Last Revised: 4/28/2016
Terms and Conditions
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PLEASE NOTE THAT THIS AGREEMENT CONTAINS A BINDING INDIVIDUAL ARBITRATION PROVISION IN PARAGRAPH 12 THAT AFFECTS YOUR RIGHTS TO SUE UNDER THIS AGREEMENT.
Table of Contents
- Terms and Definitions
- Provisions of the iConsumer Program
- User Content
- iConsumer Button
- Stock Rewards
- Member Obligations
- No Warranty
- Limitation of Liability
- Dispute Resolution
- Entire Agreement; Choice of Law; Enforceability; Relationship of the Parties
- Copyright Infringement
1. Terms and Definitions
Affiliate Stores: The businesses that participate in the iConsumer program by compensating iConsumer on a transactional basis.
iConsumer Button / Browser App: Downloadable toolbar (or, in some browsers, an extension or add-on) or other similar term used to describe downloadable software (including configuration and data files) that provides you access to Coupons based on a search conducted by you or that are offered based upon sites you visit or searches you conduct in your browser where the Browser App is installed and is enabled.
Cash Back Rewards Minimum Amount: The minimum balance in a Member's account from Cash Back Rewards that is required for Member to acquire a conditional right to obtain a payment for the Cash Back Rewards. The minimum amount is currently $25.00 in Cash Back Rewards. Merchandise returns, Dormant Account balance reductions, or prior Cash Back Reward payments made to the Member will be deducted from the Member's account. A Member has no right to payment until: (1) that Member's account has reached the Cash Back Rewards Minimum Amount; and (2) that Member has complied with the requirement to verify his or her information prior to the deadline date for Cash Back Reward check processing.
Cash Back Rewards: Credits to Members' accounts via Qualified Purchases of goods and services. Unless otherwise defined in this agreement, Cash Back Rewards also include Stock Awards and Cash Back Awards.
Contact Information: Sufficient information to establish a Member's unique identity, including, but not limited to, information sufficient to meet the requirements of regulatory agencies. For example, iConsumer may require "Two Factor Authentication" -- typically a unique cell phone number or other physical device, in order to establish a member's identity and more effectively secure member's account.
Coupons: Coupons, deals, discounts, special offers, promotional codes, or sales offered by Affiliate Stores or other Merchants.
Dormant Account: A Member's account that has not been credited with a valid Qualified Purchase during any rolling twelve consecutive calendar month period.
Member: Anyone who complies with iConsumer's member obligations set forth in Section 6 below and sets up a membership account with iConsumer.
Merchant: A business featured on the Site. Not all Merchants are Affiliate Stores.
Qualified Purchases: A Qualified Purchase is a purchase that a Member has made at an Affiliate Store’s website after: (a) going to the Site and connecting to the Affiliate Store from a designated Cash Back link from the Site; (b) clicking on a iConsumer Button / Browser App slider that appears when a Member visits the website of an Affiliate Store; (c) clicking on a link in an email from iConsumer that goes directly to an Affiliate Store; or (d) any time the iConsumer Button / Browser App redirects a Member through the Site back to the Affiliate Store website. The Qualified Purchase amount is calculated by the Affiliate Store after all discounts, and does not include taxes, shipping charges, or other fees.
The following are some reasons why a purchase may not become Qualified Purchase. Our Knowledge Base provides some other useful answers.
- If there is an intervening outclick between the iConsumer click and visiting the Affiliate Store, any purchase made at the Affiliate Store will not be a Qualified Purchase. A Qualified Purchase must be made in the session immediately following the click through to the Affiliate Store, within the period during which the Affiliate Store will track the purchase back to iConsumer, which may be as little as one hour. (This is referred to as “cookie duration.”)
- Although it is not always noted in the Cash Back guidelines, many Affiliate Stores have a policy against reselling their products and/or service. If an Affiliate Store reverses or refuses to pay credit to iConsumer because the Affiliate Store deems the purchase to be reseller activity, the purchase ceases to be a Qualified Purchase.
- Use of a Coupon that is not affiliated with iConsumer or one that is not specifically designated as being eligible for plus Cash Back may prevent a transaction from being a Qualified Purchase. For example, if a Member uses a coupon received directly from a merchant (or other non-iConsumer source) or a pre-purchased discount vouchers (such as Groupon deals), the transaction may not be considered a Qualified Purchase. Also, if a Member uses a coupon that is listed on the Site, but states “may not qualify for Cash Back,” the purchase may not qualify for Cash Back.
