how-to block ads
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EGeezer
Summertime -
Premium
join:2002-08-04
Country!
 ·Callcentric
 ·RoadRunner Cable
·AT&T CallVantage
| reply to eburger68
Re: Opinions, please: eBates MoeMoneymaker
Hi Eric,
I looked at the site and it appears to be fairly legitimate, but I did not examine the "Moemoney" download or the website code to see if spyware is installed at any point.
The privacy and Terms and conditions seem to be written clearly and not purposely legalese as are some other sites. I noted a BBB logo, something not consistent with the usual round of spyware/crapware purveyors. Of course that doesn't preclude their from doing those things that fall into your criteria. It does, however provide some amount of visibility and method of pursuing complaints through a recognized organization.
Your terms of inclusion are clear, and describe in generic terms targeting activities and not people or businesses. If the user has a clear option to remove a specific site from IE Spy-ad block list, I see no problem here.
Your IE Spy-ad is actually less restrictive than Microsoft's own recommendations to set security high for all internet sites and add trusted sites to trusted zone. ( »www.microsoft.com/security/incid···ngs.mspx if M. Isolani asks ... )
EG
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Save us from those who seek to solve problems they haven't defined but treat them gently because sometimes they may really have something. | |
SnowyOne
Premium
join:2003-04-05
Kailua, HI
·RoadRunner Cable
 ·Clearwire Wireless
| "The privacy and Terms and conditions seem to be written clearly and not purposely legalese as are some other sites."
C'mon Paul, give me a break here, you actually read this?:)?
Terms & Conditions, ELUA & Other Stuff
Please read this Member Agreement (the "Agreement") carefully before enrolling as a member of the Ebates Shopping Discount Program (the "Program") or downloading the Moe Money Maker™, a product of TopMoxie. 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 Moe Money Maker™, you agree to be bound by the Program Terms and Conditions. Enrollment is defined as providing Ebates with your valid email address and a password in which to access your account. Downloading, installing, and/or utilizing the Moe Money Maker does not confer the status of "Member" until the Moe Money Maker™ user completes the Enrollment process. By agreeing to Ebates' terms and conditions, you also agree to the terms and conditions of Ebates' Moe Money Maker™ software provider TopMoxie. For TopMoxie's complete terms and conditions, click here. Participation in the Program and its benefits are offered at the discretion of Ebates, and Ebates has the right to change the Program Terms and Conditions, in whole or in part, at any time with or without notice.
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 Ebates. You may maintain only one account. Any duplicate accounts will be subject to cancellation.
3. The Program is only available via access to the Ebates Web site (»www.ebates.com). You must have Internet access and an email address to be eligible to receive the privileges and benefits of membership. Ebates is not responsible for your inability to connect to the Internet, log into the Ebates Web site, or access your Ebates 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 Ebates. Refusal to abide by this or any other rules may result in Ebates stripping you of referrals and/or canceling your membership.
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 Ebates (an "Affiliated Merchant"). The percentage will be enumerated on the Ebates 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 Ebates 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 Ebates Affiliated Merchants will be deemed a "Qualified Purchase" and will be subject to earn a discount 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 Ebates Web site and being successfully connected to the Affiliated Merchant's Web site based upon that click. Individuals who download the Moe Money Maker 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 Moe Money Maker is only a shopping reminder service provided by Ebates; for reliability of tracking we recommend you start your shopping trip at the Ebates.com website. 3) Ebates 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. All purchases must be started and completed in one shopping session within the Ebates shopping program. If you start a purchase, then complete it in a different session, you will be ineligible for a rebate.
7. The determination of whether or not a purchase made through an Ebates Affiliated Merchant is a "Qualified Purchase" is at the sole discretion of Ebates.
8. "Account Activation" is completed upon the making of a Qualified Purchase at any Ebates merchant site. In case of return or cancellation, Ebates retains the right to reverse account credit.
9. Discounts 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 Ebates 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 discounts, depending on the amount of discounts you accrue and the tax laws of federal, state, and local jurisdictions. Ebates 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 discounts.
