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Email Discounts™ Terms and Conditions

Last Updated: January 6, 2009

Welcome to the Email Discounts™ website located at www.emaildiscounts.com (the "Website"). The Website and the Email Discount Email service (the “Service”) and discount coupon /cash-back rewards program (“Program”) are brought to you by Email Discounts ("Email Discounts," "we" or "us"). By using and/or accessing the Website, Service and/or 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 or the Service and/or Program.

1. REGISTRATION
   1. 1.1Sign Up: To become a subscriber (“Subscriber”) and use the Service and Program (collectively, “Service”), you must first submit your registration to us for our approval. To become a Subscriber, you must have the authority to incur charges on a local telephone bill and be a legal U.S. resident at least 18 years of age. When you sign up, we’ll collect your full name, email address, mailing address and local telephone number and payment-related information for billing purposes (collectively, "Sign-Up Data") and then we’ll send you a welcome email to the email address you supplied. You agree to provide true, accurate, current and complete Sign-Up Data and to update your Sign-Up Data so it is accurate. We will verify your Sign-Up Data in accordance with our verification procedures; we have the right in our discretion to deny you Service or discontinue your Service. We obtain our authorization to provide and bill for the Service by your electronic signature. Once you click the submit button on the registration page, this electronic order constitutes an electronic letter of agency authorized by your electronic signature in accordance with these terms and conditions. We are relying on your electronic signature on the registration page pursuant to the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Commerce Act. Both of these laws specifically preempt state laws that recognize only paper records or handwritten signatures.
   2. 1.2Account, Password and Security: After we verify your Sign-Up Data and approve you as a Subscriber, we’ll send you an activation email which will contain your new email address (assigned by us), temporary User ID and password (collectively, the "Login") and complete Service operating instructions and customer service contact information. You will have the option to change your User ID and password after the first time you login. You must keep this Login strictly confidential. For security reasons, we will not release a password for any reason, other than to the Subscriber, 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 Service and you will be solely responsible for all activities that occur with your Login. Furthermore, unauthorized use of the Website, Service or Program is a breach of this Agreement and may be a violation of applicable law and regulations and may subject you to your indemnification obligations set forth in Section 5.7. You agree to immediately notify us of any unauthorized use of your Login and/or email account.
   3. 1.3Pricing and Billing of the Service: You agree to be bound by our pricing and billing practices in effect at any given time. We will bill you monthly charges of $14.95 on your local telephone bill on the ESBI bill page on behalf of "Email Discounts”. We may change our pricing and/or billing practices without notifying you, if we deem the change immaterial. If we deem the change to be material, we will make reasonable efforts, such as sending you an email or posting at the Website, to notify you of the change. While you are a Subscriber, you will be billed and will be responsible for paying, all applicable charges. Failure to use your Service does not constitute a basis for refusing to pay any of the monthly charges.
2. EMAIL SERVICE
   1. 2.1Description of Service: The Service is a personal email account with 20 megabytes of storage which is accessible online and which can configured to automatically forward emails to another email account. We may add other features from time to time. You must provide all of the equipment and connectivity for accessing and using the Service. We reserve the right to modify the Service and will notify you if we materially reduce the storage capacity for messages or features of the Service. We may limit the : (a) maximum number of email messages that may be sent from or received by an email account; (b) maximum length and/or size of any messages that may be sent from or received by an Account; and (c) maximum disk space that will be allotted on our servers for an email account. You agree not to do anything that would damage, interfere with or impose an unreasonable or disproportionately large load on our resources. We prohibit the unsolicited distribution of commercial email messages ("Junk Messages") through the Service and/or Program and we may, in our sole discretion, use technology to eliminate delivery of Junk Messages and/or terminate your email account and your Service as a result thereof.
