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OfferOfTheDay.com Membership Agreement

Revised: Aug 15, 2007

ATTENTION:
PLEASE READ THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS SITE. ACCESSING THIS SITE INDICATES THAT YOU AGREE TO EACH OF THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT ACCEPT THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THIS SITE FOR ANY PURPOSE.

OfferOfTheDay.com (”OfferOfTheDay.com.com” or “we” or “us” or “our” or the “Site”) may revise these terms at any time, at our sole discretion, without notice, by updating this posting. The revised terms will take effect when they are posted. By completing the registration process the Member (‘You’) agrees, and is legally bound, to all terms of this agreement.

MEMBERSHIP: To maintain a Membership at OfferOfTheDay.com, You must must have a valid email address. OfferOfTheDay.com reserves the right to terminate the Membership of anyone who fails to meet this requirement.

Membership Eligibility: It is required that members establish and maintain only one account, and that account must be registered to a unique e-mail address. You may only sign up once and maintain one Membership at OfferOfTheDay.com. OfferOfTheDay.com reserves the right to terminate duplicate accounts. To the full extent allowed by applicable law, OfferOfTheDay.com at its sole discretion, and for any or no reason, may refuse to accept applications for membership.

Valid Information: All members must provide accurate information about their identity. You must provide OfferOfTheDay.com with valid contact information including name, postal address, and email address. The member should also note that products will not be shipped to PO Boxes. Members are responsible to promptly update such information should it change. OfferOfTheDay.com reserves the right to request verification, and member agrees to be subject to verification of any of the information provided by the member for enrollment with and continued use of the services provided by OfferOfTheDay.com. You may not impersonate or misrepresent Your identity. OfferOfTheDay.com reserves the right to terminate any account, and associated membership, containing untruthful information. OfferOfTheDay.com is not responsible for lost payments or communications due to Your failure to provide OfferOfTheDay.com with valid contact information as reasonably necessary. Member must provide this same valid and truthful contact information as required by advertiser or partner when completing any offer presented by or in conjunction with OfferOfTheDay.com.

Emails: By signing up for OfferOfTheDay.com, You are opting-in to receive OfferOfTheDay.com newsletters and other special offer emails from OfferOfTheDay.com or any of its partner sites. If You do not wish to receive these emails, You may opt-out at any time, by updating Your Account information. Once an update to opt-out has been made to OfferOfTheDay.com, a request will be sent to the emailing service and may take up to 48 hours to take effect. At this juncture, OfferOfTheDay.com is not responsible for failure of the emailing service to uphold Your request, but will act accordingly to attempt to resolve all issues.

Accounts: Your password and account are personal to You and are not transferable; You may not allow anyone else to use Your password or account. You are responsible for keeping Your password secret. OfferOfTheDay.com will not be liable for losses that are incurred through the use of Your password by a third party or the disclosure of Your password or account information.

Account Termination: OfferOfTheDay.com at its sole discretion and for any reason or no reason at all may terminate any Members without prior notice for (a) any violation of any provision of this Agreement; (b) aiding in or promoting circumvention of the OfferOfTheDay.com Service; (c) acting against the business interests or reputation of OfferOfTheDay.com; (d) otherwise acting unlawfully in relationship to OfferOfTheDay.com, the OfferOfTheDay.com website or the OfferOfTheDay.com Service; (e) breach of our Spamming Policy; or (f) any other reason at the discretion of OfferOfTheDay.com. If Your account is terminated by OfferOfTheDay.com, You may not re-enroll or join under a new account unless formally invited to do so by OfferOfTheDay.com.

Account Cancellation: Notify OfferOfTheDay.com via the Contact page for membership cancellation. Also, if a member no longer wishes to remain a member of this site, they should cease to access their account, and nothing more will happen with their information.

Member Responsibilities: Member shall not tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of any part of OfferOfTheDay.com. Member shall not use robots or scripts with OfferOfTheDay.com. Violation by any member will result in a termination of membership and barring from future participation with the service of OfferOfTheDay.com. Any decision made by OfferOfTheDay.com relating to termination of membership in cases of suspected abuse or violation of its rules shall be final and binding. The slightest violation of any law will provide sufficient motivation for us to prosecute the offender to the fullest extent of that law

Partner Offers: OfferOfTheDay.com is not responsible for the terms and conditions of any of the affiliated websites or partner offers on our website. We make an effort to screen our offers to ensure the best possible experience for our members. However, we are not responsible for any ensuing charges or contracts incurred between a member and an offer provider. Members should carefully read the requirements, terms and conditions, and billing information for each offer. OfferOfTheDay.com reserves the right to terminate any account violating this Agreement or the Agreement of any of its sponsors, or partners. OfferOfTheDay.com does not warranty, guarantee, or insure the quality of any product or service requested from one of the partner offers.

Your Relationship With Advertisers: Your relationship with merchants or advertisers whom OfferOfTheDay.com deals with, including payment for and delivery of related goods or services, entry into and operation of promotions, discounts or contests, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such merchant or advertiser. You agree not to hold OfferOfTheDay.com liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the content provided by such merchants or advertisers through the Service.

DISCLAIMER OF WARRANTIES: YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, OFFEROFTHEDAY.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED BY LAW, CUSTOM OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. OFFEROFTHEDAY.COM MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.

LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, NEITHER OfferOfTheDay.com NOR ANY OF ITS MEMBERS, SUBSIDIARIES, PUBLISHERS, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER’S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OFFEROFTHEDAY.COM’S TOTAL CUMULATIVE LIABILITY TO ANY MEMBER UNDER THIS AGREEMENT EXCEED AN AMOUNT EQUAL TO: THE TOTAL VALUE OF THE PRODUCTS RECEIVED THROUGH THE SERVICES OF OFFEROFTHEDAY.COM.

GOVERNING LAW AND OTHER TERMS: Any action related to this Agreement will be governed by California law, excluding (1) principles of conflicts of laws, and (2) the United Nations Convention on Contracts for the International Sale of Goods. Any action relating to this Agreement shall be brought in the state or federal courts located in the Northern District of California, and You hereby submit to the exclusive jurisdiction and venue thereof. You agree to comply with the laws of California and the United States that apply to the use of this Service and the compensation You may receive. If the laws of Your country, state, or province of residence prohibit or limit Your participation in this Service, then You are responsible for complying with such laws and You agree to indemnify OfferOfTheDay.com against any breach. If any part of this Agreement is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect. This Agreement is personal to You and You may not transfer, delegate, or assign this Agreement, Your referral network, Your OfferOfTheDay.com account or other benefits You receive as a OfferOfTheDay.com Member to anyone. Any attempt by You to assign or delegate this Agreement shall be null and void. OfferOfTheDay.com may assign this Agreement at its sole discretion.

SECURITY: To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, OfferOfTheDay.com has used appropriate industry standard procedures to safeguard the confidentiality of Your personal information, such as firewall, encryption, token authentication, application proxies, monitoring technology, and adaptive analysis of network traffic to track abuse of our network and its data. However, no data transmitted over the Internet can be 100% secure. As a result, while we strive to protect Your personal information, OfferOfTheDay.com cannot guarantee the security of any information that You transmit to us or from our sponsors and You do so at Your own risk.

This Agreement constitutes the entire Agreement between You and OfferOfTheDay.com in connection with general membership in OfferOfTheDay.com and supersedes all prior agreements between the parties regarding the subject matter contained herein. If any provision of this AGREEMENT is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of this AGREEMENT will remain in force. No failure of either party to exercise or enforce any of its rights under this AGREEMENT will act as a waiver of such rights.

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