SpotRebate Platform - End User Terms of Service

Last updated: July 8, 2020

These Terms of Service (“Terms”) are an agreement between you and Todd Wenzel, Inc. d/b/a TheAwardZone (“TAZ,” “we,” “us,” or “our”), the owner and operator of the SpotRebate Platform (“SpotRebate Platform”), related website available at https://www.spotrebate.com, and associated services (along with the SpotRebate Platform, the “Service”). These terms apply to your access and use of any part of the Service. If you do not wish to be bound by these Terms, do not use any part of the Service. Capitalized words used in the Terms have the definitions ascribed to them in these Terms.

THESE TERMS INCLUDE: (1) AN ARBITRATION PROVISION; (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST TAZ; AND (3) A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST TAZ THAT MAY ARISE OUT OF YOUR USE OF THE SERVICE.

1. About the Service.

1. Eligibility. You must be at least 18 years old to use the Service. Use of the Service and participation in the SpotRebate Platform is free and available to any individual or entity who: (a) possesses the legal authority and capacity to agree to these Terms; (b) resides or is organized in a jurisdiction which legally permits participation in the SpotRebate Platform; (c) provides valid and accurate information when enrolling in the SpotRebate Platform; and (d) has not previously been terminated from the SpotRebate Platform. By using any part of the Service, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and to abide by all of the terms and conditions of these Terms.
2. Access. Use of the Service requires a U.S. mailing address, telephone number, e-mail address, and internet access. You acknowledge and agree that compliance with all SpotRebate Platform system requirements, which may be changed from time to time by TAZ in its sole discretion, are your responsibility. Your mobile carrier’s standard charges, data rates, and other fees may apply.
3. Privacy Policy. The SpotRebate.com Privacy Policy ("Privacy Policy") describes TAZ's privacy practices with respect to the Service. The Privacy Policy may be updated from time to time by TAZ in its sole discretion. Please review the Privacy Policy carefully, as it controls: (i) what information we may collect from you; (ii) how we use that information; (iii) what information, if any, you are agreeing to share with third parties; (iv) with whom we share your information; and (v) your privacy options (www.spotrebate.com/Shared/AgreementAcceptance.aspx?a=p).
4. Your Account. To be eligible to receive an award through the SpotRebate Platform (each, a "SpotAward"), you will need an account (your "Account") on TAZ's proprietary online system, located at https://www.spotrebate.com. You may create your own account at https://www.spotrebate.com or a Sponsor Company (as defined below) may create an Account for you at your request. Your use of and access to your Account is subject to these Terms.

1. SpotAward.

1. Earning a SpotAward. TAZ maintains and operates the SpotRebate Platform and the Service. When purchasing goods and/or services from a retailer or third party that participates in the SpotRebate Platform (each a “Sponsor Company”), you may be eligible to receive a SpotAward. The value of a SpotAward for any given transaction will vary based upon the goods and/or services purchased and upon the Sponsor Company issuing the SpotAward.  Upon receipt of a SpotAward, you will have the option of: (i) instantly redeeming your SpotAward; or (ii) banking the SpotAward for use at a later date.
2. Expiration of a SpotAward. If you choose to bank a particular SpotAward, the SpotAward will be held in your Account at no charge for a period of twelve (12) months from the date that you earn the SpotAward. At the expiration of twelve (12) months from the date that you earn the respective SpotAward, the SpotAward will expire and you will no longer be able to redeem the SpotAward.
3. SpotAward Redemption. When redeeming a SpotAward through your Account, you will be able to select from a number of award options. The award options may vary based upon the value of the SpotAward, the Sponsor Company, and availability.  Award options for SpotAward redemption may be changed by TAZ or the applicable Sponsor Company at any time. Use of any gift card or other item of value received by you through the redemption of a SpotAward (each, a "Gift Card") shall be subject to the terms and conditions of the applicable Gift Card issuer. TAZ assumes no responsibility for your inability to utilize a Gift Card or for any limitations or restrictions placed on Gift Cards by the applicable issuer. You agree to contact the Gift Card issuer directly with any questions or issues concerning your use of a Gift Card.
4. Sponsor Company Goods and Services. Notwithstanding anything to the contrary in these Terms, in some instances, a Sponsor Company may offer goods and/or services provided by the Sponsor Company as the sole award option for a SpotAward redemption. In those cases, the award option(s) for the applicable SpotAward(s) will be limited to the goods and/or services offered by the Sponsor Company. Receipt of a SpotAward does not entitle you to a specific redemption award option.

