Please read these Terms and Conditions (“Terms and Conditions” or “Agreement”) carefully. This agreement affects your rights. 

InScape Deals (“InScape” or “we”) makes available shopping programs (“Programs”) through www.inscapedeals.com and related mobile and software applications under these Terms and Conditions. 

This Agreement constitutes a legally binding agreement between each individual who enrolls in any of the Programs (“Member”) or otherwise uses any one of the InScapeProperties. If you are a Member or use any of the InScape Properties, 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 PROGRAM(S) AND TERMINATE YOUR PROGRAM ACCOUNT IMMEDIATELY. 

NOTICE REGARDING DISPUTE RESOLUTION: THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND INSCAPE HAVE AGAINST EACH OTHER ARE RESOLVED. YOU AGREE TO THE MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISIONS, DESCRIBED FULLY IN SECTION 4 BELOW, TO RESOLVE ANY DISPUTES WITH THE COMPANY, EXCEPT FOR THOSE MATTERS THAT MAY BE TAKEN TO SMALL-CLAIMS COURT IN THE EXCLUSIVE VENUE AS PROVIDED IN SECTION 23.2. 

1. CHANGES TO THE TERMS AND CONDITIONS

1.1 InScape 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. InScape 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 InScape Property 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. The most current version of these Terms and Conditions will be available on our website and supersedes previous versions. 

2. PROGRAM ACCOUNT

2.1 Our Programs 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 InScape to create your Program account (“Account”). Each person is limited to one Account. To redeem certain offers, rewards and promotions and use services offered by our other Programs, you may elect to provide us additional information. Information that you submit through one of our Programs may be saved and available for your use in our other Programs, 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. INFORMAL DISPUTE RESOLUTION

3.1 We would like an opportunity to address your concerns without a formal legal case. Before filing a claim against InScape, you agree to try to resolve the dispute informally by submitting your request through our Support channel. Please be sure to articulate in the subject line your concerns/ issues/ queries. We will try to resolve the dispute informally by contacting you in writing via email. If a dispute is not resolved within 60 days of submission through this form, you or Company may bring a formal proceeding. 

4. DISPUTE RESOLUTION BY BINDING ARBITRATION; CLASS ACTION WAIVER

4.1 You and InScape agree to arbitrate any and all disputes, claims, or controversies arising out of, in connection with, or relating to this Agreement, InScape’s business, any of the Programs or the InScape Properties, and relationship with you, including any claims that may arise after the termination of this Agreement. This agreement to arbitrate includes any claims against InScape’s employees, agents or any subsidiaries of InScape. Arbitration is a method of claim resolution that is less formal than a traditional court proceeding in state or federal court. It uses a neutral arbitrator instead of a judge or jury and the arbitrator’s decision is subject to limited review by courts. 

4.2 All disputes concerning the arbitrability of a claim (including disputes about the scope, interpretation, breach, applicability, enforceability, revocability or validity of this Agreement) shall be decided by the arbitrator. The arbitrator shall also decide whether any claim is subject to 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. 

4.3 CLASS ACTION WAIVER: YOU AND COMPANY ALSO AGREE THAT EACH IS GIVING UP THE RIGHT TO A JURY TRIAL AND THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT OR REPRESENTATIVE PROCEEDING, CONSOLIDATED ACTION, OR PRIVATE ATTORNEY GENERAL ACTION. This means that neither you nor InScape 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 InScapen further agree that if the provisions of this paragraph, known as the “Class Action Waiver,” are found to be unenforceable, it cannot be severed from this arbitration agreement and the entire provision compelling arbitration shall be null and void. 

5. PROGRAM LICENSE

5.1 Subject to this Agreement, we hereby grant you a non-exclusive, non-transferable license (without the right to sublicense) to access and use the InScape Properties for your personal use to access the Program(s). You agree that you obtain no rights other than the rights and licenses expressly granted in this Agreement. InScape reserves the right to change, upgrade or discontinue the Program, any InScape Property, and any feature of the Program or the InScape Properties, at any time, with or without notice. All rights not expressly granted under this Agreement are reserved by InScape or its licensors. 

