Edeems, Inc. Terms of Service

ACCEPTANCE OF TERMS OF SERVICE

AGREEMENT BETWEEN USER AND Edeems, Inc. This Web site, http://www.edeems.com, http://deem.it, or http://honr.it (referred to as "Site" or "Sites") is offered to you by Edeems, Inc., (referred to as the "Company", "Edeems", "Edeems.com", "We", "Us") on the condition that you accept the terms, conditions, and notices (referred to as "Terms of Service", or "TOS") contained on this page and on other pages of this Site. As used in this Agreement, "you" or "your" refers the participating member or Site User. YOU AGREE TO READ THE TOS CAREFULLY BEFORE USING THE EDEEMS SITE. BY USING THE SITE, YOU AGREE TO BE BOUND BY THE TOS AND TO FOLLOW THE TOS AND ALL APPLICABLE LAWS AND REGULATIONS GOVERNING THE SITE. YOU MAY NOT ACCESS OR USE THIS SITE UNLESS YOU AGREE TO THE TERMS OF SERVICE OF THE SITE. The Company provides its service to you, subject to the following TOS, and reserves the right to change the TOS under which this Web site is offered at any time in its sole discretion without prior notice to you the USER. You can review the most current version of the TOS at any time at: http://www.edeems.com/helpcenter/terms-of-service~1.aspx

GENERAL TERMS APPLICABLE TO THE EDEEMS PROGRAM

Edeems utilizes commission-based affiliate marketing from merchant partners ("Affiliate Merchants"). As a User of Edeems.com, you have the ability to earn money in the form of automatic rebates, by creating and sharing deem.it or honr.it link ("Program Links") or shopping directly with Edeems' participating merchants on our Stores pages, which are separate and apart from, and in addition to, any other discounts available through the Site. ("Edeems Rewards"). This section identifies the manner in which you may earn Edeems Rewards in the manner of cash back or money to be donated to charity, when you will be paid, when funds will be donated to charities, what rights you have as a User of the Site and the Edeems Rewards you have earned, and Edeems' rights and responsibilities with respect to the Edeems Rewards program.

1. PROGRAM OVERVIEW.
The Edeems Rewards rebates program (the "Program") is one of many services (referred to as "Service") offered by Edeems which allows Edeems.com Users to shop with participating merchants of Edeems, and earn Edeems Rewards. The Program is free to Users, and is conferred as a benefit of registration with Edeems. You are under no obligation to participate or redeem your Edeems Rewards.

As a User, Edeems Rewards are automatically earned when a qualifying online purchase from a merchant participating in the Program (a "Participating Merchant") is reported to Edeems. Some Participating Merchants may have special requirements to earn Edeems Rewards. As these special requirements change often Edeems makes no attempt to disclose or record their requirements or restrictions. Further, not all merchants listed on our Stores page participate in the Program. Participating Merchants are identified by a corresponding offer next to or under their store name such as 'up to 5% cash back'.

2. ELIGIBILITY.
The Program is offered for purchases made through links on the Edeems.com website to Participating Merchants or links created using Program Links on the Edeems.com website to Participating Merchants. You must have Internet access and a valid working e-mail address to receive the privileges of the Program. Further, participation in the Program is limited to individuals that are 18 years of age or older.

3. EARNING EDEEMS REWARDS.
To be eligible to receive Edeems Rewards, you must satisfy the following criteria:
3(a) Earning Edeems Rewards using Program Links
(1). You must be 18 years of age or older;
(2). You must create an account and sign into Edeems.com;
(3). You must create a link to a Participating Merchant from Edeems.com's Stores page;
(4). The User clicking your Program Link must have cookies enabled in the web browser;
(5). The User clicking your Program Link must make a qualifying purchase from the Participaing Merchant associated to the Program Link;
(6). You must reside in the U.S.A. or Canada.

3(b) Earning Edeems Rewards via our Stores pages on Edeems.com
(1). You must be 18 years of age or older;
(2). You must create an account and sign into Edeems.com;
(3). You must click an Edeems link associated to a Participating Merchant from an Edeems.com's Stores page;
(4). You must record your transaction number which will display on a pop-up window;
(5). You must have cookies enabled in the web browser;
(6). You must make a qualifying purchase from the Participaing Merchant;
(7). You must reside in the U.S.A. or Canada.

