Great Canadian Rebates Cash Back Button End User License Agreement|
This EULA is a legal agreement between you and 1727486 Ontario Inc., d/b/a GreatCanadianRebates.ca ("We", "Our", "Us" or "Great Canadian Rebates" or "GreatCanadianRebates.ca"). This EULA governs the "Great Canadian Rebates Cash Back Button" and your use of the Great Canadian Rebates Cash Back Button. The Great Canadian Rebates Cash Back Button, herein called the "Software", is owned by GreatCanadianRebates.ca and is protected by Canadian Copyright laws and all other applicable laws of Canada.
The Great Canadian Rebates Cash Back Button is defined as a downloadable browser extension or add-on or other similar term used to describe downloadable software for your Internet browser. The Great Canadian Rebates Cash Back Button may help members maximize their cash back rebates from GreatCanadianRebates.ca. It also provides members access to coupons, discounts and special offers upon sites members visit or searches conducted in a member's browser where the Great Canadian Rebates Cash Back Button is installed and is enabled.
Read over the EULA agreement. Once you agree to the terms in the EULA, you may install the Great Canadian Rebates Cash Back Button for personal use. You are allowed any updates provided by GreatCanadianRebates.ca. Once you install the Great Canadian Rebates Cash Back Button, you agree to be legally bound by this following End User License Agreement (this "EULA") and you acknowledge that you have read the terms and agree to them. If you do not wish to be bound by the terms, then you must not use the software on this site or any other media on which the software is contained. Such Terms & Conditions govern any and all cash back rewards or other incentives you may be eligible to receive with your valid use of the Great Canadian Rebates Cash Back Button.
Use of the Great Canadian Rebates Cash Back button is allowed on a personal computer owned or controlled by you. GreatCanadianRebates.ca does not offer support or telephone assistance for use of the software.
2. LICENSE TO USE
Subject to the terms of this EULA, GreatCanadianRebates.ca hereby grants to you and you hereby accept, a revocable, non-exclusive, non-sublicensable, non-transferable, limited license to install and use the Great Canadian Rebates Cash Back Button consistent with the Permitted Uses and Restrictions provided below. If you do not agree to the terms of this license agreement, or do not comply with the terms and conditions of this agreement, you are not permitted to use this Software and are required to remove the Great Canadian Rebates Cash Back Button from your computer system. This EULA may be amended by GreatCanadianRebates.ca from time to time.
3. PERMITTED USES
When you visit a website, whether typing in the URL or clicking a link, the Software recognizes whether the URL is that of an Affiliate Merchant, and, if so, may notify you via a slider where you have a choice to click the Activate Button. When you click the Activate Button a tracking cookie will be placed in your browser. This cookie is the tracking mechanism that will follow your transaction with the Affiliate Merchant, to allow for credit of Cash Back Rewards.
If you do not click the Activate Button on the slider or click through to the Affiliate Merchant through the Site from the alert, you may not have any cash back rewards credited to your Member account from any purchase you make at the Affiliate Merchant.
All cash back rewards, incentives, GreatCanadianRebates.ca promotions and promotions offered by merchants offered through the Great Canadian Rebates Cash Back Button are subject to the same Terms & Conditions for the Great Canadian Rebates website.
The Software may also interact with search engines. You may use the Great Canadian Rebates Cash Back Button to provide you with Cash Back information within your search results in Google.
You are prohibited from making any changes or asking others to make changes to the Software. You may not decompile, reverse engineer, disassemble, modify, adapt, translate, create derivative works of the Great Canadian Rebates Cash Back Button or any portion thereof. You may not use the Software together with any third party products or services.
You may not use the Great Canadian Rebates Cash Back Button in any automated manner. You may not use the Great Canadian Rebates Cash Back Button in any unlawful manner. You may not distribute the Software. You may not use the Software in any click fraud or other similar conduct to fraudulently or improperly earn GreatCanadianRebates.ca cash back rebates.
