Terms & Conditions
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- Please read these Terms and Conditions (“Terms and Conditions” or “Agreement”) carefully. This Agreement affects your rights.
- Ebates Performance Marketing, Inc. dba Rakuten Rewards (“Rakuten” or “we”) makes available shopping programs through Rakuten websites, mobile websites, mobile applications, browser extensions, the Rakuten-branded credit card, in-person events and experiences, including third party platform promotions sponsored by Rakuten that specifically refer or link to these Terms and Conditions (“Services”). Rakuten is part of the Rakuten Group, which includes the affiliates and subsidiaries of our parent company, Rakuten Group, Inc., based in Tokyo, Japan.
- This Agreement constitutes a legally binding agreement between each individual who enrolls in any of the Services (“Member” or “you”) or otherwise uses any one of the Services. If you are a Member or use any of the Services, YOU AGREE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY All OF ITS TERMS AND CONDITIONS.
- IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DISCONTINUE PARTICIPATION IN AND USE OF THE SERVICES AND TERMINATE YOUR SERVICES ACCOUNT IMMEDIATELY.
- NOTICE REGARDING DISPUTE RESOLUTION: THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND RAKUTEN HAVE AGAINST EACH OTHER ARE RESOLVED (SEE SECTION 3, “DISPUTE RESOLUTION AND ARBITRATION AGREEMENT,” BELOW), INCLUDING AN OBLIGATION TO ARBITRATE DISPUTES, WHICH WILL, SUBJECT TO LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING ARBITRATION.
- 1. CHANGES TO THE TERMS AND CONDITIONS
- 1.1 Rakuten may at its discretion modify, update, add to, discontinue, remove or otherwise change these Terms and Conditions at any time. Each such modification will take immediate effect upon notification to you. Rakuten may provide you with notices, including those regarding changes to these Terms and Conditions, by website, email, regular mail, text message, in-app messaging, or other reasonable means now known or hereinafter developed.
- 1.2 Your continued use of the Services following any such notifications constitutes your acceptance of such modifications and your agreement to be bound by these Terms and Conditions. If you do not agree to any modification of these Terms and Conditions, your sole remedy is to terminate your Account by accessing your Account’s Privacy Preferences, except as noted in Sections 3.12 and 3.13 below, as applicable. The most current version of these Terms and Conditions will be available on our website and supersedes previous versions.
- 2. SERVICES ACCOUNT
- 2.1 Our Services are not available to and should not be accessed or used by residents outside of the 50 United States or Washington D.C.. To become a Member, you must be at least 18 years old and provide your email address and password for Rakuten to create your Services account (“Account”). Each person is limited to one Account. To redeem certain offers and promotions and use services offered by our other Services, you may elect to provide us additional information. Information that you submit through one of our Services may be saved and available for your use in our other Services, including, without limitation, any saved payment card information. Any and all information collected from you shall be subject to our Privacy Policy, which is hereby incorporated by reference.
- 3. DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
- 3.1 THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR RAKUTEN WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
- 3.2 Rakuten tries to address any disputes without the need to initiate a formal legal case. You agree that prior to submitting any dispute or claim to arbitration for resolution, you and Rakuten agree to make a good faith effort to resolve it informally, including having at least one telephone or videoconference conversation between you, personally, and Rakuten. To initiate this good faith effort to informally resolve a dispute, you agree to notify Rakuten in writing by submitting your request through our Member Services page. Please be sure to select “It’s something else” under Topics in your request and provide the nature of the dispute, the basis for your claims and the resolution that you are seeking, including any monetary amount, with as much detail as you can provide so that we can gain a sufficient understanding of the dispute. Within the sixty (60) days following our receipt of this notice, you agree to engage in good faith efforts to resolve the dispute, including personally participating in a telephone call or videoconference with Rakuten. You may have a lawyer attend the call with you if you wish. If the dispute is not resolved within that sixty (60) days (which period can be extended by agreement of the parties), you or Rakuten may commence an arbitration to resolve the dispute consistent with the process set forth below. Compliance with and completing this informal dispute resolution process is a condition precedent to commencing an arbitration. You and Rakuten agree to toll any applicable statute of limitations and filing fee deadlines while the parties engage in this informal dispute resolution process from the date we receive your notice to the date an arbitration is commenced or the conclusion of the 60-day period described above, whichever is sooner. A court of competent jurisdiction shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration.
- 3.3 You and Rakuten agree that, except as set forth below, we will resolve any controversies, claims,