Terms & Conditions 
Last Updated: August 18, 2006
Welcome to the Email Discount Network™ website located at www.EmailDiscountNetwork.com (the "Website"). The Website and the Email Discount Network™ Email service and cash back rewards program are brought to you by Email Discount Network™ ("Email Discount Network™," "we" or "us"). By using and/or accessing the Website, Email Discount Network™ Email service (the "Service") and/or Email Discount Network™ cash-back program (the "Program"), you are agreeing to comply with, and be bound by, the following terms and conditions (the "Agreement"). Please review the following Agreement carefully. If you do not agree to this Agreement in its entirety, you are not authorized to use this Website, Service and/or Program in any manner or form, whatsoever.

THE EMAIL DISCOUNT NETWORK™ SERVICE AND PROGRAM ARE ONLY AVAILABLE TO LEGAL RESIDENTS OF THE UNITED STATES WHO ARE EIGHTEEN (18) YEARS OF AGE OR OLDER).
  1. Acceptance of Agreement: This Agreement constitutes the entire agreement between you and Email Discount Network™ and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Website, Service and/or Program. Email Discount Network™ may, from time to time and in its sole discretion, modify this Agreement with or without notice to you. In such a case, Email Discount Network™ will post a copy of the amended Agreement on the Website. If you do not fully agree to any amended Agreement, your only remedy is to stop using the Website and/or cancel your Email Discount Network™ Service and Program account ("Account"). The latest Agreement will be posted on the Website, and you should review the Agreement prior to using the Website, Service and/or Program. By your continued use of the Website, Service and/or Program, you hereby agree to all of the terms and conditions contained within the Agreement effective at that time. Therefore, you should regularly check this page for any updates and/or changes. If you utilize the Website, Service and/or Program in any manner inconsistent with this Agreement, Email Discount Network™ may immediately terminate, with or without notice, your access to, and/or block your future access to, the Website, Service and/or Program and/or seek such additional relief available to us.

  2. Description of Service: Email Discount Network™ is providing you with access to: (i) an email account containing such features as twenty (20) megabytes of storage, custom filtering, email forwarding; and (ii) a cash rewards program in which you will be provided with certain cash-back rebates in connection with qualified purchases made through the Website with merchants affiliated with Email Discount Network™. Unless explicitly stated otherwise, any new feature that augments or enhances the current Service or Program shall be subject to the terms and conditions of this Agreement. You understand and agree that the Service and Program are provided "AS-IS", and that Email Discount Network™ assumes no responsibility for the timeliness, deletion, miss-delivery, non-delivery, or failure to store any user communications or personalization settings or for the accuracy, availability, functionality, timeliness or delivery of the Service and/or Program. In addition, you must provide all of the equipment and services necessary to provide the appropriate connectivity for accessing and using the Service and/or Program, including, but not limited to, telephone and Internet service and any and all service fees associated with such services, as well as a computer, modem, telephone and/or other access device(s) at your sole cost and expense. You understand and agree that Email Discount Network™ is not responsible or liable in any manner whatsoever for your inability to access and/or use the Service and/or Program or any associated functionality including, but not limited to, your inability to send or receive e-mail using the Service or accrue cash-back rewards under the Program. Notwithstanding anything contained herein to the contrary, you understand and agree that Email Discount Network™ reserves the right at any time to modify or discontinue, temporarily or permanently, the Service and/or Program (or any part thereof) with or without notice to you. You further understand and agree that Email Discount Network™ shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service and/or Program.