You shall not use the Software to provide or send information or content 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 violates any applicable law, rules, regulations or GreatCanadianRebates.ca policies. You shall not use the Software to introduce any virus, worm, built-in or use-driven destruction mechanism, injurious or damaging algorithm, time bomb, trojan horse or other software or hardware for any reason.
You must be at least 18 years of age in order to enter into this EULA for the licensing of the Software and install and use of the Software. As a condition of your using our Software, you represent and warrant that you are at least 18 years old.
GreatCanadianRebates.ca may, from time to time, in our sole discretion, update the Software. We reserve the right to add features to the Software. Notwithstanding the above, we have no obligation to make available to you any subsequent versions or new features of the Software including any updates, revisions, patches or other modifications. We shall have no responsibility or liability for the use of the Software other than the most recently available Software and only to the extent set forth herein.
Chrome, Firefox, IE, Edge and Safari may update the Software on your computer when a new version is released. These updates may occur automatically. You are responsible for ensuring that you are using the most current version of the Software.
6. TERM AND TERMINATION
This EULA will remain in effect until terminated by either you or us. You may terminate this EULA at any time by uninstalling the Software, remove, and delete all copies and installations of the Software. Upon termination of this EULA, the pertinent sections and paragraphs of this EULA related to a subsequent breach of this EULA by you will survive the termination of the EULA.
Without prejudice to any of our other rights or remedies, we reserve the right immediately to terminate this EULA in the event you violate this EULA, and to investigate, involve and cooperate with appropriate authorities regarding any illegal or unauthorized activities involving the Software or this EULA. If we, our technology partners, merchants or advertisers determine, in our sole discretion, that you have violated the terms of this EULA or have otherwise not acted in good faith, we reserve the right terminate your right to use the Great Canadian Rebates Cash Back Button at any time, and to cancel and reverse all of the cash back rebates you may have earned via your use of the Great Canadian Rebates Cash Back Button. You acknowledge that the foregoing restrictions and penalties are reasonable.
If the EULA is terminated for any reason, your rights to use the Software will immediately cease and you must uninstall the Software and all copies of the Software must be destroyed. All provisions of the EULA relating to disclaimers of warranties, limitation of liability, remedies, damages, or our proprietary rights shall survive such termination. You agree that we will not be liable to you or to any third party for any termination of the EULA or access to the Software.
7. UNINSTALLING THE SOFTWARE
You can uninstall the Software at any time and at your discretion by following the directions of the browser the Software was installed on. Uninstalling the Great Canadian Rebates Cash Back Button is necessary to stop all tracking activities associated with the Software and is your sole responsibility.
Please be aware that if a method other than the uninstall or manual removal procedures described above is used to remove the Software (e.g. anti-virus software), inoperable trace files may be left on your computer that continue to be detected by some anti-virus software.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Software belong to Great Canadian Rebates and are protected under applicable copyrights, patents, trademarks and other proprietary and/or intellectual property rights. The copying, redistribution, use or publication by you of any such matters or any part of the Software, except as otherwise expressly authorized by you, is strictly prohibited. We (and our suppliers and licensors) expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials relating to the Software. Any and all logos, emblems, company names, product names and service names ("Trademarks") referenced in or by the Software or accessible within any application of the Software are Trademarks of their respective owners. You do not acquire permission to use any Trademark owned by Great Canadian Rebates or any third party Trademark referenced on in or by the Software, without express permission from the owner of the Trademark. You may not: (i) delete the copyright notices or any other proprietary legends on or in the Software; (ii) decompile, modify, reverse engineer, disassemble or otherwise reproduce the Software, or create derivative works based on the Software; (iii) copy, rent, lend, lease, sublicense, distribute, assign, or commercially exploit the Software; (iv) use the Software in any manner that could damage, disable, overburden, or impair Great Canadian Rebates or any other party's search services, servers, or other services.
9. DATA COLLECTION AND PRIVACY
10. GEOGRAPHIC RESTRICTION
The Software is provided for use only by persons located in Canada. If you are located outside of the Canada, do not download, install or use the Software. If you use or access the Software from other jurisdictions outside the Canada, you do so at your own choice and risk and are solely responsible for compliance with local law.
