savemoredeals Terms & Conditions
Please read these Terms and Conditions (“Terms and Conditions” or “Agreement”) carefully. This agreement affects your rights.
Ebates Performance Marketing, Inc. dba savemoredeals Rewards (“savemoredeals” or “we”) makes available shopping programs (“Programs”) through www.savemoredeals.com and related mobile and software applications (“savemoredeals Properties”) under these Terms and Conditions. savemoredeals is part of the savemoredeals Group, which includes the affiliates and subsidiaries of our parent company, savemoredeals Group, Inc., based in Tokyo, Japan.
This Agreement constitutes a legally binding agreement between each individual who enrolls in any of the Programs (“Member”) or otherwise uses any one of the savemoredeals Properties. If you are a Member or use any of the savemoredeals Properties, YOU AGREE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY All OF ITS TERMS AND CONDITIONS.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DISCONTINUE PARTICIPATION IN AND USE OF THE PROGRAM(S) AND TERMINATE YOUR PROGRAM ACCOUNT IMMEDIATELY.
NOTICE REGARDING DISPUTE RESOLUTION: THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND savemoredeals HAVE AGAINST EACH OTHER ARE RESOLVED. YOU AGREE TO THE MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISIONS, DESCRIBED FULLY IN SECTION 4 BELOW, TO RESOLVE ANY DISPUTES WITH THE COMPANY, EXCEPT FOR THOSE MATTERS THAT MAY BE TAKEN TO SMALL-CLAIMS COURT IN THE EXCLUSIVE VENUE AS PROVIDED IN SECTION 23.2.
1. CHANGES TO THE TERMS AND CONDITIONS
1.1 savemoredeals may at its discretion modify, update, add to, discontinue, remove or otherwise change these Terms and Conditions at any time. Each such modification will take immediate effect upon notification to you. savemoredeals may provide you with notices, including those regarding changes to these Terms and Conditions, by website, email, regular mail, text message, in-app messaging, or other reasonable means now known or hereinafter developed.
1.2 Your continued use of the savemoredeals Property following any such notifications constitutes your acceptance of such modifications and your agreement to be bound by these Terms and Conditions. If you do not agree to any modification of these Terms and Conditions, your sole remedy is to terminate your Account by accessing your Account’s Privacy Preferences. The most current version of these Terms and Conditions will be available on our website and supersedes previous versions.
2. PROGRAM ACCOUNT
2.1 Our Programs are not available to and should not be accessed or used by residents outside of the 50 United States or Washington D.C.. To become a Member, you must be at least 18 years old and provide your email address and password for savemoredeals to create your Program account (“Account”). Each person is limited to one Account. To redeem certain offers and promotions and use services offered by our other Programs, you may elect to provide us additional information. Information that you submit through one of our Programs may be saved and available for your use in our other Programs, including, without limitation, any saved payment card information. Any and all information collected from you shall be subject to our Privacy Policy, which is hereby incorporated by reference.
3. INFORMAL DISPUTE RESOLUTION
3.1 We would like an opportunity to address your concerns without a formal legal case. Before filing a claim against savemoredeals, You agree to try to resolve the dispute informally by submitting your request through our Member Services page. Please be sure to select “It’s something else” under Topics in your request. We will try to resolve the dispute informally by contacting you in writing via email. If a dispute is not resolved within 30 days of submission through this form, you or Company may bring a formal proceeding.
4. DISPUTE RESOLUTION BY BINDING ARBITRATION; CLASS ACTION WAIVER
4.1 You and savemoredeals agree to arbitrate any and all disputes, claims, or controversies arising out of, in connection with, or relating to this Agreement, savemoredeals business, any of the Programs or the savemoredeals Properties, and relationship with you, including any claims that may arise after the termination of this Agreement. This agreement to arbitrate includes any claims against savemoredeals employees, agents or any subsidiaries of savemoredeals. Arbitration is a method of claim resolution that is less formal than a traditional court proceeding in state or federal court. It uses a neutral arbitrator instead of a judge or jury and the arbitrator’s decision is subject to limited review by courts.
4.2 All disputes concerning the arbitrability of a claim (including disputes about the scope, interpretation, breach, applicability, enforceability, revocability or validity of this Agreement) shall be decided by the arbitrator. The arbitrator shall also decide whether any claim is subject to arbitration. You further agree that the U.S. Federal Arbitration Act and federal arbitration law shall govern the interpretation and enforcement of this agreement to arbitrate.