- A purchase ceases to be a Qualified Purchase if the purchase is returned to or exchanged by the Affiliate Store, if the Affiliate Store alters the terms or conditions of the purchase, the Cash Back Guidelines for the Affiliate Store posted on the Site are not met, if the Member interacts directly with the Merchant (such as via livechat or phone call during or after the order process)
- Any time a purchase is not credited to iConsumer by the Affiliate Store, it is not a Qualified Purchase.
Site: This refers collectively to iConsumer, the iConsumer Button Browser App, smartphone and tablet apps from iConsumer, and any other services offered by iConsumer.
Stock Award: Upon qualification by the SEC, iConsumer intends to grant stock to members in conjunction with their iConsumer activities. These stock grants are referred to as Stock Awards. The specifics of these grants are subject to change at the sole discretion of iConsumer, in order to meet regulatory and commercial needs.
User: Anyone who uses the Site without becoming a Member.
2. Provisions of the iConsumer Program
a. Cash Back Rewards, Stock Awards, Qualified Purchases, Credit Accrual, and Payments. Cash Back Rewards and Stock Awards are available only on Qualified Purchases, and are subject to these Terms and Conditions. The amount of Cash Back Rewards may vary depending on the page or media by which you make the Qualified Purchase. It is the Member's responsibility to check the Cash Back guidelines on the Site for each purchase. Alterations to Cash Back Rewards may be made by iConsumer in its sole discretion. Determination of whether or not a purchase made at an Affiliate Store is Qualified Purchase is at the sole and absolute discretion of iConsumer. For Qualified Purchases that cease to be Qualified Purchases, Members will not receive Cash Back Rewards for such purchase. You must have cookies enabled on your web browser to participate in the Cash Back Rewards program. iConsumer reserves the right to make adjustments for returns, system errors and cancellations. iConsumer is not responsible for tracking problems resulting from incorrect usage of the Site, from disabling cookies, or from any other failure of tracking mechanisms software. iConsumer is not responsible for any errors in advertisements.
Generally it takes up to thirty (30) days for a Qualified Purchase to be posted to a Member’s account. Some Affiliate Stores may not notify iConsumer of a Qualified Purchase until the date of fulfillment (e.g., date travel is completed, rather than date of purchase, for the travel industry).
Subject to compliance with these Terms and Conditions, approximately 90 days after a Member's account reaches the Cash Back Rewards Minimum Amount, a payment will be made to the Member on the next scheduled payment date per the following schedule (generally payment is made about ninety days after the Cash Back Rewards are posted to the Member’s account, to allow for returns processing):
|Cash Back Posted to Account By||Date Check Mailed*|
|June 30, 2020||September 30, 2020|
|July 31, 2020||October 31, 2020|
|August 31, 2020||November 30, 2020|
|September 30, 2020||December 31, 2020|
|October 31, 2020||January 31, 2021|
|November 30, 2020||February 28, 2021|
|December 31, 2020||March 31, 2021|
|January 31, 2021||April 30, 2021|
|February 28, 2021||May 31, 2021|
|March 31, 2021||June 30, 2021|
|April 30, 2021||July 31, 2021|
|May 31, 2021||August 31, 2021|
|June 30, 2021||September 30, 2021|
|July 31, 2021||October 31, 2021|
|August 31, 2021||November 30, 2021|
|September 30, 2021||December 31, 2021|
|*Checks are mailed on or around these dates.|
All Cash Back Rewards are paid in U.S. dollars. You must have accrued the Cash Back Rewards Minimum Amount as defined in Section 1 in your account for a payment to be issued. If you have less than the Cash Back Rewards Minimum Amount in your account, the Cash Back Rewards amounts roll over to the next scheduled payment period, subject to the Dormant Account provisions.
b. Verification Necessary to Receive a Check. Prior to becoming eligible to receive your first check for Cash Back Rewards, you will need to provide your contact information. You may do this on the Site by entering your contact information in the My Account > My Settings section, or iConsumer may email you to verify your contact information. You need to verify your information on our Site prior to the deadline date for Cash Back Reward check processing. If you fail to verify your contact information on our Site by the deadline date, your payment will automatically roll over to the next scheduled payment period, subject to the Dormant Account provisions. Cash Back Rewards and Site Rewards in your account are of no value until a payment check is actually issued to you as set forth in these Terms and Conditions and properly cashed by you. Specifically, these Terms and Conditions require that you have the Cash Back Rewards Minimum Amount in your account AND that you have current, verified contact information for your account prior to the date for the processing the Cash Back Reward checks. Any account that currently has a balance of less than the Cash Back Rewards Minimum Amount, regardless of whether that account may have previously had a higher balance, has no value as of that time.
