toBestDeal

Terms of Use Agreement

toBestDeal is a service by toBestDeal, Inc. We provide a service of rebates . Sellers list their items for sale on the Site and provide the URL to where the item can be purchased. Rebates are claimed through the Site, and we send the check to the buyer for the Rebate.

These Terms of Use shall apply to your use of the Site and any and all services available on or through the Site (the “Services”). By accessing and/or using the Site, you are expressly agreeing to comply with and be bound by the following Terms of Use, toBestDeal’s Privacy Policy located her. and any other policies, rules or guidelines that may be applicable to Services on the Site (“Additional Terms”), as well as all applicable laws and regulations. “You,” or “your,” refers to you, a user of the Site. “Seller” refers to a user of the site that lists an item eligible for a Rebate. “Buyer” refers to user of the Site that purchases an item from a Seller and is eligible to submit a claim for a Rebate through the Site.

We may revise and update these Terms of Use at any time; please periodically review them, because your continued usage of the Site indicates your agreement with any such changes. Any changes we make will be effective immediately upon notice, which we may provide by any means including, without limitation, posting a revised version of these Terms of Use on the Site. You can determine when these Terms of Use were last revised by referring to the “Last Updated” legend at the top of these Terms of Use.

These Terms of Use will remain in full force and effect as long as you are a user of the Site and in the event of termination of your account, or any service or feature, you will still be bound by your obligations under these Terms of Use, including any indemnifications, warranties and limitations of liability.

By using or attempting to use the Site, you certify that you are a resident of the United States and are at least 18 years of age. You also certify that you are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you do not meet these requirements or, if for any reason, you do not agree with all of the terms and conditions contained in these Terms of Use, please discontinue using the Site immediately.

Rebates

In order to qualify for a Rebate, you must: (i) be signed up for a toBestDeal account. You can set up your account here and (ii) complete a purchase using the URL provided from the Site (“Qualified Purchase”). If you complete your purchase through another URL not associated through the Site, you may not be eligible to receive the Rebate. Once your information is received, your Rebate will be reviewed and approved by the Seller in their sole discretion. toBestDeal is not responsible for any unapproved Rebates. In addition, if you return the item subject to the Rebate, you forfeit your right to the Rebate and the amount will be deducted from your account.

Buyer Rebate Payment Requirements

As a condition of payment of applicable Rebates, you must establish and maintain an account with the information necessary to process your payment: your first and last name, a valid email address at which you are able to receive email, a valid postal address at which you are able to receive mail, and a password to protect your account. You further agree to provide additional information we may reasonably request to verify your identity as a condition for receiving payment.

As a condition of payment of applicable Rebates, you agree not to resell any products you purchased in connection with the Site. If you resell any products we reserve the right to cancel the Rebates and your account. You further agree not have more than one account per household. You agree not to claim more than one Rebate per unique product in connection with the Site. You further agree not to apply any additional promotional coupons or discounts when you claim Rebates in connection with the Site.

toBestDeal and its designees shall have the right to remove any Buyer Content, as determined in their sole discretion.

We pay Rebates to Buyer in U.S. dollars via check which will be sent to the address provided in your account. Other payment options may be made available in the future. Rebates are paid to you as the payout date comes, weekly or monthly. We reserve the right to modify the payment schedule at any time. It is your responsibility to keep your address in your account up to date. We are not responsible for payments delivered to the wrong address. If your check expires without being cashed or deposited, or if it is returned uncashed to toBestDeal, we will return the amount to your Account, however, it will be subject to a returned check fee in the amount of $5 which will be deducted automatically from your account.

The determination of a Rebate dispute should be based on the compliance of one or more of the following reasons:

  • The toBestDeal submitted was not legitimate.
  • The order was cancelled or refunded.
  • The product was returned.
  • Extra discount coupons or codes were used along with the toBestDeal offer.
  • The item bought was not the one advertised on the site.
  • The item has been bought multiple times from a same account on the marketplace, in connection with the site (this depends on the seller policies).

Any other reasons may be added at the sole discretion of toBestDeal. It is your responsibility to check your account regularly to ensure that your Rebates are accurately reflected and that your account balance is accurate. If you believe that a Rebate has not been correctly added to your account, you must contact toBestDeal Customer Service atwithin sixty (60) days of the transaction. Should you disagree with any adjustments made to your account or payments made to you, your sole remedy is to cancel your account and cease using our Services. You will be solely responsible for any and all tax liability arising out of any payments you may receive from us.