3(c) Earning Edeems Rewards from valid Coupon Codes You post to Participaing Merchants
(1). You must be 18 years of age or older;
(2). You must create an account and sign into Edeems.com;
(3). You must submit a valid and working Coupon Code to a Participating Merchants website;
(4) The User must click your Coupon Code link on the Participaing Merchants Edeems.com Stores page;
(5). The User using your Coupon Code must have cookies enabled in the web browser;
(6). The User must make a qualifying purchase from the Participaing Merchant AND the Participaing Merchant issues rebate payouts for Coupon Codes used for qualifying purchases (some Participating Merchants do not honor rebate payouts when Coupon Codes are used and such restrictions are not known nor disclosed by Edeems);
(7). You must reside in the U.S.A. or Canada.

Reasons why you will not earn Edeems Rewards, include, but are not limited to, the following:
(1). You are under the age of 18.
(2). You do not sign into Edeems.com;
(3). You or the Program Link User go directly to the Participating Merchant without first visiting our Stores page or without first clicking a valid Program Link;
(4). You or the Program Link User complete multiple transactions without returning to our Stores page or clicking the Program Link again. (Completing each transaction ends your "rewards session" with Edeems, and you have to start over to earn rewards on additional orders).
(5). You type a new address (URL) in the window opened by an Edeems Stores page;
(6). You click on any "special offers" or toolbars or advertisements from other websites while shopping;
(7). You allow too much time to lapse between linking to the merchant and completing the purchase;
(8). You use coupons/deals from sources outside the special offers found on our Stores page;
(9). You contact the merchant to change an order;
(10). You fail to abide by the restrictions imposed by a Participating Merchant;
(11) You do not reside in the United States or Canada;
(12). The Participating Merchant fails to transmit to Edeems the commission corresponding to the transaction for any reason or any commission transmitted to Edeems is required to be repaid by an order of any court of competent jurisdiction;
(13). You have been notified by Edeems that you, or certain purchases, are not eligible for Cash Back.

Determination of whether or not a purchase made through a Participating Merchant is a qualifying purchase is made at the discretion of Edeems. Edeems is not responsible for tracking problems resulting from incorrect usage of the Edeems Site, disabling cookies, computer issues resulting from unknown causes such as third-party software or other issues, merchant partner errors/omissions or from any other failure of tracking mechanisms.

Upon registration with Edeems.com, an account will be set up in your name for all Edeems Rewards you earn. The appropriate Edeems Rewards rebate will be posted to your account as "Reported" within thirty (30) days of the date on which a Participating Merchant reports your transaction to Edeem.com. For a period of ninety one (91) to one hundred twenty one (121) days thereafter, your account will refer to the Edeems Rewards rebate as "Pending." This time period is in accordance with the Participating Merchant's right to reverse a transaction for return purposes. Once the participating merchant authorizes the payment of Edeems.com's commission in connection with a qualifying purchase made by you, we will credit your account with the applicable Edeems Rewards. Your Edeems Rewards earned will be identified as available for withdrawal; at which time you can request a payment redeeming your Edeems Rewards. You can view your balance and history by viewing My Account.

Edeems Rewards earned from Program Links created on behalf of a Charity adhere to the following guidelines:
(1) Rewards will not post to your account as available funds to withdrawal;
(2) Rewards earned are not transferable;
(3) Rewards earned are not available for cash withdrawal;
(4) Program Links may not be altered to associate to You for earning Rewards in the form of cash back;
(5) Rewards earned will not be tax deductable on your behalf. You cannot write off donations earned from Program Links on your behalf;
(6) Rewards earned will be donated to the associated Charity at Edeems' discretion when enough funds are collected;
(7) All Rewards earned will be donated to the associated Charity.

4. REQUESTING AN EDEEMS REWARDS WITHDRAWAL.
You may request to redeem your earned Edeems Rewards designated as "Available to withdrawal" in your account. To receive Edeems Rewards in an amount greater than $25.00, you may request to receive payment in redemption of your Edeems Rewards either electronically through PayPal, or by standard check. The Edeems Rewards will be distributed to the User within thirty (30) days of receipt of the User's request for payment. Edeems is not responsible for lost mail or any other event beyond the control of Edeems that would prevent a user from receiving their payment.