4.3 CLASS ACTION WAIVER: YOU AND COMPANY ALSO AGREE THAT EACH IS GIVING UP THE RIGHT TO A JURY TRIAL AND THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT OR REPRESENTATIVE PROCEEDING, CONSOLIDATED ACTION, OR PRIVATE ATTORNEY GENERAL ACTION. This means that neither you nor savemoredeals can seek to assert class or representative claims against each other either in court or in arbitration and no relief can be awarded on a class or representative basis. The arbitrator also may not consolidate or join another person’s claim with your claim or issue an order that would achieve the same result. You and the savemoredeals further agree that if the provisions of this paragraph, known as the “Class Action Waiver,” are found to be unenforceable, it cannot be severed from this arbitration agreement and the entire provision compelling arbitration shall be null and void.
4.4 To the extent possible under your local law, the arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules or pursuant to JAMS' Streamlined Arbitration Rules and Procedures (“Rules”). The Rules are available online at www.jamsadr.com. The arbitrator is bound by the terms of this Agreement. If your claim in arbitration is for less than $10,000, savemoredeals will reimburse you for filing and arbitrator fees at the conclusion of the proceeding unless your claim is found to be frivolous by the arbitrator. The exclusive venue for any dispute or issue arising out of this Agreement shall be held in San Francisco County, California.
4.5 Notwithstanding any provision in this Agreement to the contrary, you agree that if we make any future, material change to this arbitration provision, you may reject any change by sending us written notice within thirty (30) calendar days of the change to Ebates Performance Marketing, Inc. DBA savemoredeals Rewards, 800 Concar Drive, Suite 175, San Mateo, CA 94402, Attn: savemoredeals Rewards Legal. Your decision to reject changes in a new arbitration provision, however, does not affect any prior arbitration provisions to which you have already agreed, which would still remain in effect.
4.6 This arbitration provision is optional. You may decline or opt out of this agreement to arbitrate by sending written and signed notice to Ebates Performance Marketing, Inc. dba savemoredeals Rewards, 800 Concar Drive, Suite 175, San Mateo, CA 94402, Attn: Legal within thirty (30) calendar days of enrolling as a Member or accessing a savemoredeals Property for the first time.
4.7 Judgment upon the arbitration award may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.
5. PROGRAM LICENSE
5.1 Subject to this Agreement, we hereby grant you a non-exclusive, non-transferable license (without the right to sublicense) to access and use the savemoredeals Properties for your personal use to access the Program(s). You agree that you obtain no rights other than the rights and licenses expressly granted in this Agreement. savemoredeals reserves the right to change, upgrade or discontinue the Program, any savemoredeals Property, and any feature of the Program or the savemoredeals Properties, at any time, with or without notice. All rights not expressly granted under this Agreement are reserved by savemoredeals or its licensors.
6. PROGRAM RESTRICTIONS
6.1 You agree that you will not, and will not permit others to: (i) damage, interfere with or unreasonably overload the savemoredeals Properties; (ii) introduce into the savemoredeals Properties any code intended to disrupt the Program; (iii) alter or delete any information, data, text, links, images, software, chat, communications and other content available through the savemoredeals Properties (collectively, “Content”); (iv) access the Program or the savemoredeals Properties by expert system, electronic agent, “bot” or other automated means or frame the program or the savemoredeals Properties within any applications; (v) use scripts or disguised redirects to derive financial benefit from savemoredeals; (vi) modify, reverse engineer, reverse assemble, decompile, copy or otherwise derive the source code of any savemoredeals Property for any reason; (vii) rent, sell or sublicense any of the savemoredeals Properties; (viii) provide any unauthorized third party with access to the Program; (ix) access or attempt to access confidential Content through the savemoredeals Properties or attempt to circumvent any security, Content protection, or authentication measure associated with the savemoredeals Properties; (x) interfere with the operation of the Program, including, but not limited to, distribution of unsolicited advertising or mail messages and propagation of computer worms and viruses; (xi) post any material in any form whatsoever on the savemoredeals Properties or within the Program that is defamatory, obscene or otherwise unlawful or violates any third party’s right of privacy or publicity; (xii) infringe any third party’s patent, copyright, service mark, trademark or other intellectual property right of any kind or misappropriate the trade secrets of any third party in connection with your use of the Program or the savemoredeals Properties; (xiii) engage in any activity that does not comply with applicable law and regulations or otherwise engage in any illegal, manipulative or misleading activity through the use of the Program; (xiv) use the manual or automated software, devices or other processes to "scrape," "crawl," "spider" or index any page of Content from the savemoredeals Properties; (xv) attack the savemoredeals Properties via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; or (xvi) otherwise attempt to interfere with the proper working of the savemoredeals Properties.