11. The following purchases are not eligible for accrual or payment of discounts: Dell Computers: any purchase of Dell products and services in which the transaction is substantially completed by telephone or by a Dell salesperson. Priceline.com: only purchases of airline tickets and hotel reservations qualify for a discount. Prescriptions from all merchants are not eligible as well, due to Federal/State laws and regulations. Monthly Deliveries, such as Wine-of-the-month clubs and Pet foods, are not eligible for a discount unless all months are paid for up front through Ebates. Gift Certificates that are purchased at any of our merchants, with the exception of Spa Wish, are also not eligible for a discount. Referral and affiliate revenues will not include a percentage of monies placed in member discount accounts resulting from a special promotion. Most purchases that are picked up at a warehouse or a store location do not qualify for a cash discount.
12. It is your responsibility to check your account regularly to ensure that discounts have been properly credited and that your account balance is accurate. If you do not believe that a discount 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 Ebates Customer Care. Furthermore, all discounts earned by Members are subject to review. Necessary adjustments may be applied to Member accounts at any time by Ebates 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. Ebates 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. Ebates 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 discounts caused by such changes, discontinuance, or withdrawal. Ebates 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 Ebates site, we cannot guarantee that you will be eligible to receive an Ebates discount on your purchases.
14. Money earned through the referral program will be paid along with regular discounts. Continued payments of referral monies will be made at the sole discretion of Ebates. 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. Accrued discounts will be dispersed to the Members on or around August 14th, November 15th, February 15th, or May 15th. In order for an accrued discount 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, and Dell Small Business will post to accounts immediately. However, due to the 45 day return policies of these merchants, discounts 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.
16. It is your responsibility to keep your account information current in order to facilitate the payment of your discounts. In the event that your information is not current at the time of payment, you forfeit all accrued discounts to Ebates.
17. Upon registration for the Program, you will select a password that will allow you to access your Ebates account (via the Ebates Web site) to verify transfers, check account balances, and modify your account information.
18. You must be logged into Ebates and enter your password to access your account. You may check your account status and recent earning history at any time you are able to access the Ebates Web site.
19. Ebates 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. Ebates is not responsible for any credits or debits made to your account by someone else who uses your password.
20. In downloading and/or installing the Moe Money Maker Software, you agree to the following:
1)Ebates and its agents may pop up brief alerts when you can save money by shopping through Ebates or by using the Moe Money Maker Software. 2)Ebates may direct your traffic to the merchant of your choice. This may be done a)by presenting a choice in a pop up alert asking whether you wish to save by shopping through Ebates, thereby directing your browser through Ebates in order to ensure you earn a reward, or b)by automatically routing you through Ebates and automatically earning you a cash-back discount with no further action on your part being necessary. 3)Ebates may disable or uninstall any other product or software tool that might interfere with the operability of the Moe Money Maker Software or otherwise preempt or render inoperative the Moe Money Maker Software in a manner that might jeopardize the ability of Ebates to earn you cash back discounts or coupon savings offered by Ebates. In installing the Moe Money Maker Software, you authorize Ebates to disable, uninstall, or delete any application or software that might, in Ebates' opinion nullify its function and put you at risk of loosing the cash-back savings that Moe Money Maker Software is designed to earn you. 4)If you would like to utilize another savings tool, you can simply uninstall the Moe Money Maker Software before installing a competitive application. The Moe Money Maker Software can be easily uninstalled through the standard 'add or remove programs' control panel, or through the Moe Money Maker's preference settings.
21. No discounts earned or granted under the Program may be assigned or transferred to any third party except as expressly permitted by Ebates in writing. The sale or barter of any such discount, other than by Ebates, is expressly prohibited. Accrued discounts do not constitute property, and are not transferable: (i) upon death; (ii) as part of a domestic relations matter; or (iii) otherwise by operation of law. Any discounts assigned, sold, or otherwise transferred in violation of the Program Rules may be confiscated or canceled. Any violator of the foregoing restriction is subject to account termination, deduction of discounts from his or her account, and/or liability for damages and litigation and transaction costs.
22. You authorize Ebates to disclose to third parties information you have provided, or information that Ebates has obtained about your Ebates account or shopping behavior: (i) to agents of Ebates 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 discounts. Further, you authorize Ebates to receive any account information from any Affiliate Merchant including, but not limited to information regarding the Qualified Purchase such as the products ordered, the order number, the time and date the Qualified Purchase occurred, the email address entered for the Qualified Purchase. You agree to hold the Affiliated Merchant harmless for any information disclosed to Ebates. If you choose to download the Moe Money Maker™, you allow Ebates to collect, use and sell non- personalized marketing information regarding your visits and purchases to internet commerce sites.
