Terms And Conditions

Latest Edit: September 1, 2023

Welcome to EinsteinCares.com and/or its affiliates (“EinsteinCares, “we” or “us”) provide this website (“Site”) and the services available through this Site (“Services”) to you subject to the following conditions. We reserve the right, in our sole discretion, at any time to modify, discontinue or terminate the Site and Services, or modify these Terms without advance notice. No material changes to these Terms will be effective unless we have provided you with notice of such changes. If such changes are not acceptable to you, your sole remedy is to cease using this Site and Services, and if applicable, cancel your Site account. By continuing to access or use this Site and Services after we have notified you of the revised Terms, you agree to be bound by such revised Terms. Therefore, you should review the Terms from time to time and prior to each time you use any EinsteinCares Product through the Site so that you understand the applicable terms and conditions. If you do not agree to the amended terms, you must stop using the Site. EinsteinCares reserves the right to temporarily or permanently terminate your account at EinsteinCares’ sole discretion if it determines or suspects you have violated these Terms & Conditions, any laws, or the rights of our other users or other third parties. Examples of unauthorized usage include, but are not limited to, the use of unauthorized IP masking, the creation of multiple accounts by the same individual or other fraudulent account activity or behavior. You agree that if EinsteinCares, in good faith and in its sole discretion, determines that you have breached these Terms & Conditions, EinsteinCares may withhold, cancel, or otherwise retain any and all of your pending deliveries.

CHIP-IN DONATIONS

Thank you for Chipping in to bring EinsteinCares to the world. You have joined the mission to give $1 billion dollars to charity without costing any giver a penny. It’s the only site on the entire internet that rewards for shopping by giving cash back and cash to your favorite charity. All chip in donations are final. The best part is that you are now part of the EinsteinCares mission to Make A Difference. You are now officially MAD: making a difference with your donation.

$1,000 SHOPPING SPREE SWEEPSTAKES

The Raffle to win a $1,000 Shopping Spree is available to all who have Chipped In. Each perk tier offers a set number of ticket/s. The Winner will be chosen at random on November 1, 2023. The $1,000 will be deposited into the winner’s EinsteinCares account within 3 business days. The $1,000 is available to be used on any of the thousands of EinsteinCares merchants. You simply notify EinsteinCares where you want to shop and go use any amount in your account to purchase the goods or service.

NO PURCHASE NECESSARY

No purchase necessary. You can enter the $1,000 shopping spree sweepstakes without making a purchase. See free perk tier on our funding page.

DEFINITIONS

  • Card Networks or Payment Card Networks – Visa, Mastercard and American Express (where applicable)
  • Enrolled Card – An eligible card can be enrolled in EinsteinCares’ reward program and become an enrolled card.
  • Service Providers (Fidel) – Fidel defined as the Service Provider providing Transaction Data for your Program
  • Qualified or Qualifying Transaction – transaction meeting the offer criteria of your program and qualifies for rewards
  • Partner/Participating Brand or Merchant – a Brand or Merchant Partner who is available and participating in your Program and have offers available to users
  • Redemption: the method in which eligible rewards or cash back earned from a Qualifying Transaction on an Eligible Card made at a participating merchant or partnered brand, is paid out to you.
  • Eligible Reward or Cash Back: the rewards/cash back earned from a Qualifying Transaction on an Eligible Card made at a participating merchant or partnered brand.

SITE ACCESS

Subject to these Terms, EinsteinCares grants you a limited license to access and make personal use of this Site and not to download or modify it, or any portion of it, except with express written consent of EinsteinCares. This license does not include any resale or commercial use of this Site or its contents; any collection or use of any product, descriptions or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of others; any use of data mining, robots, or similar data gathering and extraction tools or any use of the Site or its contents other than for its intended purpose. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited except as expressly permitted under these Terms. Any unauthorized use is prohibited and may also violate applicable laws including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of EinsteinCares without express written consent. You may not use any meta tags or any other “hidden text” utilizing EinsteinCares’ name or trademarks without the express written consent of EinsteinCares. Any unauthorized use terminates the permission or license granted by EinsteinCares. You may not use any EinsteinCares logo or other proprietary graphic or trademark as part of a link to our Site without our express written permission. This license is revocable at any time.

CHILDREN

Protecting the privacy of young children is crucial. For that reason, we do not knowingly collect or maintain personal information from persons under 13 years of age, and no part of EinsteinCares.com is directed to persons under 13. EinsteinCares.com is expressly limited to use by persons 18 years of age or above. IF YOU ARE UNDER 13 YEARS OF AGE, THEN PLEASE DO NOT USE OR ACCESS EINSTEINCARES.COM AT ANY TIME OR IN ANY MANNER. If we learn that personal information of persons less than 13 years of age has been collected on EinsteinCares.com without verifiable parental consent, then we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under the age of 13 has obtained an account with EinsteinCares.com, then you may alert us at [email protected] and request that we delete that child’s personal information from our systems.

