Welcome to OnRebate.com. To ensure a safe, non-offensive
environment for all of our users, we have established our Terms and Conditions
of Use. It spells out what you can expect from us and what we expect from you.
By utilizing the website of OnRebate.com, users ("Users") agree to be legally
bound and to abide by the terms set forth below. OnRebate.com is owned and
operated by OnRebate.com, Inc. Any references herein to OnRebate.com shall be
deemed to refer to OnRebate.com and/or OnRebate.com, Inc., as applicable under
the circumstances.
I. TRADEMARKS
OnRebate.com, "Upgrade your Rebate!" are all service marks of OnRebate.com,
Inc. All rights reserved. These and other OnRebate.com graphics, logos and
service marks and trademarks of OnRebate.com, Inc. may not be used without
prior written consent of OnRebate.com, Inc. All other trademarks, product
names, and company names and logos appearing on OnRebate.com are the property
of their respective owners.
II. DISCLAIMERS AND LIMITATION OF LIABILITY
User expressly agrees that use of OnRebate.com is at User's
sole risk. Neither OnRebate.com, nor its affiliates, nor any of their officers,
directors, or employees, agents, third-party content providers, merchants,
sponsors, licensors (collectively, "Providers"), or the like, warrant that
OnRebate.com will be uninterrupted or error-free; nor do they make any warranty
as to the results that may be obtained from the use of OnRebate.com, or as to
the accuracy, reliability, or currency of any information content, service, or
merchandise provided through OnRebate.com.
THIS SITE IS PROVIDED BY ONREBATE.COM ON AN "AS IS" AND "AS
AVAILABLE" BASIS. ONREBATE.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION DonnOF THE SITE, THE INFORMATION,
CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT
PERMISSIBLE BY APPLICABLE LAW, ONREBATE.COM DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. ONREBATE.COM WILL NOT BE LIABLE FOR ANY
DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT
LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES. NO
ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ONREBATE.COM NOR ITS AFFILIATES,
NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE
LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR
ADVICE.
Under no circumstances shall OnRebate.com or any other party
involved in creating, producing, or distributing OnRebate.com be liable for any
direct, indirect, incidental, special, or consequential damages that result
from the use of or inability to use OnRebate.com, including but not limited to
reliance by a User on any information obtained from OnRebate.com or that result
from mistakes, omissions, interruptions, deletion of files or email, errors,
defects, viruses, delays in operation or transmission, or any failure of
performance, whether or not resulting from acts of God, communications failure,
theft, destruction, or unauthorized access to OnRebate.com’s records, programs,
or services. User hereby acknowledges that this paragraph shall apply to all
content, merchandise, and services available through OnRebate.com. Because some
states do not allow the exclusion or limitation of liability for consequential
or incidental damages, in such states liability is limited to the fullest
extent permitted by law.
III. CONTENT
a. PROPRIETARY RIGHTS
User acknowledges that OnRebate.com contains information,
data, software, photographs, graphs, videos, typefaces, graphics, music,
sounds, and other material (collectively "Content") that are protected by
copyrights, trademarks, trade secrets, or other proprietary rights, and that
these rights are valid and protected in all forms, media and technologies
existing now or hereinafter developed. All Content is copyrighted as a
collective work under the U.S. copyright laws, and OnRebate.com owns a
copyright in the selection, coordination, arrangement, and enhancement of such
Content. User may not modify, remove, delete, augment, add to, publish,
transmit, participate in the transfer or sale of, create derivative works from,
or in any way exploit any of the Content, in whole or in part. If no specific
restrictions are displayed, Users may make copies of select portions of the
Content, provided that the copies are made only for User's personal use and
that User maintains any notices contained in the Content, such as all copyright
notices, trademark legends, or other proprietary rights notices. Except as
provided in the preceding sentence or as permitted by the fair use privilege
under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not
upload, post, reproduce, or distribute in any way Content protected by
copyright, or other proprietary right, without obtaining permission of the
owner of the copyright or other propriety right. In addition to the foregoing,
use of any software Content shall be governed by the software license agreement
accompanying such software. All documents submitted becomes property of
OnRebate.
b. DISTRIBUTION/UPLOADING OF THIRD-PARTY CONTENT
Except as set forth in Section III a. above, User may upload
to or otherwise distribute on OnRebate.com only Content that is not subject to
any copyright or other proprietary rights protection (collectively, "Public
Content"), or Content in which the author has given express authorization for
distribution on the World Wide Web. Any copyrighted or other proprietary
Content distributed with the consent of a copyright owner should contain a
phrase such as "Copyright, owned by [name of owner]; used by permission." The
unauthorized submission or distribution of copyrighted or other proprietary
Content is illegal and could subject the User to criminal prosecution as well
as personal liability for damages in a civil suit. User will be liable for any
damage resulting from any infringement of copyrights or proprietary rights, or
from any other harm arising from such submission. Neither OnRebate.com, nor its
affiliates, nor any of their officers, directors, employees, agents, Providers,
or the like, will be liable for any damage resulting from any infringement of
copyrights or proprietary rights, or from any other harm arising from such User
submission. In compliance with the Digital Millennium Copyright Act, Users and
other persons can report an infringement to OnRebate.com. By submitting Content
to any User-submit areas, including, without limitation, any User comments,
User automatically grants, or warrants that the owner of such Content has
expressly granted OnRebate.com the royalty-free, perpetual, irrevocable,
nonexclusive right and license to use, reproduce, publish, translate,
sublicense, copy, and distribute the Content in whole or in part worldwide
and/or to incorporate it in other works in any form, media, or technology now
known or hereafter developed for the full term of any copyright that may exist
in such Content. User also permits any other User to access, store, or
reproduce the Content for that User's personal use. Subject to this grant, the
owner of Content placed on OnRebate.com retains any and all rights that may
exist in such Content.