1. License to Use the Service; Restrictions; Ownership.

1. License. Subject to your compliance with these Terms, TAZ grants you a limited, non-exclusive, non-transferable license to access and use the Service solely for your own personal, non-commercial purposes. This license is personal to you and may not be assigned, sub-licensed or otherwise transferred to anyone else.
2. Restrictions. You agree that you will not: (i) reproduce, copy, transfer, give access to, distribute, sell, rent, lease, assign, sublicense, create derivative works from, decompile, reverse engineer, or disassemble the Service or any part thereof; (ii) take any measures to interfere with or damage the Service or any part thereof.
3. Ownership. You acknowledge and agree that nothing in these Terms conveys to you any ownership, intellectual property rights or other proprietary interest in or relating to the Service or any other TAZ products or services, or any modifications or derivative works of any of the foregoing. The Service is licensed, not sold, to you and is owned by TAZ. Except as expressly set forth herein, TAZ reserves all right, title and interest, including all intellectual property and other rights, in and to the Service and all other TAZ products and services. You agree not to obscure, alter or remove any patent, copyright, trademark or other proprietary notice or legend contained on or in the Service.

1. Consent to Receive Communications.

1. Communication Methods. By using the Service, you agree that TAZ, the applicable Sponsor Company, and their agents may communicate with you electronically regarding your use of the Service. Communication will be made primarily through the use of e-mail or text messages to the e-mail address and/or mobile phone number used to register your Account. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including without limitation that such communications be in writing. To withdraw your consent to receiving electronic notices, please notify us at support@spotrebate.com.
2. Messaging Rates. TAZ does not currently charge a fee to use the Service, but any text messages sent and/or received may be subject to standard text messaging rates that may be imposed by your mobile carrier. Additionally, text messages sent and/or received may count towards any monthly quota your mobile carrier may have, as applicable. Please be aware that texting charges can fluctuate internationally. If you have questions about text messaging rates, contact your mobile carrier.
3. Surveys. By using the Service, you agree that TAZ may contact you via telephone, text, or e-mail for the purpose of requesting your participation in surveys regarding the Service. To withdraw your consent to receiving survey participation requests, please notify us at support@spotrebate.com. You agree that any suggestions, comments, ideas, corrections, improvements, feedback, or other information you provide to TAZ (collectively, “Feedback”) shall be the sole and exclusive property of TAZ and you hereby assign, for no additional consideration, all of your rights, title and interest in and to such Feedback to TAZ. TAZ is free to use, disclose, reproduce, license, and otherwise distribute the Feedback, in connection with any product or service, including the Service, without any obligations or restrictions of any kind.
4. Content.  You are solely responsible for the content, information, images, videos, and text (“Content”) that you upload, transmit, publish, or display on or through the Service. You agree that you will not provide inaccurate, misleading, or false information to TAZ. If information provided to TAZ subsequently becomes inaccurate, misleading, or false, you will promptly notify TAZ of such change. You agree that you will not transmit on the Service any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). Without limiting the foregoing, you may not transmit Content or use the Service in any way that: (i) intimidates, threatens, or otherwise harasses TAZ employees and contractors; (ii) contains or transmits viruses, corrupted data or other harmful, disruptive or destructive files or code; or (iii) infringes any third party’s copyrights or other rights (including but not limited to other intellectual property rights and privacy rights). Your use of the Service, including but not limited to the Feedback and Content you transmit to TAZ, must be in accordance with any and all applicable laws and regulations.
   