By registering, you represent and agree that you are a resident of the United States, 18 years of age or older and able to enter into binding contracts. Employees of EinsteinCares are not permitted to participate in any contests. By accepting the Terms & Conditions and/or registering with EinsteinCares you confirm that You are at least 18 years of age and at least age of majority under applicable laws of the country, state, city, or other jurisdiction (each, a “Jurisdiction”) of Your residence, that You can engage in a binding contract, and that You meet all other eligibility requirements contained in these Terms & Conditions. By using EinsteinCares, You warrant that you have the right, authority, and capacity to enter into this agreement and to abide by all of the Terms & Conditions.

You must reside in one of the 50 states of the United States or Washington D.C. User agrees that he/she was never convicted of felonies related to ponzi schemes, market manipulation or fraud. Also, that he/she never was blocked from another site for violation of terms or for nonpayment or cancellation of payment.

YOUR ACCOUNT

In order to access certain features of the Site and Services, and to post content as described below, you must create an account with us. When you create an account, you agree to provide accurate, current and complete information as may be prompted by any registration forms on the Site (“Registration Data”) and to maintain and promptly update the Registration Data to keep it accurate, current and complete. During the registration process, you may be asked to choose a username. EinsteinCares reserves the right to refuse a username for any reason including if it believes it is offensive, illegal, infringing upon the rights of others or if it breaches these terms in any other way.

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account and computer, and you agree to accept responsibility for all activities and unauthorized access that occur under your account or password. EinsteinCares reserves the right to cancel an account, refuse registration, refuse service, terminate accounts, cancel orders or disqualify you for any reason or for no reason at its sole discretion, including but not limited to when, in EinsteinCares’ sole opinion, you have violated the Terms. When you register at EinsteinCares you consent to receive communications from us electronically. Although EinsteinCares will not be liable for your losses caused by any unauthorized use of your Account, you may be liable for the losses of EinsteinCares or others relating to any such unauthorized use.

Either you or EinsteinCares may at any time terminate your Account, for any reason or no reason, with or without notice.

SERVICES

By using the site, you can link an eligible CREDIT CARD OR DEBIT CARD of your choosing to EinsteinCares reward program. With of your enrolled card at a participating merchant you will be accumulating a cash back reward AND simultaneously generating a similar reward to the CAUSE you selected. Collectively, the “Services” and the “Organization”. We are always working on ways to improve our Services. We reserve the right to modify or change our Site or the Services, temporarily or permanently, with or without notice to you. You acknowledge and agree that we shall not be liable to you or any third party in the event that we exercise our right to modify, change or discontinue the Site or the Service. You may unlink your credit or debit card/s by going to My Account and selecting your linked credit or debit card/s to deactivate from the EinsteinCares reward program.

ELIGIBLE TRANSACTIONS AND EARNING EINSTEINCARES REWARDS

The Eligible Rewards that are available to you through the EinsteinCares Reward program are based on the Qualifying Transactions made on your Eligible Card. You can earn rewards by making a Qualifying Transaction on your Eligible Card at a participating merchant within the offer criteria. As a condition of payment of accrued Rewards, you must: (A) establish and maintain an Active Account; (B) provide a valid email address that you own and are able to receive email; (C) provide a password to protect your Account; and (D) provide your physical address and your valid PayPal email address; or your valid Zelle phone number or email address; or your physical mailing address when selecting redemption by check. If you elect to receive payment via PayPal, you must not use a PayPal account associated with another Program Account. A single PayPal email address cannot be connected to multiple Program Accounts. Members may select or change their payment options in the account settings. Your eligible reward or cash back earned from a Qualifying Transaction must be completed and no refund of purchases have taken place. A minimum of $10 and a maximum of $250 can be redeemed at a time. It may take 48-72 hours for the status of your Redemption to be updated. EinsteinCares is not responsible for payments delivered to the wrong address through no fault of EinsteinCares or for payment errors made by payment partners, like PayPal. If your check expires without being cashed or deposited, or if it is returned uncashed to EinsteinCares, the payment amount will be returned to your Account. Eligible Rewards may not be transferred or combined with another Account. EinsteinCares reserves the right to reverse any Eligible Reward if any refunds on the original Qualifying Transaction have been identified. If a User’s account is terminated, any remaining Eligible Rewards will be forfeited.

