EcoRebates | Terms

Terms

Terms of Use

Effective as of January 1, 2010

Welcome to EcoRebates.com

EcoRebates, Inc. (“EcoRebates”, “we,” “us”) provides news, information, product and rebate data, as described in more detail below, through our website accessible at www.ecorebates.com (the “Site”) as well as other 3rd party websites who have embedded our search tools and on whose website you see a link to this page by clicking a hyperlink which has taken you to this page. The below applies to all information presented by us, whether on sites controlled by us or by 3rd party sites where our search tools and results are displayed (as denoted by “Powered by EcoRebates.com” on 3rd party sites) , collectively known as “the Services”. For purposes here, EcoRebates and Castanea Labs are equivalent legal entities.

Please read the following important terms and conditions (“Terms of Service”, “Terms”) carefully. These Terms of Service govern your access to and use of the Site and the Services, including any content, information, products or Services therein. This is a legal agreement between you and EcoRebates. EcoRebates reserves the right to change these Terms at any time without notice, effective immediately upon posting on the Site. Please check this page of the Site and the Services periodically for updates. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES.

1. Services
We make available to you on the Site and through the Services a variety of tools and information that allow you to research and find incentives for certain products. For instance, you can find rebates issued by 3rd parties for energy efficient appliances. We may provide you with links to the claim forms of these programs. You may also find 3rd party sources from whom you may chose to purchase these products. Notwithstanding the foregoing, the number and features of the tools and resources made available on the Site may vary at EcoRebates’ sole discretion, and EcoRebates does not make any representation that any particular tool or resource will be available at any given time or have certain features.

2. Use of the Site and the Services
a. You may only visit, view and retain a copy of pages and information available on the Site and from the Services for your own personal use, and you agree not to copy, duplicate, alter, reverse engineer, download, publish, modify, create derivative works, publicly display or otherwise distribute any Content (as defined below) on the Site of from the Services for any purpose other than for personal use. The information, software, text, images, input and output tools, data, illustrations, files, rebate information, audio and video clips, designs, documents, and other materials and content (collectively, the “Content”) on the Site and the Services is the property of EcoRebates or other third parties and may be protected by U.S. or other countries’ copyright laws. These Terms give you a non-exclusive, limited and revocable license to visit and use the Site and the Services for your own personal use only so long as you comply with all of these Terms. Any violation of these Terms exceeds the scope of that license and is prohibited. Nothing in this license, or in the Site and the Services, shall be construed as granting you any other rights or privileges of any kind with respect to the Site and the Services or any Content on the Site and the Services. By using the Site and the Services , you agree that you will (i) restrict your use of the Site and the Services and the Content of the Site and the Services to personal use; (ii) comply with all of these Terms; and (iii) not violate the rights of EcoRebates or any other person or entity.

b. The Site and the Services may not be used for commercial purposes of any kind, except as expressly permitted by EcoRebates. You must obtain EcoRebates prior written consent to make commercial uses of any kind which involve or relate to the Site and the Services, whether by advertising, solicitations, links or any other form of solicitation or communication. Without limiting the foregoing, you may not use the Site and the Services to link to other sites for the purpose of selling merchandise of any kind or reproducing the information, including search results for rebate programs from the Site and the Services, and you may not link to the Site and the Services without EcoRebates’ prior written consent. EcoRebates will investigate and take appropriate legal action against anyone who violates this provision, including, without limitation, removing the offending communication from the Site and the Services and barring such violators from use of the Site and the Services. Notwithstanding the foregoing, EcoRebates may enter into agreements with certain third parties to allow such third parties to use the Site and the Services for commercial purposes. Nothing in this paragraph shall prohibit such authorized third parties’ use of the Site and the Services for commercial purposes.

c. The Content found on the Site and the Services, including search results and rebate information, is to be used for reference purposes only. The contents of the Site and the Services may not, in whole or in part, be reproduced; copied; disseminated; sold; reverse engineering; entered into a computer database; or otherwise utilized, in any form or manner or by any means, except for the user’s individual, personal and confidential reference.