23. By signing up for membership at Ebates, you agree to let us email you shopping-related emails as well as communications related to your account administration (e.g. that we've added money to your account, that we are mailing you a check on a certain date, etc). You can opt-out to any of our marketing emails. We send three different types of shopping-related emails: The Savings Newsletter, Bonus Offers, and Specials and Coupons. Each of these must be unsubscribed to separately. You can easily unsubscribe to any or all three by going to your account page and hitting the 'click here to edit your profile' link. Alternatively, you can unsubscribe to any single type of mailing by following the unsubscribe link on it. Since we need to communicate account information with you (for example, if we mail you a check and it returns to us as having an incorrect address), you can not unsubscribe from these emails. Rest assured that we don't send account emails unnecessarily. If you don't wish to ever hear from us, even if just to hear that we tracked your purchase and awarded you a discount, you can close down your account by contacting customer service. But frankly we'll be quite offended.
24. THE EBATES PROGRAM AND THE MOE MONEY MAKER™ ARE BEING PROVIDED TO MEMBER "AS IS" WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EBATES DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROGRAM, 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.
25. EBATES 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 EBATES INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE EBATES WEB SITE, EBATES DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS THAT THIS SITE IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, EBATES DOES NOT WARRANT THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND EBATES ASSUMES NO RESPONSIBILITY FOR ANY DAMAGE CAUSED BY YOUR ACCESS, OR INABILITY TO ACCESS, THIS SITE., INCLUDING, BUT NOT LIMITED TO, YOUR INABILITY TO ACCRUE DISCOUNTS BY PURCHASING ITEMS WITH AN AFFILIATED MERCHANT.
26. IN NO EVENT WILL ANY OTHER COMPANY WITH WHICH EBATES HAS A CORPORATE PARTNERING RELATIONSHIP, INCLUDING WITHOUT LIMITATION, CO-BRANDING, CO-MARKETING, JOINT DEVELOPMENT, A MERCHANT RELATIONSHIP, OR A SUPPLIER RELATIONSHIP (EACH A "CORPORATE PARTICIPANT") BE LIABLE TO YOU FOR NON-PERFORMANCE OF EBATES OBLIGATIONS. YOU AGREE NOT TO SUE ANY CORPORATE PARTICIPANT FOR NON-PERFORMANCE BY EBATES. IN NO EVENT SHALL EBATES 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 EBATES IN ADMINISTERING THE PROGRAM; (III) THE USE OR INABILITY TO USE THIS WEB SITE; (IV) THE USE OR INABILITY TO USE THE MOE MONEY MAKER™ 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 MOE MONEY MAKER™ SOFTWARE, OR (V) THE PURCHASE OR USE OF ANY MERCHANDISE, PRODUCTS, OR SERVICES OF MERCHANTS OR SUPPLIERS, EVEN IF EBATES, 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.
27. MEMBER AGREES TO INDEMNIFY AND HOLD EBATES, 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.
28. Ebates 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 discounts in your account. Notification of Program termination will be sent to the email address you provide to Ebates during the registration process. Ebates will not be responsible for failing to notify you of Program termination where such failure is caused by any reason outside the control of Ebates, including an error in your email program, an inaccurate email address, your failure to check for your email online, or your failure to inform Ebates of a change in your email address.
29. Ebates 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 Ebates 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.
30. 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 discounts, or any misrepresentation of any information furnished to Ebates 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 Ebates account and/or forfeiture of your accrued discounts.
Ebates 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 account that is closed will have all funds in it taken back by Ebates, and will no longer allow user login under that username and password. If there is over the minimal payout amount in a Dead Account, Ebates will attempt to contact the holder of the Dead Account. Remember, we'd much rather have a happy customer than a closed account. But if you haven't come by in a year, and no reply is received to our attempt to give you money within 30 days, Ebates will close the account and take back any funds therein.
31. All questions or disputes regarding the Program, including without limitation, questions or disputes regarding eligibility for the Program, or the eligibility of discounts for accrual or redemption, must be submitted in writing within 60 days of the qualifying transaction, to Ebates at: Customer Service, Ebates Inc., 185 Berry Street, Suite 4700, San Francisco, CA 94107-1739, or contact Contact Customer Care. Any such disputes shall be resolved by Ebates at its sole discretion. All interpretations of Program Terms and Conditions shall be at the sole discretion of Ebates. In the event that an error is made by Ebates, your sole remedy shall be the credit of the disputed discount to your Ebates account.
32. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without reference to conflicts of law rules. As a condition of the use of the Ebates website and service, you (the Member) agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California and therefore agree to file any grievance or suit of any kind exclusively in the courts located within the county of San Francisco. 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. Ebates' 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 Ebates and the Affiliated Merchants or between Ebates and any other of its Corporate Partners. Neither the Affiliated Merchants nor any Corporate Partner shall have the ability to create any obligation on Ebates' behalf. This Agreement constitutes the entire agreement between you and Ebates with respect to the Program.
Version 2.0
TopMoxie End User License Agreement
This END USER LICENSE AGREEMENT (the "Agreement") contains rights and restrictions associated with use of the accompanying software, documentation and services (as may be upgraded from time to time, the "Software and/or Services"). By installing the Software you agree to the terms and conditions of this License.
1. Scope of Licensed Rights.
TopMoxie, Inc. grants you a non-exclusive license to install and use the current version of the Software and access the accompanying Services, free of charge, if your use of the Software is exclusively for your personal, non-commercial purposes.
2. License Restrictions.
When installed on your computer, the Software periodically communicates with our servers in order to update and monitor the Services. We may update the Software on your computer when a new version is released or when new features are added. These updates occur automatically. Notwithstanding the above, we have no obligation to make available to you any subsequent versions of the Software, and can at any time revoke this license and terminate the Services.
You may not modify, reverse engineer, decompile or otherwise disassemble the Software in any way. You may not create derivatives of the Software, and you agree not to attempt, or allow others to attempt to reverse engineer and/or modify the Software source or object code. Any and all modifications or enhancements to the Software shall remain the sole and exclusive property of TopMoxie. You further agree not to access or attempt to access the Software or Service by any means other than the interface provided by TopMoxie. You understand that TopMoxie, in its sole discretion, may modify, discontinue or suspend your right to access the Software/Service at any time.
The Software may not be leased, assigned, or sublicensed, in whole or in part. TopMoxie reserves all rights in the Software/Service not expressly granted to you in this Agreement.
Persons under the age of 13 may not license the Software.
You understand that the Software is a voluntary software program, and you may uninstall it at any time by using the Windows add/remove programs function. However, by uninstalling the Software, you will be unable to access the Service.
3. Ownership.
You agree that the Software is licensed and not sold to you, and that the Software and Services are owned by TopMoxie, including all intellectual and property rights in the Software and Services. TopMoxie maintains all right, title and interest in and to the Software and Services at all times, and regardless of the form of media in or on which the original or other copies may subsequently exist. In addition, all content accessed through the Software is the property of the applicable content owner and may be protected by applicable intellectual property laws. This Agreement gives you no right to such content.
4. Trademarks and Logos.
TopMoxie is a trademark of TopMoxie, Inc. All other trademarks and service marks are the property of their respective owners.
5. Your Obligations.
You represent and warrant that you are the owner of the computer that you have authorized the download and installation of the Software, or the owner of the computer has authorized you to do so. You agree, with respect to all other users of the computer that you have caused the Software to reside, to (i) provide a copy of this End User License Agreement; and (ii) to obtain their consent to same before allowing them to use the computer to view Web sites on the Internet.
You agree not to use the Service to conduct any business or activity or solicit the performance of any activity, which is prohibited by law, or any contractual provision by which you are bound. You agree to comply with all applicable laws, rules and regulations in connection with the Service. You agree that you will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of our Web site.
6. Disclaimer of Warranty.
USE OF THE SOFTWARE, SERVICES, OUR WEB SITE, AND ANY CONTENT AVAILABLE THEREFOR IS AT YOUR OWN RISK. TOPMOXIE PROVIDE(S) THE WEB SITE, SOFTWARE, SERVICES, AND CONTENT ON AN "AS IS", "WHERE IS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. TOPMOXIE MAKES NO WARRANTY THAT (i) THE SERVICES, CONTENT AND SOFTWARE ARE ACCURATE, TIMELY, UNINTERRUPTED OR ERROR-FREE; (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, CONTENT OR SOFTWARE WILL BE RELIABLE; (iii) THE SERVICES WILL IDENTIFY ANY IDENTITY THEFT, (iv) THE QUALITY OF ANY PRODUCTS OBTAINED OR PURCHASED THROUGH THE USE OF THE SERVICES, CONTENT OR SOFTWARE WILL MEET YOUR EXPECTATIONS; OR (v) ANY ERRORS IN THE SOFTWARE, SERVICES OR CONTENT WILL BE CORRECTED. The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain implied warranties.
