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family discount network terms & conditions
Effective
date: April 7, 2005
NOTICE:
TERMS AND CONDITIONS UPDATED, EFFECTIVE OCTOBER 28,
2004.
Welcome
to Family Discount Network™. The standard Family Discount
Network™™ service is brought to you by Member's Edge,
LLC™ (the "Company," "we" or "us") and is provided to
you ("Member") under the terms and conditions of this
Terms of Service agreement ("TOS" or the "Agreement").
This Agreement is inclusive of any operating rules,
policies, price schedules, or other supplemental terms
and conditions or documents expressly incorporated herein
by reference and/or published from time to time. You
can review the most current version of the TOS at any
time at the Family Discount Network™ website located
at: http://www.familydiscountnetwork.com
(the "Website"). By using and/or accessing the Website
and/or the Family Discount Network™ service (the "Service"),
you are agreeing to comply with, and be bound by, the
following TOS. 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
and/or Service in any manner or form, whatsoever.
THE
FAMILY DISCOUNT NETWORK™ SERVICE IS ONLY AVAILABLE TO
LEGAL RESIDENTS OF THE UNITED STATES AND THE DISTRICT
OF COLUMBIA WHO ARE EIGHTEEN (18) YEARS OF AGE OR OLDER.
[RESTRICT CA, NM, TX AND ME IF NO SEPARATE LOA IS USED
FOR THOSE STATES]. FL RESIDENTS ARE NOT ELIGIBLE FOR THE PHARMACY, VISION, CHIROPRACTIC, HEARING, LEGAL, AND OTEHR "PREMIER CHOICE BENEFITS" OFFERS.
QWEST
Disclaimer
END USER BILLING RIGHTS DISCLAIMERS FOR ENHANCED TELECOMMUNICATIONS
SERVICES
DISCLAIMER FOR ALL STATES EXCEPT
MINNESOTA
INTERNET SERVICE PROVIDER ("ISP") CHARGES ARE CONSIDERED
ENHANCED TELECOMMUNICATIONS SERVICES. WHEN YOU ELECT
TO BILL ENHANCED TELECOMMUNICATIONS SERVICES ON YOUR
QWEST TELEPHONE BILL, NEITHER YOUR LOCAL OR LONG DISTANCE
SERVICE CAN BE DISCONNECTED FOR FAILURE TO PAY THESE
CHARGES. ENHANCED TELECOMMUNICATIONS SERVICE PROVIDERS
MAY EMPLOY OTHER AGENCIES TO COLLECT DELINQUENT SERVICE
CHARGES, EVEN IF QWEST HAS PREVIOUSLY ADJUSTED THEM
FROM YOUR TELEPHONE BILL.
DISCLAIMER FOR THE STATE OF MINNESOTA ONLY
INTERNET SERVICE PROVIDER ("ISP") CHARGES ARE CONSIDERED
ENHANCED TELECOMMUNICATIONS SERVICES. YOU HAVE THE RIGHT
TO DISPUTE ENHANCED TELECOMMUNICATION SERVICE CHARGES
BILLED ON YOUR QWEST TELEPHONE BILL. AS A TELEPHONE
SERVICE SUBSCRIBER, YOU ARE NOT LEGALLY RESPONSIBLE
FOR ENHANCED TELECOMMUNICATIONS SERVICE CHARGES INCURRED
BY MINORS OR VULNERABLE ADULTS WITHOUT YOUR CONSENT.
NEITHER A LONG DISTANCE COMPANY NOR QWEST MAY DISCONNECT
YOUR LOCAL TELEPHONE OR LONG DISTANCE SERVICE BECAUSE
YOU REFUSE TO PAY AN ENHANCED TELECOMMUNICATIONS SERVICE
CHARGE. ENHANCED TELECOMMUNICATIONS SERVICE PROVIDERS
MAY EMPLOY OTHER AGENCIES TO COLLECT DELINQUENT
1.
Acceptance of Agreement. This Agreement constitutes
the entire agreement between you and Family Discount
Network™ and supersedes all prior or contemporaneous
agreements, representations, warranties and/or understandings
with respect to the Website and/or Service. Family Discount
Network™ may, from time to time and in its sole discretion,
modify this Agreement. In such a case, Family 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 Family Discount Network™ Service
account ("Account"). The latest Agreement will be posted
on the Website, and you should review the Agreement
prior to using the Website and/or Service. By your continued
use of the Website and/or Service, 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 Service in a manner inconsistent
with this Agreement, Family Discount Network™ may terminate
your access to the Service, block your future access
to the Service and/or seek such additional relief available
to us.