3. Third Party Links
The Site and the Services may provide links to third party websites or resources from the Site and the Services. You acknowledge and agree that EcoRebates is not responsible or liable for the availability or accuracy of, and EcoRebates does not endorse, such websites or resources or the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

4. Accuracy of Information
The Site and the Services provides information and data from a variety of publically accessible and other sources including utility web sites, public agency web sites (including the Dept. of Energy and the EPA), and state regulatory agencies. This information includes but is not limited to rebates amounts, rebate program start and end dates, and rebate program eligibility criteria. However, we do we make any representation regarding the accuracy of information found on the Site. You acknowledge and agree that EcoRebates is not responsible or liable for the availability or accuracy of any of the information obtained from other sources found on The Site and the Services. You acknowledge sole responsibility for and assume all risk, financial or otherwise, arising from your use of any such information.

5. User Submissions
a. The Site and the Services may permit the submission and the hosting, sharing, and/or publishing of material by you or others which may include but is not limited to uploading your user profile, participating in chats, blogging, using bulletin boards and providing ratings and reviews (“User Submissions”). You understand that whether or not such User Submissions are published, EcoRebates does not guarantee any confidentiality with respect to any User Submissions.

b. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize EcoRebates to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Site and the Services and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Site and the Services and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to EcoRebates, you hereby grant EcoRebates a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Site and the Services and EcoRebates ‘ (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Site and the Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Site and the Services a non-exclusive license to access your User Submissions through the Site and the Services, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Site and the Services and under these Terms of Service.

c. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant EcoRebates all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage EcoRebates or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements; or (v) impersonate another person. EcoRebates does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and EcoRebates expressly disclaims any and all liability in connection with User Submissions. EcoRebates does not permit copyright infringing activities and infringement of intellectual property rights on the Site and the Services, and EcoRebates will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. EcoRebates reserves the right to remove Content and User Submissions without prior notice. EcoRebates will also terminate a User’s access to the Site and the Services, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Site and the Services more than twice. EcoRebates also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. EcoRebates may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

d. You understand that when using the Site and the Services, you may be exposed to User Submissions from a variety of sources, and that EcoRebates is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against EcoRebates with respect thereto, and agree to indemnify and hold EcoRebates, its owners and operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site and the Services.

6. Other Prohibited Uses of and Interactions with The Site and the Services
The Site and Services may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of the Site and Services. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Site or Services: (a) Circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content; (b) Upload, stream, email or otherwise transmit (i) any User Submission to which you do not have the lawful right to copy, transmit and display (including any User Submission that would violate any confidentiality or fiduciary obligations that you might have with respect to the User Submission); (ii) any User Submission for which you do not have the consent or permission of each identifiable person in the User Submission to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the User Submission) and such consent or permission is necessary; or (iii) any User Submission that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity); (c) Use any meta tags or other hidden text or metadata utilizing a EcoRebates name, trademark, URL or product name; (d) Upload, stream, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes” or any other form of solicitation, as well as viruses or other computer code that may interrupt, destroy, limit the functionality of the Site or the Services, or interfere with the access of any Member or other user to the Site or the Services; (e) Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Site or Services to send altered, deceptive or false source-identifying information; (f) Attempt to probe, scan or test the vulnerability of any EcoRebates system or network or breach or impair or circumvent any security or authentication measures protecting the Site or Services; (g) attempt to decipher, decompile, disassemble, reverse engineer, or otherwise try to discover or determine the underlying data, its structure and data relationships or computer source code used in conjunction with the Site and Services (h) use the Services to collect or store personal data about other users without their express permission; (j) Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud; (k) alter or modify in any manner the search results or any other Content available on the Site or the Services; (l) Use the Services, including, but not limited to the Content, in any way that competes with EcoRebates; or (q) Encourage or instruct any other individual to do any of the foregoing or to violate any term of these Terms of Service.

