Rebate Key is a service by Rebate Key, Inc. (“Rebate Key”, “us”, “we” or “our”). We provide a service of rebates (“Rebate(s”) to buyers on www.rebatekey.com (the “Site”). Sellers list their items for sale on the Site and provide the URL to where the item can be purchased. Rebates are claimed through the Site, and we send the check to the buyer for the Rebate.
In order to qualify for a Rebate, you must: (i) be signed up for a Rebate Key account. You can set up your account here: https://rebatekey.com/buyer/sign_up.php and (ii) complete a purchase using the URL provided from the Site (“Qualified Purchase”). If you complete your purchase through another URL not associated through the Site, you may not be eligible to receive the Rebate. Once your information is received, your Rebate will be reviewed and approved by the Seller in their sole discretion. Rebate Key is not responsible for any unapproved Rebates. In addition, if you return the item subject to the Rebate, you forfeit your right to the Rebate and the amount will be deducted from your account.
Buyer Rebate Payment Requirements
As a condition of payment of applicable Rebates, you must establish and maintain an account with the information necessary to process your payment: your first and last name, a valid email address at which you are able to receive email, a valid postal address at which you are able to receive mail, and a password to protect your account. You further agree to provide additional information we may reasonably request to verify your identity as a condition for receiving payment.
As a condition of payment of applicable Rebates, you agree not to resell any products you purchased in connection with the Site. If you resell any products we reserve the right to cancel the Rebates and your account. You further agree not have more than one account per household. You agree not to claim more than one Rebate per unique product in connection with the Site. You further agree not to apply any additional promotional coupons or discounts when you claim Rebates in connection with the Site.
Rebate Key and its designees shall have the right to remove any Buyer Content, as determined in their sole discretion.
We pay Rebates to Buyer in U.S. dollars via check which will be sent to the address provided in your account. Other payment options may be made available in the future. The minimum payment amount is $10.00. Balances below $10.00 remain in your account for potential payment during the next payment period. Rebates are paid to you monthly. We reserve the right to modify the payment schedule at any time. It is your responsibility to keep your address in your account up to date. We are not responsible for payments delivered to the wrong address. If your check expires without being cashed or deposited, or if it is returned uncashed to Rebate Key, we will return the amount to your Account, however, it will be subject to a returned check fee in the amount of $5 which will be deducted automatically from your account.
In our sole discretion, we may deduct amounts from your Rebates in order to make adjustments for returns and cancellations with respect to Qualified Purchases. The determination of whether a purchase qualifies for a Rebate is at the sole discretion of Rebate Key. It is your responsibility to check your account regularly to ensure that your Rebates are accurately reflected and that your account balance is accurate. If you believe that a Rebate has not been correctly added to your account, you must contact Rebate Key Customer Service at email@example.com within sixty (60) days of the transaction. Should you disagree with any adjustments made to your account or payments made to you, your sole remedy is to cancel your account and cease using our Services. You will be solely responsible for any and all tax liability arising out of any payments you may receive from us.
Seller Store Policies; Rebate Approval; Seller Products
A product purchased from any Seller through the Site is governed by and subject to the applicable Seller’s store policies, including applicable exchange and shipping policies. We encourage you to read and understand these policies before making a purchase. You agree that we are not agents of any Seller and that the Sellers operate independently and are not under our control with respect to the Rebates or otherwise. Accordingly, your participation in offers or promotions of, or correspondence with, any Seller is solely between you and that Seller. We do not assume any liability, obligation or responsibility for any part of such correspondence, offer or Rebate, including, without limitation, the withdrawal or modification of any such offer or Rebate.
All matters concerning the products and services posted from a Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. Rebate Key makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider Rebate Key, nor will Rebate Key be construed as, a party to such transactions, whether or not Rebate Key may have received some form of revenue or other remuneration in connection with the transaction. You agree that Rebate Key will not be liable for any costs or damages arising out of such transactions, either directly or indirectly. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals. Rebate Key does not assume any responsibility or liability for the actions, product or content of all these and any other third parties. If you want to request a refund, you must request the refund directly from the Seller. To the extent that a purchase or a Rebate is cancelled or does not meet your expectations for any reason, you must contact the Seller and your sole and exclusive remedy with respect to the purchase is with the Seller and not with Rebate Key. All communications or disputes regarding Rebates or refunds are between the Seller and you. Rebate Key will not be responsible or liable in any way for Rebates, refunds, errors in issuing Rebates or refunds or lack of Rebates or refunds. In addition, Rebate Key is not responsible for the truth or accuracy of any Seller Content (defined below) or the ability of any Seller complete a transaction. Notwithstanding the foregoing, you may report the misconduct of any Seller and/or third parties in connection with the Site or any Services to us, and we, in our sole discretion, may investigate the claim and take action.
