The Service is provided at www.RebateInformer.com (which may be referred to herein as "RebateInformer, " "RI, " "we, " or "us").
The Services described are provided on an AS IS and AS AVAILABLE basis. We disclaim any and all responsibility and liability for the availability, timeliness, security or reliability of the Services which are made available to you.
The website provides a download page for the application and features FAQs and support information for the software.
RebateInformer is a browser tool used to notify the user of cash back rebates and coupons offered by affiliate e-stores in search results and within e-stores. RebateInformer can be uninstalled completely and cleanly, leaving no leftover parts on the user’s computer.
Installation and Usage of RebateInformer Software
By installing and/or using RebateInformer software (“software”), you agree to the following:
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. We reserve the right to modify, refuse, suspend or discontinue the Service with or without notice at any time, for any reason, and without any liability. PLEASE SEE OTHER DISCLAIMERS BELOW.
Creating your Account. When you complete the registration process, and click the "Download" button for any of our Services, you create an account and agree to be bound by this TOU/EULA. If you do so on behalf of an entity of any kind, you are representing and warranting that you have the authority to accept this TOU/EULA on behalf of the entity, and the authority to bind the entity to this TOU/EULA. Your account allows you to participate in certain activities on the website. To create an account, you must select a login name and password. You may not use a login name that is used by someone else, and your login name cannot be vulgar, or otherwise offensive, or be used in any way that violates the TOU/EULA. You may not provide false information during the registration process. You must provide truthful and accurate information in creating your account. You are solely responsible for all activity on your account and for the security of your login name, password, computer system and/or related system and agree to keep this information secret. You may not reveal your password to other users. You agree to indemnify and hold us harmless for any improper or illegal use of your account. This includes illegal or improper use by someone to whom you have given permission to use your account. Your account is at risk if you let someone use it inappropriately and your account in any of our Services is subject to termination if you or anyone using your account violates the TOU/EULA. If you believe your account has been accessed without your authorization, you must notify us immediately by contacting Customer Support.
Third Party Links. We may provide links to other websites. Some of these websites may charge separate fees, which are not included in any subscription or other fees that you may pay to us. We may also provide access to or through third-party vendors, who provide content, goods and or services. Any separate charges or obligations you incur in your dealings with these third parties are your sole responsibility. You understand and agree that we have no control over the content, good or services of third party websites or vendors.
Termination. We and you both have the right to terminate or cancel your license at any time. You understand and agree that the cancellation of your license and discontinuing use of our Services is your sole right and remedy with respect to any dispute with us. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this TOU/EULA or our enforcement or application of this TOU/EULA; (2) the content available through this site or any change in such content; (3) your ability to access and/or use this site; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.
Note: As used below the terms “you” and “your” also includes persons you authorize to access the Services and/or Intellectual Property.
Copyright Notice. © RebateInformer.com, 2013. All rights reserved.
The Service is controlled and operated by us. The Service, and all materials accessible through the Services, including websites, website content and information, graphics, code, images, text, illustrations, logos, audio and video files (collectively "Intellectual Property"), are protected by copyrights, trademarks, service marks, or other proprietary rights owned or licensed by us. The compilation (meaning the collection, arrangement, and assembly) of all materials on the Services is our exclusive property and is protected by U.S. and foreign laws and international copyright treaties. Use or modification of our Intellectual Property in any form, including but not limited to use on or links from any other website or networked computer environment, without our express written authorization is a violation of our copyrights and other proprietary rights and is strictly prohibited. Any copies of documents contained on this website or portions thereof that you make must include the above copyright notice.
Documents published on this website may contain other proprietary notices or describe products, services, processes or technologies owned by us or by third parties. Except as expressly set forth herein, nothing contained herein shall be construed as us granting to the user a license under any copyright, trademark, patent or other intellectual property right of ours or any third party. Except as expressly granted to you under this TOU, all rights are reserved by us;
You may not link to this website, without prior consent from us, which consent may be withdrawn by us at any time, with or without notice, in our sole discretion.