You are responsible for adding iConsumer to your email service provider's safe sender list. iConsumer is not responsible for a Member's failure to receive an email from iConsumer.
Please keep your email address on file with us current. iConsumer uses your email to contact you. If your email is not current with us, you may not receive emails that may be sent requesting contact verification, and thus not receive your check. iConsumer is not responsible for any email correspondence that may not be received by you due to a change in email address.
c. Dormant Account Balance Reductions. It costs us money to maintain Member accounts in which there is no activity for an extended period of time. For this reason, we apply Cash Back balance reductions to accounts that have no qualifying purchases for a period of twelve (12) months. We encourage Members to use their accounts, and upon request, we will restore Cash Back Rewards that have been reduced for inactivity.
If your account becomes a Dormant Account as defined in Section 1 above, iConsumer will apply a Dormant Account balance reduction equal to 50% of the then-current account balance once during every calendar year in which the account is a Dormant Account, and will apply a Dormant Account balance reduction equal to 50% of the then-current account balance once during every calendar year period thereafter if the account remains a Dormant Account. Once your Dormant Account balance reaches $5.00 or less, iConsumer will apply a Dormant Account balance reduction equal to the lesser of $5.00 or the balance of your account and may cancel your account.
If the above-described reductions are applied to your account or if your account is cancelled as described above, you may reactivate your account by visiting My Account > My Settings, and clicking to reinstate your account. After your account has been reactivated, iConsumer will restore the account balance that was available as of the date the account became a Dormant Account.
d. Account Adjustments. Cash Back Rewards accrued to your account are subject to adjustment due to, among other things, Affiliate Store adjustments to iConsumer’s commissions for cancellations, returns, errors and other events. iConsumer may make such adjustments to Member accounts at any time at its sole discretion. In the event you disagree with any adjustment made to your account, you are required to let us know by email within thirty (30) days after the disputed adjustment has been posted to the Cash Back Rewards or Site Rewards section of your account. After thirty (30) days, your sole recourse is to terminate your account with iConsumer.
e. Missing Transaction Credits. When Qualified Purchases are credited to iConsumer, our systems automatically apply the Cash Back to the Member’s account. If a Member has made a purchase, but Cash Back has not been credited, it means that iConsumer has not received credit from the Merchant. As a courtesy to our Members when they bring such a situation to our attention, we attempt to research with the Merchant as to why that purchase did not result in a credit to iConsumer. In such instances, sometimes the Merchant makes an adjustment. When the merchant makes an adjustment and credits iConsumer for the order, iConsumer will credit the Member’s account with the Cash Back Rewards. Members who believe Cash Back Rewards from a Qualified Purchase are missing from their account after seven (7) days after the date of the Qualified Purchase must contact iConsumer by using the form found at https://tm2.iconsumer.com/html/missingtrans.cfm ("Missing Transaction Form") within thirty (30) days of the original Qualified Purchase date concerning the missing transaction. We may ask you to provide a receipt so that we can research the transaction. iConsumer is not responsible for missing transaction(s) if you have failed to contact us within thirty (30) days of the original Qualified Purchase date. (EXCEPTION: Travel purchases, other than airline only purchases, are not credited until after travel is complete. Therefore, please notify us if you do not see a credit to your account within sixty (60) days of your travel completion date.) While most missing rebate inquiries can be resolved within 30 days of the date the Rebate Inquiry Form is received, inquiries that require additional research with the Affiliate Store can take longer. iConsumer will contact you by email once we have a resolution to your missing rebate.
iConsumer may limit service to high-volume Member accounts used for the purpose of bulk purchasing and/or reselling activity including missing Cash Back requests. While we do not, at this time, specifically prohibit bulk purchasing or reseller activity (unless prohibited by an Affiliate Store), we do reserve the right to limit our services to remain in compliance with all of our merchant agreements and ensure we are able to provide timely service to all of our valued Members.
f. Other Reward Programs. iConsumer may offer additional site rewards, based on various promotional programs. Such additional site rewards are given to Members in iConsumer's sole discretion.