11. DISCLAIMER OF WARRANTY
The Software is provided "AS IS," with all faults, and without warranty of any kind, either expressed or implied. By downloading the software you understand and agree that you assume all risk of use and all risk associated with running the Software. You will be solely responsible for any damages to your computer system or loss of data that results from the download or use of the software. Great Canadian Rebates disclaims all warranties, whether express or implied, including without limitation the warranties of merchantability, fitness for particular purpose and non-infringement. There is no warranty against interference with your enjoyment of the Software. GreatCanadianRebates.ca does not warrant that the Software will be compatible with your hardware and software. We make no warranty that the software is accurate and error-free; that the results that may be obtained from the use of the software will be reliable; or that any errors in the software will be corrected. The entire risk as to the quality and performance of the software is with you.
GreatCanadianRebates.ca has no control over third party sites which you may access, including those sites which are linked to our Site. Therefore, we are not responsible for the content or function of any other site, and disclaim any liability for any aspects of any sites you access via direct access or access through GreatCanadianRebates.ca or the Software functionality. You may be subject to terms and conditions by such third party sites.
12. DISPUTE RESOLUTION
(a) Purpose. If you have a Dispute (as defined below) whose cash back is over 00 and is within one year of the event with GreatCanadianRebates.ca that cannot be resolved through an informal dispute resolution with us, you or GreatCanadianRebates.ca 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 us regarding any aspect of your relationship with us, 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, "GreatCanadianRebates.ca" means 1727486 ONTARIO INC., d/b/a GreatCanadianRebates.ca and its parents, subsidiaries and affiliated companies and each of their respective owners, officers, directors, employees and agents.
(c) Location of Arbitration. The arbitration will take place in Georgetown, Ontario.
13. LIMITATION OF LIABILITY
To the extent not prohibited by law, in no event will Great Canadian Rebates or any third party be liable for any lost revenue, profit or data, or for special, indirect, consequential, incidental or punitive damages, however caused regardless of the theory of liability, arising out of or related to the use of or inability to use software, even if Great Canadian Rebates has been advised of the possibility of such damages. Great Canadian Rebates' sole obligation or liability under this EULA is the replacement of defective media according to the limited warranty above. In no event will Great Canadian Rebates' liability to you, whether in contract, tort (including negligence), or otherwise, exceed under this EULA. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose. Some jurisdictions do not allow the exclusion of incidental or consequential damages, so some of the terms above may not be applicable to you.
You agree to defend Great Canadian Rebates, affiliates and/or their respective successors and assigns, officers, directors, employees, agents, licensors, representatives, advertisers, business and promotional partners, operational service providers, suppliers, resellers and contractors (the "Great Canadian Rebates Indemnified Parties") against any and all claims, demands and/or actions and indemnify and hold the Great Canadian Rebates Indemnified Parties harmless from and against any and all losses, damages, costs and expenses including legal and attorneys' fees, resulting from any breach or violation of this EULA, your download, installation, use or uninstallation of the software infringement, misappropriation or any violation of the rights of any other party, violation or noncompliance with any law or regulation, the breach or violation of any term or condition of your Agreement with us, any use, alteration or export of the Software or otherwise in connection with this EULA including, without limitation, any claim of personal injury (including death), injury to reputation, violation of privacy, or damage to tangible property or data (including loss of property or loss of use of tangible property or data). We reserve the right to assume, at our expense, the exclusive defense and control of any claims or actions and all negotiations for settlement or compromise, and you agree to fully cooperate with us upon our request.
You shall defend, at your expense, any and all claims brought against Great Canadian Rebates by third parties, and shall pay all damages awarded by a court of competent jurisdiction, or such settlement amount. Any claims brought by you must be brought in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The parties agree that the arbitrator shall have the power to award damages, injunctive relief and reasonable attorneys' fees and expenses to Great Canadian Rebates if we are the prevailing party in such arbitration.
If any provision of this EULA is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this EULA will continue in full force and effect.