7. PROGRAMS
7.1 Cash Back. We offer the ability for Members to earn cash back (“Cash Back”) on their purchases completed through the savemoredeals Properties. savemoredeals receives compensation for referring buyers to the retailers, brands, merchants and other partners participating in this Program (“Affiliate Stores”). savemoredeals gives a portion of this fee to its Members as Cash Back. Compensation received by savemoredeals may play a part in whether retailers and products appear on our site, where they are placed, and how we promote them to you. Participation in this Program and the opportunity to earn Cash Back are offered at the sole discretion of savemoredeals and subject to your compliance with this Agreement.
(a) Online Cash Back. In order to earn Cash Back online, you must register for an Account, be signed in to one of the savemoredeals Properties use the shopping links within the savemoredeals Properties, and complete your purchase transaction during the same shopping session you started after clicking on the shopping link. If you visit other sites before completing your purchase or use coupons not provided by savemoredeals, your purchase might be associated with a service other than savemoredeals and you might not earn Cash Back on your purchase. If you disable “cookies” on your computer so that the cookies are not operational when you complete your purchase transaction, you will not be able to earn Cash Back because cookies are used to authenticate the user and verify whose Member Account is eligible for the Cash Back.
(b) In-Store Cash Back. savemoredeals may also offer you the opportunity to earn Cash Back on purchases made in store (“In-Store Cash Back”) at certain physical Affiliate Store locations. In order to be eligible for In-Store Cash Back, you must link your payment card to an “in-store” offer (“Card Linked Offer”) and subsequently using such payment card to complete the purchase transaction in accordance with the terms of the Card Linked Offer. The terms of the In-Store Cash Back Terms & Conditions and the terms accompanying each Card Linked Offer will govern how In-Store Cash Back is earned and paid to the extent they vary from this Agreement.
7.2 savemoredeals APPLICATIONS. savemoredeals may make available software applications (“savemoredeals Applications”) to allow you to access our Programs without visiting www.savemoredeals.com. savemoredeals Applications include our mobile app and browser extension and for purposes of this Agreement, are expressly included in all references to savemoredeals Properties.
(a) Cash Back Shopping with savemoredeals Applications. When you are interacting with the savemoredeals Applications, we will collect information about the coupons, deals, merchants, products, and offers you click on. In addition, the savemoredeals Applications may alert you of a deal or offer available that you had previously selected but had not purchased at an Affiliate Store site. savemoredeals Applications may also collect information about your shopping behavior within your browser session for internal testing purposes. Information collected by the savemoredeals Applications for these purposes will include date and time of use, browser type, browser version, device type, URLs of web pages visited, general information about the visited web page, product searches, product search results, information about products added to cart, and other product information. savemoredeals may collect this information from certain merchants and not all Affiliate Stores. The savemoredeals Applications will also collect and use data, such as the order contents and order total, from order confirmation pages so we may confirm your Cash Back faster and more reliably (“Instant Cash Back”). Instant Cash Back may not be available at all Affiliate Stores. We do not intentionally collect nor use other types of information that may be included on an Affiliate Store’s order confirmation page, such as your address or partial payment information, although this information may be incidentally captured to the limited extent it is displayed by the Affiliate Store. Any data collected by the savemoredeals Applications will be used, stored, and/or disclosed in accordance with our Privacy Policy. You can also stop all collection of information by the savemoredeals Application by uninstalling it.