3. User Content
We allow Members to post comments, coupons, store reviews, or other content in certain areas of our Site. Any content posted on our Site, including any files attached to posts, expresses only the views of the author of the message and does not necessarily reflect the views of iConsumer or any person or entity associated with it. You agree that neither iConsumer, nor any person or entity associated with it, will be held responsible for the contents, accuracy, completeness or validity of any information posted on our Site. You agree that you will not use our Site to post any material, links to any material or files that are or contain material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy or otherwise violate any applicable law, rules, regulations or iConsumer policies.
We reserve the right in our absolute discretion to terminate the accounts of Members who infringe copyright or any other intellectual property right or otherwise violate these Terms and Conditions. You agree that: (a) you will not post or otherwise transmit any material that is copyrighted or subject to a third party's intellectual property rights without the express permission of the holder of such rights, unless such rights are owned by you; (b) you will not collect or store personal data about other Members; (c) you will not use the Site for any commercial purpose not expressly approved by iConsumer in writing; (d) you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication; and (e) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.
You agree to indemnify and hold Company, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys' fees and costs, related to your violation of these Terms and Conditions, including the Posting Policy, or any violations thereof by your dependents or which arises from the use of cent you submitted, posted, or otherwise provided to Company or this Site.
You hereby grant iConsumer a perpetual, world-wide, royalty-free license to distribute, copy, adapt, reproduce, transmit, create derivate works and otherwise use content and information you post on Site for any purpose and in any media now known or hereinafter developed. You expressly agree that iConsumer is free to use any ideas, concepts, know-how, or techniques contained in any posting or communication you send to us without compensation and for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services using such information. You represent and warrant that you own the content submitted, displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity. iConsumer may cancel your account and delete all any content or other information associated with your account at any time, and without notice, if iConsumer deems that you have violated these Terms and Conditions, the law, or for any other reason. iConsumer assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site or a Member account.
4. iConsumer's Browser App
iConsumer offers a browser app. It is designed to help you take advantage of iConsumer's Cash Back Rewards or Coupons.
Please see our End User License Agreement at https://tm2.iconsumer.com/html/eula.cfm (which terms and conditions are incorporated into these Terms and Conditions) for more information, and https://tm2.iconsumer.com/button to install this valuable shopping aid.
You may remove the iConsumer Button / Browser App from your computer at any time. Please note that if you wish to stop all tracking by the Browser App, you must uninstall it.
5. Stock Awards
The granting / awarding of iConsumer stock shall generally be upon the same terms and conditions as the earning of Cash Back Awards. iConsumer shall not grant any stock to members until the SEC has qualified its offering. iConsumer shall accrue any stock grants earned by members until such a time as it is legal and commercially reasonable for iConsumer to deliver stock to members. iConsumer may change the amount and nature of the stock awards at any time, without notice. Members are responsible for any taxes due in conjunction with stock awards. These terms and conditions may change based upon regulatory and commercial requirements. iConsumer may unilaterally determine not to deliver Stock Awards to any Member who does not agree to new terms and conditions changed based upon regulatory and commercial requirements.
iConsumer, at its sole discretion, may determine that it will accrue or provisonally grant Stock Awards in such a fashion that unless a member earns over a minimum amount / number of Stock Award(s), iConsumer is not required to grant Stock Awards to that member. In other words, it is possible that unless a member earns a minimum amount of Stock Awards, iConsumer does not owe member any Stock Award. This is because the time and expense of granting Stock Awards may be considerable and uneconomic for iConsumer. Stock Awards that are provisional or pending may be subject to the same rules and conditions as "dormant accounts". This would mean that until finally granted and transferred, you may forfeit Stock Awards.
6. Member Obligations
a. Compliance with Member Terms and Conditions. Membership with iConsumer is subject to the Terms and Conditions. iConsumer reserves the right to terminate your membership for failure to comply with the Terms and Conditions, any fraud or abuse relating to the accrual of Cash Back Rewards and Site Rewards, misrepresentation of any information provided to iConsumer or its Affiliate Stores or any other reason deemed appropriate in iConsumer's sole and exclusive discretion. In addition to any other provisions of the Terms and Conditions, if your membership is terminated by iConsumer, iConsumer may refuse to pay some or all of the amounts credited to your account if such amounts appear to have been earned in violation, or after violation, of the Terms and Conditions or appear to have been otherwise unlawfully obtained. Should your account be terminated by iConsumer, you are prohibited from re-enrolling under a new account unless expressly invited to do so by iConsumer.