HOW IS MY INFORMATION USED?

We currently use Fidel and the card networks (Visa, Mastercard, and American Express) to monitor card transactions for your participation in the EinsteinCares program. Your agreement to the various EinsteinCares Terms of Service (TOS) authorize Fidel and the card networks to monitor the transactions made with your registered eligible payment cards at participating EinsteinCares merchants to confirm qualified transactions. The data collected from Fidel includes your registered card identifier, merchant location, transaction date/time and amount.

TRANSACTION MONITORING:

By registering an eligible card in connection with transaction monitoring, you authorize EinsteinCares to share your payment card information with Visa, Mastercard and AMEX (Payment Networks) so it knows you enrolled. You authorize Mastercard, Visa and AMEX to monitor transactions on your registered card(s) to identify qualifying purchases in order to determine whether you have qualified for or earned an offer linked to your payment card, and for Visa, Mastercard and AMEX (Payment Networks) to share such transaction details with EinsteinCares and participating merchants to enable your card-linked offer(s) and provide offers that may be of interest to you. You may opt-out of transaction monitoring on the payment card(s) you have registered by navigating to your settings menu to remove your linked card(s).

You acknowledge that Visa, Mastercard and AMEX may be unable to monitor every transaction made with your enrolled Visa, Mastercard and AMEX including PIN-based purchases on debit cards, purchases you initiate through identification technology that substitutes for a PIN, payments made through other payment methods (such as a digital wallet or a third party payment app, where you may choose your Visa, Mastercard and AMEX card as a funding source but you do not present your card directly to the merchant), payments of existing balances, balance transfers, or transactions that are not processed or submitted through the Visa U.S.A. or MasterCard, AMEX payment systems, and that these transactions are not eligible. You may opt-out of this monitoring at any time by selecting ‘Account’ from the home screen of your EinsteinCares App and deleting your registered card(s). User acknowledges that if they choose not to register a credit or debit card or if they do not use our receipt scan functionality, they will not be generating Qualified Transactions that result in cash back. If you register a debit card, your transaction must be processed as a ‘credit’ (i.e., signature) transaction to make sure the transaction can be monitored. Do not use a Personal Identification Number (PIN) when paying for your purchases with your enrolled card if you want the transaction to be eligible for rewards or offer completion.

CARD ELIGIBILITY:

Not all Visa, MasterCard, and American Express cards are eligible for registration – including PIN based purchases on debit cards. Visa, MasterCard, and American Express Corporate cards, Visa, MasterCard, and American Express Purchasing cards, non-reloadable prepaid cards, government-administered prepaid cards (including EBT cards), healthcare (including Health Savings Account (HSA) or Flexible Spending Account (FSA) or insurance prepaid cards, Visa Buxx, and Visa-, MasterCard-, and American Express-branded cards whose transactions are not processed through the Visa payment system, MasterCard payment system, and/or American Express payment system are not eligible to participate.

You acknowledge that Visa, Mastercard and AMEX may be unable to monitor every transaction made with your enrolled Visa, Mastercard and AMEX including PIN-based purchases on debit cards, purchases you initiate through identification technology that substitutes for a PIN, or transactions that are not processed or submitted through the Visa U.S.A. or MasterCard, AMEX payment systems, and that these transactions are not eligible. You may opt-out of this monitoring at any time by selecting ‘Account’ from the home screen of your EinsteinCares and deleting your registered card(s). If you register a debit card, your transaction must be processed as a ‘credit’ (i.e., signature) transaction to make sure the transaction can be monitored. Do not use a Personal Identification Number (PIN) when paying for your purchases with your enrolled card if you want the transaction to be available for view or action on the EinsteinCares App.

USER CONTENT RULES AND POLICIES

The Site may include interactive areas (“Interactive Areas”) in which you or other users create, post or store reviews, comments, messages, photos, information, text, videos or other content or materials (“User Content”). You are solely responsible for your use of such Interactive Areas and use them at your own risk. You agree not to post transmit store or otherwise publish through the Site any of the following:

  1. User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  2. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
  3. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  4. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity or the origin of any User Content;
  5. Unsolicited promotions, political campaigning, advertising or solicitations;
  6. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  7. Viruses, corrupted data or other harmful, disruptive or destructive files; and
  8. User Content that, in the sole judgment of EinsteinCares is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose EinsteinCares or its suppliers or users to any harm or liability of any type.