(b) Cash Back Shopping with the Browser Extension. The Browser Extension is made available to enhance your shopping experience with www.savemoredeals.com by providing you with relevant offers and references displayed on your browser. If you elect to install the Browser Extension, the Browser Extension will display Cash Back shopping opportunities. The Browser Extension will prompt you to start your Cash Back shopping session via www.savemoredeals.com. The Browser Extension will alert you of coupon opportunities and will also alert you of a deal or offer available through www.savemoredeals.com with respect to a product or brand appearing in your search results or on other pages you visit across the web, and prompt you to start a shopping session at one of our Affiliate Stores. If you start a shopping session using the Browser Extension, it will set a cookie (or other similar tracking technologies) on your device through our affiliate network for the purpose of tracking your shopping session and crediting your Cash Back reward — just as if you had begun your shopping experience via any of our links to Affiliate Store sites on www.savemoredeals.com. Please note, however, that if cookies or other similar tracking devices from other affiliate marketing companies related to that Affiliate Store are already present on your computer, the Browser Extension will not automatically overwrite those cookies or shopping session but may still offer you the ability to start a Cash Back shopping session when you arrive at an Affiliate Store’s website.
(c) Browser Extension Features. The Browser Extension also has some functionality that does not depend upon your interaction with it. By installing the Browser Extension, you enable savemoredeals to automatically collect information on the pages you visit on your browser so that we can surface relevant offers, such as when coupons are available at a merchant or when Cash Back and/or coupons are available with our Affiliate Stores. The Browser Extension will also collect information on the results pages of any searches you make so it can surface offers and deals where they are relevant (for example, the Browser Extension will display a Cash Back offer within a search engine results page that is related to those search results or a dining offer on a restaurant review website).
(d) Autofill. When you complete a purchase at an Affiliate Store through the savemoredeals mobile app, we may offer you the option to store the billing and payment information from your order confirmation page so that it may be available for use on future purchases or Program experiences (“Autofill Profile”). You can update or delete the information in your Autofill Profile at any time by navigating to savemoredeals Autofill from the My Account section of the savemoredeals mobile app. Autofill may not be available on all Affiliate Stores.
(e) Your Choices with savemoredeals Applications. You may turn off certain features of savemoredeals Applications by updating the options within the Settings of the savemoredeals Application or device or browser settings. When using our mobile application, your preferences for receiving push notifications and other mobile alerts can be configured in the settings of your mobile device.
(f) Export Control of savemoredeals Applications. savemoredeals Applications and their underlying information and technology may not be exported or re-exported into any country to which the U.S. has export restrictions, including U.S. embargoed goods or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. You represent and warrant that you are not located in, under the control of or a national or resident of any such country or on any such list of export restriction, and that you will otherwise comply with all applicable export control laws.
8. CASH BACK EXCLUSIONS
8.1 CASH BACK IS EARNED ON YOUR NET PURCHASE AMOUNT, WHICH EXCLUDES TAXES, FEES, SHIPPING, GIFT-WRAPPING, DISCOUNTS OR CREDITS, RETURNS OR CANCELLATIONS, AND EXTENDED WARRANTIES. PURCHASES WITH GIFT CARDS MAY NOT QUALIFY FOR CASH BACK IF EXCLUDED IN THE TERMS OF OFFER BY AN AFFILIATE STORE. CASH BACK AMOUNTS VARY BY AFFILIATE STORE AND PRODUCT CATEGORY AND MAY CONTAIN EXCLUSIONS IN THE TERMS OF THE OFFER AND THE APPLICABLE STORE PAGE. PLEASE REVIEW THESE TERMS CAREFULLY.
9. STORE POLICIES
9.1 A product purchased from any Affiliate Store, whether online or in store, is governed by and subject to the applicable Affiliate Store policies, including applicable exchange and shipping policies. You agree that we are not agents of any Affiliate Store and that the Affiliate Stores operate independently and are not under our control. Accordingly, your participation in offers or promotions of, or correspondence with, any Affiliate Store is solely between you and that Affiliate Store. We do not assume any liability, obligation or responsibility for any part of such correspondence, offer or promotion, including, without limitation, the withdrawal or modification of any such offer or promotion. savemoredeals 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.
10. BONUSES AND OTHER REWARDS
10.1 savemoredeals periodically offers bonuses or rewards for referring new Members to the Program or for other specific actions. Participation in our Refer-A-Friend Program or Welcome Bonus Program is subject, as they apply, to our Referral Program Terms or Welcome Bonus Program Terms. In order to be eligible for bonuses and other rewards offered by savemoredeals, you, and as applicable any participants must be located and be a resident of the 50 United States or Washington D.C. Bonus offers cannot be stacked. The terms and conditions accompanying such offers will govern how they are earned and paid if the terms and conditions differ from this Agreement. All bonuses and rewards are subject to review. savemoredeals reserves the right to withhold, deny or cancel any bonuses and/or rewards and/or terminate your Account if savemoredeals, in its sole discretion, deems your redemption of any bonuses and/or rewards are fraudulent as described further in Section 12.3 below, abusive, unethical, suspicious or otherwise inconsistent with any terms and conditions that accompany any offer, this Agreement or any other applicable law or regulation. savemoredeals decisions are final.