    You acknowledge that Email Discount Network™ may establish general practices and limits concerning use of the Service and/or Program including, without limitation, the: (a) maximum number of days Account transaction information will be retained in an Account; (b) maximum number of transactions that may be made from an Account over a specified period of time; (c) maximum number of email messages that may be sent from or received by an Account; (d) maximum length and/or size of any messages that may be sent from or received by an Account; and (e) maximum disk space that will be allotted on our servers for an Account. You agree not to take or permit any actions that would damage, interfere with or impose an unreasonable or disproportionately large load on the resources of Email Discount Network™ (as determined solely by Email Discount Network™). You agree that the unsolicited distribution of commercial email messages ("Junk Messages") through the Service and/or Program is prohibited and Email Discount Network™ may, in its sole discretion, with or without notice to you, use technology intended to eliminate delivery of such Junk Messages and/or terminate your Account as a result thereof.

  3. MEMBER ACCOUNT, PASSWORD AND SECURITY: To obtain an Account and become a member of the Email Discount Network™ Service and Program ("Member"), you must first submit your registration to Email Discount Network™ for approval. Membership in the Service and/or Program is provided at the sole and exclusive discretion of Email Discount Network™. Email Discount Network™ reserves the right, in its sole discretion, to deny an Account to anyone and for any or no reason whatsoever. In addition, Email Discount Network™ retains the right to discontinue providing the Service and/or Program to any Member for any or no reason whatsoever. The registration data that you must supply to obtain an Account includes, without limitation, your full name, e-mail address, mailing address, telephone number, password and payment-related information for billing purposes (collectively, "Registration Data"). You agree to provide true, accurate, current and complete Registration Data and to update your Registration Data as necessary to maintain it in an up to date and accurate fashion. You do not have to obtain an Account and become a member in order to participate in any sweepstakes that may be offered by Email Discount Network™ on the Website.

    You must have the authority to incur charges to a local telephone bill to obtain an Account. Email Discount Network™ will verify and approve all Accounts in accordance with its standard verification procedures. If you are approved for an Account, Email Discount Network™ will notify you of same via e-mail. This activation e-mail will be sent to the e-mail address that you supplied in your Registration Data, and will contain complete Service operating instructions and customer service contact information. In addition, the activation e-mail will contain your new email address (assigned by Email Discount Network™), temporary User ID and password (collectively, the "Login"). You will have the option to change your User ID after the first time you login. You must keep this Login strictly confidential. For security reasons, Email Discount Network™ will not release a password for any reason, other than to the applicable Member, except as may be specifically required by law or court order. You agree that you will not authorize and/or permit others to use your Account and that Email Discount Network™ shall not be responsible for any unauthorized use of your Account. Please be advised that you are solely responsible for all activities that occur with respect to your Login. Furthermore, unauthorized use of the Website, Service and/or Program is a breach of this Agreement, a violation of applicable law and regulations and subject to your obligations of indemnification as set forth in Section 15 hereinbelow. Although Email Discount Network™ has no obligations arising therefrom, you agree to immediately notify Email Discount Network™ of any unauthorized use of your Login and/or Account. You may use your Account only for so long as you remain a customer in good standing. You agree that you continue to be responsible to Email Discount Network™ for any and all charges resulting from the use of your Account, even after your Account is terminated.

  4. Pricing and Billing of the Service: You agree to be bound by the pricing and billing practices of Email Discount Network™ in effect at any given time. All charges are payable in United States currency and are exclusive of any value added tax, sales tax or other taxes, except as required by law. All charges billed by Email Discount Network™ will appear on your local telephone bill. However, Email Discount Network™ and your local telephone company are not affiliated. In connection with receiving an Account, we will immediately bill to you monthly charges of $14.95. All charges associated with your Account will be billed on your local telephone bill on the ESBI bill page on behalf of "Email Discount Network™". Email Discount Network™ reserves the right to change its pricing and/or billing practices whenever necessary, in its sole discretion, with or without notice to you. If Email Discount Network™ deems the change to be material, we will make reasonable efforts, such as sending you an e-mail or posting at the Website, to notify you of such change. Failure to use the Website, Service and/or Program does not constitute a basis for refusing to pay any of the monthly charges. So long as your Account is open, you will be billed, and you will be responsible for paying, all applicable charges.

