Terms & Conditions of Use

Incentivize Green, Inc. (“we”, “our”, “us”, “Incentivize”) offers news, information, product, and rebate data through our website at www.incentivize.us (the “Website”) and through our rebate search tool (“RebateCalculator”) available via the Website and other 3rd party websites (denoted by “Powered by Incentivize.us”) (together, the “Website” and “RebateCalculator” are the “Platform”). These terms (“Terms & Conditions”) apply to the Website and RebateCalculator only; they do not apply to any 3d party-owned or operated website or service. This is a legal agreement between you and Incentivize. We reserve the right to change these Terms & Conditions at any time, effective immediately upon posting on www.incentivize.us/terms-and-conditions. Please check periodically for updates.

1. Acceptance of Terms & Conditions

By using the Platform, you agree to these Terms & Conditions. If you do not agree with any of these terms, you should not use the Platform. Your use of the Platform constitutes your acceptance of these Terms & Conditions.

2. Eligibility

You must be at least 18 years old to use the Platform. By using the Platform, you represent and warrant that you are of legal age to form a binding contract with Incentivize. If you use the Platform on behalf of another person or entity, (a) all references to “you” throughout these Terms & Conditions will include that person or entity, (b) you represent that you are authorized to accept these Terms & Conditions on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms & Conditions, the person or entity agrees to be responsible to us.

3. Privacy Policy

Please refer to our Privacy Policy for more information on how we collect, use, share, process and protect personal data and other information from users of the Platform. By using the Platform, you agree to be bound by the Privacy Policy. If you do not agree with the Privacy Policy, please do not use the Platform.

4. Cookies

Our Platform uses cookies to enhance user experience and help users resume where they left off. By using our Platform, you consent to the use of cookies.

5. User Responsibilities

You acknowledge and agree that you are solely responsible for your use of the Platform. You shall comply with all applicable laws and regulations while using the Platform. You further agree not to use the Platform for any unlawful, harmful, or unauthorized purposes.

6. Platform Contents; Third-Party Links & Resources

The Platform provides information and data from a variety of publicly accessible and other sources, including utility websites, public agency websites (including the Dept. of Energy and the EPA), and state regulatory agencies. This information includes but is not limited to rebate amounts, rebate program start and end dates, and rebate program eligibility criteria. However, we do not make any representation regarding the accuracy of information found on the Platform. You acknowledge and agree that Incentivize is not responsible or liable for the availability or accuracy of any of the information obtained from other sources found on the Platform. You acknowledge sole responsibility for and assume all risk, financial or otherwise, arising from your use of any such information.

The Platform may provide links to third-party websites or resources. You acknowledge and agree that Incentivize is not responsible or liable for the availability or accuracy of, and Incentivize does not endorse, such websites or resources or the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

7. Use of the Platform; Intellectual Property

You may only visit, view, and retain a copy of pages and information available on the Platform for your own personal, non-commercial use, and you agree not to copy, duplicate, alter, reverse engineer, download, publish, modify, create derivative works, publicly display or otherwise distribute any Content (as defined below) on the Platform for any purpose other than for personal, non-commercial use. The information, software, text, images, input and output tools, data, illustrations, files, rebate information, audio and video clips, designs, documents, and other materials and content (collectively, the “Content”) on the Platform is the property of Incentivize or other third parties and may be protected by U.S. or other countries’ copyright laws. Subject to your compliance with these Terms & Conditions, you are granted a non-exclusive, non-transferable, non-sublicensable, limited, and revocable license to:(i) access and use the Platform for your own personal, non-commercial purposes; (ii) view and share the Incentivize Rebate Tool’s results through means expressly permitted by Incentivize (e.g., email, social media); and (iii) download and print materials from the Platform for the purpose of reading and retaining such materials for reference. Any other access, use, copying, distribution, retransmission or modification of the Platform without our prior written permission is strictly prohibited and will terminate the license granted herein and violate our intellectual property rights. Except as explicitly stated in these Terms & Conditions, all rights in and to the Platform are reserved by us and/or our licensors. By using the Platform, you represent and warrant that you will: (i) restrict your use of the Platform and the Content as set forth herein; (ii) comply with all of these Terms & Conditions; and (iii) not violate the rights of Incentivize or any other person or entity.

The Content found on the Platform, including search results and rebate information, is to be used for reference purposes only. The contents of the Platform may not, in whole or in part, be reproduced; copied; disseminated; sold; reverse engineering; entered into a computer database; or otherwise utilized, in any form or manner or by any means, except for the user’s individual, personal and confidential reference.

8. Trademarks

Any product name, service name, or slogan included on the Platform are trademarks of Incentivize, our licensors, and/or our suppliers and may not be copied, imitated or used, in whole or in part, without our express written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned in the Platform are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply our endorsement, sponsorship or recommendation.

9. Repeat Infringer Policy; Copyright Complaints.

In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances where feasible, access by users who repeatedly infringe the intellectual property rights of others. If you believe that any part of the Platform infringes any copyright that you own or control, you may notify our Designated Agent as follows:

Company: Incentivize Green Inc.
Attention: Compliance Department
Telephone Number: 1-401-236-5303
E-Mail Address: info@incentivize.us

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable to us for certain costs and damages.

9. Prohibited Use of Platform

The Platform may be used and accessed only for lawful purposes and only as permitted by these Terms & Conditions. You agree to abide by all applicable local, state, national, and foreign laws, treaties, and regulations in connection with your use of the Platform.