b. Must be 18 Years of Age. Must be 18 Years of Age. You must be 18 years or older to have a Member account with iConsumer or otherwise participate in the iConsumer program.
c. United States or Canada Resident. You must be a legal resident of and maintain a physical residential address in the United States or Canada to have a Member account with iConsumer or otherwise participate in the iConsumer program.
d. Acceptable Use. You may maintain only a single Member account in the program at any given time. Any duplicate accounts are subject to cancellation and the loss of Cash Back Rewards, Site Rewards or any other credits. From time to time, iConsumer may offer bonuses or other incentives based upon new membership. It is expressly agreed that only original (initial) account qualifies as a new membership. Subsequent or duplicate accounts do NOT qualify for bonuses or other incentives based upon new membership.
Members and Users may not, and may not induce any third party to, use any “deep-link,” “page-scrape,” “robot,” “spider,” or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Site or Site information. Further, Members and Users may not, and may not induce any third party to, tamper, hack, spoof, modify, copy, reproduce, create derivative works, republish, post, transmit, or distribute content from the Site without the prior written approval of iConsumer. No machines, scripts or automated services may be used with the Site or a Member account, nor will any attempt introduce malicious or disabling code or otherwise corrupt the administration, security or proper function of any part of iConsumer be permitted. Violation of this section will result in termination of membership, loss of Cash Back Rewards, Site Rewards and any other credits and will bar you from future participation with iConsumer, and may result in legal action.
The use of any trademarks on iConsumer, including but not limited to those belonging to Affiliate Stores, is prohibited without express written permission from iConsumer and/or the owner of any such trademark. Content on this Site that is provided by iConsumer or its Affiliates or other third parties, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing ("Company Content") is the property of iConsumer or its Affiliates or other third parties, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.
You agree not to download, display or use any Company Content located on the Site for use in any publications, in public performances, on websites other than this Site for any other commercial purpose, in connection with products or services that are not those of iConsumer, in any other manner that is likely to cause confusion among consumers, that disparages or discredits iConsumer and/or its Affiliates or other third parties, that dilutes the strength of iConsumer's, its Affiliates’ or third parties’ property, or that otherwise infringes iConsumer's, its Affiliates’ or third parties’ intellectual property rights. You further agree to in no other way misuse any Company Content that appears on this Site.
e. Update Contact Information. You agree to provide iConsumer with accurate contact information and keep it updated to facilitate the payment or provision of your Cash Back Rewards, Site Rewards or any other credits. Prior to becoming eligible to receive a check for Cash Back Rewards or Site Rewards, or to receive Stock Awards, you will need to provide and/or verify your contact information.
Your contact information may include a request or requirement for a valid social security number, or other identification as required by U.S. law in order to issue Cash Back Rewards or Stock Awards. iConsumer may use your contact information to uniquely identify you.
f. Protecting Your Password. Your password and account are personal to you and are non-transferable. You may not allow anyone else to use your password or account. iConsumer is entitled to act on instructions received under your password and shall not be liable for losses that are incurred through the use of your password by a third party. Cash Back Rewards or any other credits acquired under the program cannot be assigned or transferred to a third party.
g. Potential Tax Obligations. You may be taxed on your receipt of Cash Back Rewards, Site Rewards, Stock Awards, or any other credits depending on the amount you receive and the tax laws of your federal, state and local jurisdictions. You will be responsible for any and all tax liabilities arising out of your receipt of Cash Back Rewards, Site Rewards or any other credits.
h. Cancellation of Your Membership. iConsumer may cancel your account if your account has become a Dormant Account and has a balance of $0.00. You may cancel your membership at any time by contacting Customer Service at support.iConsumer.com. Should you decide to cancel your membership you will forfeit all accumulated Cash Back Rewards and any other credits that have not yet been paid to you or otherwise redeemed. If you choose to re-enroll at a later date, you will be assigned a new account with a starting balance of $0.
i. One membership per person. You agree to establish and maintain only one iConsumer account. You may change your contact information at any time. iConsumer may, at its sole discretion, reverse any Awards that are earned per member when a person has more than one iConsumer account.
iConsumer reserves the right to immediately change or terminate the iConsumer program at any time with notice. If we make a material change to the Terms and Conditions, we will send you an email notifying you of the material change. If the Cash Back Rewards in your Member account meet the Cash Back Reward Minimum Amount, and you have verified your address no later than 30 days following the notice of termination of the program, iConsumer will send you a check for your account balance. If you do not meet the Cash Back Reward Minimum or do not verify your address, your entire account balance will be forfeited. Notification of program termination shall be effective upon our sending such notice to the email address that iConsumer has associated with your account in “My Account Settings.”
a. Promotional Messages/Opt-out. When you join the iConsumer program, you are given the option to agree to receive iConsumer notifications and promotional emails, e-newsletters and other email special offers. If you change your mind and do not wish to receive these emails, you may opt out at any time by updating your account information by clicking on the unsubscribe link on the email itself, or by clicking on My Account > My Settings > Update Preferences.