2.
Description of Service. Family Discount Network™
is providing its Members with access to a Member's Edge
Family e-mail Account containing such features as twenty
(20) megabytes of storage, customized filtering, email
forwarding, and SPAM ASSASIN. The Service also includes
certain offers, such as Member discounts on pharmaceutical,
visionary, chiropractic, hearing, and legal costs and/or
expenses (collectively, "Offers"). Unless explicitly
stated otherwise, any future Offers available to Members
that augment or enhance the current Service shall be
subject to this Agreement. In order to access and/or
use certain Offers, you must obtain telephone, Internet
and/or e-mail service and pay any service fees or charges
associated with such services. In addition, you must
supply all equipment necessary to access such services
including, without limitation, a personal computer,
modem, telephone and/or other access device at your
sole cost and expense. You understand and agree that
Family Discount Network™ is not responsible or liable
in any manner whatsoever for your inability to access
and/or use the Service or any associated functionality.
Notwithstanding anything contained herein to the
contrary, you understand and agree that Family Discount
Network™ reserves the right at any time to modify or
discontinue, temporarily or permanently, the Service
(or any part thereof) with or without notice to you.
You further understand and agree that Family Discount
Network™ shall not be liable to you or any third party
for any modification, suspension or discontinuation
of the Service. You acknowledge that Family Discount
Network™ may establish general practices and limits
concerning use of the Service including, without limitation,
the: (a) maximum number of days your Account transaction
information will be retained by the Service; (b) maximum
disk space that will be allotted on our servers for
your Account; (c) maximum number of times (and the maximum
duration for which) you may access and/or use the Service
in a given period of time; and (d) the maximum number
of e-mail messages that may be sent from, or received
by, an Account on the Service. You agree to take no
actions that impose an unreasonable or disproportionately
large load on the resources of Family Discount Network™
(as determined solely by Family Discount Network™ in
light of the load imposed by other Members). You agree
that the unsolicited distribution of commercial e-mail
messages ("Junk Messages") through the Service is prohibited
and Family Discount Network™ may, in its sole discretion,
with or without notice to you, use technology intended
to eliminate delivery of such Junk Messages.
3.
Registration/Account. To obtain an Account and become
a Member, you must first submit your registration to
Family Discount Network™ for approval. Family Discount
Network™ reserves the right, in its sole discretion,
to deny an Account to anyone and for any reason, whatsoever.
In addition, Family Discount Network™ retains the right
to discontinue providing the Service to any Member for
any reason or no reason. If Family Discount Network™
denies you an Account, you are ineligible for any Family
Discount Network™ Offer. 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, date of birth,
financial information, such as your credit card number,
credit card expiration date and billing address, a password
and other 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. To
charge the Service to your telephone bill, you hereby
acknowledge that you are the telephone line subscriber
or that you are otherwise authorized to incur charges
to the telephone number that you supply to us during
your Account Registration. Family Discount Network™
will verify and approve all Accounts in accordance with
its standard verification procedures. If you are approved
for an Account, Family 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 password information (date of birth) (your
"Password"). You must keep this Password strictly confidential.
For security reasons, Family Discount Network™ will
not release this 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 Family 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 Password. Furthermore,
unauthorized use of the Service is a breach of this
Agreement, a violation of applicable law and subject
to your obligations of indemnification as set forth
herein. Although Family Discount Network™ has no obligations
arising therefrom, you agree to immediately notify Family
Discount Network™ of any unauthorized use of your Password
and/or Account. You may use your Account only for so
long as you remain a Member in good standing. You agree
that you continue to be responsible to Family 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 Family 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. Depending on your method of payment selected, all charges billed by Family Discount Network™ will either appear on your monthly local telephone bill or on your monthly credit card statement. However, please be advised that Family Discount Network™, and your local telephone and credit card company are not affiliated. In connection with receiving an Account, there is a one time non-refundable set up fee of $14.95 to program your email box and process your Account. In addition, you will be billed at the rate of $14.95 per month. All charges will appear on the "miscellaneous charges and credits" section of your credit card statement or on your telephone bill on either: (1) the Integretel page of the bill and will appear as "Family Discount Network™", (2) the ILD page of the bill, or (3) the ESBI page of the bill and will appear as "Member's Edge Email", respectively. Your first Family Discount Network™ service bill will be in the amount of $29.90, comprised of the $14.95 set-up fee and the $14.95 regular monthly fee. Thereafter, all monthly bills will be in the amount of $14.95. Family Discount Network™ reserves the right to change its pricing and/or billing practices whenever necessary, in its sole discretion. If Family 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 Service does not constitute a basis for refusing to pay any of the monthly charges. For as long as your Account is open, you will be billed or charged, and you will be expected to pay, all applicable charges.