3. DISCOUNT COUPONS AND CASH-BACK REWARDS PROGRAM
   1. 3.1Program Description: The Program offers cash-back rewards and discount coupons on merchandise from selected merchants that are described in newsletters that we email to you. You can also access the offers by logging onto our Website. The newsletter will be emailed to you weekly unless you change your preferences by logging onto the Website in My Account where you can change how often we send the newsletter and personalize your newsletter by telling us what deals you want to see. The amount of a discount coupon and any cash-back reward (usually a percentage of the purchase price exclusive of sales tax, shipping and handling charges, gift wrapping and service fees; the cash-back reward may be capped) is specified in the newsletter and/or on the merchant’s website. To utilize a discount coupon and claim a cash-back reward (if provided) you must access the merchant’s website from the link in the newsletter or from our Website and make the purchase in the same web session. If you access the merchant’s site in any way, you may not be entitled to use the discount coupon or claim a cash-back reward.We may, from time to time, supplement the cash-back rewards program with an additional incentive program that rewards subscribers who check out the discount offers. In a month when we elect to use this additional incentive program, the maximum additional incentive reward will be limited to a predetermined amount per subscriber per month. We reserve the right to adjust the monthly maximum or otherwise change the additional incentive program at any time including discontinuing it altogether.
   2. 3.2Disbursement of Program Rewards: We will maintain an account of the cash-back rewards you’re entitled to (“Account”). Within 45 days after the end of a calendar quarter, we will mail you a rewards check to the mailing address you provided for those purchases posted during that calendar quarter. We won’t mail you a rewards check unless you’re entitled to at least $20.00 for the calendar quarter. If you are entitled to less than $20.00, we will mail your rewards check after the next calendar quarter when you are entitled to at least $20.00. Since we are sending your rewards check through the mail, please ensure that your name and mailing address is accurate. If you need to edit your Sign-Up Data, please click here (http://www.emaildiscounts.com/myAccountIndex.cfm).
   3. 3.3Additional Program Provisions.
      1. You can check your Account balance by logging in to “My Account” on the Website. All cash-back amounts shown on the My Account page are subject to certain adjustments, as provided below and may not be accurate because some merchants do not report purchases and cash-back rewards on a real-time basis.
      2. Your Account balance may be debited in an amount equal to a cash-back reward previously credited to your Account where: (i) you made a return or a cancellation with respect to a purchase; (ii) there is an instance of a duplicate, fraudulent or incomplete entry or other similar error with respect to a purchase; (iii) there are purchases that do not comply fully with the terms of this Agreement; (iv) there is non-receipt of payment from, or refund of payment to, the customer that entered into the subject purchase; or (v) there is any failure on your part to comply with the terms and conditions of this Agreement and/or the applicable merchant’s specifications (collectively referred to as a "Chargeback"). Chargebacks requested by a merchant in accordance with this Section 3.3 may be applied up to 45 days after the applicable cash-back reward was earned ("Chargeback Period"). In addition, a merchant may request that we postpone the payment of a cash-back reward for one quarterly period where the merchant has a product return policy that allows the customer to return the product during the Chargeback Period or beyond. Our determination of the number and/or amount of Qualified Purchases, cash-back rewards and debits for Chargebacks, shall be final and binding on you.
      3. You must submit in writing all questions or disputes regarding the Program including eligibility of rewards for accrual or redemption, or the proper crediting or debiting of rewards in your Account within 60 days of the applicable transaction to Email Discounts by using the Support email or by mailing to: Customer Service, Email Discounts, 701 North Green Valley Parkway, Suite # 200, Henderson, NV 89074. If you don’t agree with our determination on an Account adjustment, your sole recourse is to terminate your Service.
      4. You may not assign or transfer any rewards under the Program. 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. We may cancel any rewards assigned, sold or otherwise transferred and may cancel your service if you violate the foregoing restrictions.
      5. Machines, algorithms, scripts or automated processes may not be used to obtain or accumulate benefits under the Program. We reserve the right to cancel the Account and/or Program Service of any person that we deem to be engaging in any prohibited conduct, or in any conduct that may be perceived as fraudulent in any way.
      6. We are not responsible for (i) the products or services offered by merchants or any damages or losses arising therefrom, (ii) any terms and conditions, privacy policies, content, advertising or other materials at or available on third party websites, or (iii) changes to or discontinuance of any merchant's participation in the Program, or any affect on the accrual of rewards caused by such changes, discontinuance or withdrawal.