5. Termination.

1. Account Termination. TAZ reserves the right to suspend, disable, or delete Accounts, and/or your ability to access the Service (or any part of the Service), and/or delete any SpotAward in your Account at any time for any reason whatsoever, including but not limited to for a breach of these Terms or any other applicable laws, rules, and regulations by you or others acting with you. You may cease use of the Service at any time.
2. Revocation of License. If you commit a breach of or otherwise violate these Terms, all licenses granted to you by TAZ, including permission to use the Service, will terminate automatically. Additionally, TAZ may suspend, disable, or delete your Account and/or your ability to access the Service (or any part of the Service), and/or delete any SpotAwards, with or without notice, for any or no reason. If TAZ deletes your Account for any suspected breach of these Terms by you, you are prohibited from re-registering for the Service whether you use the same or a different name, e-mail address, or mobile telephone number.
3. Retention of Information. In the event of termination of these Terms, whether by you or TAZ, TAZ reserves the right to retain any of your information necessary to comply with applicable laws or as part of its routine data retention practices, as determined in TAZ's sole discretion.
4. Survival of Terms. All provisions of these Terms, which by their nature should survive the termination of these Terms, shall continue in full force and effect subsequent to and notwithstanding any termination of the Terms by TAZ or you.

1. Indemnification. You agree to indemnify and hold harmless TAZ, its subsidiaries, affiliates, related parties, officers, directors, employees, agents, suppliers, independent contractors, advertisers, and partners from any loss, damages, or costs, including without limitation reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your use of or access to the Service, a Gift Card, your violation of any third party’s proprietary or other rights, or a breach of these Terms.
   
2. Disclaimer of Warranties; Limitation of Liability.
   
3. DISCLAIMER REGARDING CONTENT. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE SERVICE. YOU UNDERSTAND THAT TAZ IS NOT AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY ACT OR OMISSION BY ANY USER OF THE SERVICE, WHETHER ON OR OFF THE SERVICE. TAZ MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE SERVICE, CONTENT AND THE CONDUCT OF USERS OF THE SERVICE.
4. DISCLAIMER OF WARRANTIES.  TAZ PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU USE THE SERVICE AT YOUR OWN RISK. TAZ EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY THAT MIGHT ARISE UNDER ANY LAW. WITHOUT LIMITING THE FOREGOING, TAZ MAKES NO REPRESENTATIONS OR WARRANTIES: (i) THAT THE SERVICE WILL BE PERMITTED IN YOUR JURISDICTION; (ii) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; (iii) CONCERNING ANY INFORMATION SUBMITTED BY ANY AGENT OF A SPONSOR COMPANY; (iv) CONCERNING ANY THIRD PARTY’S USE OF INFORMATION THAT YOU SUBMIT TO TAZ AND/OR A SPONSORING COMPANY; (v) THAT TAZ WILL CONTINUE TO SUPPORT ANY PARTICULAR FEATURE OF THE SERVICE; OR (vi) CONCERNING SITES AND RESOURCES OUTSIDE OF THE SERVICE, EVEN IF LINKED TO, FROM OR THROUGH FROM THE SERVICE.
5. LIMITATION OF LIABILITY. IN NO EVENT WILL TAZ, ITS AFFILIATES AND/OR SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND/OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, UNDER ANY LEGAL THEORY OR CLAIM, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PROPERTY DAMAGE, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY PARTICIPATING BRANDS OR OTHER ESTABLISHMENTS CONTACTED THROUGH OR IN CONNECTION WITH THE SERVICE, ANY SPOTAWARDS, OR ANY WEBSITES LINKED TO THE SERVICE OR ANY CONTENT ON THE SERVICE. SOME JURISDICTIONS (SUCH AS THE STATE OF NEW JERSEY) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. TAZ’s TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00). THE FOREGOING DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

