Terms of Use Agreement

Last Updated May 13, 2020

MerchRebate is a service by AE Advantage, LLC (“MerchRebate”, “us”, “we” or “our”). We provide a service of rebates (“Rebate(s”) to buyers on www.merchrebate.com (the “Site”). The Site provides listing of items for sale from third party sellers and provides the URL to where the item can be purchased. Rebates are offered to Buyers who purchase the products through the URL, use the products and provide feedback on the products on this Site. Rebates are claimed through the Site, and we send the Buyer the Rebate amount through Paypal.

 

These Terms of Use shall apply to your use of the Site and any and all services available on or through the Site (the “Services”). By accessing and/or using the Site, you are expressly agreeing to comply with and be bound by the following Terms of Use, MerchRebate’s Privacy Policy located here https://merchrebate.com/privacy and any other policies, rules or guidelines that may be applicable to Services on the Site (“Additional Terms”), as well as all applicable laws and regulations. “You,” or “your,” refers to you, a user of the Site. “Seller” refers to a market supplier an item eligible for a Rebate. “Buyer” refers to user of the Site that purchases an item from a Seller and is eligible to submit a claim for a Rebate through the Site.

 

We may revise and update these Terms of Use at any time; please periodically review them, because your continued usage of the Site indicates your agreement with any such changes. Any changes we make will be effective immediately upon notice, which we may provide by any means including, without limitation, posting a revised version of these Terms of Use on the Site. You can determine when these Terms of Use were last revised by referring to the “Last Updated” legend at the top of these Terms of Use.

 

These Terms of Use will remain in full force and effect as long as you are a user of the Site and in the event of termination of your account, or any service or feature, you will still be bound by your obligations under these Terms of Use, including any indemnifications, warranties and limitations of liability.

 

By using or attempting to use the Site, you certify that you are a resident of the United States and are at least 18 years of age. You also certify that you are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you do not meet these requirements or, if for any reason, you do not agree with all of the terms and conditions contained in these Terms of Use, please discontinue using the Site immediately.

 

Rebates

In order to qualify for a Rebate, you must: (i) be signed up for a MerchRebate account. You can set up your account here: https://www.merchrebate.com, (ii) complete a purchase using the URL provided from the Site (“Qualified Purchase”) and (iii) return to the Site and provide product feedback. If you complete your purchase through another URL not associated through the Site, you will not be eligible to receive the Rebate. Once your information is received, your Rebate will be reviewed and approved by MerchRebate in its sole discretion. MerchRebate is not responsible for any unapproved Rebate requests that are not in compliance with the Terms of Use. 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. You are not required to leave a product review on the Seller site to receive the Rebate from MerchRebate.

 

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 Paypal account email address, 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.

 

MerchRebate 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 Paypal which will be sent to the Paypal account and email address provided in your account. Other payment options may be made available in the future. Rebates are paid to you as the payout date comes, daily. We reserve the right to modify the payment schedule at any time. It is your responsibility to keep your Paypal account information accurate and up to date. We are not responsible for payments delivered to the Paypal account. The amount of the Rebate offered by MerchRebate is a fixed dollar amount, accordingly, the final percentage discount off of the purchase price paid could vary from what is stated on the Site based on the Seller’s then-current actual retail selling price.

The determination of a Rebate dispute should be based on the compliance of one or more of the following reasons:

 

The rebate request submitted was not legitimate.

The order was cancelled or refunded.

The product was returned.

Extra discount coupons or codes were used along with the MerchRebate offer.

The item bought was not the one advertised on the Site.

The item has been bought multiple times from a same account on the marketplace, in connection with the site.

Any other reasons may be added at the sole discretion of MerchRebate. 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 MerchRebate Customer Service at [email protected] 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.

 

Communications

By signing up to for an account, you agree to receive communications that are account related, as well as periodic shopping-related emails that highlight Rebates and special deals that are available to you. We may communicate with you by electronic communications. Your consent to receive electronic communications includes any notices or other information that we may be required by law to provide you in writing or otherwise. You agree to keep us apprised of your current email address should the same change subsequent to the date you create an account. You may opt out of receiving certain communications in accordance with our Privacy Policy.

 

Seller Store Policies; Rebate Approval; Seller Products

A product highlighted on the Site and purchased from any Seller 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 their products, policies 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 sale, including, without limitation, the withdrawal or modification of any such offer or sale.

 

All matters concerning the products and services from a Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. MerchRebate makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider MerchRebate, nor will MerchRebate be construed as, a party to such transactions, whether or not MerchRebate may have received some form of revenue or other remuneration in connection with the transaction. You agree that MerchRebate 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. MerchRebate 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 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 MerchRebate. All communications or disputes regarding product disputes or refunds are between the Seller and you. In addition, MerchRebate is not responsible for the truth or accuracy of any third party product description, pictures, warranties, performance guarantees or other material regarding a product highlighted on the Site (“Product Content”) 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.

 

MERCHREBATE IS NOT RESPONSIBLE FOR A PARTY’S MISUSE OR MISAPPROPRIATION OF ANY PRODUCT CONTENT POSTED TO THE SITE.