11. PAYMENT OF CASH BACK AND OTHER REWARDS
11.1 Requirements. As a condition of payment of accrued Cash Back or other rewards, you must: (i) establish and maintain an Active Account (defined below); (ii) provide a valid email address that you own and are able to receive email; (iii) provide a password to protect your Account; and (iv) provide your physical address. If you elect to receive payment via PayPal, you must provide a valid PayPal email address and not use a PayPal account associated with another Program Account. A single PayPal email address cannot be connected to multiple Program Accounts. Additionally, you must not be a resident of a country subject to economic or trade sanctions by the U.S. State Department or U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”), be listed as a “Specially Designated National,” a “Specially Designated Global Terrorist,” a “Blocked Person” or similar designation under the OFAC sanctions regime, or be a resident outside of the 50 United States or Washington D.C. You further agree to provide additional information we may reasonably request to verify your identity as a condition for receiving payment.
11.2 Cash Back Payments. The minimum payment amount for Cash Back and other Cash Back Program rewards is $5.01. Balances below $5.01 remain in your Account for potential payment during the next payment period. savemoredeals pays members in U.S. dollars via check, PayPal or other payment options as savemoredeals may make available from time to time. Members may select or change their payment options in the account settings through the savemoredeals Properties. savemoredeals pays its Members confirmed Cash Back and Cash Back Program related rewards in accordance with the current payment schedule. Cash Back displayed in your account may be a combination of confirmed and pending amounts. Cash Back is not payable until it is confirmed. The rate at which Cash Back updates from pending to confirmed will vary depending on the Affiliate Store, the Affiliate Stores’ policies and reporting schedules, the nature of the item(s) purchased, and other fraud risk factors Cash Back for travel-related purchases typically does not become confirmed until after travel has been completed. savemoredeals reserves the right to delay payment for any purchase based on savemoredeals suspicion or detection of fraud with your Account, the misattribution of your Cash Back rewards by an Affiliate Store, any anomaly’s detected by savemoredeals with your account, changes to Affiliate Store policies at any time. savemoredeals also reserves the right to modify the payment schedule at any time. savemoredeals is not responsible for payments delivered to the wrong address through no fault of savemoredeals or for payment errors made by payment partners, like PayPal. If your check expires without being cashed or deposited, or if it is returned uncashed to savemoredeals, the payment amount will be returned to your Account, where it may be subject to inactive account maintenance charges described in Section 12.2 below or subject to state abandoned property law, unless you take the proper steps to restore your Account to Active status.
11.3 Gift Cards. Periodically, savemoredeals may offer gift cards in connection with a promotion or as a redemption option for your Cash Back. Gift cards are subject to the terms and conditions of the gift card issuer and the applicable Affiliate Store policies. savemoredeals is not responsible for lost or stolen payments, including gift cards. Gift cards for sign up bonuses are issued in the form of physical gift card, require a United States address, and are only redeemable within the United States (excluding U.S. territories).
11.4 Account Adjustments. In our sole discretion, we may deduct Cash Back from your account to make adjustments for returns and cancellations with respect to Cash Back Program purchases. Any such adjustments will be made in accordance with this Agreement, any applicable savemoredeals policies and terms, the terms of the Affiliate Store offer and any and all applicable laws, rules and regulations. The determination of whether a purchase made through an Affiliate Store qualifies for Cash Back is at the sole discretion of savemoredeals. If an Affiliate Store fails to report a transaction to savemoredeals or fails to make payment to savemoredeals for any reason, savemoredeals reserves the right to cancel the Cash Back associated with that transaction. 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 believe that Cash Back has not been correctly credited to your account, you must contact savemoredeals Member Services within ninety (90) days of the transaction. In addition, savemoredealsmay make account adjustments for any Cash Back that savemoredeals, in its sole discretion, deems as fraudulent, abusive, unethical, suspicious or otherwise inconsistent with the Referral Program Terms, this Agreement or any other applicable law or regulation. savemoredeals decisions are final. Should you disagree with any adjustments made to your account or payments made to you, your sole remedy is to terminate your account.