6. PROGRAM RESTRICTIONS

6.1 You agree that you will not, and will not permit others to: (i) damage, interfere with or unreasonably overload the InScape Properties; (ii) introduce into the InScape Properties any code intended to disrupt the Program; (iii) alter or delete any information, data, text, links, images, software, chat, communications and other content available through the InScape Properties (collectively, “Content”); (iv) access the Program or the InScape Properties by expert system, electronic agent, “bot” or other automated means or frame the program or the InScape Properties within any applications; (v) use scripts or disguised redirects to derive financial benefit from InScape; (vi) modify, reverse engineer, reverse assemble, decompile, copy or otherwise derive the source code of any InScape Property for any reason; (vii) rent, sell or sublicense any of the InScape Properties; (viii) provide any unauthorized third party with access to the Program; (ix) access or attempt to access confidential Content through the InScape Properties or attempt to circumvent any security, Content protection, or authentication measure associated with the InScape Properties; (x) interfere with the operation of the Program, including, but not limited to, distribution of unsolicited advertising or mail messages and propagation of computer worms and viruses; (xi) post any material in any form whatsoever on the InScape Properties or within the Program that is defamatory, obscene or otherwise unlawful or violates any third party’s right of privacy or publicity; (xii) infringe any third party’s patent, copyright, service mark, trademark or other intellectual property right of any kind or misappropriate the trade secrets of any third party in connection with your use of the Program or the InScape Properties; (xiii) engage in any activity that does not comply with applicable law and regulations or otherwise engage in any illegal, manipulative or misleading activity through the use of the Program; (xiv) use the manual or automated software, devices or other processes to “scrape,” “crawl,” “spider” or index any page of Content from the InScape Properties; (xv) attack the InScape Properties via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; or (xvi) otherwise attempt to interfere with the proper working of the InScape Properties. 

7. INSCAPE REFERRAL PROGRAMS

7.1 These terms (the “Refer-A-Friend Program Terms”) apply to the InScape Refer-A-Friend Program described on the Referral Site (“Refer-A-Friend Program”). InScape Deals (“Company” or “We” or “Us” or “Our”) offers the Refer-A-Friend Program to Our members who are interested in qualifying for bonuses by referring friends and/or family to sign up and shop through www.inscapedeals.com. These Refer-A-Friend Program Terms govern the participation by members who refer (“Referrers”) and the Referees (as defined by the applicable bonus terms). Any capitalized term not defined herein shall have the meaning ascribed to it by the applicable incorporated terms. 

7.1.1 General 

This Refer-A-Friend Program is only open to members who reside and are located in the 50 United States, District of Columbia, or Canada. These Refer-A-Friend Program Terms are in addition to any agreements between you and Company, including Our Terms and Conditions and Privacy Policy (here within), which you agreed to when you signed up for an account, are hereby incorporated by reference, and shall apply to your participation in the Refer-A-Friend Program. 

7.2 Qualified Referral 

A “Qualified Referral” is a Referee who must: 

1. Be a natural person (i.e., no businesses, legal entities or pets) residing in and located in the 50 United States, District of Columbia, or Canada; 

1. Be a new member to www.inscapedeals.com; 

1. Sign up to become a member using a Referrer’s custom referral link or other method supplied that allow for proper tracking of referrals; 

1. Make purchase(s) that earn Cash Back through www.inscapedeals.com (each a “Qualifying Purchase”) within thirty (30) days from sign-up according to the applicable bonus terms made available to you or otherwise; 

1. Consent to and comply with the Terms and Conditions and Privacy Policy; and 

1. Be the individual who pays for the Qualifying Purchase. 

7.3 Refer-A-Friend Program Bonuses 

7.3.1. Referral Bonus. Referrers may qualify for Referral Bonus(es) according to the Referral Bonus Terms available on the Referral Site. The Referral Bonus Terms, which may change from time to time, are incorporated herein by reference. 

7.3.2. Referral Sign Up Bonus. Referees may qualify for a Referral Sign Up Bonus according to the Referral Sign Up Bonus Terms available on the Referral Site. One Referral Sign up Bonus per eligible new member. The Referral Sign Up Bonus Terms, which may change from time to time, are incorporated herein by reference. 

7.4. Influencers 

7.4.1. Qualification. If you, as a Referrer, obtain at least ten (10) Qualified Referrals in a single calendar quarter, you will be designated as an “Influencer” eligible for certain benefits described in Section 7.4.2. 

