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Ebates Performance Marketing, Inc. dba Rakuten Rewards is the owner and operator of www.ebates.com and www.rakuten.com ("Company") and offers a service enabling you to enroll a payment card in order to earn rewards or benefits when you make qualifying transactions at participating merchants ("Service").

You accept these terms when you enroll a card in the Service. Company may add to, change or remove any part of these terms from time to time. If Company changes any material terms that would have a material adverse effect on your rights as they are presented to you in these terms, Company will notify you via email or through other reasonable electronic means. Your continued participation in the Service, including receiving benefits and rewards when you make a qualifying transaction at participating merchants, constitutes your acceptance of any changes to these terms.

To receive benefits and rewards through the Service, you must enroll a valid, eligible card with the Service. Company leverages the transaction matching technology provided by the Rakuten Card Linked Offer Network, Inc. ("RCLON" and together with Company, "we" or "us") to provide you the Services. Company also collaborates with third party offer networks, including but not limited to Rewards Network Establishment Services Inc. (“Offer Networks”) to provide you additional offers and features to the Services.

By enrolling a card in the Service, you agree that your payment card network (e.g., MasterCard, American Express, Visa) or payment processor may monitor transactions on your enrolled card at participating merchants and share Transaction Data (defined below) with us for the purposes of determining whether you have made a qualifying purchase and providing you targeted offers. Transaction Data includes, but is not limited to, merchant name, merchant location or other store identifier, transaction date, and transaction amount. We will also share details of your qualifying purchases with Offer Networks in order for you to participate in the additional rewards programs you choose. You agree that none of the payment card networks have any responsibility or liability in connection with the Service.

You may remove your payment cards from the Service at any time by visiting Credit Cards. When you do so, we will no longer receive future Transaction Data associated with your payment card, but we will retain historical Transaction Data to track rewards and benefits due under the Service and for account management and member services purposes.

Card and Transaction Eligibility

The Service is limited to payment card transactions processed through the payment card networks and supported payment card processors. If a payment card transaction is processed outside one of the payment card networks or payment card processors with which we are integrated, we will not receive the Transaction Data and we will not be able to match it with an offer. Payment cards not eligible for use with the Service include, without limitation, corporate and purchasing cards, Health Savings Account (HSA) cards, Flexible Spending Account (FSA) cards, government-administered prepaid cards (including EBT cards), insurance prepaid cards, Visa Buxx and cards with virtual card numbers (e.g. Apple Mastercard, etc.).

Not all merchant locations or transactions with your enrolled card may be eligible for benefits and rewards, including PIN-based purchases, payments made through third-party digital wallets or payment apps other than Apple Pay® and other transactions not processed through the payment card network’s own system. Do not use a Personal Identification Number (PIN) when paying for your purchase transactions if you want the transaction to qualify for rewards or benefits under the Service.

The rewards for which you are eligible may vary depending on a variety of factors, such as the participating merchant and your level of activity within the Service. You may be eligible for rewards and offers that are not available to others and other rewards and benefits may not be available to you. Information on the type, amount, limits, and other conditions on rewards and benefits available to you, as well as current participating merchants, are available by signing in to your account with your unique login. You are responsible for reviewing this information before you make a purchase at a participating merchant, as these details may change from time to time and may affect the rewards and offers you receive.

In some cases, a participating merchant’s payment card processor may experience a lag time (approximately 24 hours) between when a credit card is enrolled and when the payment card processor is able to identify and provide us with the Transaction Data associated with the card. If you believe that you are eligible for rewards for dining at a participating merchant, and those rewards have not registered in your account within 10 days of the dine, please visit Missing Cash Back. We reserve the right to require that you provide a receipt from the participating merchant or documents reasonably required by us to evidence an eligible transaction in order to receive your reward.

Limits on enrolled cards

You may register up to twelve (12) cards with our restaurant program, but any one eligible card may be enrolled in only one dining program. If you subsequently enroll a registered card with another dining program that is not operated by us, we will remove your card from participating in our dining program. For example, if you enrolled your credit card to earn rewards under our Restaurants In-Store Offers, and you later enroll that same credit card to earn rewards under a third-party dining program, you will no longer be eligible to earn rewards under our Restaurant In-Store Offers, and we will notify you of this by email.

Data Sharing and Usage

To operate the Service, we will share and use payment card and Transaction Data in order to:

• Provide information about your enrolled card to payment card networks so they may monitor transactions on your card at participating merchants.
• Receive Transaction Data from payment card networks or payment card processors for enrolled cards at participating merchants to determine qualifying transactions and provide you with benefits and rewards. Such data may also be used to target offers that may be of interest to you in the future.
• Provide all or a portion of the information collected to Offer Networks, and our respective third-party suppliers, vendors, or contractors to facilitate and administer the Services.
• Analyze Transaction Data to create performance reports that may be shared with publishers, merchants and their agents. These analyses may also be used to support general marketing to encourage consumers to enroll in the Service.
• Provide Transaction Data to participating merchants or their agents to validate qualifying transactions and assess the results of specific campaigns.
• Share Transaction Data with certain participating publishers so they can provide rewards and benefits to you and assess merchant campaign performance.

Information Disclosed for Our Protection and the Protection of Others

We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including, but not limited to, subpoenas), to protect the property and rights of Company or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable activity.

License to the Service

Subject to these terms, Company grants you a limited, non-exclusive, non-transferable and revocable license to access and use the Service. Company (or its affiliate) reserves the right to change, upgrade or discontinue the Service or any feature of the Service at any time, with or without notice.

Privacy, Security and Information Collection

By using the Services, you are authorizing us, our Offer Networks, participating merchants, Payment Card Networks, and payment card processors to obtain, provide and use transaction information related to your purchases (such as date, time and amount) at participating merchants in order to calculate rewards, redeem rewards and facilitate and make the Services available.

You agree and authorize us to collect, retain and use information collected in your use of the Service. Your payment card information will be encrypted and stored in the Service’s databases.

Electronic Communications

You agree that we may communicate with you by means of electronic communications regarding these terms, the Service, payment card information and any other matter relating to your use of the Service.

Termination

We reserve the right, at any time, to modify or discontinue offering the Service in our sole discretion. If you are dissatisfied with any aspect of the Service at any time, your sole and exclusive remedy is to cease using the Service. You agree that we will not be liable to you or to any third party for any modification, suspension or termination of the Service.

Service Limitations, Qualifications & Disclaimers

Any failure to comply with these terms, any fraud or abuse relating to the accrual or receipt of benefits and rewards, or any misrepresentation of any information furnished to Company or its affiliates by you or anyone acting on your behalf may result in the termination of your enrollment in the Service and forfeiture of your benefits and rewards.

The Service is being provided to member "as is," with no warranty. We reserve the right to terminate the Service at any time with or without notice. To the maximum extent permitted by law, we disclaim all representations and warranties, express or implied, with respect to the Service.

You agree to indemnify and hold Company, RCLON, the Offer Network, the payment card networks and each of their parents, subsidiaries, affiliates, officers, directors and employees harmless from any claim or demand, including reasonable attorney's fees, made by any party due to or arising out of your use of the Service.

If any provision of these terms 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. Company's failure to insist upon or enforce strict performance of any provision of the Agreement shall not be construed as a waiver of any provision or right. These terms constitute the entire agreement between you and Company with respect to the Service.