7. Links.
Our Web site or Services may contain links to Web sites operated by other parties. The linked Web sites are not under the control of TopMoxie, and TopMoxie is not responsible for the content available on any other Internet sites linked to our Web site. Unless otherwise stated, such links do not imply TopMoxie’s endorsement of material on any other Web site, and TopMoxie disclaims all liability with regard to your access to such linked Web sites. Your access to any other Web sites linked to this Web site is at your own risk.
8. Termination.
You may terminate this Agreement at any time by uninstalling and destroying all copies of the Software in your possession or control. The License will terminate automatically if you fail to comply with the limitations described herein. On termination, you must destroy all copies of the Software.
9. Limitation of Liability.
IN NO EVENT WILL TOPMOXIE, ITS EMPLOYEES, DISTRIBUTORS, SUPPLIERS, ADVERTISERS, DIRECTORS OR AGENTS (COLLECTIVELY "PROTECTED PARTIES") BE LIABLE FOR ANY INDIRECT DAMAGES OR OTHER RELIEF ARISING OUT OF YOUR USE OR INABILITY TO USE THE SOFTWARE OR SERVICES INCLUDING, BY WAY OF ILLUSTRATION AND NOT LIMITATION, 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, SERVICE OR WEB SITE, EVEN IF A PROTECTED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT WILL TOPMOXIE’S MAXIMUM CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED $1,000.00.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, TopMoxie’s liability shall be limited to the extent permitted by law.
10. Export Controls.
The Software and the underlying information and technology may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you are agreeing to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws.
11. Governing Law.
TopMoxie operates its Web site and provides the Software and Services from our offices in California, USA. The laws of the State of California will govern this Agreement, without reference to conflicts of law principles. The United Nations Convention on Contracts for the Sale of Goods does not apply to this Agreement.
12. Arbitration.
Any claim or controversy arising our of or related to this Agreement, or the products or services we provide shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association. Any such claim or controversy shall be arbitrated on an individual basis and shall not be consolidated with a claim of any other party. The foregoing shall not preclude TopMoxie from seeking any injunctive relief for protection of TopMoxie’s intellectual property rights.
13. Limitation of Support.
If you are using the Software free of charge under the terms of this agreement, you are not entitled to support or telephone assistance from TopMoxie.
14. Successor Agreements.
The terms of this Agreement may change in the future. TopMoxie will always post such changes on our Web site that can be accessed at »www.topmoxie.com/eula.htm.
You agree that after such notice, you consent to the successor Agreement, unless you affirmatively indicate to TopMoxie by email that you do not accept the successor Agreement. If you do not accept the successor Agreement, you should remove the Software from your computer. Failure to remove the Software from your computer indicates acceptance of the terms of the Agreement and any successor Agreements. Except as provided in this Section, this Agreement may not be revised except in writing signed by both parties.
15. General.
This Agreement, as modified from time to time as described above, and including the policies incorporated by reference, sets forth the entire understanding and agreement between you and TopMoxie with respect to the subject matter hereof. If any provision or provisions hereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected or impaired thereby. TopMoxie shall not be liable for any delay or failure in performance under this Agreement or interruption of service resulting from acts of God, civil or military authority, war, labor disputes, materials provided by third parties, or any cause beyond the reasonable control of TopMoxie. You may not assign this Agreement without our consent
1) What data we collect and why
Our vision at Ebates is to maximize the rewards for all of our members and to provide them with as many benefits as possible. The first key way in which we provide value is to discount the commissions we receive from our merchants to you. Instead of keeping these funds for ourselves, we make our money primarily from marketing partnerships with our merchants, and advertising.
When first registering with Ebates, you will be asked to provide your name, address, income and age. This information helps us understand your interests and develop an understanding of what might appeal to you. Based on these demographics, we are able to determine what types of merchants and specials would benefit our members most.