9. NO WARRANTY
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, AND ANY INFORMATION, CONTENT, SERVICES AND MATERIALS CONTAINED IN, ACCESSED VIA, OR DESCRIBED ON THE SITE, IS AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION, CONTENT, SERVICES AND MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, iConsumer MAKES NO, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND USE OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS OR SERVICES ON OR ACCESSED VIA THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, iConsumer DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT, AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM YOUR RELIANCE ON ANY ASPECT OF SITE. FURTHER, iConsumer MAKES NO REPRESENTATIONS AND WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.
iConsumer DOES NOT WARRANT, GUARANTEE, OR ENSURE:
- THE QUALITY OF ANY PRODUCT OR SERVICE PROVIDED BY AFFILIATE STORES OR OTHER MERCHANTS
- THAT COUPONS APPEARING ON THE SITE WILL BE ACCEPTED BY AFFILIATE STORES OR OTHER MERCHANTS
- THAT COUPONS WILL BE VALID, USABLE OR THAT AMOUNTS OR PRICES SHOWING ON COUPONS OR THE SITE ARE CORRECT
iConsumer IS NOT RESPONSIBLE FOR CHANGES TO, OR DISCONTINUANCE OF, ANY AFFILIATE STORE OR OTHER MERCHANT, OR FOR ANY EFFECT ON ACCRUAL OF CREDITS CAUSED BY SUCH CHANGES OR DISCONTINUANCE. iConsumer IS ALSO NOT RESPONSIBLE FOR ANY FAILURE TO RECEIVE INFORMATION FROM AN AFFILIATE STORE REGARDING A QUALIFIED PURCHASE AND IS NOT REQUIRED TO CREDIT YOUR ACCOUNT FOR QUALIFIED PURCHASE MADE BY YOU IF iConsumer DOES NOT RECEIVE INFORMATION REGARDING THE QUALIFIED PURCHASE. iConsumer IS NOT RESPONSIBLE FOR THE CONTENT OR ACCURACY OF ANY THIRD-PARTY ADVERTISING ON THE SITE, OR FOR ANYTHING THAT OCCURS IF THE MEMBER OR USER CLICKS ON SUCH ADVERTISEMENTS.
10. LIMITATION OF LIABILITY
IN NO EVENT SHALL iConsumer AND ITS AFFILIATE STORES, OTHER MERCHANTS, SUPPLIERS, AFFILIATES, DISTRIBUTORS AND ADVERTISERS (COLLECTIVELY, THE "AFFILIATES") AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF SITE OR ANY INFORMATION, CONTENT, MATERIALS OR SERVICES AVAILABLE THEREON (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. iConsumer AND ITS AFFILIATE STORES, OTHER MERCHANTS, SUPPLIERS, AFFILIATES, DISTRIBUTORS AND ADVERTISERS (COLLECTIVELY, THE "AFFILIATES") AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LIABILITY FOR NEGLIGENCE, WILL NOT EXCEED $250.00.
CERTAIN STATE LAWS MAY NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, AND THUS SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
You agree to indemnify and hold iConsumer, its affiliates and their respective parents, subsidiaries officers, directors, employees, agents and representatives harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising in any way out of: (a) your participation in the iConsumer program, (b) your use of the iConsumer Button / Browser App, (c) any violation of this Terms and Conditions by you, (d) the violation, infringement or misappropriation by you, or another Member or User of the program using your account, of any intellectual property or other right of any person or entity, including, but not limited to, trademark, copyright, right of publicity and right of privacy, or (e) any pornographic, hate-related, threatening, libelous, obscene, harassing or otherwise objectionable or offensive material contained in any of your postings or other communications.