Communications

By signing up to for an account, you agree to receive communications that are account related (e.g., that we are mailing you a check on a certain date, etc.) as well as periodic shopping-related emails that highlight Rebates and special deals that are available to you. We may communicate with you by electronic communications or direct mail using information you provided during the registration process. Your consent to receive electronic communications includes any notices or other information that we may be required by law to provide you in writing or otherwise. You agree to keep us apprised of your current email address should the same change subsequent to the date you create an account. You may opt out of receiving certain communications in accordance with our Privacy Policy.

Seller Store Policies; Rebate Approval; Seller Products

A product purchased from any Seller through the Site is governed by and subject to the applicable Seller’s store policies, including applicable exchange and shipping policies. We encourage you to read and understand these policies before making a purchase. You agree that we are not agents of any Seller and that the Sellers operate independently and are not under our control with respect to the Rebates or otherwise. Accordingly, your participation in offers or promotions of, or correspondence with, any Seller is solely between you and that Seller. We do not assume any liability, obligation or responsibility for any part of such correspondence, offer or Rebate, including, without limitation, the withdrawal or modification of any such offer or Rebate.

All matters concerning the products and services posted from a Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. toBestDeal makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider toBestDeal, nor will toBestDeal be construed as, a party to such transactions, whether or not toBestDeal may have received some form of revenue or other remuneration in connection with the transaction. You agree that toBestDeal will not be liable for any costs or damages arising out of such transactions, either directly or indirectly. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals. toBestDeal does not assume any responsibility or liability for the actions, product or content of all these and any other third parties. If you want to request a refund, you must request the refund directly from the Seller. To the extent that a purchase or a Rebate is cancelled or does not meet your expectations for any reason, you must contact the Seller and your sole and exclusive remedy with respect to the purchase is with the Seller and not with toBestDeal. All communications or disputes regarding Rebates or refunds are between the Seller and you. toBestDeal will not be responsible or liable in any way for Rebates, refunds, errors in issuing Rebates or refunds or lack of Rebates or refunds. In addition, toBestDeal is not responsible for the truth or accuracy of any Seller Content (defined below) or the ability of any Seller complete a transaction. Notwithstanding the foregoing, you may report the misconduct of any Seller and/or third parties in connection with the Site or any Services to us, and we, in our sole discretion, may investigate the claim and take action.

How to Become a Seller; Seller Accounts; Seller Content

To become a Seller and list your products and Rebates on the site, you must first sign up for a Seller account: There will be no refunds to sellers, as the money from Rebate is sent to a Buyer.

By submitting products for sale on the Site, Sellers will be allowed to submit information, product descriptions, content, graphics, artwork or other copyrighted works and materials related to the products listed for sale (collectively, “Seller Content”). By sending or transmitting Seller Content to toBestDeal, or by posting such Seller Content to any area of the Site, SELLER HEREBY GRANTS toBestDeal AND ITS DESIGNEES A PERPETUAL, WORLDWIDE, NON-EXCLUSIVE, UNLIMITED, TRANSFERABLE, FULLY SUBLICENSEABLE (THROUGH MULTIPLE TIERS), ASSIGNABLE, ROYALTY-FREE, FULLY PAID UP, IRREVOCABLE RIGHT AND LICENSE TO USE, REPRODUCE, DISTRIBUTE (THROUGH MULTIPLE TIERS), MODIFY, ADAPT, COMBINE WITH OTHER WORKS, CREATE DERIVATIVE WORKS OF, PUBLICLY PERFORM, DISPLAY, STORE, DIGITALLY PERFORM, PUBLISH (ON THE SITE, ON ANY OTHER WEBSITE(S), IN PRINT, RADIO, TELEVISION OR ELSEWHERE), IN ANY MANNER AND CONTEXT (INCLUDING BUT NOT LIMITED TO USAGE IN COMMERCIAL, ADVERTISING OR PROMOTIONAL MATERIALS), NOW KNOWN OR IN THE FUTURE DISCOVERED, IN toBestDeal’S SOLE DISCRETION, IN ANY WAY, IN ANY AND ALL MEDIA NOW KNOWN OR HEREINAFTER DISCOVERED, WITHOUT LIMITATION AND WITHOUT ANY COMPENSATION OR ACKNOWLEDGMENT TO SELLER OR ANY THIRD PARTY. To the extent permitted by law, Seller specifically waive any “moral rights” in and to the Seller Content. The foregoing grant includes without limitation, any copyrights and other intellectual property in and to the Seller Content. None of the Seller Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Seller Content. If you have any Seller Content that you would like to keep confidential and/or do not want others to use, do not post it to the Site. toBestDeal IS NOT RESPONSIBLE FOR A PARTY’S MISUSE OR MISAPPROPRIATION OF ANY SELLER CONTENT SELLER POSTS TO THE SITE.