11.5 Taxes. You may be taxed on your receipt of bonuses and other consideration (merchandise, travel, etc.) for member referrals or other promotional activities (such as prizes from a sweepstakes) depending on the tax laws of federal, state and local jurisdictions. You will be solely responsible for any tax liability arising out of the consideration received in connection with any member referrals or promotional activities.
12. ACCOUNT MAINTENANCE
12.1 Updating Your Account. You agree to keep your Account information current, complete and accurate by periodically updating the information through the savemoredeals Properties. You must be logged into savemoredeals and enter your password to change your Account information and payment preferences. You may check your Account status and recent purchase and/or earning history at any time via the savemoredeals Properties. You will maintain the confidentiality of your Account information, including username and password by which you access the Program. Any use of your username and password will be deemed to be your use, and savemoredeals is entitled to act on instructions received under your password and is not responsible for any credits or debits made to your account by someone else who uses your password. If there is a breach of security through your Account, you will immediately change your password and notify us of such breach. You agree that, unless you have first notified us immediately of any such breach, we should assume that any instruction transmitted using your username and password is yours and has been authorized by you, and we will have no obligation to inquire into the propriety of such instruction.
12.2 Account Activity. An Active Account means you must have shopped or started a shopping trip via the savemoredeals Properties within the past twelve (12) months. Except where prohibited by applicable law, if you have not shopped or started a shopping trip via the savemoredeals Properties for more than twelve (12) consecutive months, savemoredeals reserves the right to debit your Account balance five dollars ($5.00) per month (“Maintenance Fee”) to recover the cost of account maintenance in its normal course of business until you reactivate your Account by shopping or starting a shopping trip via the savemoredeals Properties or until your account balance is zero. If your account remains inactive for more than thirty-six (36) consecutive months and the balance in your inactive account is or becomes zero, savemoredeals reserves the right to close the Account permanently and cease to maintain your Account records and Program access. Maintenance Fees are nonrefundable, but will not cause your account balance to become negative, and will not cause you to owe money to savemoredeals.
12.3 Fraudulent Activity. We reserve the right to investigate any purchase transactions, referral activity, or interaction with any savemoredeals Property that we suspect, in our sole discretion, is abusing or has abused the Program. We reserve the right to rescind any Cash Back, bar further Cash Back awards and/or bonuses, and/or terminate any Member Account that we believe, in our sole discretion, is abusing or has abused the Program, including, without limitation, by engaging in a pattern of returning products after the corresponding Cash Back has been credited or making fraudulent referrals by creating multiple Accounts. Multiple Accounts created under the Refer-A-Friend Program with the same name, name on orders, payment method on orders, address, email address, PayPal account, or other identifying feature may be flagged as fraudulent referrals. Any failure to comply with this Agreement, any fraud or abuse relating to the accrual or receipt of Cash Back or other rewards and bonuses, or any misrepresentation of any information furnished to savemoredeals by you or anyone acting on your behalf may result in the termination of your Account and forfeiture of any accrued Cash Back rewards. If savemoredeals has any reason to suspect fraudulent activity is associated with your Account, savemoredeals reserves the right to delay or withhold payment of Cash Back. Any suspected or actual cases of fraud activity will be escalated and reviewed in accordance with our fraud process. savemoredeals decisions are final.
13. RECEIVING COMMUNICATIONS
13.1 By signing up to be a Member, you agree to receive communications and notices by electronic mail. Our communications may be account- and membership-related (e.g., that we’ve added money to your account, that a purchase has been made, that we are mailing you a check on a certain date, etc.) as well as periodic shopping-related emails that highlight coupons and special deals available to savemoredeals Members. We may communicate with you regarding the Program by electronic mail or direct mail using information you provide to us. Your consent to receive electronic communications includes any notices or other information that we may be required by law to provide you in writing or otherwise. You agree to keep us apprised of your current email address should the same change after the date you become a Member. We may also send you push notifications if you install the mobile application. If you elect to provide us a mobile number, we may use it to contact you when you make account updates or for account recovery purposes. You may receive recurring messages from us during those account changes. Standard message rates apply, and carriers are not responsible for any delayed or undelivered messages. You may opt out of receiving certain communications in accordance with our Privacy Policy.