5.
On-Line Conduct. IIn order to continue to fully
enjoy the privileges of being a Member, you must follow
the guidelines set forth in this TOS. As a Member, you
agree that, among other things, you will not: i) send
unsolicited bulk e-mail or SPAM; ii) cause unsolicited
bulk e-mail to be sent by someone else; iii) begin or
perpetuate chain letters; iv) promote "get rich quick"
schemes; v) attempt to manipulate web search engine
indexers by "spamdexing;" and/or vi) use the Family
Discount Network™ to distribute and/or store illegal
copies of software. You also agree not to use the Service
to spread viruses.
6.
E-mail and Viruses. You are responsible for backing
up and storing e-mail received via the Service. Neither
Company, nor Family Discount Network™, is responsible
for lost e-mail. Certain maintenance and service upgrade
activities involve the deletion of old e-mail residing
on the servers of Family Discount Network™. Family Discount
Network™ is also not responsible for any damage to your
computer or system caused by viruses. You are responsible
for taking proper precautions against viruses, such
as the installation of anti-virus software.
7.
Termination/Cancellation. You agree that Family
Discount Network™, in its sole discretion, may terminate
your Account (or any part thereof) and remove and/or
discard any of your e-mail messages within the Service,
for any reason whatsoever, including, without limitation:
(a) if Family Discount Network™ believes that you are
in breach of the Agreement; (b) if you provide incomplete,
inaccurate or untrue Registration Data to Family Discount
Network™; or (c) if Family Discount Network™ decides
to discontinue offering the Service. You may cancel
your Account at any time. Upon cancellation, you shall
have no further right to use the Service and Family
Discount Network™ will have no obligation to forward
any unsent, unread and/or stored e-mail messages to
you or any third party. You understand and agree that
cancellation of your Account is your sole right and
remedy with respect to any dispute with Family Discount
Network™. Upon any termination and/or cancellation of
the Service and/or your Account, your license to use
the Service as set forth herein shall immediately terminate.
8.
Promotions/Offers. Any and all offers are made available
and are serviced by CBSi, Inc. ("Offer). Family Discount
Network™ will email you your Account activation information,
along with a brochure explaining how to use the benefits
of the Service and its Offers. After activation, you
will receive a fulfillment package by U.S. Mail containing
your membership identification card. Member's Edge,
LLC and Family Discount Network™ are not affiliated
in any manner with CBSi, Inc., and make no representations
or warranties, and assume no liability for any aspect
of the Offers. The following Offers are subject to promotional
availability and may not be available to you when you
register for an Account.
a)
Complimentary Airline Ticket Offer Certificates.As
part of registering for the Family Discount Network™
and its Offers and/or Promotions, Member's may be
entitled to four (4) round trip Complimentary Airline
Ticket Certificates that are made available and serviced
by Executive Tour & Travel, Inc. d/b/a. Fly Free America,
Inc. ("Executive"). There is presently forty-eight
(48) various vacation destinations. These destinations
are subject to change. Family Discount Network™ will
e-mail you your redemption certificates approximately
eight (8) weeks after your registration, along with
a Fly Free America brochure explaining how to utilize
our Offers and Promotion certificates. You shall also
have the option of speaking with a travel representative,
if you so desire. Vacation packages are subject to
the terms of Fly Free America. Company and Family
Discount Network™ are not affiliated in any manner
with Executive Tour and Travel or Fly Free America,
and neither Company nor Family Discount Network™ make
any representations or warranties, and assume no liability
for any aspect of the vacation offer. To qualify for
the ticket promotion, you must book your vacation
through Executive and stay at a participating luxury
hotel, resort or resort condominium at the standard
rates for the minimum number of nights (presently,
4-10). The ticket promotion is limited to two (2)
complimentary round-trip airline tickets per hotel
or resort room booked, unless otherwise indicated.