7. What Castanea Labs is NOT responsible for
YOUR USE OF THE SITE, SERVICES, CONTENT AND USER SUBMISSIONS IS AT YOUR SOLE DISCRETION AND RISK. THE SITE, SERVICES, CONTENT AND USER SUBMISSIONS, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED THEREIN, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. ECOEBATES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, SERVICES, CONTENT AND USER SUBMISSIONS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. ECOREBATES DISCLAIMS ANY WARRANTIES: (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE AND SERVICES; OR (II) THAT THE SITE, SERVICES, CONTENT AND USER SUBMISSIONS WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ECOREBATES, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IMPORTANT! WE DO NOT PROVIDE ANY TAX, LEGAL, ACCOUNTING OR INVESTMENT ADVICE OR ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT. YOU SHOULD ALWAYS SEEK THE ASSISTANCE OF A PROFESSIONAL FOR SUCH ADVICE. WE MAKE NO REPRESENTATIONS CONCERNING, AND DO NOT GUARANTEE, THE ACCURACY OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE REBATE INFORMATION, AVAILABILITY OF FUNDS, YOUR ELIGIBILITY FOR A REBATE, OR ANY INFORMATION PROVIDED ON THE SITE AND THE SERVICES OR THEIR APPLICABILITY TO YOUR INDIVIDUAL CIRCUMUSTANCES. THE SITE AND SERVICES, INCLUDING, BUT NOT LIMITED TO, ALL REBATE INFORMATION AS WELL AS ANY INFORMATION PROVIDED ON THE SITE AND SERVICES ARE INHERENTLY SUBJECT TO RISKS AND UNCERTAINTIES, MANY OF WHICH CANNOT BE PREDICTED OR QUANTIFIED, AND DO NOT NECESSARILY TAKE ALL RELEVANT FACTORS INTO ACCOUNT. ACTUAL RESULTS COULD DIFFER MATERIALLY FROM THOSE PROJECTED ON THE SITE AND SERVICES DUE TO A NUMBER OF FACTORS, INCLUDING, BUT NOT LIMITED TO, ECONOMIC AND MARKET CONDITIONS, CREDIT RISK, TECHNOLOGY RISK, AND COMPETITION..

8. Limitation of EcoRebates’s Liability
IN NO EVENT WILL ECOREBATES, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, SERVICES, CONTENT AND USER SUBMISSIONS WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT ECOREBATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT WILL ECOREBATES CUMULATIVE LIABILITY TO YOU EXCEED $100.

9. What You will Indemnify EcoRebates from
You agree to defend, indemnify, and hold EcoRebates, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with (i) your access to or use of the Site, Services, Content and User Submissions; (ii) your violation of these Terms of Service; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party.

10. Copyright Policy
The Content on the Site and the Services is the property of EcoRebates and may be protected by copyright and other restrictions. Copyrights and other proprietary rights in the Content on the Site and the Services may also be owned by parties other than EcoRebates. You may not copy, modify, distribute or otherwise use any of the Content on the Site and the Services, except for your personal and non-commercial use. You may not use or frame any EcoRebates or EcoRebates name, trademark or logo, images posted on the Site and the Services, the Content of any text, the design of any page, any form contained on a page or other proprietary materials without EcoRebates’ prior written consent. EcoRebates may withdraw any Content from the Site and the Services at any time in its sole discretion. EcoRebates will terminate the privileges of any user who uses the Site and the Services to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so.

11. General
You acknowledge that you may have or may in the future have claims against EcoRebates which you do not know or suspect to exist in your favor when you agreed to these Terms and which if known, might materially affect your consent to these Terms. You expressly waive all rights you may have under Section 1542 of the California Civil Code, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in its favor at the time of executing the release, which if known by it must have materially affected its settlement with the debtor.” These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and EcoRebates that arises in whole or in part from the Site and the Services shall be decided exclusively by a court of competent jurisdiction located in San Mateo County, California. These Terms of Service shall constitute the entire agreement between you and Castanea Labs concerning the Site and the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Castanea Labs’ failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

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