If you do post User Content you represent and warrant that you have the lawful right to distribute and reproduce such User Content, and unless we indicate otherwise, you grant EinsteinCares a nonexclusive, royalty free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant EinsteinCares and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control or otherwise have all necessary rights to post the User Content and grant the rights granted herein; (b) that the content is accurate and not misleading; (c) that use and posting of the User Content does not violate these Terms and will not violate any rights or cause injury to any person or entity; and (d) that you will indemnify EinsteinCares for all claims resulting from User Content you post.

EinsteinCares does not endorse any User Content or any opinion, recommendation or advice expressed therein, and expressly disclaims any and all liability for any User Content posted by you or any third party. In addition, EinsteinCares is not liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk.

Although EinsteinCares has no obligation to screen, edit or monitor any of the User Content, EinsteinCares reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Site. Enforcement of the User Content rules and policies set forth in these Terms is solely at EinsteinCares’ discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Site will not contain any content that is prohibited by such rules. Our Site may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. We assume no liability for the content of external links. The operators of the sites linked to and from the Site are solely responsible for their contents. You should carefully review the terms and conditions of such sites, including their privacy policies, before visiting them.

THIRDPARTY PRODUCTS AND SERVICES

EinsteinCares may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links to third party products or services on the Site. In addition, the travel experiences sold through the Site are often provided by third-party travel operators. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and such third-party. EinsteinCares is not responsible or liable for any loss, injury or damage of any sort incurred as the result of any such dealings or promotions or from any third-party products and services. EinsteinCares may also transmit necessary personal data to our partners to facilitate a booking for a given property.

WHAT YOU MUST NOT DO

The Site and Services may be used and accessed for lawful purposes only. You agree to be bound by all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of the Site and Services. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Site or Services: (a) Circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any content; (b) Upload, stream, email or otherwise transmit any content in violation of these Terms; (c) Use any meta tags or other hidden text or metadata utilizing name, trademark, URL or product name incorporating EinsteinCares; (d) 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 Site or the Services, or interfere with the access of any user to the Site or the Services; (e) Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Site or Services to send altered, deceptive or false source identifying information; (f) Attempt to probe, scan or test the vulnerability of any system or network or breach or impair or circumvent any security or authentication measures protecting the Site or Services; (g) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Services; (h) Collect or store personal data about other users without their express permission; (j) Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud; (k) Encourage or instruct any other individual to do any of the foregoing or to violate any term of these Terms; (l) Use any third party software or other “bot” to assist in purchasing items or harvesting site data

DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

THE SITES, SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICES OR PROVIDED THROUGH THE SERVICES (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. EinsteinCares, THE PAYMENT CARD NETWORKS, AFFILIATES, AND THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS, OR SUPPLIERS (COLLECTIVELY, “SUPPLIERS “) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SITE OR OF THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. NEITHER EINSTEINCARES, THE PAYMENT CARD NETWORKS, OR SUPPLIERS MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SITES OR OF THE SERVICES (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER EINSTEINCARES, THE PAYMENT CARD NETWORKS, OR SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.

LIMITATION OF LIABILITY

IN NO EVENT WILL EINSTEINCARES, THE PAYMENT CARD NETWORKS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFIT DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING FROM OR IN ANY WAY CONNECTED WITH YOUR USER CONTENT OR YOUR USE OF OR INABILITY TO USE THE SITE OR THE SERVICES, EVEN IF EINSTEINCARES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EINSTEINCARES’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO EINSTEINCARES TO PURCHASE ITEMS IN THE 12 MONTH PERIOD PRECEDING THE EVENT THAT GAVE RISE TO THE LIABILITY.

By using this site you agree that any dispute between you and EinsteinCares will be resolved by binding arbitration under the rules of the American Arbitration Association in the County of Los Angeles in the State of California, and that you have no right to bring any lawsuit or action or claim of any kind in court. You further agree that you will not bring any class action or other representative action in any court, nor will you bring any claim in arbitration as a class action or other representative action. You further agree that you will not consolidate or join any claims that you believe you may have with claims being brought by any other person or entity.

INDEMNIFICATION

You shall defend, indemnify and hold harmless EinsteinCares and its officers, directors, shareholders, employees, the Payment Card Networks, Service Provider (Fidel) and suppliers from and against all claims, suits, proceedings, losses, liabilities, and expenses, whether in tort, contract, or otherwise, that arise out of or relate, including but not limited to attorney’s fees, in whole or in part arising out of or attributable to any breach of this Agreement or any activity by you in relation to the Sites or your use of the Services.

TRADEMARKS

EinsteinCares logos are trademarks of EinsteinCares. All rights reserved. Any trademarks appearing on EinsteinCares are the property of their respective owners.