Terms & Condition!   Please read this Member Agreement (the "Agreement") carefully before enrolling as a member of the MyRebateBuddy Shopping Cash Back Rewards Program (the "Program"). This Agreement explains the terms and conditions governing membership in the Program (the "Program Terms and Conditions"), and it is your responsibility to read and understand them. By enrolling as a member in the Program (a "Member"), or by downloading, installing and/or utilizing the Software, you agree to be bound by the Program Terms and Conditions. Enrollment is defined as providing MyRebateBuddy with your valid email address and a password in which to access your account. Participation in the Program and its benefits are offered at the discretion of MyRebateBuddy, and MyRebateBuddy has the right to change the Program Terms and Conditions, in whole or in part, at any time with or without notice. ELIGIBILITY 1. You must be an individual, 18 years of age or older. 2. Members must be human: no machines, scripts, or automated services may be used to accumulate any financial benefits derived from the use of MyRebateBuddy. You may maintain only one account. Any duplicate accounts will be subject to cancellation. 3. The Program is only available via access to the MyRebateBuddy Web site (http://www.MyRebateBuddy.com). You must have Internet access and an email address to be eligible to receive the privileges and benefits of membership. MyRebateBuddy is not responsible for your inability to connect to the Internet, log into the MyRebateBuddy Web site, or access your MyRebateBuddy account. 4. By agreeing to these terms, you also agree not to 'spam' unknown individuals by sending them unwanted emails to solicit their membership at MyRebateBuddy. Refusal to abide by this or any other rules may result in MyRebateBuddy stripping you of referrals and/or canceling your membership. ACCRUAL OF DISCOUNTS 5. Members will be credited, subject to the terms and conditions enumerated in this Agreement, a percentage of the net purchases made by you at one of the online merchants affiliated with MyRebateBuddy (an "Affiliated Merchant"). The percentage will be enumerated on the MyRebateBuddy Web site as it relates to each Affiliated Merchant. The net purchase is defined as the total amount paid to the merchant minus tax, gift wrapping, shipping, promotional credits, returns, cancellations, and transaction fees or as the Affiliated Merchant defines on their respective Web site and as is enumerated in their respective Affiliate Membership and/or Operating Agreement document, whichever is less. All Affiliated Merchant Membership and/or Operating Agreements as they relate to their affiliate or partner programs with MyRebateBuddy and which reside on the Affiliated Merchant's respective Web sites are hereby incorporated into this Agreement by reference. 6. As a Member, purchases made through MyRebateBuddy Affiliated Merchants will be deemed a "Qualified Purchase" and will be subject to earn a cash back reward if and only if all of the following criteria are satisfied: 1) "Cookies", both first and third party (if applicable), must be enabled on your Web browser. 2) All potential Qualified Purchases must begin by clicking on the Affiliated Merchant's link that appears on the MyRebateBuddy Web site and being successfully connected to the Affiliated Merchant's Web site based upon that click. Individuals who download the Software may on occasion be excepted from the terms of section 6(2), as their browser will in some instances link directly to the merchant through the correct link. The Software is only a shopping reminder service provided by MyRebateBuddy; for reliability of tracking we recommend you start your shopping trip at the MyRebateBuddy.com website. 3) MyRebateBuddy may, at all times, route your request for a merchant site through specific links, in order to assure that the sale can be tracked correctly. Any alteration of these links will invalidate your sale, which will not be deemed a Qualified Purchase. 4) All purchases must be started and completed in one shopping session within the MyRebateBuddy shopping program. If you start a purchase, then complete it in a different session, you will be ineligible for a rebate. 5) Users must not use coupons not listed on the MyRebateBuddy website. 6) Items must not be returned. If they are, the initial purchase will be invalidated and not be deemed a Qualified Purchase. 7) Purchases from "Coupons Only" and "No Discount" Affiliated Merchants are not deemed "Qualified Purchase." 7. The determination of whether or not a purchase made through an MyRebateBuddy Affiliated Merchant is a "Qualified Purchase" is at the sole discretion of MyRebateBuddy. 8. "Account Activation" is completed upon the making of a Qualified Purchase at any MyRebateBuddy merchant site. In case of return or cancellation, MyRebateBuddy retains the right to reverse account credit. 9. Cash back rewards awarded to Members are subject to adjustments for returns, cancellations, and other events. Such adjustments can be applied to Member accounts at any time by MyRebateBuddy at its sole discretion. Should you disagree with any adjustments made to your account, your sole remedy is to withdraw from the Program. 