14. COMPANY APPLICATIONS
14.1 Company may make available software applications (“Company Applications”) to allow you to access our Programs without visiting www.savemoredeals.com. For purposes of this Agreement, references to Company Properties shall include Company Applications. Company Applications and their underlying information and technology may not be exported or re-exported into any country to which the U.S. has export restrictions, including U.S. embargoed goods or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. You represent and warrant that you are not located in, under the control of or a national or resident of any such country or on any such list of export restriction, and that you will otherwise comply with all applicable export control laws.
15. THIRD-PARTY PLATFORMS
15.1 When you access or use the Company Properties, we may make available services from one or more third parties (“Third-Party Platforms”). The Company Properties support Third-Party Platforms, including Apple, Facebook, and Google to make it easier for you to sign in or create your Account. Any use of Third-Party Platforms to create and access your Account is subject to the terms and conditions and privacy policies of such third parties (“Third-Party Terms”).
16. YOUR FEEDBACK
16.1 You may be invited to provide us feedback, comments, ideas, suggestions, reviews and other information about our Programs (“Feedback”) through the savemoredeals Properties, by our member services or through one of our service providers, like Trustpilot. You hereby grant to savemoredeals and its affiliates and agents a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute and display the Feedback in any media and for any legal purpose, including, without limitation, the right to use such Feedback in advertising and promotional materials and to enhance or improve our products and services and the products and services of its affiliates.
17. COMMUNITY STANDARDS
17.1 By participating in the Program, you are becoming a Member of a community that depends on the goodwill and responsible behavior of each of our Members. Members are required to refrain from transmission or communication of images or text constituting ethnic slurs, obscenities, sexually explicit material, inflammatory or derogatory comments, or anything else that may be construed as harassing or offensive, which is targeted at the Program, the savemoredeals Properties, our employees, contractors or agents, our Affiliate Stores, or other Members. This includes communications by means of social media or other Internet posts that violate the above community standards or promote or encourage gaming or fraudulent behavior. Members who violate this provision, as determined by us in our sole discretion, may have their access to the Program suspended or terminated without prior notice.
18. OWNERSHIP
18.1 All right, title and interest in the Program, the savemoredeals Properties and the Content belong to savemoredeals or its licensors. Additionally, savemoredeals shall maintain all right, title and interest in the “savemoredeals” mark, the “Ebates” mark, the savemoredeals logo, the Ebates logo and any other marks, service marks, trademarks or logos of savemoredeals and its affiliates (“savemoredeals Marks”). The savemoredeals Marks may not be used in connection with any product or service that is not savemoredeals or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits savemoredeals or implies a partnership, sponsorship, or endorsement by savemoredeals. You shall not by any means bid on any keywords with any search engine containing “savemoredeals,” “Ebates” or anything substantially similar to “savemoredeals,” “Ebates,” “Buy.com” or any other savemoredeals Mark including, without limitation, savemoredeals.com, savemoredeals.ca, Ebates.com, Buy.com, BFAds.net or Ebates.ca. You shall not mention or use savemoredeals in any ad text, extensions or banner ads without the express written consent of savemoredeals. All other trademarks not owned by savemoredeals that are used in the Programs are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by savemoredeals.
19. INDEMNIFICATION
19.1 You agree to indemnify savemoredeals, our Affiliate Stores, as well as their respective officers, directors, employees, successors, agents and affiliates, for any and all claims, damages, losses and causes of action (including attorneys’ fees and court costs) arising out of or relating to your breach of this Agreement or for any materials in any form whatsoever that are provided by you (or through your username and/or password). You agree to cooperate as fully as reasonably required in our defense and/or settlement of any claim. We reserve the right, in our reasonable discretion, to assume exclusive control over the defense and settlement of any matter subject to indemnification by you.
