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Terms of Use

Effective as of January 1, 2010

Welcome to EcoRebates.com

Castanea Labs, Inc. (“Castanea”, “we”, “us”, “EcoRebates”) provides news, information, product and rebate data, as described in more detail below, through our website accessible at www.ecorebates.com 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”.   Please read the following important terms and conditions (“Terms of Service”, “Terms of Use”, “Terms”) carefully. These Terms govern your access to and use of 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 this page (www.ecorebates.com/terms-of-use). Please check this page periodically for updates. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SERVICES.

Note that these Terms cover your use of the Services which you may be accessing through other 3rd party websites where the Services are hosted.  These 3rd Party sites may also have their own terms of use covering your activity on those sites.

1. Services We make available to you through the Services a variety of tools and information that allow you to research and find incentive information 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 Services 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 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 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 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 use 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 the Services, shall be construed as granting you any other rights or privileges of any kind with respect to the Services or any Content on the  Services. By using the Services , you agree that you will (i) restrict your use of the Services and the Content on 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 Content found on the Services, including search results and rebate information, is to be used for reference purposes only. The contents of 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 Services may provide links to third party websites or resources from within 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 Services provide 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 Services.  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 Services. You acknowledge sole responsibility for and assume all risk, financial or otherwise, arising from your use of any such information.

5. Other Prohibited Uses of and Interactions with the Services The 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 Services. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Services: (a) Circumvent, disable or otherwise interfere with security related features of the Services or features that prevent or restrict use or copying of any Content; (b) Use any meta tags or other hidden text or metadata utilizing a EcoRebates name, trademark, URL or product name; (c) 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 Services, or interfere with the access of any other user of the Services; (d) Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Services to send altered, deceptive or false source-identifying information; (e) 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 Services; (f) 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 Services (g) use the Services to collect or store personal data about other users without their express permission; (h) Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud; (i) alter or modify in any manner the search results or any other Content available on the Services; (j) Use the Services, including, but not limited to the Content, in any way that competes with EcoRebates; or (k) Encourage or instruct any other individual to do any of the foregoing or to violate any term of these Terms of Service.

6. What Castanea Labs is NOT responsible for YOUR USE OF THE SERVICES AND CONTENT IS AT YOUR SOLE DISCRETION AND RISK. THE SERVICES AND CONTENT, 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 SERVICES AND CONTENT, 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 SERVICES; OR (II) THAT THE SERVICES AND CONTENT 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 WHATSOEVER. 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 SERVICES OR THEIR APPLICABILITY TO YOUR INDIVIDUAL CIRCUMUSTANCES. THE SERVICES, INCLUDING, BUT NOT LIMITED TO ALL REBATE INFORMATION,  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 SERVICES DUE TO A NUMBER OF FACTORS, INCLUDING BUT NOT LIMITED TO, ECONOMIC AND MARKET CONDITIONS, CREDIT RISK, TECHNOLOGY RISK, AND COMPETITION.

7. 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 SERVICESAND CONTENT 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.

8. 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 Services shall be decided exclusively by a court of competent jurisdiction located in San Mateo County, California. These Terms shall constitute the entire agreement between you and Castanea Labs concerning the Service. If any provision of these Terms are 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, which shall remain in full force and effect. No waiver of any term of this these Terms 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 Use shall not constitute a waiver of such right or provision.