12. Dispute Resolution
a. Purpose. If you have a Dispute (as defined below) with iConsumer that cannot be resolved through an informal dispute resolution with iConsumer, you or iConsumer may elect to arbitrate that Dispute in accordance with the terms of this Dispute resolution provision rather than litigate the Dispute in court. Arbitration means you will have a fair hearing before a neutral arbitrator instead of in a court by a judge or jury.
b. Definitions. The term “Dispute” means any dispute, claim, or controversy between you and iConsumer regarding any aspect of your relationship with iConsumer, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Dispute Resolution provision (with the exception of the enforceability of the class action waiver clause provided in this paragraph). "Dispute" is to be given the broadest possible meaning that will be enforced. As used in this Dispute Resolution provision, "iConsumer" means iConsumer Corp., d/b/a iConsumer and its parents, subsidiaries and affiliated companies and each of their respective owners, officers, directors, employees and agents.
c. Right to Opt Out of Arbitration. IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY iConsumer IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU FIRST ACCEPT THIS AGREEMENT BY VISITING support.iConsumer.com, OR BY MAIL TO iConsumer, SUITE 351 19821 NW 2ND AVE MIAMI GARDENS, FL 33169. YOUR WRITTEN NOTIFICATION TO iConsumer MUST INCLUDE YOUR NAME AND ADDRESS AS WELL AS A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH iConsumer THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH iConsumer OR THE DELIVERY OF SERVICES TO YOU BY iConsumer. IF YOU HAVE PREVIOUSLY NOTIFIED iConsumer OF YOUR DECISION TO OPT OUT OF ARBITRATION, YOU DO NOT NEED TO DO SO AGAIN.
d. Initiation of Arbitration Proceeding/Selection of Arbitrator. If you or iConsumer resolve your Dispute through arbitration pursuant to this Dispute resolution provision, the party initiating the arbitration proceeding may initiate the arbitration proceeding with American Arbitration Association ("AAA"), 335 Madison Ave., Floor 10, New York, NY 10017-4605, 1-800-778-7879, www.adr.org under the Commercial Arbitration Rules of the AAA.
e. Arbitration Procedures. Because the Service(s) provided to you by iConsumer concerns interstate commerce, the Federal Arbitration Act ("FAA"), not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the service from iConsumer may apply to and govern the substance of any Disputes. Any state statutes pertaining to arbitration shall not be applicable under this Dispute resolution provision.
If there is a conflict between this Dispute resolution provision and the rules of the arbitration organization chosen, this Dispute resolution provision shall govern. If the arbitration organization that you select will not enforce this Dispute resolution provision as written, it cannot serve as the arbitration organization to resolve your dispute with iConsumer. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Dispute resolution provision as written. If there is a conflict between this Dispute resolution provision and the rest of the Terms and Conditions, this Dispute resolution provision shall govern.
A single arbitrator will resolve the Dispute. Participating in arbitration may result in limited discovery depending on the rules of the arbitration organization that is chosen to resolve the Dispute. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information.
The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. An award rendered by the arbitrator may be entered in any court having jurisdiction over the parties for purposes of enforcement.
If an award granted by the arbitrator exceeds $75,000, either party can appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which exists under the FAA.
YOU MUST FILE A CLAIM WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS, OR DISPUTE.
ALL PARTIES TO THE ARBITRATION MUST BE INDIVIDUALLY NAMED. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER SUBSCRIBERS, OR OTHER PERSONS SIMILARLY SITUATED UNLESS THE STATUTE UNDER WHICH YOU ARE SUING PROVIDES OTHERWISE.
g. Location of Arbitration. The arbitration will take place in Chicago, Illinois.
h. Payment of Arbitration Fees and Costs. iConsumer WILL ADVANCE ALL ARBITRATION FILING FEES AND ARBITRATOR'S COSTS AND EXPENSES UPON YOUR WRITTEN REQUEST GIVEN PRIOR TO THE COMMENCEMENT OF THE ARBITRATION. YOU ARE RESPONSIBLE FOR ALL ADDITIONAL COSTS THAT YOU INCUR IN THE ARBITRATION, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS OR EXPERT WITNESSES. IF THE ARBITRATION PROCEEDING IS DECIDED IN iConsumer'S FAVOR, YOU SHALL REIMBURSE iConsumer FOR THE FEES AND COSTS ADVANCED TO YOU ONLY UP TO THE EXTENT AWARDABLE IN A JUDICIAL PROCEEDING. IF THE ARBITRATION PROCEEDING IS DETERMINED IN YOUR FAVOR, YOU WILL NOT BE REQUIRED TO REIMBURSE iConsumer FOR ANY OF THE FEES AND COSTS ADVANCED BY iConsumer. IF A PARTY ELECTS TO APPEAL AN AWARD TO A THREE-ARBITRATOR PANEL, THE PREVAILING PARTY IN THE APPEAL SHALL BE ENTITLED TO RECOVER ALL REASONABLE ATTORNEYS' FEES AND COSTS INCURRED IN THAT APPEAL. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, iConsumer WILL PAY ALL FEES AND COSTS THAT IT IS REQUIRED BY LAW TO PAY.