10. You may be taxed on your accrual of cash back rewards, depending on the amount of cash back rewards you accrue and the tax laws of federal, state, and local jurisdictions. MyRebateBuddy may choose to provide you with those notices to you on occasion. In all instances, you will be solely responsible for any and all tax liability arising out of your accrual or redemption of cash back rewards. 11. There are a number of purchases that are not eligible for accrual or payment of cash back rewards. 12. It is your responsibility to check your account regularly to ensure that cash back rewards have been properly credited and that your account balance is accurate. If you do not believe that a cash back reward has been correctly credited to your accout you must wait at least 30 days but no more than 90 days after completing a Qualifying Purchase to contact MyRebateBuddy Customer Care. Furthermore, all cash back rewards earned by Members are subject to review. Necessary adjustments may be applied to Member accounts at any time by MyRebateBuddy at its sole discretion. If you do not agree to adjustments made to your account, your only recourse will be to terminate your membership in the Program. MyRebateBuddy reserves the right to terminate any account for abusive or fraudulent activity, or if the Member is no longer reachable at the e-mail address provided. 13. MyRebateBuddy is not responsible for changes to, or discontinuance of, any Affiliated Merchant, or any Affiliated Merchant withdrawal from the Program, or for any effect on accrual of cash back rewards caused by such changes, discontinuance, or withdrawal. MyRebateBuddy is not responsible for changes to, or discontinuance of, any special offer or coupon code at an Affiliated Merchant site. It is the Member's responsibility to make sure that all specials are valid. If you choose to use coupons and specials that are not listed on the MyRebateBuddy site, we cannot guarantee that you will be eligible to receive an MyRebateBuddy cash back reward on your purchases. PAYMENT SCHEDULE 14. Money earned through the referral program will be paid along with regular cash back rewards. Continued payments of referral monies will be made at the sole discretion of MyRebateBuddy. The referral program may be ended, percentages reduced or the program modified in any way, at any point, and without notice, though all accrued referral monies will be paid in full if and when this occurs. 15. Every three months MyRebateBuddy sends to its members the Cash Back that they have earned, provided that the member has earned at least $5.01 in Cash Back Rewards. If the member has earned less than $5.01 Cash Back, MyRebateBuddy will carry the member’s money over to the next check. Bonus Rewards do not count toward the $5.01 minimum. The term “Bonus Rewards” includes monies earned as a Sign-up Reward or Tell-A-Friend Bonus. Accrued cash back rewards will be dispersed to the Members on or around August 14th, November 15th, February 15th, or May 15th. In order for an accrued cash back reward to be eligible for payment on the above dates, the Qualified Purchase must occur 45 days prior to the payment date (by June 30th for a August 14th payment, September 30th for an November 14th payment, December 31st for a February 15th payment, March 31st for an May 15th payment). Note that orders from Dell Home Systems (Computers), Dell Home Systems Software and Peripherals, Dell Small Business, Dell Canada Home Systems, Dell Canada Software & Peripherals, Officemax, ShopNBC, and Toshiba will post to accounts immediately. However, due to the 45 day return policies of these merchants, cash back rewards will become eligible to be paid out 75 days after purchases are posted to members' accounts. Qualified purchases from all other merchants which occur within the 45 day cutoff period will be paid on the payment date subsequent to the next payment date. For gift card bonuses, you must make a qualifying purchase within 30 days of sign up in order to qualify for the gift card. You must earn $3.00 or more in Cash Back before gift card is mailed to your address. Please allow up to six weeks after your qualifying purchase to receive your gift card. Gift cards have no cash value, can not be substituted and are non-replaceable. MyRebateBuddy is not responsible for lost or damaged gift cards. Limit one gift card per household. Only individuals who are legal residents of the fifty (50) United States, the District of Columbia (excluding Puerto Rico) or Canada are eligible to receive Gift Cards. All other users will be eligible to receive the $5.00 Cash Bonus. 16. It is your responsibility to keep your account information current in order to facilitate the payment of your cash back rewards. In the event that your information is not current at the time of payment, you forfeit all accrued cash back rewards to MyRebateBuddy. MyRebateBuddy can pay you by putting your savings in your PayPal account as well. Simply make the changes to your account preferences and add your PayPal account information. If an error occurs in payment, MyRebateBuddy Customer Service will assist members in determining the cause of any non-payment, be it by PayPal or check. If it has been determined that non-payment was caused by a process error in payment automation or other cause that was our fault, all accrued cash back rewards will be re-paid to you in full. However, MyRebateBuddy is not responsible for any misapplied PayPal payments or checks sent to the wrong address and subsequently cashed if these errors were caused by inaccurate email or contact information provided by the user. We are also not liable for errors made by PayPal in applying your payment, though we will work hard to resolve any such issues should they arise. ACCOUNT ACCESS AND PASSWORD 17. Upon registration for the Program, you will select a password that will allow you to access your MyRebateBuddy account (via the MyRebateBuddy Web site) to verify transfers, check account balances, and modify your account information. 