To qualify, the vacation must be booked in twelve
(12) months, and travel must be completed within fifteen
(15) months of your receipt of your voucher. Transportation
(apart from air travel), food, taxes, duties, levies
and other miscellaneous costs are not included. Reservations
are subject to availability. Booking must be made
forty-five (45) days in advance of travel. This Offer
is subject to certain restrictions, conditions and
blackout periods. To view more detailed terms and
conditions associated with this Offer, click
here.
b)
Free Stereo CD Player. To be eligible for the
Free Stereo CD Player Offer, you must remain a Family
Discount Network™ paying Member in good standing for
nine (9) months. Your personalized redemption instructions
will be sent to the e-mail address that you have provided
in your Registration Data. This offer is valid for
U.S. residents only, and is intended for new Member's
only. Current Member's are not eligible. This Offer
is subject to change and not valid with other Family
Discount Network™ promotions. There is a limit of
one (1) Offer per household and/or phone number. Certain
restrictions apply.
c)
Free MP3 Player Offer. To be eligible for the
Free MP3 Player Offer, you must remain a paying Member
in good standing for nine (9) months. Your personalized
redemption instructions will be sent to the e-mail
address that you have provided. This offer is valid
for US residents only, and is intended for new Member's
Edge Voice Mail customers only. Current Family Discount
Network™ Members are not eligible. This Offer is subject
to change and not valid with other Member's Edge Voicemail
promotions. There is a limit of one (1) Offer per
household, and/or phone number. Certain restrictions
apply.
9.
Completion of Company Questionnaires, Surveys and Registration
Forms. In exchange for the Company providing Services,
you agree to provide us with accurate and complete information
that we may request, from time to time, through questionnaires,
surveys and/or registration forms.
10.
Rescission Period. If you cancel your Account within
seventy-two (72) hours from the date/time displayed
on your activation e-mail ("Rescission Period") by calling
our toll free customer service number at 1-877-448-3232
or via e-mail at support@familydiscountnetwork.com,
the non-refundable, one-time set up fee to your telephone
bill or your credit card and your Account will be cancelled.
If you do not cancel within the Rescission Period, you
will be billed or charged the non-refundable, one-time
set up fee of $14.95 and, thereafter, 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 or your credit card, as applicable.
However, we will not refund any fees or charges previously
paid up to the date of cancellation or termination and
you remain liable for any and all unpaid charges billed
by Family Discount Network™ to your local telephone
bill or your credit card, as applicable. If you cancel
your Account within the Rescission Period, you are ineligible
for any Promotion and/or Offer.
11.
License Grant. As a visitor to the Website and/or
Member of the Service, you are granted a non-exclusive,
non-transferable, revocable and limited license to access
and use the Website (and its associated content) and/or
the Service, respectively, in accordance with this Agreement.
Family Discount Network™ may terminate this license
at any time for any reason, whatsoever. You may use
the Website and/or Service on one computer for your
own personal, non-commercial use. No part of the Website
and/or Service 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 and/or Service, Website
content or any portion thereof. Family 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 and/or Service. You may not take any action
that imposes an unreasonable or disproportionately large
load on the Family 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 to register for an Account. Website
visitors are not authorized to access any content and/or
data available to Members.
12.
Proprietary Rights. The content, organization, graphics,
design, compilation, magnetic translation, digital conversion,
software and other matters related to the Website and/or
Service is 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
and/or Service 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 and/or Service.
The posting of information and/or material at the Website
and/or Service by Family Discount Network™ does not
constitute a waiver of any right in such information
and/or materials.
13.
Privacy Policy. Use of the Website and/or Service
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 Website and/or Service use 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.
14.
Indemnification. You agree to indemnify and hold
Family Discount Network™, its 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
and/or Service; (b) your breach of this Agreement; (c)
your violation of any rights of another Member, individual
and/or entity; and/or (d) your violation of any laws,
rules or regulations prohibiting transmission of unsolicited
e-mail. The provisions of this paragraph are for the
benefit of the Company and its parent, subsidiaries
and/or affiliates, and each of their respective officers,
directors, employees, agents, shareholders, licensors,
suppliers and/or attorneys. Each of these individuals
and entities shall have the right to assert and enforce
these provisions directly against you on its own behalf.
15.