  5. Eligibility for the Program:
    1. You represent that you are a legal resident of the United States, of at least eighteen (18) years of age.

    2. You may maintain only one (1) Account under the Program.

    3. The Program is available only through the Website. In order to receive the privileges and benefits of membership in the Program, you must have working Internet access and a valid Program Account. Email Discount Network™ is not responsible for your inability to connect to the Internet, log onto the Website or access the Program or Program Account.

    4. In order to receive the privileges and benefits of membership in the Program, You must be logged into your Program Account and access and transact with Affiliated Merchants (defined below) through the Website. Any transactions not recorded by an Affiliated Merchant as originating from the Website will not be credited to your Account.

    5. Machines, algorithms, scripts or automated processes may not be used to obtain or accumulate benefits under the Program. Email Discount Network™ reserves the right to cancel the Account and/or Program membership of any person that it deems, in its sole discretion, to be engaging in any such prohibited conduct, or in any conduct that may be perceived as fraudulent in any way. Email Discount Network™ reserves the right to pursue any and all remedies at law and in equity associated with such prohibited conduct to the fullest extent available under the law.

  6. Member Obligations Under the Program:
    1. You are responsible for keeping your Registration Data complete, accurate and current. In the event that your Registration Data is not complete, accurate and current at the time of payment of any reward, you forfeit any rewards that you may have accrued to date. Furthermore, Email Discount Network™ is not responsible for any rewards sent to an incorrect address due to incomplete, inaccurate or outdated information provided by you. Email Discount Network™ reserves the right to terminate any Account and/or membership in the Program if the Member cannot be reached at the e mail address provided.

    2. You are responsible for keeping your e mail address, password, account number and other Account information confidential. Email Discount Network™ is entitled to act on any and all instructions received under your password as a Member and in connection with your Account. Email Discount Network™ is not responsible for any credits or debits posted to your Account by any third party that may have accessed your Account, or for any losses or liabilities incurred through third party use of your password and/or Account.

    3. You are responsible for reviewing your Account balance and activity on a regular basis and for checking to ensure that all credits and debits have been made properly. All questions or disputes regarding the Program, including, without limitation, questions or disputes regarding eligibility for the Program, eligibility of rewards for accrual or redemption, or the proper crediting or debiting of rewards in your Account, must be submitted in writing no earlier than thirty (30) days and no later than sixty (60) days after the applicable qualifying transaction to Email Discount Network™ by using the Support email or by mailing to: Customer Service, Email Discount Network™, 701 North Green Valley Parkway, Suite # 200, Henderson, NV 89074. We may require that you send us a copy of the electronic purchase receipt along with your inquiry so that we may investigate any discrepancy. All interpretations of the terms of this Agreement shall be at Email Discount Network´s™ sole and exclusive discretion. Email Discount Network™, in its sole discretion, shall have final authority in determining the resolution of any and all disputes. In the event that an error is made by Email Discount Network™, your sole remedy shall be the credit of the disputed reward to your Program Account.

  7. Determination of Program Rewards:
    1. As a Member, you will be credited, subject to the terms and conditions of this Agreement, with a cash-back reward in an amount equal to a certain percentage of a Qualified Purchase (defined below) made by you at one of the online merchants affiliated with Email Discount Network™ ("Affiliated Merchant").

    2. The applicable percentage reward with respect to each Affiliated Merchant will be the percentage posted on the Website at the time of the Qualified Purchase. The percentage reward may be changed by Email Discount Network™ or the Affiliated Merchant from time to time with or without notice.

    3. The reward amount will be calculated based upon the net purchase amount of the Qualified Purchase, which is defined as the total amount paid to the Affiliated Merchant (exclusive of any tax, gift wrapping, shipping, handling, promotional credits, returns, cancellations and transaction fees), or as the Affiliated Merchant defines on its respective website, whichever is less. All Affiliate Agreements as they relate to their applicable affiliate programs with Email Discount Network™ and which reside on the Affiliated Merchant´s websites are hereby incorporated into this Agreement by reference.