You are solely responsible for redeeming Edeems Rewards. There is no automatic or periodic redemption.

5. ACCOUNT ADJUSTMENTS.
Edeems Rewards awarded to you is subject to adjustments for returns and cancellations, Edeems' receipt of information and payments on such purchases/orders from Participating Merchants, and other events. Edeems reserves the right to make adjustments to User's accounts at any time in accordance with this Agreement. If you disagree with any adjustments made to your account, your sole remedy is to discontinue use of Edeems.com and the Edeems Program.

Edeems is not responsible for changes to, or discontinuance of, any Participating Merchant, or any Participating Merchant's withdrawal from the Program, or for any effect on accrual of Edeems Rewards caused by such changes, discontinuance or withdrawal.

6. TERMINATION OF PROGRAM.
Edeems reserves the right to terminate the Program in whole or in part at any time with notice. In the event the Program is terminated, you will have sixty (60) days to redeem your Edeems Rewards from the date notice is transmitted by Edeems to the email address specified in your account. Notification will be sent to the email address provided to Edeems during the registration process. Edeems will not be responsible for failing to notify you of Program termination where such failure is caused by an inaccurate email address, your failure to check email online, or your failure to inform Edeems of a change in your email address.

7. MEMBER RESPONSIBILITIES.
You are responsible for maintaining accurate account information at all times, including valid email address information. You are responsible for keeping your email address, password and all other information concerning your account confidential. Edeems is entitled to act on instructions received under your account. Edeems is not responsible for any credits or debits made to your account by someone else who uses your Edeems account. Edeems will not be responsible for any losses or liabilities incurred through the use of your account information by a third party.

You are also responsible for reviewing your account balance on a regular basis, and for checking to ensure that all Edeems Rewards has been properly credited to your account. If a discrepancy occurs in your Edeems Rewards account, such as a rebate not being credited to the account, then you must contact Edeems via our customer support link on the Site, within sixty (60) days of the purchase/order date from a Participating Merchant. If you fail to contact Edeems within that sixty (60) day period, such purchase/order shall be deemed to be accurate and you hereby waive any right to dispute said purchase/order.

8. GENERAL.
(a) Participation in the Program is personal to you. Edeems Rewards received under the Program may not be assigned or transferred to any third party, except as expressly permitted by Edeems, in writing. The sale, transfer, lending, exchange, pooling or barter of any Edeems Rewards, other than by Edeems, is expressly prohibited. Any Edeems Rewards assigned, sold, or otherwise transferred in violation hereof may be confiscated or canceled.
(b) Edeems will use information collected from you as set forth in our Privacy Policy. You are encouraged to read our Privacy Policy to understand our information collection and use practices.(c) You are responsible for any taxes that may be due on Edeems Rewards redeemed by you. (d) Edeems Rewards has no cash value until such time as you request and receive a payment and you shall have no property rights or other legal interest in Edeems Rewards. The Company may change any terms of the Edeems Rewards Program at any time without notice. The changes to the Program are effective immediately after the Company posts the policy to the site with or without prior notice to you the User.
All donations, transfers and pledges of money to any schools, foundations or other types of charitable or philanthropic organizations are made at the sole direction of Edeems and, (if applicable) of Edeems' members. Edeems is not affiliated, partnered nor working with or on behalf of any 3rd party websites, Stores, Programs, Merchants, or Charitable foundations listed on Edeems.com.