Seller is solely responsible for Seller’s own Seller Content and the consequences of posting or publishing them. In connection with Seller Content, Seller affirms, represents and/or warrants that Seller owns, or have the necessary licenses, rights, consents, and permissions to the Seller Content and to grant the rights and licenses to toBestDeal under all patent, trademark, trade secret, copyright or other proprietary or intellectual property rights in and to any and all Seller Content in the manner contemplated by the Site and these Terms of Use. Seller further understands that the internet has no geographical boundaries, and Seller therefore agrees to comply with all local rules regarding online conduct and acceptable Seller Content. Seller also agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

toBestDeal reserves the right to delete from the Site any Seller Content and will cooperate fully with any law enforcement officials and/or agencies in any investigation, up to and including complete and immediate termination of your registration and/or accounts with toBestDeal. toBestDeal and its designees shall have the right to remove any Seller Content, as determined in their sole discretion. Seller agrees that Seller must evaluate, and bear all risks associated with, the use of any Seller Content, including any reliance on the accuracy, completeness, or usefulness of such Seller Content. In this regard, you acknowledge that you may not rely on any Seller Content created by toBestDeal or submitted to toBestDeal.

You shall not make any conditions for the buyers to be eligible to claim Rebates, e.g. ask them visit your site, leave a review, provide feedback.

You shall not ask buyers for a review in exchange for a rebate. Not under any circumstance you are allowed to ask, trick or suggest to the buyer that he has to leave a review.

You shall not provide obscure or confusing URLs, your URL must lead to the product detail page. You shall not manipulate the price of the product. The price listed on the Site must match the price on your marketplace.

toBestDeal and its designees shall have the right to remove any Seller Content, as determined in their sole discretion.

Termination or Suspension

These Terms and Conditions are effective when accepted by you and will remain in effect until you or we terminate your account. We may terminate these Terms and Conditions and your use of or access to the Site at any time, for any reason or no reason. Any violation of these Terms and Conditions may result in cancellation of your Account and/or forfeiture of pending or prior Rebates. We may, in our sole discretion, at any time and without prior notice, discontinue, cancel, suspend, change or limit access to all or any part of the Site. You agree that toBestDeal will not be liable to you or to any third party for any modification, suspension, or termination of these Terms and Conditions or your access to the Site. If you are dissatisfied with any aspect of the Site or the Services at any time, your sole and exclusive remedy is to cease using the Site and the Services and terminate your account. Upon any termination of your account, your right to use and access the Services and to receive Rebates, will terminate. Termination will not prejudice either your or our remedies at law or in equity. If as a buyer your account is suspended for a violation of our TOS, all your pending rebate checks will be declined and reimbursed to the seller.

Disclaimers

THE SITE AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, toBestDeal DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

IN MOST INSTANCES, THE ABILITY OF toBestDeal TO PROVIDE SERVICES IS DEPENDENT UPON A TELECOMMUNICATIONS NETWORK OR THE INTERNET, WHICH MAY NOT BE FULLY SECURED, AS WELL AS GOODS AND SERVICES PROVIDED BY SELLERS AND VARIOUS OTHER VENDORS AND THIRD PARTIES. toBestDeal DOES NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THE SITE WILL MEET YOUR REQUIREMENTS, THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. toBestDeal DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A SELLER OR ANY OTHER THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED SITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND toBestDeal WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND A SELLER OR ANY OTHER THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOUR USE OF THE SITE AND ANY SERVICES PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK. toBestDeal IS NOT RESPONSIBLE FOR ANY UNFAVORABLE CONSEQUENCES IN THE MARKETPLACE ACCOUNT. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM toBestDeal AND/OR ITS AFFILIATED PARTIES OR ON OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