    4. For example, if a specific Affiliated Merchant specifies a percentage reward of 1% and you have made a net purchase of $100.00 worth of goods at that merchant through a Program link, then you would be entitled to earn a reward of $1.00 in your Account.

    5. A purchase made by you through an Affiliated Merchant will be deemed a "Qualified Purchase" and will be eligible to earn a reward only if it satisfies all of the following conditions:
      1. Cookies (including, where applicable, third party cookies) must be enabled on your web browser;

      2. You must have initiated the purchase by clicking on the Affiliated Merchant´s link that appears on the Website and have successfully connected to the Affiliated Merchant's website as a result of that click;

      3. You must complete the purchase during the same Program session immediately following the initial click-through to the Affiliated Merchant´s website; and

      4. The Affiliated Merchant must record the purchase as originating from the Website.

    6. In order to ensure that your purchase is tracked correctly, Email Discount Network™ may, at any time, route your request for a merchant website through specific links. Any alteration of these links will invalidate your purchase from being deemed a "Qualified Purchase."

    7. The determination of whether or not a purchase made through an Affiliated Merchant is a "Qualified Purchase" is at the sole and exclusive discretion of Email Discount Network™. Email Discount Network™ is not responsible for tracking problems resulting from incorrect usage of the Program and/or Website, disabled cookies, computer issues resulting from third party software or unknown causes, merchant errors or omissions or any other failure of tracking mechanisms.

    8. Some purchases are not eligible for accrual or payment of rewards. Examples of ineligible purchases include, but are not limited to: prescriptions; transactions substantially completed by telephone; purchases that are picked up at a warehouse or store location; monthly deliveries that are not paid in advance through the Program; and gift certificates, unless otherwise specified by Email Discount Network™ or the applicable Affiliated Merchant.

    9. All Accounts are subject to review by Email Discount Network™. Necessary adjustments, including, without limitation, adjustments for returns, cancellations and any other events, may be applied to your Account at any time with or without notice by Email Discount Network™ at its sole discretion. If you do not agree with an Account adjustment, your sole recourse will be to terminate your membership in the Program.

    10. Depending on the tax laws of your jurisdiction, you may be taxed on your accrual of rewards under the Program. You will be solely responsible for any and all tax liability incurred in connection with your participation in and your accrual and/or redemption of rewards under the Program.

    11. When do I get my Cash Back Bank Check? Every three (3) months Email Discount Network™ will send a cash-back bank check made payable to you and mailed to the mailing address provided to Email Discount Network™ at the time of your Program registration for only those purchases posted during the previous quarter ("Purchase Posted Period") as set forth hereinbelow. Your cash-back bank check will be mailed in accordance with the disbursement date set forth hereinbelow ("Disbursement Date"). In order to receive your cash-back bank check, you are obligated to accumulate a minimum of Twenty Dollars ($20.00) in your Account throughout any applicable Purchase Posted Period. If you have earned less than Twenty Dollars ($20.00) in your Account during any Purchase Posted Period, Email Discount Network™ will not provide you with your cash-bank check until the following cash-back bank check Disbursement Date for the next applicable Purchase Posted Period. Since we are sending you your cash-back bank check through the mail, please ensure that your address and name information is accurate. If you need to edit your Account information, please click here.

      Purchase Posted Period: Disbursement Date:
      January 1st - March 31st May 15th
      April 1st - June 30th August 15th
      July 1st - September 30th November 15th
      October 1st - December 31st February 15th

    12. All cash-back amounts shown in your Account are approximate figures, are subject to certain adjustments, as provided hereinbelow, and may not accurately reflect the actual amounts due and owing to you. Not all cash-back rewards for each Qualified Purchase will be credited to your Account in real-time, as delays commonly occur while Affiliated Merchants process, confirm and finalize the underlying transactions that give rise to the cash-back reward. Similarly, details regarding Qualified Purchases and the associated cash-back rewards are not available on the My Account page for all Affiliated Merchants on a real-time basis and, as such, there may be reporting delays on some Qualified Purchases and associated cash-back rewards.