18. You must be logged into MyRebateBuddy and enter your password to change your account settings and payment preferences. You may check your account status and recent earning history at any time by clicking any of the several “My Account” links on the MyRebateBuddy Website. 19. MyRebateBuddy is entitled to act on instructions received under your password. For security purposes, it is recommended that you memorize your password, and do not write it down. You are responsible for keeping your email address, password, account numbers, and other account information confidential. MyRebateBuddy is not responsible for any credits or debits made to your account by someone else who uses your password. DISCLOSURE OF ACCOUNT INFORMATION 20. You authorize MyRebateBuddy to only disclose to third parties information you have provided, or information that MyRebateBuddy has obtained about your MyRebateBuddy account or shopping behavior: (i) to agents and licensors of MyRebateBuddy or its affiliates, such as independent auditors, consultants or attorneys; (ii) to comply with government agency or court orders or requests; (iii) in providing aggregated and non-personalized marketing services for an advertising or merchant partner, or (iv) where it is necessary for redemption or transfer of your cash back rewards. Further, you authorize MyRebateBuddy to receive any account information from any Affiliate Merchant including, but not limited to information regarding purchase was made, products ordered, order number, the time and date the purchase occurred, the email address entered for the purchase. You agree to hold the Affiliated Merchant harmless for any information disclosed to MyRebateBuddy. If you choose to download the Software, you allow MyRebateBuddy to collect and use non- personalized marketing information regarding visits and related to and purchases made from internet commerce sites. 21. By signing up for membership at MyRebateBuddy, you agree to receive communications that are account and membership related (e.g. that we've added money to your account, that we are mailing you a check on a certain date, that new features are available on the MyRebateBuddy site, etc) as well as periodic shopping-related emails that highlight coupons & special deals that are available to MyRebateBuddy members. You can opt-out of receiving emails that are not account-related by either (i) visiting your account page and clicking on the Profile link, or (ii) following the unsubscribe link on any of the emails. Since we need to communicate account information with you in order to operate our service, you can't unsubscribe from account information emails. But rest assured that we don't send account emails unnecessarily. These are not promotional emails, and are only used to notify you that a check is on the way, that we put money in your account, that we need a mailing address to send your check to, that we mailed you a check and it came back to us as having a bad address, and so forth. If you don't wish to ever hear from us, even if just to hear that we tracked your purchase and awarded you Cash Back, you can close down your account by contacting customer service. But frankly we'll be quite offended. DISCLAIMER 22. THE MYREBATEBUDDY PROGRAM IS PROVIDED TO MEMBER "AS IS" WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MYREBATEBUDDY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROGRAM AND THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. 23. MYREBATEBUDDY DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS FOR, ANY MERCHANDISE, PRODUCTS, OR SERVICES OFFERED OR PROVIDED BY AFFILIATED MERCHANTS OR SUPPLIERS IN CONJUNCTION WITH THE PROGRAM. IN ADDITION, ALTHOUGH MYREBATEBUDDY INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE MYREBATEBUDDY WEB SITE, MYREBATEBUDDY DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS THAT THIS SITE IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, MYREBATEBUDDY DOES NOT WARRANT THAT ACCESS TO THIS SITE OR USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, AND MYREBATEBUDDY ASSUMES NO RESPONSIBILITY FOR ANY DAMAGE CAUSED BY YOUR ACCESS, OR INABILITY TO ACCESS, THIS SITE OR YOUR USE OR INABILITY TO USE THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, YOUR INABILITY TO ACCRUE CASH BACK REWARDS BY PURCHASING ITEMS WITH AN AFFILIATED MERCHANT. LIMITATION OF LIABILITY 24. IN NO EVENT WILL ANY OTHER COMPANY WITH WHICH MYREBATEBUDDY HAS A CORPORATE PARTNERING RELATIONSHIP, INCLUDING WITHOUT LIMITATION, CO-BRANDING, CO-MARKETING, JOINT DEVELOPMENT, A MERCHANT RELATIONSHIP, OR A LICENSING OR SUPPLIER RELATIONSHIP (EACH A "CORPORATE PARTICIPANT") BE LIABLE TO YOU FOR NON-PERFORMANCE OF MYREBATEBUDDY OBLIGATIONS. YOU AGREE NOT TO SUE ANY CORPORATE PARTICIPANT FOR NON-PERFORMANCE BY MYREBATEBUDDY. IN NO EVENT SHALL MYREBATEBUDDY BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE PROGRAM; (II) ANY FAILURE, DELAY, OR DECISION BY MYREBATEBUDDY IN ADMINISTERING THE PROGRAM; (III) THE USE OR INABILITY TO USE THIS WEB SITE; (IV) THE USE OR INABILITY TO USE THE SOFTWARE INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LEGAL FEES, ARISING OUT OF SUCH USE OR INABILITY TO USE THE SOFTWARE, OR (V) THE PURCHASE OR USE OF ANY MERCHANDISE, PRODUCTS, OR SERVICES OF MERCHANTS OR SUPPLIERS, EVEN IF MYREBATEBUDDY, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. 