1. Arbitration and Class Action Waiver.

1. Informal Process First. You agree that, in the event of any dispute between you and TAZ, you will first contact TAZ and make a good faith sustained effort to resolve the dispute before resorting to arbitration under this Section 8.
2. Binding Arbitration. Any dispute or claim arising in any way from your use of the Service, except for disputes relating to the infringement of TAZ's intellectual property rights or the access or use of the Service in violation of these Terms, will be resolved by binding arbitration, rather than in court.
3. Arbitrator and Rules. YOUR USE OF THE SERVICE CONSTITUTES YOUR AGREEMENT THAT ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT (EXCEPT FOR CLAIMS RELATED TO INFRINGEMENT OF TAZ'S INTELLECTUAL PROPERTY RIGHTS OR THE ACCESS OR USE OF THE SERVICE IN VIOLATION OF THESE TERMS) SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (“FAA”) AND SUBMITTED TO AND DECIDED BY BINDING ARBITRATION IN ATLANTA, GEORGIA, BEFORE A SINGLE ARBITRATOR. ARBITRATION SHALL BE ADMINISTERED BY JAMS IN ACCORDANCE WITH THE JAMS RULES FOR COMMERCIAL ARBITRATIONS, EXCEPT AS MODIFIED BY THESE TERMS. A COPY OF THE JAMS RULES FOR COMMERCIAL ARBITRATIONS IS AVAILABLE ONLINE AT HTTPS://WWW.JAMSADR.COM/RULES-COMPREHENSIVE-ARBITRATION/. TAZ AND YOU WILL SHARE THE ARBITRATOR’S FEES EQUALLY (50/50). YOU WILL BE RESPONSIBLE FOR YOUR OWN FILING FEES AND ANY OTHER COSTS UNIQUE TO THE ARBITRATION HEARING. DISCOVERY IN ANY ARBITRATION PROCEEDING SHALL BE CONDUCTED ACCORDING TO THE JAMS RULES FOR COMMERCIAL ARBITRATION. ANY ARBITRAL AWARD DETERMINATION SHALL BE FINAL AND BINDING ON TAZ AND YOU AND MAY BE ENTERED AS A JUDGMENT IN A COURT OF COMPETENT JURISDICTION. NOTHING IN THESE TERMS SHALL PREVENT TAZ FROM OBTAINING INJUNCTIVE RELIEF IN COURT TO PREVENT IRREPARABLE HARM PENDING THE CONCLUSION OF ANY SUCH ARBITRATION. YOU ACKNOWLEDGE THAT YOU ARE FREELY ENTERING INTO THIS AGREEMENT TO ARBITRATE. BY ACCEPTING THESE TERMS, YOU ARE WAIVING ALL RIGHTS TO HAVE YOUR DISPUTES HEARD OR DECIDED BY A JURY OR IN A COURT TRIAL.
   
   
4. Individual Basis. To the fullest extent permitted by applicable law, you and TAZ each agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated, or representative action, or any multidistrict litigation. If for any reason a claim proceeds in court rather than in arbitration as described in Section 8(d), you and TAZ each waive any right to a jury trial. As a result, PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ONLY AN ON INDIVIDUAL BASIS.

1. Modification of Terms. You agree that, from time to time, TAZ may (in its sole discretion) modify, add, or remove any or all parts of these Terms and/or the Service. TAZ will post any such modified version of these Terms to https://www.spotrebate.com and indicate the effective date of any such modifications at the top of the Terms. Such modifications will be effective immediately upon posting of the modified Terms. Each time you access or use the Service, you should check to see if the Terms or Privacy Policy has changed. Whether you do so or not, the Terms and Privacy Policy in effect at each time you use the Service will apply at such time.  Your continued use or access of the Service following the posting of any modifications to these Terms indicates your acceptance of those changes.
   
2. Miscellaneous.

1. Exclusivity. These Terms represent the entire agreement between you and TAZ with respect to the subject matter of these Terms, and they supersede all prior or contemporaneous, oral or written, proposals, understandings, representations, conditions, warranties, and all other communications between you and TAZ with respect to the subject matter of these Terms. These Terms may not be deemed modified, explained, or supplemented by any prior course of dealings, trade custom, or trade usage.
2. Cumulative Rights. The parties’ rights under these Terms are cumulative and shall not be construed as exclusive of each other unless otherwise required by law.
3. Waiver. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.
4. Severability. If any provision of these Terms is determined to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
5. Agency. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms and neither party has any authority of any kind to bind the other in any respect.
6. Governing Law. These Terms shall be governed by the laws of the State of Georgia, notwithstanding any conflicts of law principles.
7. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TAZ without notice to you or restriction.
8. No Third Party Beneficiaries. These Terms constitute an agreement between you and TAZ. Except as expressly provided herein, these Terms shall not be deemed to give any third party any rights. 
9. Notice. Any questions, complaints, or claims with respect to the Service or these Terms should be directed to:
   

Todd Wenzel, Inc. d/b/a TheAwardZone

Attn: Award Headquarters

PO Box 2548

Woodstock GA 30188

Or via email at:

support@spotrebate.com

1. Headings. The section headings used in these Terms are for convenience only and will not affect the interpretation of these Terms.