How to Become a Seller; Seller Accounts; Seller Content
To become a Seller and list your products and Rebates on the site, you must first sign up for a Seller account: https://rebatekey.com/seller/sign_up.php There will be no refunds to sellers, as the money from Rebate is sent to a Buyer.
By submitting products for sale on the Site, Sellers will be allowed to submit information, product descriptions, content, graphics, artwork or other copyrighted works and materials related to the products listed for sale (collectively, “Seller Content”). By sending or transmitting Seller Content to Rebate Key, or by posting such Seller Content to any area of the Site, SELLER HEREBY GRANTS REBATE KEY AND ITS DESIGNEES A PERPETUAL, WORLDWIDE, NON-EXCLUSIVE, UNLIMITED, TRANSFERABLE, FULLY SUBLICENSEABLE (THROUGH MULTIPLE TIERS), ASSIGNABLE, ROYALTY-FREE, FULLY PAID UP, IRREVOCABLE RIGHT AND LICENSE TO USE, REPRODUCE, DISTRIBUTE (THROUGH MULTIPLE TIERS), MODIFY, ADAPT, COMBINE WITH OTHER WORKS, CREATE DERIVATIVE WORKS OF, PUBLICLY PERFORM, DISPLAY, STORE, DIGITALLY PERFORM, PUBLISH (ON THE SITE, ON ANY OTHER WEBSITE(S), IN PRINT, RADIO, TELEVISION OR ELSEWHERE), IN ANY MANNER AND CONTEXT (INCLUDING BUT NOT LIMITED TO USAGE IN COMMERCIAL, ADVERTISING OR PROMOTIONAL MATERIALS), NOW KNOWN OR IN THE FUTURE DISCOVERED, IN REBATE KEY’S SOLE DISCRETION, IN ANY WAY, IN ANY AND ALL MEDIA NOW KNOWN OR HEREINAFTER DISCOVERED, WITHOUT LIMITATION AND WITHOUT ANY COMPENSATION OR ACKNOWLEDGMENT TO SELLER OR ANY THIRD PARTY. To the extent permitted by law, Seller specifically waive any “moral rights” in and to the Seller Content. The foregoing grant includes without limitation, any copyrights and other intellectual property in and to the Seller Content. None of the Seller Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Seller Content. If you have any Seller Content that you would like to keep confidential and/or do not want others to use, do not post it to the Site. REBATE KEY IS NOT RESPONSIBLE FOR A PARTY’S MISUSE OR MISAPPROPRIATION OF ANY SELLER CONTENT SELLER POSTS TO THE SITE.
Rebate Key reserves the right to delete from the Site any Seller Content and will cooperate fully with any law enforcement officials and/or agencies in any investigation, up to and including complete and immediate termination of your registration and/or accounts with Rebate Key. Rebate Key and its designees shall have the right to remove any Seller Content, as determined in their sole discretion. Seller agrees that Seller must evaluate, and bear all risks associated with, the use of any Seller Content, including any reliance on the accuracy, completeness, or usefulness of such Seller Content. In this regard, you acknowledge that you may not rely on any Seller Content created by Rebate Key or submitted to Rebate Key.
You shall not make any conditions for the buyers to be eligible to claim Rebates, e.g. ask them visit your site, leave a review, provide feedback, etc. You shall not prov ide obscure or confusing URLs, your URL must lead to the product detail page. You shall not manipulate the price of the product. The price listed on the Site must match the price on your marketplace.
Rebate Key and its designees shall have the right to remove any Seller Content, as determined in their sole discretion.