25. MEMBER AGREES TO INDEMNIFY AND HOLD MYREBATEBUDDY, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF MEMBER'S USE OF THE PROGRAM, THE VIOLATION OF THESE POLICIES BY MEMBER, OR THE INFRINGEMENT BY MEMBER, OR OTHER USER OF THE PROGRAM USING THE MEMBER'S ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY, OR AS A RESULT OF ANY THREATENING, LIBELOUS, OBSCENE, HARASSING OR OFFENSIVE MATERIAL CONTAINED IN ANY MEMBER COMMUNICATIONS. TERMINATION OR CHANGES TO THE PROGRAM 26. MyRebateBuddy reserves the right to terminate the Program at any time with notice. This means you will have sixty (60) days from the date notice of Program termination is provided to Members to redeem cash back rewards in your account. Notification of Program termination will be sent to the email address you provide to MyRebateBuddy during the registration process. MyRebateBuddy will not be responsible for failing to notify you of Program termination where such failure is caused by any reason outside the control of MyRebateBuddy, including an error in your email program, an inaccurate email address, your failure to check for your email online, or your failure to inform MyRebateBuddy of a change in your email address. 27. MyRebateBuddy may modify this Agreement from time to time, with or without notice, and your continued participation in the Program after such modification shall be deemed to be your acceptance of any such modification. It is your responsibility to check the Member Agreement page of the MyRebateBuddy Web site regularly to determine whether this Agreement has been modified. If you do not agree to any modification of this Agreement, you must immediately cease participation in the Program. TERMINATION OF MEMBERSHIP 28. Membership in the Program is subject to the Program Terms and Conditions. Any failure to comply with the Program Terms and Conditions, any fraud or abuse relating to the accrual or redemption of cash back rewards, or any misrepresentation of any information furnished to MyRebateBuddy or its affiliates by you, or anyone acting on your behalf, may result in the termination of your membership in the Program, cancellation of your MyRebateBuddy account and/or forfeiture of your accrued cash back rewards. MyRebateBuddy also reserves the right to close accounts that have been inactive for more than 12 months. We call these 'Dead Accounts'. Inactivity is defined as no tracked visits, either cookied or manually logged in. Any Dead Account will have all funds in it taken back by MyRebateBuddy, and we will no longer allow user login under that username and password. We'd much rather have a happy customer than a closed account, but if you haven't come by in a year, and haven’t responded to any of our emails over the course of a year, MyRebateBuddy will close the account and take back any funds therein. DISPUTES/ERRORS 29. All questions or disputes regarding the Program, including without limitation, questions or disputes regarding eligibility for the Program, or the eligibility of cash back rewards for accrual or redemption, must be submitted in writing within 60 days of the qualifying transaction, to MyRebateBuddy at: Customer Service, MyRebateBuddy Inc., 802 Hadley Street Suite 713 Houston, TX 77002, or contact Customer Care. Any such disputes shall be resolved by MyRebateBuddy at its sole discretion. All interpretations of Program Terms and Conditions shall be at the sole discretion of MyRebateBuddy. In the event that an error is made by MyRebateBuddy, your sole remedy shall be the credit of the disputed cash back reward to your MyRebateBuddy account. return to top MISCELLANEOUS 30. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without reference to conflicts of law rules. As a condition of the use of the MyRebateBuddy website and service, you (the Member) agree to submit to the personal and exclusive jurisdiction of the courts located within the Harris County, Texas and therefore agree to file any grievance or suit of any kind exclusively in the courts located within the Harris County. If any provision of this Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect. MyRebateBuddy's failure to insist upon or enforce strict performance of any provision of the Agreement shall not be construed as a waiver of any provision or right. Nothing in this Agreement shall be construed as creating or constituting a partnership, joint venture or agency relationship between MyRebateBuddy and the Affiliated Merchants or between MyRebateBuddy and any other of its Corporate Partners. Neither the Affiliated Merchants nor any Corporate Partner shall have the ability to create any obligation on MyRebateBuddy' behalf. This Agreement constitutes the entire agreement between you and MyRebateBuddy with respect to the Program.