Limitation of Liability

TO THE GREATEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NEITHER toBestDeal NOR ANY OF ITS AFFILIATES, SHAREHOLDERS, LICENSORS, SUPPLIERS, OR ADVERTISERS, NOR ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE OR WILL BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR PRODUCTS CONTAINED ON THE SITE, ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, TO THE GREATEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT toBestDeal SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (I) THE USE OR THE INABILITY TO USE THE SITE, PRODUCTS, SERVICES OR ANY LINKED SITE; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF toBestDeal; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR ANY LINKED SITE; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE; (VII) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; (VIII) THE QUALITY, SAFETY OR LEGALITY OF PRODUCTS ADVERTISED ON THE SITE; AND/OR (IX) ANY OTHER MATTER RELATING TO THE SITE, OR toBestDeal SERVICES. THE MAXIMUM TOTAL AGGREGATE LIABILITY OF toBestDeal, ITS AFFILIATES, SHAREHOLDERS, LICENSORS, SUPPLIERS, ADVERTISERS AND SPONSORS, AND ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS AND OTHER REPRESENTATIVES, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ALL DAMAGES, LOSSES SUFFERED BY YOU AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF THE TOTAL AMOUNT OF MONIES RECEIVED BY toBestDeal FROM YOU OR $100 USD.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnification

You agree to indemnify, defend and hold toBestDeal and its affiliates, licensors, suppliers, advertisers and sponsors, and their respective directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of these Terms of Use; (b) any allegation that any Seller Content or other materials you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (c) your activities in connection with the Site; and/or (d) termination of your access to the Site.

Ownership

All right, title, and interest in the Site and the Services belong solely to toBestDeal or its licensors. Additionally, toBestDeal shall maintain all right, title, and interest in “toBestDeal” and any other marks, service marks, trademarks, or logos of toBestDeal (collectively, the “Marks”) that are registered in the U.S. and other countries. The Marks owned by toBestDeal, whether registered or unregistered, may not be used in connection with any product or service that is not offered by toBestDeal, in any manner that is likely to cause confusion with customers, or in any manner that disparages toBestDeal. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Mark without the express written permission of toBestDeal, toBestDeal’s licensors or suppliers, or the third-party owner of any such Mark. Misuse of any Marks is prohibited, and toBestDeal will aggressively enforce its intellectual property rights in such Marks, including via civil and criminal proceedings. You shall not mention or use toBestDeal in any ad text, extensions or banner ads without the express written consent of toBestDeal.

Governing Law; Dispute Resolution

The validity, construction, and interpretation of this Agreement, and the rights and duties of the parties hereto, will be governed by and construed in accordance with the laws of the State of Wyoming in the United States, without regard to conflicts of law provisions contained there. You agree that any dispute, claim or controversy arising out of or in connection with toBestDeal’s business, the Services or this Agreement or relating in any way to the Site shall be determined by binding arbitration. You further agree that the U.S. Federal Arbitration Act and federal arbitration law shall govern the interpretation and enforcement of this agreement to arbitrate. You also agree to waive the right to a trial by jury or to participate in a class action. These waivers are mutual as between you and toBestDeal, and toBestDeal waives its right to a trial by jury or to participate in a class action against you. This means that neither you nor toBestDeal can seek to assert class or representative claims against each other either in court or in arbitration and no relief can be awarded on a class or representative basis. The arbitrator also may not consolidate or join another person’s claim with your claim or issue an order that would achieve the same result. You and Rebate Key further agree that if the provisions of this paragraph are found to be unenforceable, then the entire provision compelling arbitration shall be null and void. You also agree that all issues are for the arbitrator to decide. This includes all issues related to the scope, application, interpretation and enforceability of this Agreement and this arbitration provision. The arbitrator shall also decide whether any claim is subject to arbitration. The arbitration will be governed by the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.com. The arbitrator is bound by the terms of this Agreement. If your claim in arbitration is for less than $50,000, toBestDeal will reimburse you for filing and arbitrator fees at the conclusion of the proceeding unless your claim is found to be frivolous by the arbitrator. In lieu of arbitration, you may also elect to have your claims decided in small-claims court, so long as the small-claims court does not permit class, representative, or consolidated actions, or the award of relief in favor of any person or entity that is not a named party to the small-claims action.

Miscellaneous

You may not assign your rights and obligations under this Agreement, in whole or in part, without our prior written consent, and any such assignment without such consent will be null and void. Headings under this Agreement intended only for convenience and shall not affect the interpretation of this Agreement. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any provision of this Agreement is held to be invalid, such invalidity shall not affect the remaining provisions. This Agreement represents the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or representations, written or oral (including without limitation, earlier versions of this Agreement that may have been accepted by you).

Last update: December 02, 2019