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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.