 

 

MerchRebate reserves the right to delete from the Site any Product 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 MerchRebate. MerchRebate and its designees shall have the right to remove any Product Content, as determined in their sole discretion. Buyer agrees that Buyer must evaluate, and bear all risks associated with, the use of any Product Content, including any reliance on the accuracy, completeness, or usefulness of such Product Content. In this regard, you acknowledge that you may not rely on any Product Content created by MerchRebate or submitted to MerchRebate. MerchRebate and its designees shall have the right to remove any Product 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 MerchRebate 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. If as a buyer your account is suspended for a violation of our TOS, all your pending rebates will be declined.

 

Disclaimers

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, MERCHREBATE 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.

 

IN MOST INSTANCES, THE ABILITY OF MERCHREBATE TO PROVIDE SERVICES IS DEPENDENT UPON A TELECOMMUNICATIONS NETWORK OR THE INTERNET, WHICH MAY NOT BE FULLY SECURED, AS WELL AS GOODS AND SERVICES PROVIDED BY SELLERS AND VARIOUS OTHER VENDORS AND THIRD PARTIES. MERCHREBATE DOES NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THE SITE WILL MEET YOUR REQUIREMENTS, THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. MERCHREBATE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A SELLER OR ANY OTHER THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED SITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MERCHREBATE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND A SELLER OR ANY OTHER THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOUR USE OF THE SITE AND ANY SERVICES PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK. MERCHREBATE IS NOT RESPONSIBLE FOR ANY UNFAVORABLE CONSEQUENCES IN THE MARKETPLACE ACCOUNT. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MERCHREBATE AND/OR ITS AFFILIATED PARTIES OR ON OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

 

Limitation of Liability

TO THE GREATEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NEITHER MERCHREBATE 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 MERCHREBATE 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 MERCHREBATE; (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; (VIII) THE QUALITY, SAFETY OR LEGALITY OF PRODUCTS ADVERTISED ON THE SITE; AND/OR (IX) ANY OTHER MATTER RELATING TO THE SITE, OR MERCHREBATE SERVICES. THE MAXIMUM TOTAL AGGREGATE LIABILITY OF MERCHREBATE, 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 MERCHREBATE 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.

 

Indemnification

You agree to indemnify, defend and hold MerchRebate and its affiliates, licensors, suppliers, advertisers and sponsors, and their respective directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of these Terms of Use; (b) any allegation that any content or other materials you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (c) your activities in connection with the Site; and/or (d) termination of your access to the Site.

 

Ownership

All right, title, and interest in the Site and the Services belong solely to MerchRebate or its licensors. Additionally, MerchRebate shall maintain all right, title, and interest in “MerchRebate” and any other marks, service marks, trademarks, or logos of MerchRebate (collectively, the “Marks”) that are registered in the U.S. and other countries. The Marks owned by MerchRebate, whether registered or unregistered, may not be used in connection with any product or service that is not offered by MerchRebate, in any manner that is likely to cause confusion with customers, or in any manner that disparages MerchRebate. 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 MerchRebate, MerchRebate’s licensors or suppliers, or the third-party owner of any such Mark. Misuse of any Marks is prohibited, and MerchRebate will aggressively enforce its intellectual property rights in such Marks, including via civil and criminal proceedings. You shall not mention or use MerchRebate in any ad text, extensions or banner ads without the express written consent of MerchRebate.

 

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 Commonwealth of Pennsylvania 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 MerchRebate’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 MerchRebate, and MerchRebate waives its right to a trial by jury or to participate in a class action against you. This means that neither you nor MerchRebate 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 MerchRebate 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. 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.

 

Procedure for making claims of Copyright Infringement

Introduction. We respect the intellectual property rights of others, and require that the people who use this Site do the same. If you believe that your work has been copied in a way that constitutes a copyright infringement, please follow the instructions in the following policy.

This policy is intended to implement the procedures described in Title II of the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (DMCA) for the reporting of alleged copyright infringement. It is the policy of Hanover Corporation (“Company”) to respect the legitimate rights of copyright owners, their agents, and representatives. Users of any part of the MerchRebate site are required to respect the legal protections provided by applicable copyright law.

Designated Agent. MerchRebate’s Designated Agent to receive notification of alleged infringement under the DMCA is Reese Verschelde, 2709 Commerce Way, Philadelphia, PA 19154, (215) 698-4000. Upon receipt of notification of claimed infringement, MerchRebate will follow the procedures outlined herein and in the DMCA.

Complaint Notice Procedures for Copyright Owners. A notice of alleged copyright infringement to the Designated Agent must include the following:

A. An electronic or physical signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

B. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notice, a representative list of such works at that site;

C. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit MerchRebate to locate the material;

D. Information reasonably sufficient to permit MerchRebate to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

E. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

F. A statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Failure to include all of the above information may result in a delay of the processing of the DMCA notification.

Notice and Takedown Procedure. It is expected that all users of any part of the MerchRebate site will comply with applicable copyright laws. However, if  MerchRebate is notified of claimed copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond expeditiously by removing or disabling access to the material that is claimed to be infringing or to be the subject of infringing activity. MerchRebate will comply with the appropriate provisions of the DMCA in the event a counter notification is received by its Designated Agent.

Repeat Infringers. Under appropriate circumstances, MerchRebate may, in its discretion, terminate authorization of users of its system or network who are repeat infringers.

Accommodation of Standard Technical Measures. It is MerchRebate’s policy to accommodate and not interfere with standard technical measures it determines are reasonable under the circumstances (i.e. technical measures that are used by copyright owners to identify or protect copyrighted works).

 

Miscellaneous

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).