9. RESPONSIBILITY FOR YOUR PROGRAM LINKS.
You will be solely responsible for the development, operation and maintenance of the linked site(s) and for all materials that appear on these site(s). We shall have no responsibility for the development, operation and maintenance of your site(s) and for any materials that do not appear on our site. You shall also be responsible for ensuring that materials posted on the site(s) do not violate or infringe upon any laws including, but not limited to, 18 U.S.C. Section 2257, or the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights), and ensuring that materials posted on your site(s) are not libelous or otherwise illegal (including depictions of actual, implied or simulated bestiality, rape, incest, child pornography, or any other content deemed inappropriate or illegal). We will not be responsible if you use another party's copyrighted or otherwise proprietary material in violation of the law.
(a) Child Pornography. We are especially adamant that no sites associated in any way with the Edeems Program contain child pornography. We maintain a zero tolerance policy towards anything related to child pornography. Not only do we prohibit pictures which depict or insinuate sexual images of persons under the age of eighteen (18), we also prohibit words which may insinuate sexual images of persons under the age of eighteen (18). If we determine that you have violated the Company's zero tolerance policy against child pornography, your membership in the Edeems Program will be terminated and your Program Link(s) will be removed from Edeems.com and search engines without warning. You will forfeit all Edeems Rewards otherwise due you.
(b) Bulk E-Mailings: Acceptable and Non-Acceptable Use. Users may promote Edeems approved sites and related products through the transmission of bulk e-mail. Users may not promote the above programs and related products through the transmission of unsolicited bulk e-mail (UBE). If you chose to transmit bulk e-mail, you must have an existing and provable relationship between the e-mail recipient and the sender. You, or the sender of the bulk e-mail, must have obtained the recipients e-mail address through a verifiable opt-in procedure. If we receive a complaint from a person who received a promotional e-mail from you, we will require that you demonstrate to us that the recipient did not receive UBE from you or someone transmitting the e-mail on your behalf. Failure to demonstrate this will result in your termination from the Program. The following acts are also strictly prohibited and your participation in the Edeems Program will be terminated if you engage in them: You may not transmit e-mail that makes use of or contains invalid or forged headers, invalid or non-existing domain names or other means of deceptive addressing; You may not transmit e-mail that is relayed from any third party's mail servers without the permission of that third party or which employs similar techniques to hide or obscure the source of the e-mail. You may not harvest or collect screen names from any internet service provider (ISP) for the purpose of sending unsolicited e-mail. Many ISPs, such as America On Line, Inc. (AOL), have policies and procedures relating to mass mailings to their members. We suggest you familiarize yourself with such policies and abide by them. AOL's policy can be found at www.aol.com/info/bulkemail.html
(c) Other Grounds for Termination In addition to the foregoing, we will immediately terminate your participation in the Program if we believe you have engaged in any of the following: Altering by electronic, mechanical or automated means or other technologies, that may now exist or come into existence, the Edeems site URLs belonging to or identified with accounts other than your own, or causing the modification or substitution of Edeems site URLs belonging to or identified with accounts other than your own that may reside within or originate from a third party system in the form of bookmarks, cached pages, cookies or other stored forms that may be passed to the Edeems system by user operation of said third party system. Any form of spamming including, but not limited to unsolicited email, IRC postings, newsgroups, and/or instant messaging clients; Publishing, transferring, reassigning, disclosing, distributing, or permitting any other person to use your Edeems account; Providing inaccurate or incomplete information to COMPANY concerning your identity, bank account, address or other required information; Attempts to cheat, defraud or mislead us in any way; Promotion of Edeems.com on password sites, MP3 sites, other PTC sites, url redirection sites (including Linkbucks, Hyperlinkcash, etc) or warez sites; Owning or operating a website in connection with a person who is under eighteen (18) years of age; and/or under the age of majority in states, provinces or countries where the age of majority is greater than eighteen (18) years; Operating from a foreign country from which COMPANY will not accept accounts including, but not limited to: Afghanistan, Albania, Armenia, Azerbaijan, Costa Rica, Cuba, Estonia, Georgia, Indonesia, Kaliningrad, Kazakhstan, Kyrgyzstan, Latvia, Malaysia, Moldova, Pakistan, Philippines, Sudan, Taiwan, Tajikistan, Turkmenistan, Uzbekistan, and Yemen.
(d) Any accounts may be terminated at Edeems' discretion at anytime. If Edeems deems clicks to be invalid, Edeems reserve the right to terminate the User account immediately and the User will forfeit all Edeems Rewards.

10. ROBOTS.
Much of the information on Edeems.com is updated on a real time basis and is proprietary or is licensed to Edeems by our Users, Affiliate Merchants, or third parties. You agree that you will not exceed the limited access to the Site granted to you or use any robot, spider, scraper or other automated means to access Edeems.com for any purpose without our express written permission. Additionally, you agree that you will not:
(i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;(ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content from this Site without the prior expressed written permission of Edeems and appropriate third party, as applicable;(iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or(iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

11. MODIFICATIONS OF SERVICE.
The Company may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. Notice of any change by email, to your address in our records, or notice posted on our site, is considered sufficient notice to you of a change to the terms and conditions of this Agreement. Modifications may include, but are not limited to, changes in the scope of available commission fees, commission schedules, payment procedures, and Program rules. All such modifications shall take effect 48 hours after we serve notice as provided above, unless we indicate otherwise. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Program, following our posting of modifications or a new agreement on our site, will constitute your binding acceptance of the change in terms and conditions. In the event the Company introduces a new service, the fees associated to that Service are effective at the launch of the Service. Users agree that the Company shall not be liable to you the User or to any third party for any modifications, suspension, or discontinuance of the Service or Program.