i. Severability. If any clause within this Dispute resolution provision (other than the class action waiver clause identified above) is found to be illegal or unenforceable, that clause will be severed from this Dispute resolution provision, and the remainder of this Dispute resolution provision will be given full force and effect. If the class action waiver clause is found to be illegal or unenforceable, the entire Dispute resolution provision will be unenforceable, and the dispute will be decided by a court.
In the event this entire Dispute resolution provision is determined to be illegal or unenforceable for any reason, or if a claim is brought in a Dispute that is found by a court to be excluded from the scope of this Dispute resolution provision, you and iConsumer have each agreed to waive, to the fullest extent allowed by law, any trial by jury.
j. Exclusions from Arbitration. YOU AND iConsumer AGREE THAT THE FOLLOWING WILL NOT BE SUBJECT TO ARBITRATION: (1) ANY CLAIM FILED BY YOU OR BY iConsumer THAT IS NOT AGGREGATED WITH THE CLAIM OF ANY OTHER CUSTOMER AND WHOSE AMOUNT IN CONTROVERSY IS PROPERLY WITHIN THE JURISDICTION OF A COURT THAT IS LIMITED TO ADJUDICATING SMALL CLAIMS; (2) ANY DISPUTE OVER THE VALIDITY OF ANY PARTY'S INTELLECTUAL PROPERTY RIGHTS; AND (3) ANY DISPUTE RELATED TO OR ARISING FROM ALLEGATIONS ASSOCIATED WITH UNAUTHORIZED USE OR RECEIPT OF A SERVICE.
k. Continuation. This Dispute resolution provision shall survive the termination of your customer relationship with iConsumer.
13. Entire Agreement; Choice of Law; Enforceability; Relationship of the Parties
This Agreement constitutes the entire Agreement between you and iConsumer in connection with general membership in the iConsumer program and supersedes all prior agreements between the parties regarding the subject matter contained herein. The laws of the State of Delaware govern the performance and interpretation of these Terms and Conditions, without regard to any conflicts of laws provisions. 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. No failure of either party to exercise or enforce any of its rights under these Terms and Conditions will act as a waiver of such rights. Nothing in this Agreement shall be construed as creating or constituting a partnership, joint venture, agency or other like relationship between you and iConsumer or between iConsumer and its Affiliate Stores. Neither the Affiliate Stores nor any other third party shall have the ability to create obligations on iConsumer's behalf.
The failure of iConsumer to insist upon performance of any of the terms and conditions of this Terms and Conditions, or the waiver of any breach of, or the decision to not exercise any of its rights under, any of the terms or conditions of this Terms and Conditions, shall not be construed as thereafter waiving any such terms and conditions, or any other terms and conditions of this Terms and Conditions. Any waiver must in writing and signed by iConsumer.
The failure of iConsumer to comply with these Terms and Conditions because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of iConsumer, shall not be deemed a breach of these Terms and Conditions.
15. Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our designated Copyright Agent the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and email address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
Our Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
ATTN LEGAL DEPARTMENT
SUITE 351 19821 NW 2ND AVE
MIAMI GARDENS, FL 33169
5/15/2015 - Original Version
1/23/2016 - Typos fixed
1/23/2016 - iConsumer Button added to Browser App language, language added to treat stock awards similarly to Cash Back awards, added requirement for social security number or other IRS acceptable identification added for stock awards, added clearer requirement for social security number or other IRS acceptable identificaiton for cash awards over the IRS threshold, added detail for paragraph 5 - stock awards. Added 7 (i), making clearer the one account per person condition. Clarified the language concerning new memberships and bonuses.
1/30/16 - Added definition for Contact Information. Clarified Stock Awards methodology.
2/14/16 - Added example of "Two Factor Authentication" to Contact Information.
4/28/16 - Typos corrected. More detail on requirement for social security number. Added restrictions and specifics on the earning, forfeiting, and granting of Stock Awards.