Ebates Hotels Terms & Conditions

Welcome to Ebates Hotels! By using Ebates Hotels, you agree to be bound by these terms. These terms incorporate and supplement the Terms and Conditions for the Ebates cash back shopping program. Ebates Hotels is brought to you by Ebates Inc. ("we" or "us") in partnership with Travelscape LLC. Please review the Partner Terms and Conditions prior to making your travel bookings.

Use of Ebates Hotels

Ebates Hotels is provided to assist you in searching for hotels and making hotel reservations. As a condition of your use of this Ebates Hotels, you warrant that: 1) you are at least 18 years of age; 2) you will use Ebates Hotels in accordance with these terms; 3) you will only use Ebates Hotels to make legitimate reservations for you or for another person for whom you are legally authorized to act; and 4) any and all information supplied by you on Ebates Hotels is true, accurate, current, and complete. Ebates has the right to change these terms in whole or in part, at any time, with or without notice.

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Your Cash Back

When you make a reservation on Ebates Hotels ("Booking"), you will earn a portion of your purchase in cash back. Cash back is calculated on the amount you pay for your Booking only. Cash back is not available on any insurance, taxes, service fees, charges for optional incidentals (such as minibar snacks or telephone calls), regulatory surcharges, and any other fees, charges, and surcharges that the hotel may assess upon check-out. For more information on exclusions, please review the list of exclusions on Ebates.com. When you are signed into your Ebates account, you may view nightly rates with the expected cash back already deducted from the rate ("After Cash Back Rate"). The After Cash Back Rate is not a discount. You will still be charged by the full nightly rate and earn your cash back after your stay. Cash back is only paid on completed hotel stays. Please allow up to fourteen (14) days after your hotel stay for cash back to be added to your account. Cash back will be paid out in accordance with the Terms & Conditions of the Ebates cash back shopping program.

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Hotel Supplier Policies

Separate terms and conditions from the hotel and/or hotel supplier ("Hotel Supplier") will apply to your Booking. These terms will be made available to you during the booking process and on the Hotel Supplier websites. Please read those terms and conditions carefully before making any Bookings. You agree to abide by the terms imposed by any Hotel Supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the Hotel Supplier's rules and restrictions regarding your stay.

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Payment

To make a Booking, you must provide us your payment information. We will collect, use, and share your payment information with our partners and Hotel Suppliers solely to facilitate your Booking. We will securely store and use your payment information as described in our Privacy Policy. You acknowledge that Travelscape, LLC or Vacationspot, SL shall be the merchant of record for your Bookings and shall be treated by any tax authority in any pertinent jurisdiction as the supplier to the Booking for VAT (Value Added Tax) purposes as applied by Directive 2006/112/EC.

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Cancellations

You may view your past and upcoming Bookings on Ebates Hotels at any time. Any cancellations will be subject to the policies of the Hotel Supplier, which may include minimum nightly rate charges, penalties, tax recovery charges, and other service fees set forth in the Hotel Supplier policies. Cancellation does not guarantee a refund. Please review the cancellation policies of the Hotel Supplier prior to making your Bookings. If you cancel or modify your Booking outside of Ebates Hotels (for example, over the phone or with the Hotel Supplier directly), we will not be able to track your Booking and credit your cash back. To ensure your cash back is properly credited to your account, please make any and all modifications to your Bookings on Ebates Hotels. This may mean canceling a reservation and rebooking it on Ebates Hotels.

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Support

We will provide you support for issues relating to your cash back and issues with operation of the Ebates Hotels. If you are dissatisfied with any aspect of your hotel experience, your sole and exclusive remedy is to contact the Hotel Supplier.

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Communications

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

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Information Usage and Sharing

When you use Ebates Hotels, we may also collect and store information relating to your use of Ebates Hotels ("Usage Information"). Usage Information may include, but is not limited to, information about past and upcoming Bookings and your search history on Ebates Hotels. We may use and share Usage Information to:

1. Manage your account and provide you information about your Bookings.

2. Provide you benefits and rewards, such as cash back.

3. Provide you more relevant offers that may be of interest to you in the future.

4. Improve your experience on Ebates Hotels and our products and services.

5. Assess the results of our marketing campaigns.

For more information on how we collect and store information, please review our Privacy Policy.

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Information Disclosed for Our Protection and the Protection of Others

We cooperate with government, law enforcement officials, and private parties to enforce and comply with the law. We may share your information in response to a legal request (like a search warrant, court order, or subpoena) if we have a good faith belief that the law requires us to do so. We may also share information when we have a good faith belief it is necessary to detect, prevent, investigate, and address fraud and other illegal activity or to protect ourselves, you, and others. For example, we may provide information to third-party partners about the reliability of your account to prevent fraud and abuse on and off of Ebates Hotels. Information we receive about you, including payment information related to your Bookings, may be accessed, processed, and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm.

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Intellectual Property

We, along with our corporate affiliates, the Hotel Suppliers, and other licensors own all of the text, images, software, trademarks, service marks or other material contained on Ebates Hotels. You will not copy or transmit any of the material except for your personal, non-commercial use. Your use of and access to Ebates Hotels does not grant you any license or right to use any of the marks included on Ebates Hotels.

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No Warranty

We try to keep Ebates Hotels safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to Ebates Hotels. Booking updates and other notification functionality from us, our partners, and Hotel Suppliers may not occur in real time. Such functionality is subject to delays beyond our control. BY USING Ebates Hotels, YOU AGREE THAT YOU ARE USING EBATES HOTELS AND MAKING Bookings at your own risk, and that they are provided to you on an "AS IS" and "AS AVAILABLE" basis. To the maximum extent permitted by applicable law, we disclaim all warranties, express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

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Limitations on Liability

To the maximum extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates) and our officers, directors, agents, and employees are not liable, and you agree not to hold us responsible, for any damages or losses, including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, consequential damages, or damages resulting directly or indirectly from your use of or your inability to use Ebates Hotels; pricing and hotel descriptions provided on Ebates Hotels; delays or disruptions on Ebates Hotels; glitches, bugs, errors, or inaccuracies of any kind on Ebates Hotels; content, actions, or inactions of third parties; your hotel experience; a suspension or other action taken with respect to your account or breach of these terms; or the manner in which the hotel offerings appear on ebates hotels. To the MAXIMUM extent allowed by law, our total liability to you for any damages related to your use of Ebates Hotels, regardless of reason, will not exceed US$100.

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Termination

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

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Miscellaneous

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 us, our partners, or our affiliates by you or anyone acting on your behalf may result in the termination of your account and/or forfeiture of your benefits and rewards, including any cash back. You agree to indemnify and hold us and our 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 Ebates Hotels.

These terms 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 Ebates Hotels, you agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California. 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. Our failure to insist upon or enforce strict performance of any provision of these terms shall not be construed as a waiver of any provision or right. These terms, along with the Terms and Conditions for the Ebates cash back shopping program and our Privacy Policy, constitute the entire agreement between you and Ebates with respect to the subject matter hereof.

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Dated: November 17, 2016

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