    13. An Affiliated Merchant may request that Email Discount Network™, or Email Discount Network™ may on its own initiative, debit your Account with an amount equal to a cash-back reward previously credited to your Account where: (i) a return or cancellation has been made with respect to an applicable Qualified Purchase; (ii) there is an instance of a duplicate, fraudulent or incomplete entry or other similar error with respect to a Qualified Purchase; (iii) there are Qualified Purchases that do not comply fully with the terms of this Agreement, including where the applicable non-complying Qualified Purchases is not the result of your action, omission and/or failure to comply with the terms and conditions of this Agreement; (iv) there is non-receipt of payment from, or refund of payment to, the customer that entered into the subject Qualified Purchase; or (v) there is any failure on your part to comply with the terms and conditions of this Agreement and/or the applicable Affiliated Merchant´s specifications (collectively referred to as a "Chargeback"). Chargebacks requested by a Merchant in accordance with this Section 7(m) may be applied up to forty-five (45) days after the applicable cash-back reward was earned ("Chargeback Period"). An Affiliated Merchant may request that the payment of a cash-back reward be postponed for one (1) Purchase Posted Period where the Affiliated Merchant has a product return policy that allows the customer to return the product during the Chargeback Period or beyond. The number and/or amount of Qualified Purchases, cash-back rewards and debits for Chargebacks, as calculated by Email Discount Network™, shall be final and binding on you.

  8. Disbursement of Program Rewards:
    1. Accrued rewards will be disbursed to Members on a quarterly basis, on or about the first day of February, May, August and November. In order for accrued rewards to be eligible for payment on the above dates, the applicable Qualified Purchase(s) must occur at least forty-five (45) days prior to the payment date. Rewards accrued for Qualified Purchases that occur less than 45 days prior to the payment date will be disbursed on the following scheduled payment date.

    2. Email Discount Network™ is not responsible for lost mail or any other event beyond its control that would result in your not receiving a reward disbursement check.

    3. In the event that an Affiliated Merchant withholds any portion of the fees payable to Email Discount Network™ in connection with a Qualified Purchase by you, Email Discount Network™ reserves the right to withhold an equivalent amount from the reward credited to your account for such purchase.

    4. Rewards accrued, earned or granted under the Program may not be assigned or transferred to any third party except as is expressly permitted in writing by Email Discount Network™. The assignment, sale, barter, transfer, lending, exchange or pooling of any rewards, other than by Email Discount Network™, is expressly prohibited. Accrued rewards do not constitute property and are not transferable upon death, in connection with a domestic relations matter, or otherwise by operation of law. Any rewards assigned, sold or otherwise transferred in violation of this Agreement may be confiscated or cancelled. Any violator of the foregoing restrictions is subject to account termination, deduction and/or cancellation of rewards, and/or liability for damages, litigation and/or transaction costs.

    5. Email Discount Network™ is not responsible for the products or services offered by Affiliated Merchants. Email Discount Network™ does not warrant, guarantee or make any representations regarding the quality of, or accuracy of advertisements for, any merchandise, products or services offered or provided by Affiliated Merchants or suppliers in conjunction with the Program. Email Discount Network™ is not responsible for changes to or discontinuance of any Affiliated Merchant's participation in the Program, any Affiliated Merchant withdrawal from the Program, or any effect on accrual of rewards caused by such changes, discontinuance or withdrawal. Email Discount Network™ is not responsible for changes to or discontinuance of any special offer or coupon at an Affiliated Merchant website. It is your responsibility to verify that all specials or coupons are valid. If you use specials or coupons that are not listed on the Website, you may not be eligible to receive Program rewards on your purchases.

