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).
- 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.
- 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.
- 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.
- 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.
- Eligibility for the Program:
-
You represent that you are a legal
resident of the United States, of at least eighteen (18)
years of age.
-
You may maintain only one (1) Account
under the Program.
-
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.
-
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.
-
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.
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- Member Obligations Under the Program:
-
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.
-
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.
-
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.
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- Determination of Program Rewards:
-
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").
-
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.
-
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.
-
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.
-
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:
- Cookies (including, where
applicable, third party cookies) must be enabled on
your web browser;
- 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;
- You must complete the purchase
during the same Program session immediately following
the initial click-through to the Affiliated Merchant´s
website; and
- The Affiliated Merchant must
record the purchase as originating from the Website.
-
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."
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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.
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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.
-
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.
-
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.
-
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 |
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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.
-
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.
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- Disbursement of Program Rewards:
-
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.
-
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.
-
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.
-
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.
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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.
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- Availability of Online Coupons:
-
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.
-
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.
-
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.
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- Termination/Cancellation:
-
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.
-
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™.
-
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.
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- 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.
- 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.
- 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.
- 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.
- 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™.
- 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.
- 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.
- 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™.
- 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.
- 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.
- 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.
- 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.
- 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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