When a member shops or visits one of our merchants, Ebates may track this information to have a summary of our member's buying interests. This information will be used by Ebates to make relevant and personalized offers to our members. As with any other information that you supply to Ebates, none of the information that we collect will be released in any personally identifiable way, only in aggregate or anonymous form.
2) How your information is used
We collect information to provide better, more relevant offers to you, whether it is targeted advertising, new merchants that we think our members may like, or choosing new partnerships.
3) Who sees your personal information
Only a very limited number of Ebates employees ever have access to your personal information. Primarily this information is accessed to provide customer service or to send you your discount checks.
We may use contractors or vendors to help us provide some of the services at our site. If we need to disclose personal information for them to provide the services, it is with the requirement that the information is kept confidential and is used only for those services.
4) How we keep your information secure
Ebates uses a secure, encrypted connection (called an SSL connection) on all pages where you transmit personal data to us. Whenever you access any of your account pages or change any of your user information, it is done over an SSL connection to Ebates. In spite of the fact that all important data is sent over an SSL connection, you may notice that on merchant pages, the "padlock" icon in the corner of your browser sometimes does not appear. This is a display issue only, and is caused by the fact that the merchant session is running inside a frame. Rest assured that any time you enter your credit card information at a merchant site, it IS an SSL connection secure connection.
Ebates fully GUARANTEES the use of your credit cards when shopping through Ebates at any of our affiliated merchants. If, as a direct result of your shopping through Ebates, someone uses your credit card information to make fraudulent purchases, Ebates will reimburse you for any costs the credit card company charges you. Please refer to the user agreement for complete information. Additionally, all of our database servers that contain customer information reside only on Ebates' physically secured premises or in our equally secured locations at our service provider.
5) Your privacy with Ebates
Ebates will never ask for your username, password or any other personal information in an unsolicited phone call, email or letter.
Further, any contact with Ebates customer service in which personal information is exchanged with a customer service representative will be used only for the purpose of satisfying that request. Any personal information you provide will not be recorded or used for any reason beyond that of the stated request without your consent.
6) Your privacy with our merchants and advertisers
Ebates contains links to various other sites. Each of these sites has a privacy policy that may differ from that of Ebates. The privacy practices of other websites linked to Ebates are not covered by this privacy policy.
Ebates will not disclose any of the personal information supplied upon registration to our merchants. The only information that may be shared between Ebates and one of our listed merchants is information that pertains to orders. Order information, including order numbers and amounts, may be available to either Ebates, the merchant, or third party affiliate program management companies for accurate discount tracking purposes. This information will not be released by Ebates to other parties unless required by law or to protect Ebates and its members from losses.
Ebates does not record any personal information passed from our members to our merchants, including credit card information or merchant passwords.
7) Our policies on email
Ebates does not support spamming by our members and we explicitly prohibit it in our member agreement. If you would like to report an incident of spamming, please contact abuse@ebates.com. We will investigate and take suitable action at our discretion.
We ourselves send out three kinds of emails. Our members may receive:
1) email essential to the maintenance of your account (most commonly when we need your address to mail you a check);
2) email notifying you about credits and debits to your account (most commonly when we credit you with a discount); and
3) email newsletters and special offers from Ebates and our merchants and other partners. You always have the option of opting out of types 2 and/or 3 here.
Please understand that, though we may have some small influence over our members, we fundamentally cannot control the online or offline actions of our members or other parties, especially when it comes to their use of email or participation in moderated or unmoderated newsgroups. While we will investigate complaints sent to abuse@ebates.com and take appropriate action with our members, we will typically not provide any information to third parties about our conversations with our members. We encourage people to resolve disputes directly with each other and discourage people from attempting to use Ebates to police their mailbox or newsgroup.
8) Cookies and how are they used
Cookies are small text files that a web site can write to your computer. We may use cookies to identify you and allow you to log in once to Ebates and shop without having to log in again. Cookies are also used by many of our merchants to identify you as an Ebates member.
Ebates requires its members to have cookies enabled in order to accumulate discounts.
9) Your choices and responsibilities
Periodically we may send you emails on new Ebates features or special offers. On every one of these emails you will be given the choice to unsubscribe from Ebates mailings. Choice of membership is yours at all times, and you are free to remove yourself as a member of Ebates at any time. Simply follow the directions in any of our emails.
