss or redemption of any RebatesMe Reward Points.


11. Indemnification


Members agree to indemnify, defend and hold the Released Parties harmless from and against any and all third-party claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to (a) any breach by Member of any of these RebatesMe Terms & Conditions (including any applicable Additional Terms), (b) any breach by Member of the Terms of Use, or (c) any violation by Member of applicable law.


12. Entire Agreement, Governing Law, Venue & Arbitration


These RebatesMe Terms & Conditions, the Terms of Use and any Additional Terms reflect all of the terms applicable to your participation in any RebatesMe Reward Points Program and the RebatesMe Reward Points earned thereunder. The laws of the State of Oregon shall govern these RebatesMe Terms & Conditions. Members hereby expressly consent to the exclusive jurisdiction and venue in the courts located in the State of Oregon, Washington County, for all matters arising in connection with these RebatesMe Terms & Conditions or Member’s participation in the Program. Member further agrees that any dispute related to RebatesMe Reward Points, any RebatesMe Reward Points Program and the RebatesMe Terms & Conditions will be subject to the arbitration provisions set forth in the Terms of Use, which all Members agree to before being permitted to participate in any RebatesMe Reward Points Program on the Site. Your participation in the RebatesMe Reward Points Program is governed by the Terms of Use and these RebatesMe Terms & Conditions. In the event of a conflict between the terms and conditions of these RebatesMe Terms & Conditions and the Terms of Use, these RebatesMe Terms & Conditions shall control.


13. Changes to the RebatesMe Terms & Conditions


The most current version of the RebatesMe Terms & Conditions will be posted to the Site. Changes to the RebatesMe Terms & Conditions will be effective upon posting to the Site unless otherwise required by applicable law. At our sole discretion, we may also inform you of changes to the RebatesMe Terms & Conditions via email and/or in-app notifications. If you do not agree to the changes to the RebatesMe Terms & Conditions, you should stop using your Member account and the mobile application and Site functionality related to RebatesMe Reward Points. Your continued use of the mobile applications, Site, or Member account constitutes your acceptance of an agreement to be bound by the updated RebatesMe Terms & Conditions.