12. RELEASE.
Because the Company is not involved in the actual transaction between Users and Participating Merchants, nor does the Company monitor User activity or content posts; in the event that you have a dispute with one or more users or Participating Merchants, you release Edeems, Inc. (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." You acknowledge and agree that communications and transmission to and from the Company Web site are not confidential. There is no confidential, fiduciary, contractually implied or other relationship created between you and the Company other than as stated in this Agreement. You agree that no joint venture, partnership, employment or agency relationship exists between you and the Company as a result of this Agreement or use of this Web site. You have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site(s) or otherwise, that reasonably would contradict anything in this Section. You are not an agent of the COMPANY and COMPANY expressly disclaims responsibility for any conduct by you in violation of the terms of this Agreement. Comments posted on the Site's Store pages do not imply endorsement by the Site, they are the sole expressed views of the original poster. The Site will remove feedback and comments if they meet the standard for feedback abuse outlined in the Additional Feedback Information section below. In addition, the Site offers members the opportunity to withdraw feedback (referred to as "feedback") by contacting customer support.

Members should use caution and good judgment when leaving comments for Stores on the Site, because:

Feedback left cannot be edited or removed once it has been left. It generally becomes a permanent part of the responses within and is viewable by the entire Edeems.com community. Members could be held legally responsible for damages to a Users reputation if a court were to find that the remarks constitute libel or defamation. Under federal law (the Communications Decency Act), because The Site does not censor feedback or investigate it for accuracy, the Site is not legally responsible for the remarks that members post, even if those remarks are defamatory. However, this law does not protect the person who leaves the feedback from responsibility for it.
(a) Additional Feedback Information. Feedback and/or Comments and/or a Posts (referred to as feedback) that meets any of the circumstances below is feedback abuse and may be subject to removal. Feedback that doesn't meet any of the reasons outlined below will not be removed:

The Site is provided with a valid court order finding that the disputed feedback is slanderous, libelous, defamatory or otherwise illegal.
The feedback comment contains profane, vulgar, obscene, or racist language or adult material. Inflammatory language, such as "fraud, liar, cheater, scam artist, con man" etc., while strongly discouraged, will not be removed.
The feedback comment contains personal identifying information about another member, including real name, address, phone number, or e-mail address.
The feedback makes reference to an Edeems.com or law enforcement organization investigation.
The feedback comment contains scripts.
Negative feedback intended for another member will be considered for removal only in situations where the member responsible for the mistaken posting informs The Site of the error.
Feedback left by a person ineligible to participate in The Site as defined within the Edeems Terms of Service.
Feedback left by users who are indefinitely suspended for certain policy violations. The Site takes the position that members who are indefinitely suspended soon after registration shouldn't be able to permanently impact another member's account or business.

For more information on laws limiting the liability of companies like Edeems.com from written remarks posted on its site by third parties, please visit these Web sites: Legal Information Institute
FindLaw.com

13. MEMBERSHIP OBLIGATIONS.
In consideration of the use of the Service, you the user: (a) certify that you are at least 18 years of age (b) agree to provide true, accurate, current and complete information about yourself as prompted by the Service's membership form (such information being the "Membership Data") and (c) maintain and promptly update the Membership Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). If you do not qualify, then please do not use our Services.

14. MEMBER ACCOUNT, PASSWORD AND SECURITY.
You will be assigned an account upon completing the Sites membership process. You are responsible for maintaining the confidentiality of the password you created and account you have access to, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify the Company of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 14.

15. MEMBER CONDUCT.
You understand that all information, data, text, photographs, graphics, images, messages or other materials ("Content"), whether publicly posted or linked to or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not the Company, are entirely responsible for all Content that you upload, post, email, transmit, link to or otherwise make available via the Service. The Company does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will the Company be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

16 UNLAWFUL AND PROHIBITED MEMBER USE.
You warrant to the Company that you will not use the Company's Service or its Site for any purpose that is unlawful or prohibited by the TOS in this Agreement and on the Site.