20. WARRANTY DISCLAIMER
20.1 THE PROGRAM, CONTENT AND THE COMPANY PROPERTIES ARE PROVIDED “AS-IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS, RELIABILITY OR VALIDITY OF THE PROGRAMS, CONTENT OR THE COMPANY PROPERTIES, INCLUDING, WITHOUT LIMITATION, ANY PRODUCT SEARCH RESULTS, PRODUCT DESCRIPTIONS, AUTOFILL, INSTANT CASH BACK, PRICING INFORMATION ADVICE, OPINION, STATEMENT, RECOMMENDATIONS, REVIEWS OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED IN CONNECTION WITH ANY PROGRAM. IN ADDITION, WE MAKE NO WARRANTY AS TO PRODUCT AVAILABILITY, INCLUDING THE AVAILABILITY OF PRODUCT FEATURES AND FUNCTIONALITY SUCH AS COMMERCE CAPTURE, AUTOFILL, AND TARGETED MARKETING AND PERSONALIZATION WHICH AVAILABILITY MAY VARY BASED ON YOUR CASH BACK EXPERIENCE. COMPANY DOES NOT WARRANT THAT THE FUNCTIONALITY OF THE COMPANY PROPERTIES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THEY WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, COMPANY DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OR ACCURACY OF ADVERTISEMENTS FOR ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY ITS AFFILIATE STORES IN CONJUNCTION WITH THE PROGRAMS.
21. LIMITATION OF LIABILITY
21.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES OR FOR ANY LOSS PROFITS, LOSS DATA OR LOSS OF USE DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE COMPANY’S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED FIFTY U.S. DOLLARS ($50) OR THE MAXIMUM CASH BACK AMOUNT YOU RECEIVED IN THE LAST FOUR YEARS FROM THE DATE OF ACCEPTANCE OF THESE TERMS, WHICHEVER IS GREATER. THIS LIMITATION SHALL APPLY TO ANY AND ALL LIABILITIES OR CAUSES OF ACTION HOWEVER ALLEGED OR ARISING, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, BREACH OF CONTRACT, OR ANY OTHER CLAIM WHETHER IN TORT, CONTRACT, OR EQUITY.
22. TERMINATION OR SUSPENSION
22.1 This Agreement is effective when accepted by you and will remain in effect until you or we terminate your Account. You may terminate your Account by accessing your Account’s Privacy Preferences. We may terminate this Agreement, your Account, and your use of or access to the Program at any time, for any reason or no reason, including if your Account remains inactive per Section 12.2. Any violation of this Agreement or the rules and conditions of the Program may result in the termination of your Account and forfeiture of pending or prior Cash Back and other rewards. We may, in our sole discretion, at any time and without prior notice, discontinue, cancel, suspend, change or limit access to all or any part of the Program or any functionality, feature or other component of any savemoredeals Property. You agree that savemoredeals will not be liable to you or to any third party for any modification, suspension, or termination of the Program or your access to any of the savemoredeals Properties. If you are dissatisfied with any aspect of the Program at any time, your sole and exclusive remedy is to cease participating in the Program by terminating your Account by accessing your Account’s Privacy Preferences. Upon any termination of the Program, your right to use and access the Program, and the savemoredeals Properties, and to receive Cash Back and other rewards, will terminate. Termination will not prejudice either you or our remedies at law or in equity.
23. GENERAL PROVISIONS
23.1 Entire Agreement. These Terms and Conditions constitute the entire agreement between you and savemoredeals and govern your use of the Program or savemoredeals Properties superseding any prior agreements between you and savemoredeals with respect to the Program or savemoredeals Properties (including, without limitation, earlier versions of this Agreement that may have been accepted by you). Any representations, statements or agreements made or entered into elsewhere, whether directly or indirectly, written or oral or in advertising are not binding toward savemoredeals unless expressly confirmed in writing by savemoredeals to you. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other savemoredeals services, savemoredeals affiliate services, third party content or third party software.
23.2 Choice of Law and Venue. The validity, construction and interpretation of this Agreement and the relationship between You and savemoredeals, including the rights and duties of the parties, will be governed by the laws of the State of California in the United States without regard to its conflict of law provisions. This shall not limit the protection afforded to you by provisions that cannot be derogated from by agreement by virtue of applicable law. The exclusive venue for any dispute or issue arising out of this Agreement shall be held in San Francisco County, California.
23.3 Interpretation. Headings under this Agreement are intended only for convenience and shall not affect the interpretation of this Agreement.
23.4 Waiver and Severability of Terms. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any provision of this Agreement is held to be invalid, such invalidity shall not affect the remaining provisions, except as otherwise stated.
23.5 Assignment. You may not assign, transfer, or otherwise dispose of your rights and obligations under this Agreement, in whole or in part, without our prior written consent, and any such assignment without such consent will be null and void. savemoredeals has the right to transfer, assign or otherwise dispose of these Terms and Conditions without Your consent.
Updated: August 14, 2024