  9. Availability of Online Coupons:
    1. Email Discount Network™ may also make available special coupon codes or promotional offers to Members. Email Discount Network™ is not responsible for the redemption or expiration of such coupons and offers, or any errors or omissions in connection therewith. You are responsible for ensuring that any required discount, special pricing, or promotional offer code is present in the checkout process of an Affiliated Merchant. Email Discount Network™ is not responsible for compensating a Member that fails to enter any such code or is unaware that he/she must enter a coupon code during the checkout process in order to obtain an additional discount before making a purchase.

    2. Coupon codes and special offers obtained outside of the Website may nullify a reward for a particular merchant. Email Discount Network™ reserves the right to cancel any reward because of coupon codes or special offers that are obtained from third party sources other than the Website.

    3. All coupon codes and special offers on the Website are subject to change or cancellation at any time, with or without notice. Email Discount Network™ has no control over the validity or legality of any coupons or other offers made by Affiliated Merchants, the ability of Affiliated Merchants to complete the sales in accordance with the coupons or offers, or the quality, merchantability or fitness for a particular purpose of the goods offered by Affiliated Merchants. In the event that you have a dispute with an Affiliated Merchant in any way relating to the Program or the use of information relating to an Affiliated Merchant contained on the Website, you agree to waive and release Email Discount Network™ from any and all claims, demands, actions, liabilities, damages, losses, costs and expenses, known and unknown, disclosed and undisclosed, relating to such dispute.

  10. Termination/Cancellation:
    1. You agree that Email Discount Network™, in its sole discretion, may terminate your Account, your membership in the Service and/or your membership in the Program (or any part thereof) and remove and/or discard any of your email messages within the Service, at any time, with or without notice, for any reason whatsoever, including, without limitation: (a) if Email Discount Network™ believes that you are in breach of the Agreement; (b) if you provide incomplete, inaccurate or untrue Registration Data to Email Discount Network™; (c) if your Account has been inactive for more than twelve (12) months; or (d) if Email Discount Network™ decides to discontinue offering the Service or Program.

    2. In the event that Email Discount Network™ decides to discontinue the Program, you will be given notice and sixty (60) days from the date of notice to redeem any rewards in your Account. Notification of Program termination will be sent to the e mail address associated with your Account. Email Discount Network™ will not be responsible for failure to notify you of Program termination where such failure is caused by an error in your e mail program, an inaccurate e mail address, your failure to check your e mail or any other reason beyond the control of Email Discount Network™.

    3. You may cancel your Account at any time. Upon cancellation, you shall have no further right to use the Service or Program, Email Discount Network™ will have no obligation to forward any unsent, unread and/or stored email messages to you or any third party, and all rewards in your Account, however and whenever accumulated, will be forfeited. You may, however, continue to participate in any sweepstakes that may be offered by Email Discount Network™ on the Website. You understand and agree that cancellation of your Account is your sole right and remedy with respect to any dispute with Email Discount Network™. Upon any termination and/or cancellation of the Service and/or your Account, your license grant as set forth herein shall immediately terminate.

  11. Rescission Period: If you cancel your Account within seventy-two (72) hours from the date/time displayed on your welcome e-mail ("Rescission Period") by calling our toll free customer service number at (800) 730-8199 or canceling at the Website by going to http://www.emaildiscountnetwork.com/cancel.cfm, we will not charge you the monthly fee to your telephone bill and your Account will be canceled (Rescission Period for Sprint customers is seven (7) days). If you do not cancel within the Rescission Period, you will be billed the monthly fee of $14.95, until such time that you cancel, or we terminate, your Account. After the Rescission Period, you may cancel your Account at any time and not incur any future charges to your telephone bill. However, we will not refund any fees previously paid up to the date of cancellation or termination and you remain liable for any and all unpaid charges billed by Email Discount Network™ to your local telephone bill.