16.1 PROHIBITED MEMBER ACTIVITIES.
You agree to not use the Service to:

(a) Post, upload, email or otherwise transmit any Content or material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, disruptive to the site, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to, a Edeems, Inc. official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site and its Service;
(e) post, upload, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation except as otherwise expressly authorized by the Company;
(f) post, upload, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(g) post, upload, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
(h) post, upload, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
(j) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(k) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
(l) "stalk" or otherwise harass another; or
(m) collect or store personal data about other users;

You acknowledge that the Company does not pre-screen Content, but that the Company shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, the Company shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by the Company or submitted to the Company, including without limitation information in the Company.

You acknowledge and agree that the Company may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of the Company, its users and the public.

Without limiting any other remedies, the Company may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with the Company's Site and its Services.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

17. ACCESS RESTRICTION.
The Company may, in its sole discretion, deny any user access to the Site or any portion of the Site without notice.

18. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE.
The Company does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant the Company the following world-wide, royalty free and non-exclusive license(s), as applicable:
With respect to Content you submit or make available for inclusion on publicly accessible areas of the Site, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Site solely for the purposes of providing and promoting the Company exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or the Company removes such Content from the Site.
With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the Site, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or the Company removes such Content from the Site.
With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Site, the perpetual, irrevocable and fully license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Service are those areas of the Company Site that are intended by the Company to be available to the general public. However, publicly accessible areas of the Service would not include portions of the Company that are intended for private communication between the user and the company.

19. INDEMNITY.
You agree to indemnify and hold the Company, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorney's fees) which arise out of, are connected with or directly relate to your wrongful, unlawful or lawful use of this Site or its Services or any breach of any representation or warranty made by you in this TOS Agreement. Comments posted on the Site's forum do not imply endorsement by the Site, they are the sole expressed views of the original poster. You agree to indemnify and hold the Company, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorney's fees) which arise out of negative comments posted on the forum.

20. PERSONAL AND NON-COMMERCIAL USE.
You agree not to resell the Service of the Company. The Site is for your personal, non-commercial use. You agree not to reproduce, modify, distribute, publish, transmit, license, display, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site

21. GENERAL PRACTICES REGARDING USE AND STORAGE.
You acknowledge that the Company may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on the Company's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that the Company has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that the Company reserves the right to suspend or terminate accounts that are inactive for an extended period of time. You further acknowledge that the Company reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

22. USE OF INFORMATION.
The user's information (referred to as "Your Information") is defined as any information you provide to us in the registration, the listing process, through email or information collected in monitoring your usage of the Company's Site. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. It is Edeems' policy to take reasonable measures to respect the privacy of Edeems, Inc. users. Edeems, Inc. will take reasonable measures to not disclose the contents of your communications unless required to do so by law or in the good faith belief that such action is reasonably necessary to: (i) conform to the edicts of the law or comply with legal process served on Edeems' website; (ii) protect and defend the rights or property of Edeems or enforce or further the application or intent of the terms of this Agreement; or (iii) act to protect the personal safety of Edeems participants or the public.

From time to time, Edeems may make various aspects of our database of Your Information available to other parties for promotions of and solicitations for their goods or services that may be of interest to Edeems members. However, we will not distribute personal information about any individual -- in other words, while we might let our advertisers know that we have 1000 people in your zip code, we won't let advertisers know that YOU live in your zip code. However, by accepting this Agreement, you expressly consent to such use and disclosure of non-personally identifiable information. Please note that Edeems maintains the right to send you periodic updates as Edeems deems necessary. Also note that if you provide any information to other parties, or any other sites you encounter on Edeems or the Internet, different rules may apply to their use or disclosure of the personal information you disclose to them. We may, however, use and disclose general data and/or statistical data that includes data about you and/or your listings in order to provide better service to you and other users, among other reasons.

With respect to Your Information:

22.1 YOUR INFORMATION. (or any items listed therein):

(a) shall not be false, inaccurate or misleading;
(b) shall not be fraudulent or involve the sale of illegal or stolen items;
(c) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
(d) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising);
(e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
(f) shall not contain any viruses, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(g) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
(h) shall not link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this TOS Agreement; (bb). Furthermore, you may not place a listing on the Company's Site (or consummate any transaction that was initiated using our service) that, could cause us to violate any applicable law, statute, ordinance or regulation.