Disclaimer of Warranties. THE WEBSITE AND/OR SERVICE
IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE"
BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED
TO THE FULLEST EXTENT PERMISSIBLE PUSUANT 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). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF,
FAMILY DISCOUNT NETWORK MAKES NO WARRANTY THAT: (A)
THE WEBSITE AND/OR SERVICE WILL MEET YOUR REQUIREMENTS:
(B) THE WEBSITE AND/OR SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR-FREE; AND (C) THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE WEBSITE AND/OR SERVICE
WILL BE ACCURATE OR RELIABLE. THE WEBSITE AND/OR SERVICE
MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING
INTERNET CONNECTION SERVICE, THE E-MAIL SERVICE AND/OR
ANY AND ALL PRODUCTS AND/OR SERVICES PURCHASED ON THE
WEBSITE. FAMILY DISCOUNT NETWORK™ ASSUMES NO RESPONSIBILITY
FOR THE DELETION, OR FAILURE TO STORE, EMAIL MESSAGES,
OR ANY OTHER PERSONALIZATION SETTINGS, AND NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
THE MEMBER FROM FAMILY DISCOUNT NETWORK™, OR THROUGH
OR FROM THE SERVICE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE AGREEMENT.
16.
Limitation of Liability. YOU EXPRESSLY UNDERSTAND
AND AGREE THAT THE COMPANY 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 THE COMPANY
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE
USE OR THE INABILITY TO USE THE SERVICE; (B) THE COST
OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING
FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED
OR OBTAINED, OR MESSAGES RECEIVED, OR TRANSACTIONS ENTERED
INTO, THROUGH OR FROM THE SERVICE; (C) THE UNAUTHORIZED
ACCESS TO, OR ALTERATION OF, THE MEMBER'S TRANSMISSIONS
OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY
ON THE SERVICE, OR (E) ANY OTHER MATTER RELATING TO
THE SERVICE. THIS LIMITATION APPLIES TO ALL CAUSES OF
ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED
TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE,
STRICT LIABILITY, MISREPRESENTATIONS, AND ANY AND ALL
OTHER TORTS. THE FEES FOR THE SERVICE SET BY FAMILY
DISCOUNT NETWORK™ HAVE BEEN, AND WILL CONTINUE TO BE,
BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, THE
MEMBER HEREBY RELEASES FAMILY DISCOUNT NETWORK™, AND
ITS SUPPLIERS, FROM ANY AND ALL OBLIGATIONS, LIABILITIES,
AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREUNDER.
YOUR SOLE REMEDY UNDER THIS AGREEMENT IS THE CANCELLATION
OF YOUR ACCOUNT. IF APPLICABLE LAW DOES NOT PERMIT SUCH
LIMITATION, THE MAXIMUM LIABILITY OF THE COMPANY TO
YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE EQUAL TO
THE AMOUNTS YOU PAID, IF ANY, FOR THE SERVICE IN THE
SINGLE MONTH PRIOR TO THE DATE THAT THE CAUSE OF ACTION
ACCRUED. YOU HEREBY RELEASE THE COMPANY FROM ANY AND
ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF
THE LIMITATIONS SET FORTH IN THIS SECTION. THE NEGATION
OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT
OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY.
THIS WEBSITE AND/OR SERVICE WOULD NOT BE PROVIDED TO
YOU WITHOUT SUCH LIMITATIONS.
17.
Third Party Websites. The Website may provide, and/or
third parties may provide, links to other Internet websites
and/or resources. Because Family Discount Network™ has
no control over such third party websites and/or resources,
you hereby acknowledge and agree that Company and/or
Family Discount Network™ is not responsible for the
availability of such third party websites and/or resources.
Furthermore, Company and/or Family Discount Network™
do not endorse, and are not responsible or liable for,
any terms and conditions, privacy policies, content,
advertising, services, products and/or other materials
at or available from such third party websites or resources,
or for any damages and/or losses arising therefrom.
18.
Injunctive Relief. You agree that any unauthorized
use of the Website and/or Service would result in irreparable
injury to Family Discount Network™ for which money damages
would be inadequate. In such event, Family 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 Family Discount Network™
may have under separate legal, authority.
19.
Legal Warning. Any attempt by any individual, whether
or not a Family Discount Network™ Member, to damage,
destroy, tamper with, vandalize and/or otherwise interfere
with the operation of this Website and/or Service, is
a violation of criminal and civil law and Family 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.
20.
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 its 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 Family Discount
Network™ and governs your use of the Website and/or
Service, superseding any and all prior and/or contemporaneous
agreements between you and Family 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 and/or Service 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 such provision.
The parties do not intend that any agency or partnership
relationship be created through operation of this Agreement.
21.
Customer Service. If you have any questions or want
to cancel your Account, please contact our customer
service department at or via e-mail at support@familydiscountnetwork.com.
Copyright©
2004 Member's Edge, LLC. All Rights Reserved.
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