  12. License Grant: As a visitor to the Website and/or Member of the Service and Program, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Website (and its associated content), the Service and/or the Program, respectively, in accordance with this Agreement. Email Discount Network™ may terminate this license at any time for any reason, whatsoever. You may use the Website, Service and/or Program on one computer for your own personal, non-commercial use. No part of the Website, Service and/or Program may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Website, Service, Program, any respective content or any portion thereof. Email Discount Network™ reserves any rights not explicitly granted in this Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website, Service and/or Program. You may not take any action that imposes an unreasonable or disproportionately large load on the Email Discount Network™ infrastructure. As a Website visitor, your license is provided solely for access to the Website in order to obtain information about the Service and/or Program and to register for an Account. Website visitors are not authorized to access any content and/or data available to Members.

  13. Proprietary Rights: The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software and other matters related to the Website, Service and/or Program are protected under applicable copyrights, trademarks and other proprietary (including, without limitation, intellectual property) rights. The copying, redistribution and/or publication by you of any part of the Website, Service and/or Program is strictly prohibited. You do not acquire ownership rights to any content, document, software, services and/or other materials downloaded, previewed and/or viewed at or through the Website, Service and/or Program. The posting of information and/or material at the Website, Service and/or Program by Email Discount Network™ does not constitute a waiver of any right in such information and/or materials.

  14. Privacy Policy: Use of the Website, Service and/or Program is subject to our Privacy Policy, which is hereby incorporated into, and made part of, this Agreement. We reserve the right, and you authorize us, to use and assign all information regarding your use of the Website, Service and/or Program and any and all other personal information provided by you in any manner consistent with our Privacy Policy. To view our Privacy Policy, click here.

  15. Sweepstakes: From time-to-time, Email Discount Network™ may sponsor sweepstakes on the Website. Any sweepstakes that may be offered by Email Discount Network™ on the Website will be governed by that particular sweepstakes' Official Contest Rules. You do not have to sign-up to be an Email Discount Network™ member in order to participate in any sweepstakes sponsored by Email Discount Network™. Cancellation of your Email Discount Network™ membership will not affect your ability to participate in any sweepstakes sponsored by Email Discount Network™.

  16. Indemnification: You agree to indemnify and hold Email Discount Network™, its members, parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from any and all claims, expenses (including reasonable attorneys' fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Website, Service and/or Program; (b) your breach of this Agreement; (c) your violation of any rights including, but not limited to, intellectual property rights, of another Member, individual and/or entity; (d) your violation of the CAN-SPAM Act of 2003, as well as any state and/or federal laws, rules or regulations prohibiting transmission of unsolicited email; and/or (e) any deceptive, threatening, libelous, obscene, harassing or offensive material contained in any of your email communications.

  17. Disclaimer: THE WEBSITE, SERVICE AND PROGRAM ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, EMAIL DISCOUNT NETWORK™ MAKES NO WARRANTY THAT: (A) THE WEBSITE, SERVICE AND/OR PROGRAM WILL MEET YOUR REQUIREMENTS: (B) THE WEBSITE, SERVICE AND/OR PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, SERVICE AND/OR PROGRAM WILL BE ACCURATE OR RELIABLE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE, SERVICE AND/OR PROGRAM IS DONE AT YOUR OWN DISCRETION AND RISK AND 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. EMAIL DISCOUNT NETWORK™ ASSUMES NO RESPONSIBILITY FOR THE DELETION OF, OR FAILURE TO STORE, EMAIL MESSAGES AND ANY OTHER PERSONALIZATION SETTINGS IN RELATION TO THE WEBSITE, SERVICE AND/OR PROGRAM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EMAIL DISCOUNT NETWORK™, OR THROUGH OR FROM THE WEBSITE, SERVICE AND/OR PROGRAM, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. THE WEBSITE, SERVICE AND/OR PROGRAM MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. EMAIL DISCOUNT NETWORK™ WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING TELECOMMUNICATIONS SERVICE, THE PROGRAM AND/OR THE EMAIL SERVICE.