Termination or Suspension
These Terms and Conditions are effective when accepted by you and will remain in effect until you or we terminate your account. We may terminate these Terms and Conditions and your use of or access to the Site at any time, for any reason or no reason. Any violation of these Terms and Conditions may result in cancellation of your Account and/or forfeiture of pending or prior Rebates. 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 Site. You agree that Rebate Key will not be liable to you or to any third party for any modification, suspension, or termination of these Terms and Conditions or your access to the Site. If you are dissatisfied with any aspect of the Site or the Services at any time, your sole and exclusive remedy is to cease using the Site and the Services and terminate your account. Upon any termination of your account, your right to use and access the Services and to receive Rebates, will terminate. Termination will not prejudice either your or our remedies at law or in equity.
THE SITE AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, REBATE KEY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
Limitation of Liability
TO THE GREATEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NEITHER REBATE KEY NOR ANY OF ITS AFFILIATES, SHAREHOLDERS, LICENSORS, SUPPLIERS, OR ADVERTISERS, NOR ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE OR WILL BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR PRODUCTS CONTAINED ON THE SITE, ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, TO THE GREATEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT REBATE KEY SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (I) THE USE OR THE INABILITY TO USE THE SITE, PRODUCTS, SERVICES OR ANY LINKED SITE; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF REBATE KEY; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR ANY LINKED SITE; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE; (VII) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; (VIII) THE QUALITY, SAFETY OR LEGALITY OF PRODUCTS ADVERTISED ON THE SITE; AND/OR (IX) ANY OTHER MATTER RELATING TO THE SITE, OR REBATE KEY SERVICES. THE MAXIMUM TOTAL AGGREGATE LIABILITY OF REBATE KEY, ITS AFFILIATES, SHAREHOLDERS, LICENSORS, SUPPLIERS, ADVERTISERS AND SPONSORS, AND ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS AND OTHER REPRESENTATIVES, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ALL DAMAGES, LOSSES SUFFERED BY YOU AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF THE TOTAL AMOUNT OF MONIES RECEIVED BY REBATE KEY FROM YOU OR $100 USD.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
All right, title, and interest in the Site and the Services belong solely to Rebate Key or its licensors. Additionally, Rebate Key shall maintain all right, title, and interest in “Rebate Key” and any other marks, service marks, trademarks, or logos of Rebate Key (collectively, the “Marks”) that are registered in the U.S. and other countries. The Marks owned by Rebate Key, whether registered or unregistered, may not be used in connection with any product or service that is not offered by Rebate Key, in any manner that is likely to cause confusion with customers, or in any manner that disparages Rebate Key. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Mark without the express written permission of Rebate Key, Rebate Key’s licensors or suppliers, or the third-party owner of any such Mark. Misuse of any Marks is prohibited, and Rebate Key will aggressively enforce its intellectual property rights in such Marks, including via civil and criminal proceedings. You shall not mention or use Rebate Key in any ad text, extensions or banner ads without the express written consent of Rebate Key.
Governing Law; Dispute Resolution
The validity, construction, and interpretation of this Agreement, and the rights and duties of the parties hereto, will be governed by and construed in accordance with the laws of the State of California in the United States, without regard to conflicts of law provisions contained there. You agree that any dispute, claim or controversy arising out of or in connection with Rebate Key’s business, the Services or this Agreement or relating in any way to the Site shall be determined by binding 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. You also agree to waive the right to a trial by jury or to participate in a class action. These waivers are mutual as between you and Rebate Key, and Rebate Key waives its right to a trial by jury or to participate in a class action against you. This means that neither you nor Rebate Key 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 Rebate Key further agree that if the provisions of this paragraph are found to be unenforceable, then the entire provision compelling arbitration shall be null and void. You also agree that all issues are for the arbitrator to decide. This includes all issues related to the scope, application, interpretation and enforceability of this Agreement and this arbitration provision. The arbitrator shall also decide whether any claim is subject to arbitration. The arbitration will be governed by the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.com. The arbitrator is bound by the terms of this Agreement. If your claim in arbitration is for less than $50,000, Rebate Key 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. In lieu of arbitration, you may also elect to have your claims decided in small-claims court, so long as the small-claims court does not permit class, representative, or consolidated actions, or the award of relief in favor of any person or entity that is not a named party to the small-claims action.
You may not assign 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. Headings under this Agreement intended only for convenience and shall not affect the interpretation of this Agreement. 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. This Agreement represents the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or representations, written or oral (including without limitation, earlier versions of this Agreement that may have been accepted by you).
July 13, 2018