22.2 The privacy policy is a part of the terms of use TOS agreement. Please read the privacy policy.

23. USE OF MESSAGES.
By posting comments or messages or engaging in other communication to the Company Web site, you grant to the Company a perpetual, worldwide, irrevocable, non-exclusive, royalty-free license to use, download, copy, reproduce, modify, distribute, publish, transmit, transfer, sell, license, display, perform, adapt and otherwise exploit such communication in all media now known or hereafter devised. You waive all rights to any claim against the Company for any alleged or actual infringement of any proprietary, privacy, publicity, moral or attribution rights in connection with such communication.

24. TERMINATION OR BREACH.
You agree that the Company, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if the Company believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Shall the Company find you in breach of the TOS, the Company reserves the right to suspend, and or terminate your listing and/or account without issuing a refund. The Company may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that the Company may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that the Company shall not be liable to you or any third-party for any termination of your access to the Service.

25. DEALINGS WITH ADVERTISERS.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

26. LINKS.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because the Company has no control over such sites and resources, you acknowledge and agree that the Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

27. EDEEMS, INC. PROPRIETARY RIGHTS.
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the Company or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

The Company grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by the Company for use in accessing the Service.

28. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) THE COMPANY MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

29. LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL 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), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) 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; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

30. NOTICE.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.

31. COPYRIGHT AND TRADEMARK NOTICES.
All contents of the Site are Copyright © Edeems, Inc., and/or its suppliers, affiliates. All rights reserved. Edeems, Inc., the Edeems, Inc. logo, trademarks and service marks, and other Edeems, Inc. logos and product and service names are trademarks of Edeems, Inc. (the "Edeems, Inc. Marks"). Without Edeems, Inc. prior permission, you agree not to display or use in any manner, the Edeems, Inc. Marks. Please note: Any 3rd party trademarks are the property of their respective companies.

32. GENERAL INFORMATION.
(a) Use of Online Coupons. Edeems provides online coupons as a free service to its Users. Edeems is not responsible for the redemption, errors/omissions or expiration of online coupons and it is your responsibility to make sure that a discount, special pricing, or free offer is present in the checkout process of a Participating Merchant or Store listed in our Stores pages on the Site. All offers and promotions on this site are subject to change without notice. Edeems has no control over the legality of any coupons or other offers made by Participating Merchants, the ability of any of the Affiliate Merchants to complete the sales in accordance with the offers, or the quality of the goods offered by the Affiliate Merchants. Edeems has no control over whether Affiliate Merchants will honor the offers shown on Edeems.com, and does not guarantee the accuracy or completeness of the information contained on the website. In the event you have a dispute with an Affiliate Merchant in any way relating to the Edeems.com website or the use of information from the website, you agree to waive and release Edeems from any and all claims, demands, actions, damages (actual and consequential), losses, costs or expenses of every kind and nature, known and unknown, disclosed and undisclosed relating to that dispute.
(b) The TOS constitute the entire agreement between you and Edeems, Inc. and govern your use of the Service, superceding any prior agreements between you and Edeems, Inc. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and Edeems, Inc. shall be governed by the laws of the State of Maryland without regard to its conflict of law provisions. You, the user and Edeems, Inc. agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Maryland, U.S.A. The failure of Edeems, Inc. to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of act arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of act arose or be forever barred.

This Agreement contains the entire understanding and agreement of the parties with respect to the use of this Web site. It supersedes all prior oral or written understandings and agreements relating to use of this Web site. Company waiver of any provision of this Agreement shall not be deemed to waive it for the future.

33. SEVERITY OF PROVISIONS.
Any provision (or part thereof) of this Agreement which is found to be invalid, prohibited, or unenforceable, shall be ineffective only to the extent of such prohibition and unenforceable, without invalidating the remainder of the provision or the remaining provisions hereof. To the extent permitted by the applicable law, each of the parties hereto hereby waives any provision of law which prohibits or renders unenforceable any provisions hereof in any respect.

34. The section titles in the TOS are for convenience only and have no legal or contractual effect.

35. VIOLATIONS.
Please report any violations of the TOS to our Customer Service.