In addition, without limiting the above, you agree that you will not do any of the following while using or accessing the Platform: (a) Circumvent, disable, or otherwise interfere with security-related features of the Platform or features that prevent or restrict use or copying of any Content; (b) Use any meta tags or other hidden text or metadata utilizing an Incentivize name, trademark, URL or product name; (c) Upload, stream, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes” or any other form of solicitation, as well as viruses or other computer code that may interrupt, destroy, limit the functionality of the Platform, or interfere with the access of any other user of the Platform; (d) Forge any TCP/IP packet header or any part.

10. Disclaimer of Warranties

You understand and agree that the information provided by Incentivize through the Platform is for general information purposes only.

YOUR USE OF THE PLATFORM AND/OR ANY CONTENT, DATA, OR OTHER INFORMATION OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT AND ANY DATA OR OTHER INFORMATION OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER INCENTIVIZE NOR ANY PERSON ASSOCIATED WITH INCENTIVIZE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PLATFORM OR ITS CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER INCENTIVIZE NOR ANYONE ASSOCIATED WITH INCENTIVIZE REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT OR ANY DATA OR OTHER INFORMATION OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM, ITS CONTENT OR ANY DATA OR OTHER INFORMATION OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

INCENTIVIZE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

11. Indemnification

You agree to indemnify and hold harmless Incentivize and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees and costs, arising out of or in any way connected with: (i) your access to or use of the Platform; (ii) your violation of these Terms & Conditions and/or the Privacy Policy; (iii) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); (iv) your violation of any applicable laws, rules, or regulations; and/or (v) your conduct in connection with your access to and use of the Platform.

12. Dispute Resolution

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS & CONDITIONS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND INCENTIVIZE, WHETHER THE DISPUTE IS BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED IN FINAL, BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN COURT BY A JUDGE OR A JURY. YOU AGREE THAT INCENTIVIZE AND YOU EACH WAIVE THE RIGHT TO TRIAL BY A JURY AND THAT THE FEDERAL ARBITRATION ACT (“FAA”) AND FEDERAL ARBITRATION LAW, NOT STATE LAW, GOVERNS THE ENFORCEABILITY OF THIS DISPUTE RESOLUTION PROVISION. YOU ALSO AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU AGREE TO GIVE UP THE ABILITY TO BRING OR PARTICIPATE IN A CLASS ACTION.

In the event of any dispute arising out of or relating to these Terms & Conditions, the Privacy Policy, or any contract between you and Incentivize, you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing any arbitration or court proceeding. You agree that you will not commence any arbitration or court proceeding unless you and Incentivize are unable to resolve the dispute within 60 days after we receive notice of your dispute and you have made a good faith effort to resolve your claim directly with us during that time. If we are unable to resolve your claim within 60 days despite those good faith efforts, then either you or Incentivize may initiate an arbitration or small claims court proceeding.

The Arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (currently available by calling 1-800-778-7879 or at https://www.adr.org/sites/default/files/Consumer_Rules_Web_1.pdf), as amended by these terms. If AAA fails or declines to conduct the arbitration for any reason, we will mutually select a different arbitration administrator. If we cannot agree, a court will appoint a different arbitration administrator, but will not decide arbitrability or any other aspect of the parties’ dispute. The arbitrator may award any individual relief a court of law could, including temporary, interim, or permanent injunctive relief on an individual basis.

If a court or arbitrator finds in any action between you and Incentivize that any part of this arbitration agreement and class action waiver is unenforceable with respect to any claim or dispute, then the arbitration agreement and class action waiver will not apply to that claim or dispute, but will still apply to any and all other claims or disputes that you or Incentivize may assert in that or any other action. If any other provision of this Dispute Resolution provision is found unenforceable, the other parts of it shall continue to apply.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL INCENTIVIZE, ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES OR SERVICES LINKED TO OR FROM THE PLATFORM, ANY CONTENT ON THE PLATFORM OR ANY DATA OR INFORMATION OBTAINED THROUGH THE PLATFORM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND REGARDLESS OF WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE OR IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL INCENTIVIZE’S AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS & CONDITIONS EXCEED THE GREATER OF ANY COMPENSATION PAID BY YOU TO ACCESS OR USE THE PLATFORM OR TWENTY-FIVE UNITED STATES DOLLARS ($25.00).

The limitations set forth in this Section will not limit or exclude liability for any matters for which liability cannot be excluded or limited under applicable law.

14. Severability

If any provision of these Terms & Conditions is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms & Conditions unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

15. Governing Law and Jurisdiction

These Terms & Conditions shall be governed by and construed in accordance with the laws of Rhode Island. Any dispute arising out of or in connection with these Terms & Conditions shall be submitted to the exclusive jurisdiction of the courts of Rhode Island.

16. Entire Agreement

These Terms & Conditions constitute the entire agreement between you and Incentivize regarding the subject matter hereof and supersede all prior or contemporaneous understandings or agreements, whether written or oral.

17. Services

We make available to you through the Platform a variety of tools and information that allow you to research and find incentive information for certain products. We may provide you with links to the claim forms of these programs. You may also find 3rd party sources from whom you may choose to purchase these products. Notwithstanding the foregoing, the number and features of the tools and resources made available on the Platform may vary at Incentivize’s sole discretion, and Incentivize does not make any representation that any particular tool or resource will be available at any given time or have certain features.

18. Modifications to the Platform

We reserve the right to modify the Platform or to suspend or stop providing all or portions of the Platform at any time. You also have the right to stop using the Platform at any time. We are not responsible for any loss or harm related to your inability to access or use the Platform.

19. Miscellaneous

Our failure to exercise or enforce any right or provision of these Terms & Conditions will not operate as a waiver of such right or provision. The section titles in these Terms & Conditions are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms & Conditions are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights on any other person or entity. You agree that communications and transactions between you and Incentivize may be conducted electronically.