4. TERMINATION/CANCELLATION; CUSTOMER SERVICE:
   1. 4.1Rescission Period; Cancellation Right: You can cancel your Service at any time. If you cancel your Service within 72 hours from the date/time displayed on your welcome email ("Rescission Period") by calling our toll free customer service number at 1-800-410-5781 or canceling at the Website by going to http://www.emaildiscounts.com/cancel.cfm, we will not charge you the monthly fee to your telephone bill and your Service will be canceled. (The 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 Service. After you cancel, 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 we bills to your local telephone bill.
   2. 4.2Termination Right. We may decide in our discretion to terminate your Service, your use of the of the Service and/or your use of 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: (a) if we believes that you are in breach of the Agreement; (b) if you provide us with incomplete, inaccurate or untrue Sign-Up Data; or (c) if we decide to discontinue offering the Service or Program. If we decide to discontinue the Program or the Service, we will send an email to the email address associated with your Service and mail you a check to the mailing address associated with your Service within 60 days for any cash back rewards you are entitled provided the amount is over $1.00. We will not be responsible for failure to notify you of Program termination where such failure is caused by an error in your email program, an inaccurate email or mailing address, your failure to check your email or any other reason beyond our control.
   3. 4.3Effect of Cancellation or Termination. Upon cancellation or termination of your Service, you shall have no further right to use the Service or Program, and we 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 we offer on the Website. You understand and agree that cancellation of your Service is your sole right and remedy with respect to any dispute with us. Upon any termination and/or cancellation of your Service, the license granted in Section 5.1 below shall immediately terminate.
   4. 4.4Customer Service: Customer service is available 24 hours, 7 days a week at our customer service department toll-free at 1-800-410-5781. You can submit a written request at http://www.emaildiscounts.com/support.cfm.
5. GENERAL PROVISIONS
   1. 5.1License Grant: As a visitor to the Website, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Website (and its associated content), and as a Subscriber, the Service and the Program in accordance with this Agreement. We may terminate this license at any time for any reason, whatsoever. You may use the Website, Service and/or Program 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. We reserve 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 our 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 a subscription. Website visitors are not authorized to access any content and/or data available to Subscribers.
   2. 5.2Proprietary 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. Our posting of information and/or material at the Website, Service and/or Program does not constitute a waiver of any right in such information and/or materials.
   3. 5.3Privacy Policy: Use of the Website, Service and/or Program is subject to our Privacy Policy, which is 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.
   4. 5.4Sweepstakes: From time-to-time, we may sponsor sweepstakes on the Website. Any sweepstakes that we may offer on the Website will be governed by that particular sweepstakes' Official Contest Rules. You do not have to be a Subscriber to participate in any sweepstakes that we sponsor and cancellation of your Service will not affect your ability to participate in any sweepstakes we sponsor.
   5. 5.5Indemnification: You agree to indemnify and hold us, our 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.
   6. 5.6Disclaimer: 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, WE MAKE 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. WE ASSUME 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 US, 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. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING TELECOMMUNICATIONS SERVICE, THE PROGRAM AND/OR THE EMAIL SERVICE.
   7. 5.7Limitation of Liability: YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE 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 WE HAVE 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, OUR MAXIMUM LIABILITY 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 US FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS SECTION 5.7. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. 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 WE HAVE AN AFFILIATE OR PARTNERING RELATIONSHIP, INCLUDING, BUT NOT LIMITED TO, CO-BRANDING, CO-MARKETING, JOINT DEVELOPMENT, MERCHANT RELATIONSHIP, OR SUPPLIER RELATIONSHIP (EACH AN "EMAIL DISCOUNTS AFFILIATE"), SHALL BE LIABLE TO YOU FOR NON-PERFORMANCE OF OUR OBLIGATIONS HEREUNDER. YOU AGREE NOT TO SUE ANY EMAIL DISCOUNTS AFFILIATE FOR OUR NON-PERFORMANCE.