You may also choose to what degree you would like us to contact you. When we ask for your account info, you may choose that we contact you with special offers, contact you about your orders, or not contact you for either.
It is the member's responsibility to update and maintain accurate contact information in their account. You can make changes by visiting your account page and entering corrections. Email and street addresses that are entered into a member's personal profile page are the addresses that will be used for all contact including the mailing of discount checks. Ebates is not responsible for checks that are sent to incorrect addresses, if the address in question was the address listed in that member's account at the time of issuance.
We will post all changes to this Privacy Agreement here at our site. Please check for revisions when you visit our site again so that you will always be aware of our policies and any changes that might occur.
10) Integrity
Having represented the People of the State of California collectively for ten years in a never ending fight for justice, the founders of Ebates know that your word is who you are and integrity is the cornerstone of any enterprise whether public, private or personal. As such, you have our word that we will protect your privacy and safeguard your shopping at all times.
Paul Wasserman
Alessandro Isolani
Co-Founders, Ebates
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Dave said "By the way, 4294967295 is just another way to write -1". | |
EGeezer
Summertime -
Premium
join:2002-08-04
Country!
·Callcentric
·RoadRunner Cable
·AT&T CallVantage
1 edit | Aloha Snowy,
I did indeed read it. It was lengthy, but uses the more "plain english" legalese and is broken out into itemized paragraph format as opposed to the unformatted cryptic crap.
for instance, if you look at item 20 in Terms and conditions, (»www.ebates.com/terms_conditions.jsp ) regarding Moe Moneymaker, it clearly states
said by T&Cs:
Ebates may disable or uninstall any other product or software tool that might interfere with the operability of the Moe Money Maker Software or otherwise preempt or render inoperative the Moe Money Maker Software in a manner that might jeopardize the ability of Ebates to earn you cash back discounts or coupon savings offered by Ebates. In installing the Moe Money Maker Software, you authorize Ebates to disable, uninstall, or delete any application or software that might, in Ebates' opinion nullify its function and put you at risk of loosing the cash-back savings that Moe Money Maker Software is designed to earn you.
There's no doubt what it will do. Also no doubt that I did not choose to download it and would not use the service.
Edit - Eric, based on this alone, you are fully justified in including ebates in your list. disabling and uninstalling unspecified software on a user's system is unacceptable.
EG
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Save us from those who seek to solve problems they haven't defined but treat them gently because sometimes they may really have something. | |
Mele20
Premium
join:2001-06-05
Hilo, HI
1 edit | reply to SnowyOne
Gee, couldn't you have linked instead of posting the entire agreement? 
What is wrong with the agreement? I like eBates. JCPenney is one merchant you can get the extra discounts with and that is my favorite store. You can unenroll easily in the emails and you are really unenrolled. I got tired of the emails and had no trouble unenrolling. How can you complain about a site that hands you 2% of the purchase price for a Dell computer for just going through their site to make the purchase? The only complaint I have is that it was very difficult, as I said, to get the Dell store to not keep crashing and it crashed when I went to it through eBates and was very unstable going to it directly but it didn't crash.
Now if eBates has some scam where it deliberately crashes the merchant's store so you can't ever get the rebate promised then that is very bad but I have no evidence of that as the Dell site was down half that evening and very shaky when it wasn't down.
At one point, I called Dell and tried to make the purchase over the phone and the lady said I could even get the eBates over the phone but I couldn't use both coupons from eBay only one allowed. Both allowed only online.
What is this Moemoney something? I didn't install that and wasn't asked to and you still get your rebate. I never heard of the Moemoney thing until now. I was linked directly to eBates from the eBay site where I purchased the Dell coupons and I only had to provide an email address and then I was automatically linked to the Dell store. That Moemoney thing does look nasty but just don't install it. You don't need to use eBates until you are ready for your purchase and if the merchant is a member then you go to eBates after you have your purchase ready and you link to the merchant's store through eBates only for the length of time it takes to make the purchase. Then get rid of eBates cookies and later unenroll in the emails.
Edited: Ugh! I had that wrong 10% as the rebate in this post also. It's a 2% rebate.
--
"Everything can be taken from a man or woman
but one thing: the last of the human freedoms
- to choose one's attitude in any given set of
circumstances, to choose one's destiny."
Victor Frankl - Man's Search for Meaning
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