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Program Limitations, Qualifications & Disclaimers
Membership in the Program is subject to this Program Agreement. All Affiliate Store membership and/or operating agreements as they relate to their affiliate or partner programs with Ebates and which reside on the Affiliate Store’s respective Web sites are hereby incorporated into this Agreement by reference.
Membership in the Program is limited to individuals who are 18 years of age or older. Members may not use scripts or disguised redirects to derive financial benefit from Ebates. Members must have Internet access and maintain a valid email address to be eligible to receive the privileges and benefits of membership.
Any failure to comply with this Program Agreement, any fraud or abuse relating to the accrual or receipt of cash back rewards, or any misrepresentation of any information furnished to Ebates or its affiliates by you or anyone acting on your behalf may result in the termination of your membership in the Program and forfeiture of your accrued Cash Back rewards.
The determination of whether or not a purchase made through an Ebates Affiliate Store qualifies for Cash Back is at the sole discretion of Ebates. If an Affiliate Store fails to report a transaction to Ebates or withholds payment to Ebates for any reason, Ebates reserves the right to cancel the Cash Back associated with that transaction. If Ebates has any reason to suspect fraudulent activity is associated with your account, Ebates reserves the right to delay or withhold payment of Cash Back. You give Ebates permission to review your account with Affiliate Stores in cases where Ebates suspects fraudulent activity. Ebates is not responsible for lost or stolen payments, including gift cards. Ebates is not responsible for payments delivered to the wrong address through no fault of Ebates or for payment errors made by payment partners like PayPal.
It is your responsibility to check your account regularly to ensure that Cash Back has been properly credited and paid and that your account balance is accurate. If you do not believe that Cash Back has been correctly credited to your account you must contact Ebates Customer Service within 90 days of the transaction. Should you disagree with any adjustments made to your account or payments made to you, your sole remedy is to withdraw from the Program.
You may be taxed on your receipt of cash and other consideration (merchandise, travel, etc.) for member referrals, depending on the tax laws of federal, state, and local jurisdictions. Ebates may choose to provide you with those notices to you on occasion. In all instances, you will be solely responsible for any and all tax liability arising out of the consideration received for member referrals.
Ebates is not responsible for changes to, or discontinuance of, any Affiliate Store, or for any Affiliate Store withdrawal from the Program, or for any effect on accrual of Cash Back caused by such changes, discontinuance, or withdrawal. Ebates is not responsible for changes to, or discontinuance of, any special offer or coupon code at an Affiliate Store site.
The Ebates Program and Applications are being provided to member “as is” with no warranty. Ebates reserves the right to terminate the Program at any time with or without notice. To the maximum extent permitted by law, Ebates disclaims all representations and warranties, express or implied, with respect to the Program and Applications.
Ebates does not warrant, guarantee, or make any representations regarding the quality or accuracy of advertisements for any products or services offered or provided by Affiliate Stores in conjunction with the Program. In addition, Ebates does not warrant that access to this site or use of its Applications will be uninterrupted or error-free, and Ebates assumes no responsibility for any damage caused by your access or inability to access Ebates.com or Ebates’ Applications.
Member agrees to indemnify and hold Ebates, its parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorney’s fees, made by any party due to or arising out of Member’s use of the Program.
Ebates may modify this Agreement from time to time, with or without notice, and your continued participation in the Program after such modification shall be deemed to be your acceptance of any such modification. It is your responsibility to check the Terms & Conditions page of the Ebates Web site regularly to determine whether this Agreement has been modified. If you do not agree to any modification of this Agreement, you must immediately cease participation in the Program.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without reference to conflicts of law rules. As a condition of the use of the Ebates website and service, you (the Member) agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California and therefore agree to file any grievance or suit of any kind exclusively in the courts located within the county of San Francisco.
If any provision of this Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect. Ebates’ failure to insist upon or enforce strict performance of any provision of the Agreement shall not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between you and Ebates with respect to the Program.
Effective Date: January 1, 2014