7.4.2. Benefits. From time to time, We may give Influencers newsletters about Our upcoming promotions to help Influencers promote the Refer-A-Friend Program, or special offers to earn additional bonuses exclusive to Influencers (collectively, “Benefits”). These Benefits are non-transferrable and do not create any right or privilege that may be enforced against Us at any time. 

7.5. Sponsored Influencers 

“Sponsored Influencers” promote Our promotions and the Refer-A-Friend Program on their social platforms for cash or other rewards. If you are interested in becoming a Sponsored Influencer, you are invited to apply. Whether you become a Sponsored Influencer is at Our sole discretion. 

7.6. Representations 

By participating in the Refer-A-Friend Program, (i) as a Referrer, you represent and warrant that you have a personal relationship with your Referee(s) or otherwise have the necessary consents to submit their information to the Refer-A-Friend Program; and (ii) as a Referrer or Referee, you will comply with all applicable Company policies and terms, and any and all applicable laws, rules and regulations in your participation in the Refer-A-Friend Program. 

7.7. Restrictions 

The following is a non-exhaustive list of activities that are not permitted and that will disqualify Referrers and Referees from earning Refer-A-Friend Program Bonuses through the Refer-a- Friend Program: (i) self-referral; (ii) making purchases on behalf of another or under a InScape account that is not yours; (iii) creating fake accounts, blogs, web pages, profiles, websites, links or messages; (iv) any bulk email distribution, submission or distribution to strangers, or any other promotion that would constitute or appear to constitute unsolicited commercial email or “spam”; For clarification, this prohibition shall not prohibit Sponsored Influencers from promoting the Refer-A-Friend Program to their followers who have not otherwise opted-out of receiving communications from such Sponsored Influencer. (v) posting your referral link on any page that is not owned and controlled by you, including, but not limited to, any merchant, Facebook, or forum page; (vi) bidding on any keywords containing “Ebates” or “InScape” or common misspellings thereof; (vii) placement of Our logos or mention of Our trademarks or tradenames in any ad text, extensions or banner ads; (viii) paid advertising for the purpose of generating traffic directly to your referral link; (ix) misleading or attempting to mislead anyone in connection with the Refer-A-Friend Program, including, but not limited to, misrepresenting your relationship with us or posing as Our representative in an official capacity; (x) accessing the Refer-A-Friend Program other than with a commercial browser (such as Microsoft Edge, Mozilla Firefox or Google Chrome) or mobile applications developed and operated by us; and (xi) taking any action or making any content that is disparaging or defamatory to us. Multiple accounts created with the same name, address, email address or other identifying feature may be flagged as fraudulent referrals. 

7.8. Reservation of Rights 

We reserve the right to withhold, deny or cancel any Refer-A-Friend Program Bonuses and/or terminate your account if Company, in its sole discretion, deems any Refer-A-Friend Program Bonus as fraudulent, abusive, unethical, suspicious or otherwise inconsistent with these Refer-A-Friend Program Terms, the Terms and Conditions and Privacy Policy, or any other applicable law or regulation. Our decisions are final. 

7.9. Termination and Interpretation 

We reserve the right to suspend or terminate the Refer-A-Friend Program or to change these Refer-A-Friend Program Terms at any time and for any reason in Our sole discretion, with or without notice to you. All interpretations of these Refer-A-Friend Program Terms will be at Our sole discretion and Our decisions will be final. 

8. STORE POLICIES

8.1 A product purchased from any Affiliate Store, whether online or in store, is governed by and subject to the applicable Affiliate Store policies, including applicable exchange and shipping policies. You agree that we are not agents of any Affiliate Store and that the Affiliate Stores operate independently and are not under our control. Accordingly, your participation in offers or promotions of, or correspondence with, any Affiliate Store is solely between you and that Affiliate Store. We do not assume any liability, obligation or responsibility for any part of such correspondence, offer or promotion, including, without limitation, the withdrawal or modification of any such offer or promotion. InScape is not responsible for changes to, or discontinuance of, any Affiliate Store, or for any Affiliate Store withdrawal from the Program, or for any effect on accrual caused by such changes, discontinuance or withdrawal. 