DMCA Claims. You may notify us if your work has been copied in a way that you believe constitutes copyright infringement. In compliance with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2), we have designated a Copyright Agent to receive any such notification. Our Copyright Agent may be contacted at:
Designated Agent for DMCA Notices
c/o Walter Messick, Esq.
Galvan Messick, LLP
1900 Corporate Blvd., Suite 101 West
Boca Raton, FL 33431
If you wish to notify our Copyright Agent of a claim of copyright infringement and submit a DMCA notification, please provide written notice. Your notice must contain the following information:
Trademarks. "RebateInformer", "IR", and other marks, logos, and service names are our trademarks, trade names and/or trade dress or the trademarks, trade names and/or trade dress of our affiliates. None of our trademarks or our affiliates' trademarks may be used in connection with any product or service that is not ours or our affiliates', in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits us, or our affiliates. All other trademarks viewable from a search performed using the Service are the trademarks and/or registered trademarks of their respective owners.
License Granted. Subject to your compliance with all the terms and conditions of this TOU/EULA, and in consideration of your promises reflected in this TOU/EULA, we grant to you a limited license to make use of the Services. This license expressly excludes, without limitation, any resale, or modification of the Services or any portion thereof and making any derivative works based upon or distributing or copying the Services, except as expressly permitted hereunder. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of us and our affiliates without our express written consent. You may not use any Meta tags or any other "hidden text" utilizing our name or trademarks or those of our affiliates without our express written consent or that of our affiliates. Any unauthorized use terminates the permission or license granted by us in this paragraph. In addition, the license is subject to the following:
This Section defines the Acceptable Use Policy ("Policy") relating to the Service. You are responsible for continual compliance with this Policy. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations.
For example, you MAY NOT use the Services to create, share, submit, transmit, distribute, receive, provide access to or store any files, data information or material that:
If you become aware of any such activities, you are obligated to immediately notify us.
We reserve the right to suspend or terminate access to the Services upon notice of a violation of this Acceptable Use Policy. Indirect or attempted violations of this Policy, and actual or attempted violations by a third party on behalf of you, shall be considered violations of this Policy by you. Upon our determination, in our sole discretion, that you have violated our Acceptable Use Policy, we shall terminate your access to the Service without notice, and to the extent applicable, remove, or disable access to, any material that is in violation or claimed to be infringing or to be the subject of infringing activity.
We have the right, but not the obligation, to monitor any activity or Content associated with the Service. We may investigate any reported violation of our policies and take any action we deem appropriate, including terminating your access to the Service and any associated Content present on the Service without notice or recourse by you.
You expressly represent, warrant and covenant that you shall not upload, post or transmit to or distribute or otherwise publish through the Service any materials which (i) restrict or inhibit any other user from using and enjoying the Service, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, or (vi) constitute or contain false or misleading indications of origin or statements of fact.
We may report any activity we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. To cooperate with governmental requests, to protect our systems and users, to ensure the integrity and operation of our business and systems, or in response to subpoenas, court orders, or legal requirements, we may access and disclose any information we consider necessary or appropriate, including your contact details, IP addressing and traffic information, posted content, and web usage paths and may retain such information for appropriate law enforcement officials other third party enforcement personnel to the extent permitted by federal, state and local laws. By using the Service you expressly consent to the foregoing use and disclosure and agree to hold us and our affiliates harmless for any such actions.
You agree to indemnify, defend, and hold us harmless as well as any parent company, subsidiaries, affiliates (and each of our or their officers, directors, managers, employees, agents, representatives, information providers and licensors), against liability related to any claims, demands, including but not limited to reasonable attorney's fees, arising from or in any way related to any alleged violation of this TOU/EULA by you, use of the Services by any other person through you or using your computer or account, claims by third parties related to your use of the Services or in connection with your transmission of any content on or through the Service. This Section shall survive termination of this TOU/EULA.
YOU ARE USING THE SERVICES AT YOUR OWN SOLE RISK AND WE ARE UNDER NO OBLIGATION TO PROVIDE YOU WITH ANY SUPPORT, ERROR CORRECTIONS, UPDATES, UPGRADES AND/OR ENHANCEMENTS OF THE SERVICE.
YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. THE USER OF THIS WEBSITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE, THE SERVICES AND THE INTERNET GENERALLY.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE AND OUR AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR OWNERS, OFFICERS, MANAGERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES REPRESENT OR WARRANT (I) THAT THE SERVICES OR INFORMATION OR CONTENT PROVIDED THROUGH THE SERVICE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS OR MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE, OR FAULT-FREE; (II) THAT THE SERVICE WILL BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, OR SECURE; (III) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE WILL BE FREE FROM VIRUSES, "WORMS," "TROJAN HORSES" OR OTHER HARMFUL PROPERTIES; (IV) THAT THE SERVICES ARE NONINFRINGING. WE AND OUR AFFILIATES HEREBY DISCLAIM, AND YOU HEREBY WAIVE AND RELEASE US AND OUR AFFILIATES FROM, ANY AND ALL OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS OR REMEDIES IN CONTRACT OR TORT ARISING OUT OF OR IN CONNECTION WITH OR RELATED TO THIS TOU/EULA OR THE SERVICES.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR AFFILIATES, OR ANY OF OUR OR THEIR OWNERS, OFFICERS, MANAGERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, (INCLUDING LOSS OF PROFITS, BUSINESS, DATA, OR USE), PUNITIVE, EXEMPLARY OR OTHER DAMAGES (REGARDLESS OF THE FORM OF ACTION OR LEGAL THEORY), OR WHETHER WE HAVE BEEN WARNED OR INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR WHETHER A REMEDY FAILS OF ITS ESSENTIAL PURPOSE, INCLUDING WITHOUT LIMITATION ANY ACTION ARISING OUT OF (I) USE OF THE SERVICE BY ANY PERSON, INCLUDING BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY INFORMATION, (II) ANY USE OR INABILITY TO USE THE SERVICE FOR WHATEVER REASON, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED THROUGH THE SERVICE, OR (III) ANY GOODS OR SERVICES DISCUSSED, PURCHASED, OBTAINED, OR PARTICIPATED IN, DIRECTLY OR INDIRECTLY, THROUGH THE SERVICE, IN EACH CASE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT SOME REMEDY IS REQUIRED BY APPLICABLE LAW WITH RESPECT YOUR USE OF THE SERVICE, YOUR EXCLUSIVE REMEDY REGARDING THE SERVICE SHALL BE THE REPLACEMENT OF ANY SUCH SERVICE OR COMPONENT OF THE SERVICE FOUND TO BE DEFECTIVE. IN NO EVENT SHALL OUR CUMULATIVE LIABILITY OR OUR AFFILIATES' CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS OF DIRECT DAMAGES RELATING TO THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID FOR USE OF THE SERVICE DURING THE ONE-YEAR PERIOD PRECEDING THE CLAIM.
By accessing or using the Service(s), You:
DISPUTES AND ARBITRATION PROVISION. This TOU/EULA shall be construed, enforced and determined according to the laws of the State of Florida without regard for choice of law provisions. All parties and/or users agreeing to this TOU/EULA agree that any and all disputes, causes of actions or claims arising out of, in connection with or in any way related to this Agreement, or the products or services associated with this Agreement, shall be fully and finally settled in binding arbitration proceedings under the Rules of Arbitration of the American Arbitration Association in force at the time this Agreement is entered, by one arbitrator appointed in accordance with said Rules, with the specification that any such arbitral award shall be enforceable by any court having jurisdiction thereof. All parties seeking relief are to be bound by this arbitration provision as the sole method to determine any disputes arising from, in connection with, or related to this Agreement, including any actions to enforce or interpret this Agreement. Exceptions: You and we agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy or unauthorized use; and (3) any claim for injunctive relief. The arbitration proceeding shall be construed in accordance with the applicable laws of the American Arbitration Association. All Arbitration proceedings shall be held in Ft. Lauderdale, Florida.
All parties and/or users agreeing to this TOU/EULA agree that any and all disputes arising out of, in connection with or in any way related to this Agreement, or the products or services associated with this Agreement, shall be limited as to discoverable information which is requested pursuant to a subpoena, arbitration, discovery, or any other legal proceeding, by the following:
Last Updated: January 11, 2013