  18. Limitation of Liability: YOU EXPRESSLY UNDERSTAND AND AGREE THAT EMAIL DISCOUNT NETWORK™ SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EMAIL DISCOUNT NETWORK™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. YOUR SOLE REMEDY UNDER THIS AGREEMENT IS THE CANCELLATION OF YOUR ACCOUNT. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF EMAIL DISCOUNT NETWORK™ TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE EQUAL TO THE AMOUNTS YOU PAID, IF ANY, FOR THE SERVICE AND PROGRAM IN THE SINGLE MONTH PRIOR TO THE DATE THAT THE CAUSE OF ACTION ACCRUED. YOU HEREBY RELEASE EMAIL DISCOUNT NETWORK™ FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS SECTION 18. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND EMAIL DISCOUNT NETWORK™. THIS WEBSITE, SERVICE AND/OR PROGRAM WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT NO OTHER COMPANY WITH WHICH EMAIL DISCOUNT NETWORK™ HAS AN AFFILIATE OR PARTNERING RELATIONSHIP, INCLUDING, BUT NOT LIMITED TO, CO-BRANDING, CO-MARKETING, JOINT DEVELOPMENT, MERCHANT RELATIONSHIP, OR SUPPLIER RELATIONSHIP (EACH AN "EDN AFFILIATE"), SHALL BE LIABLE TO YOU FOR NON-PERFORMANCE OF EMAIL DISCOUNT NETWORK'S™ OBLIGATIONS HEREUNDER. YOU AGREE NOT TO SUE ANY EDN AFFILIATE FOR NON-PERFORMANCE BY EMAIL DISCOUNT NETWORK™.

  19. Third Party Websites: The Website may provide, and/or third parties may provide, links to other Internet websites and/or resources. Because Email Discount Network™ has no control over such third party websites and/or resources, you hereby acknowledge and agree that Email Discount Network™ is not responsible for the availability of such third party websites and/or resources. Furthermore, Email Discount Network™ does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom.

  20. Injunctive Relief: You agree that any unauthorized use of the Website, Service and/or Program would result in irreparable injury to Email Discount Network™ for which money damages would be inadequate. In such event, Email Discount Network™ shall have the right, in addition to other remedies available to it pursuant to this Agreement, to immediate injunctive relief against you and/or any unauthorized user. Nothing contained in this Agreement shall be construed to limit remedies available pursuant to statutory or other claims that Email Discount Network™ may have under separate legal authority.

  21. Legal Warning: Any attempt by any individual, whether or not an Email Discount Network™ Member, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of this Website, Service and/or Program, is a violation of criminal and civil law, and Email Discount Network™ will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.

  22. Miscellaneous: This Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the terms and conditions of this Agreement, or the breach of same by either party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York City, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. This Agreement is personal between you and Email Discount Network™ and governs your use of the Website, Service and/or Program, superseding any and all prior and/or contemporaneous agreements between you and Email Discount Network™. This Agreement is not transferable and any attempt by you to rent, lease, sublicense, assign or transfer any of the rights, duties and/or obligations hereunder is void at its inception. To the extent that anything in or associated with the Website, Service and/or Program is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce any such provision. The parties do not intend that any agency or partnership relationship be created through operation of this Agreement.

  23. Customer Service: If you have any questions or want to cancel your Account, please contact our customer service department toll-free at (800) 730-8199.
AUTHORIZATION

BY OBTAINING, OR ATTEMPTING TO OBTAIN, AN EMAIL DISCOUNT NETWORK™ ACCOUNT, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE AND ARE AUTHORIZED TO INCUR CHARGES ON THE TELEPHONE ACCOUNT SUPPLIED AS A PART OF YOUR APPLICATION TO ACCESS THE SERVICE AND/OR PROGRAM.
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