9. BONUSES AND OTHER REWARDS

9.1 By becoming an InScape member, the Participant agrees to their subscription that: 

• Any and all disputes, claims and causes of action arising out of or in connection with their Rewards and/ or Bonuses shall be resolved individually with any form of class action; 

• Any claims judgments and awards shall be limited to actual out of pocket costs incurred, but under no circumstances will InScape be responsible for any legal fees; 

• Participants hereby waive all rights to claim punitive, incidental or consequential damage and any rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses incurred with their subscription; 

• In no event will InScape, their licensees, parents, affiliates, subsidiaries and related companies, their advertising or promotional agencies or their respective officers, directors, employees, representatives and agents, be responsible or liable for any damages or losses of any kind, including direct, indirect, incidental, consequential or punitive damages arising from access to, or use of, this website, electronic or computer malfunctions, or entrant participation.  

• InScape reserves the right to disqualify any Participant found to be tampering with or otherwise abusing any aspect of this program as solely determined by InScape. 

• Any attempt by a Participant to deliberately damage the website to undermine the legitimate operation of this contest is a violation of criminal and civil laws, and should such an attempt be made, InScape reserves the right to seek damages from any such Participant to the fullest extent permitted by Law 

 

10. REIMBURSEMENTS AND OTHER REWARDS

10.1 Requirements. As a condition of reimbursements or other rewards, you must: (i) establish and maintain an Active Account (defined below); (ii) provide a valid email address that you own and are able to receive email; (iii) provide a password to protect your Account; and (iv) provide your physical address. If you elect to receive reimbursement via PayPal, you must provide a valid PayPal email address and not use a PayPal account associated with another Program Account. A single PayPal email address cannot be connected to multiple Program Accounts. Additionally, you must not be a resident of a country subject to economic or trade sanctions by the U.S. State Department or U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”), be listed as a “Specially Designated National,” a “Specially Designated Global Terrorist,” a “Blocked Person” or similar designation under the OFAC sanctions regime, or be a resident outside of the 50 United States or Washington D.C. You further agree to provide additional information we may reasonably request to verify your identity as a condition for receiving reimbursement. 

10.2 Taxes. You may be taxed on your receipt of bonuses and other consideration (merchandise, travel, etc.) for member referrals or other promotional activities (such as prizes from a giveaways) depending on the tax laws of federal, state and local jurisdictions. You will be solely responsible for any tax liability arising out of the consideration received in connection with any member referrals or promotional activities. 

11. ACCOUNT MAINTENANCE

11.1 Updating Your Account. You agree to keep your Account information current, complete and accurate by periodically updating the information through the InScape Properties. You must be logged into InScape and enter your password to change your Account information and payment preferences. You may check your Account status and recent purchase and/or earning history at any time via the InScape Properties. You will maintain the confidentiality of your Account information, including username and password by which you access the Program. Any use of your username and password will be deemed to be your use, and InScape is entitled to act on instructions received under your password and is not responsible for any credits or debits made to your account by someone else who uses your password. If there is a breach of security through your Account, you will immediately change your password and notify us of such breach. You agree that, unless you have first notified us immediately of any such breach, we should assume that any instruction transmitted using your username and password is yours and has been authorized by you, and we will have no obligation to inquire into the propriety of such instruction. 

11.2 Account Activity. You may cancel your membership at any time by logging into your active InScape account via www.inscapedeals.com. Here you will access your membership and cancel if you wish. Once the cancellation process is complete, your membership will be cancelled instantly and you will be sent a confirmation email. No refund will be offered if you cancel your membership mid-billing cycle for any reason or if you do not complete the cancellation process before the payment comes out. This applies to all memberships options.  

 

If you do not complete the cancellation process and receive the confirmation email or pop up, your membership will stay active and another payment may come out. Cancellation of your membership will not remove you from our marketing database. To remove yourself from our marketing database you must click the unsubscribe link in the promotional email or SMS message (as relevant) and follow the prompts. If you hold a membership and, for any reason, a direct debit for payment of your membership fails, we will attempt to debit your payment on four further occasions every five days over a 15 day period after the initial payment failure. If, after five attempts, we are unable to debit your membership payment, your loyalty membership and all membership benefits will be terminated. You may re-subscribe to a loyalty membership at any time. If you re-subscribe within 30 days of cancelling your loyalty membership or your loyalty membership is cancelled by us, you will retain all previous benefits you held under your last active loyalty membership. However, if you do not re-subscribe to a membership within 30 days of cancellation or termination, any previous benefits you had as a member will not carry over. 