c. THIRD-PARTY CONTENT
OnRebate.com is a distributor of and not a publisher of
Content supplied by third parties and Users. OnRebate.com has no more editorial
control over such Content than does a public library or newsstand. Any
opinions, advice, statements, services, offers, or other information that
constitutes part of Content expressed or made available by third parties,
including Providers or any other User of OnRebate.com, are those of the
respective authors or distributors and not of OnRebate.com or its affiliates or
any of their officers, directors, employees, or agents. Neither OnRebate.com
nor its affiliates, nor any of their officers, directors, employees, or agents,
nor any third party, including any Provider, or any other User of OnRebate.com,
guarantees the accuracy, completeness, or usefulness of any Content, nor its
merchantability or fitness for any particular purpose. In many instances, the
Content available through OnRebate.com represents the opinions and judgments of
the respective Provider, or User not under contract with OnRebate.com.
OnRebate.com neither endorses nor is responsible for the accuracy or
reliability of any opinion, advice, or statement made on OnRebate.com by anyone
other than authorized OnRebate.com employees. Under no circumstances shall
OnRebate.com, or its affiliates, or any of their officers, directors,
employees, or agents be liable for any loss, damage or harm caused by a User's
reliance on information obtained through OnRebate.com. It is the responsibility
of User to evaluate the information, opinion, advice, or other Content
available through OnRebate.com.
d. EXPORT
The U.S. export control laws regulate the export and re-export of technology
originating in the United States. This includes the electronic transmission of
information and software to foreign countries and to certain foreign nationals.
User agrees to abide by these laws and their regulations -- including but not
limited to the Export Administration Act and the Arms Export Control Act and
not to transfer, by electronic transmission or otherwise, any Content derived
from OnRebate.com to either a foreign national or a foreign destination in
violation of such laws.
IV. ONLINE CONDUCT
User agrees to use OnRebate.com only for lawful purposes.
User is prohibited from posting on or transmitting through OnRebate.com any
unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar,
obscene, sexually explicit, profane, hateful, racially, ethnically, or
otherwise objectionable material of any kind, including but not limited to any
material that encourages conduct that would constitute a criminal offense, give
rise to civil liability, or otherwise violate any applicable local, state,
national, or international law. If OnRebate.com is notified of allegedly
infringing, defamatory, damaging, illegal, or offensive Content provided by
User (e.g., through a posting on a User bulletin board), OnRebate.com may
investigate the allegation and determine in its sole discretion whether to
remove or request the removal of such Content from OnRebate.com. OnRebate.com
may disclose any Content or electronic communication of any kind (i) to satisfy
any law, regulation, or government request; (ii) if such disclosure is
necessary or appropriate to operate OnRebate.com; or (iii) to protect the
rights or property of OnRebate.com, its Users or Providers. OnRebate.com
reserves the right to prohibit conduct, communication, or Content that it deems
in its sole discretion to be harmful to individual Users, OnRebate.com, the
communities that make up OnRebate.com, or any rights of OnRebate.com or any
third party, or to violate any applicable law. Notwithstanding the foregoing,
neither OnRebate.com nor its Providers can ensure prompt removal of
questionable Content after online posting. Accordingly, neither OnRebate.com,
nor its affiliates, nor any of their officers, directors, employees, or agents,
nor Providers shall assume liability for any action or inaction with respect to
conduct, communication, or Content on OnRebate.com.
V. PRIVACY POLICY
In accordance with the terms of OnRebate.com's Privacy
Policy, OnRebate.com respects the privacy of its Users.
VI. TERMINATION OF USAGE
OnRebate.com may terminate User's access, or suspend any
User's access to all or part of OnRebate.com, without notice, for any conduct
that OnRebate.com, in its sole discretion, believes is in violation of any
applicable law or is harmful to the interests of another User, a third-party
Provider, a service provider, or OnRebate.com.
VII. APPLICABLE LAW
This site is created and controlled by OnRebate.com in the
State of Florida. As such, the laws of the State of Florida will govern these
disclaimers, terms and conditions, without giving effect to any principles of
conflicts of laws. OnRebate.com reserves the right to make changes to its site
and these disclaimers, terms and conditions at any time. User hereby
irrevocably and unconditionally consents to submit to the exclusive
jurisdiction of the courts of the State of Florida and of the United States of
America located in the State of Florida for any litigation arising out of or
relating to use of or purchase made through OnRebate.com (and agrees not to
commence any litigation relating thereto except in such courts), waives any
objection to the laying of venue of any such litigation in the Florida Courts
and agrees not to plead or claim in any Florida Court that such litigation
brought therein has been brought in an inconvenient forum.
VIII. SEVERABILITY
The provisions of these Terms of Use are intended to be severable. If for any
reason any provision of these Terms of Use shall be held invalid or
unenforceable in whole or in part in any jurisdiction, such provision shall, as
to such jurisdiction, be ineffective to the extent of such invalidity or
unenforceability without in any manner affecting the validity or enforceability
thereof in any other jurisdiction or the remaining provisions hereof in any
jurisdiction.
ACKNOWLEDGMENT
The Terms of Use, including all documents referenced herein, represents the
entire understanding between you and OnRebate.com regarding your relationship
with OnRebate.com and supersedes any prior statements or representations.
YOU AGREE TO BE BOUND BY THE TERMS OF USE by using the
OnRebate.com web site.
The aforementioned Terms of Use are subject to change.