 

12. RECEIVING COMMUNICATIONS

12.1 By signing up to be a Member, you agree to receive communications and notices by electronic mail. Our communications may be account- and membership-related  as well as periodic shopping-related emails that highlight offers and special deals available to InScape Members. We may communicate with you regarding the Program by electronic mail or direct mail using information you provide to us. 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 after the date you become a Member. We may also send you push notifications if you install the mobile application. If you elect to provide us a mobile number, we may use it to contact you when you make account updates or for account recovery purposes. You may receive recurring messages from us during those account changes. Standard message rates apply, and carriers are not responsible for any delayed or undelivered messages. You may opt out of receiving certain communications in accordance with our Privacy Policy. 

13. THIRD-PARTY PLATFORMS

13.1 When you access or use the Company Properties, we may make available services from one or more third parties (“Third-Party Platforms”). The Company Properties support Third-Party Platforms, including Apple, Facebook, and Google to make it easier for you to sign in or create your Account. Any use of Third-Party Platforms to create and access your Account is subject to the terms and conditions and privacy policies of such third parties (“Third-Party Terms”). 

14. YOUR FEEDBACK

14.1 You may be invited to provide us feedback, comments, ideas, suggestions, reviews and other information about our Programs (“Feedback”) through the InScape Properties, by our member services. You hereby grant to InScape and its affiliates and agents a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute and display the Feedback in any media and for any legal purpose, including, without limitation, the right to use such Feedback in advertising and promotional materials and to enhance or improve our products and services and the products and services of its affiliates. 

15. COMMUNITY STANDARDS

15.1 By participating in the Program, you are becoming a Member of a community that depends on the goodwill and responsible behavior of each of our Members. Members are required to refrain from transmission or communication of images or text constituting ethnic slurs, obscenities, sexually explicit material, inflammatory or derogatory comments, or anything else that may be construed as harassing or offensive, which is targeted at the Program, the InScape Properties, our employees, contractors or agents, our Affiliate Stores, or other Members. This includes communications by means of social media or other Internet posts that violate the above community standards or promote or encourage gaming or fraudulent behavior. Members who violate this provision, as determined by us in our sole discretion, may have their access to the Program suspended or terminated without prior notice. 

16. OWNERSHIP

16.1 All right, title and interest in the Program, the InScapeProperties and the Content belong to InScape or its licensors. Additionally, InScape shall maintain all right, title and interest in the “InScape” mark, the InScape logo and any other marks, service marks, trademarks or logos of InScape and its affiliates. The InScape Marks may not be used in connection with any product or service that is not InScape’s or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits InScape or implies a partnership, sponsorship, or endorsement by InScape. You shall not by any means bid on any keywords with any search engine containing “InScape or anything substantially similar to “InScape”, or any other InScape Mark including, without limitation. You shall not mention or use InScape in any ad text, extensions or banner ads without the express written consent of InScape. All other trademarks not owned by InScape that are used in the Programs are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by InScape. 

17. INDEMNIFICATION

17.1 You agree to indemnify InScape, our Affiliate Stores, as well as their respective officers, directors, employees, successors, agents and affiliates, for any and all claims, damages, losses and causes of action (including attorneys’ fees and court costs) arising out of or relating to your breach of this Agreement or for any materials in any form whatsoever that are provided by you (or through your username and/or password). You agree to cooperate as fully as reasonably required in our defense and/or settlement of any claim. We reserve the right, in our reasonable discretion, to assume exclusive control over the defense and settlement of any matter subject to indemnification by you. 

18. WARRANTY DISCLAIMER

18.1 THE PROGRAM, CONTENT AND THE COMPANY PROPERTIES ARE PROVIDED “AS-IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS, RELIABILITY OR VALIDITY OF THE PROGRAMS, CONTENT OR THE COMPANY PROPERTIES, INCLUDING, WITHOUT LIMITATION, ANY PRODUCT SEARCH RESULTS, PRODUCT DESCRIPTIONS, AUTOFILL, INSTANT CASH BACK, PRICING INFORMATION ADVICE, OPINION, STATEMENT, RECOMMENDATIONS, REVIEWS OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED IN CONNECTION WITH ANY PROGRAM. IN ADDITION, WE MAKE NO WARRANTY AS TO PRODUCT AVAILABILITY, INCLUDING THE AVAILABILITY OF PRODUCT FEATURES AND FUNCTIONALITY SUCH AS COMMERCE CAPTURE, AUTOFILL, AND TARGETED MARKETING AND PERSONALIZATION WHICH AVAILABILITY MAY VARY BASED ON YOUR REWARDS EXPERIENCE. COMPANY DOES NOT WARRANT THAT THE FUNCTIONALITY OF THE COMPANY PROPERTIES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THEY WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, COMPANY DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OR ACCURACY OF ADVERTISEMENTS FOR ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY ITS AFFILIATE STORES IN CONJUNCTION WITH THE PROGRAMS. 

19. LIMITATION OF LIABILITY

19.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES OR FOR ANY LOSS PROFITS, LOSS DATA OR LOSS OF USE DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE COMPANY’S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED FIFTY U.S. DOLLARS ($50) OR THE MAXIMUM CASH BACK AMOUNT YOU RECEIVED IN THE LAST FOUR YEARS FROM THE DATE OF ACCEPTANCE OF THESE TERMS, WHICHEVER IS GREATER. THIS LIMITATION SHALL APPLY TO ANY AND ALL LIABILITIES OR CAUSES OF ACTION HOWEVER ALLEGED OR ARISING, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, BREACH OF CONTRACT, OR ANY OTHER CLAIM WHETHER IN TORT, CONTRACT, OR EQUITY. 

20. TERMINATION OR SUSPENSION

20.1 This Agreement is effective when accepted by you and will remain in effect until you or we terminate your Account. You may terminate your Account by accessing your Account’s Privacy Preferences. We may terminate this Agreement, your Account, and your use of or access to the Program at any time, for any reason or no reason, including if your Account remains inactive per Section 12.2. Any violation of this Agreement or the rules and conditions of the Program may result in the termination of your Account and forfeiture of pending or prior rewards. 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 Program or any functionality, feature or other component of any InScape Property. You agree that InScape will not be liable to you or to any third party for any modification, suspension, or termination of the Program or your access to any of the InScape Properties. If you are dissatisfied with any aspect of the Program at any time, your sole and exclusive remedy is to cease participating in the Program by terminating your Account by accessing your Account’s Privacy Preferences. Upon any termination of the Program, your right to use and access the Program, and the InScape Properties, and to receive Cash Back and other rewards, will terminate. Termination will not prejudice either you or our remedies at law or in equity. 

22. GENERAL PROVISIONS

22.1 Entire Agreement. These Terms and Conditions constitute the entire agreement between you and InScape and govern your use of the Program or InScape Properties superseding any prior agreements between you and InScape with respect to the Program or InScape Properties (including, without limitation, earlier versions of this Agreement that may have been accepted by you). Any representations, statements or agreements made or entered into elsewhere, whether directly or indirectly, written or oral or in advertising are not binding toward InScape unless expressly confirmed in writing by InScape to you. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other InScape services, InScape affiliate services, third party content or third party software. 

22.2 Choice of Law and Venue. The validity, construction and interpretation of this Agreement and the relationship between You and InScape, including the rights and duties of the parties, will be governed by the laws of the State of California in the United States without regard to its conflict of law provisions. This shall not limit the protection afforded to you by provisions that cannot be derogated from by agreement by virtue of applicable law. The exclusive venue for any dispute or issue arising out of this Agreement shall be held in San Francisco County, California. 

22.3 Interpretation. Headings under this Agreement are intended only for convenience and shall not affect the interpretation of this Agreement. 

22.4 Waiver and Severability of Terms. 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, except as otherwise stated. 

22.5 Assignment. You may not assign, transfer, or otherwise dispose of 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. InScape has the right to transfer, assign or otherwise dispose of these Terms and Conditions without Your consent. 

Updated: September 25, 2024