Why join?Ephinity's Rewards Club was designed with you in mind. It's absolutely free - signing up only takes 2 seconds. 
Club Benefits:
Why Not?We love our members, and they love us back. Here’s what they have to say: "For me, bargain hunting has never been easier, particularly in this economy where every bit helps. Saving time is icing on the cake." J. Andres, Busy wife & mom, Houston, TX
"Finally, a program where I actually get to use my points the way I choose. Coffee at my favorite coffee house, gas to get me around town, take-out for dinner and a movie, more coffee at my favorite coffee house, etc. – my points, my way." S. Morales, College student, Miami, FL
"The perks are sweet, but what I like best is what they stand for. Ephinity is an extraordinary company driven by purpose." A. Elisa, Activist, Monterey Bay, CA
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What are you waiting for? Why not give us a try. It’ll be a rewarding experience. Go ahead, reward yourself. Get Started
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Last Modified April 17, 2009
Acknowledgment & Acceptance
This website, and all other Ephinity websites, including but not limited to www.ephinity.com, which may be accessed online (collectively, the "Ephinity Sites", "Site" or "Sites"), are owned and operated by Ephinity, Inc. ("Ephinity", "We", “Our”, or "Us"). Access to and use of the Site and its Services (as defined below in the Section, "Services") is governed by these Terms of Use (the "Terms"). By enrolling, accessing and/or using the Services you indicate your assent to be bound by the Terms, you agree that you have read and understand this Agreement ("Agreement") and that your membership in Ephinity Rewards shall conform to its terms.
Ephinity may, in its sole discretion, modify the Terms without notice to you. Therefore, please continue to review the Terms when using the Sites. By continuing to access and use the Sites after the Terms have been modified, you are agreeing to such modifications. In addition, when using particular services or features, or when ordering products on the Sites, you shall be subject to any posted guidelines or rules applicable to such services, features, products or orders that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms.
Ephinity Reward Yourself Club ("Program") members ("Members") may earn Points for taking surveys; taking advantage of Point-earning opportunities on the Program and other third party Web sites; responding to offers from participating advertisers and partners via email, postal mail or telephone; and complying with the terms of other offers or programs from Ephinity.com or other participating companies.
Ephinity reserves the right to send Members messages from time to time for which they may not be rewarded. Such messages may include Ephinity system updates; flash bulletins; order confirmations; administrative announcements; special requests and other similar messages ("Administrative Messages") and may be sent via email or regular mail. Members can elect to stop receiving email offers, but cannot unsubscribe from these Administrative Messages while enrolled in the Program.
Ephinity is under no obligation to provide Members with any particular number of Point-earning opportunities or send messages to them.
Ephinity reserves the right to limit Program enrollment at any time.
Services
Services shall mean services, including without limitation: products, promotional offers, coupon codes, offer codes and listings provided by merchants and advertisers on the Site (www.ephinity.com.) and on affiliated websites and/or applications ("Websites"). The Services allow users to research, review, purchase, and/or order a wide variety of products and services from numerous third-party websites offering some of the latest online coupons available from certain leading merchants. The Services try to provide members with the latest available coupon and other deal listings which allow you to receive discounts or redeem other offers with respect to transactions with such merchants through our Site.
The Site also allow members to access Ephinity Rewards and Ephinity Rewards Premium and Ephinity Rewards VIP (collectively, "Ephinity Reward Yourself Club", or “Club”) program accounts, create and share "Wish Lists", upload and download content (including reviews and other user generated content). The Club is a private, by invitation only online rewards program that offers cash back incentives in the form of rewards points to its members for using our Site and its Services. Unless explicitly stated otherwise, any new features or offerings on the Sites in the future that are added to or that augment or enhance the Services shall be considered part of the Services and subject to the Terms.
We introduce members to various sellers of goods or services online and use reasonable efforts to ensure the availability of the information and content on the Site, including coupon and offer codes and expiration dates. However, Online Stores have the ability to change or terminate their Services at any time, including but not limited to, the coupon or offer code and the expiration date. Since the Services are composed of content not offered by us, we do not control (i) the terms of the Services made by the merchant; (ii) the availability or technical capabilities of the merchant's websites or links to their websites; (iii) the quality, safety or legality of the Services available on our Site or on merchant websites or sites of third parties not in privity of contract with us, or (iv) the truth or accuracy or legality of the Services offered by Online Stores, advertisers or those third parties (even if such content appears on the Services). We are not liable or responsible for the Services, or for actions you might take in reliance on the Services.
Nothing contained in any of the Services is an offer, guarantee or promise. We do not guarantee the price, terms, or availability of any of the Services.
Intended Audience
Unless otherwise specified, the Materials are presented solely for the purpose of promoting products and services available in the United States and its territories and possessions. Ephinity controls and operates the Sites from its offices located in the State of Texas in the United States of America. Ephinity makes no representation that Materials contained on the Sites are appropriate or available for use in other locations. Those who choose to access the Sites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Ephinity does not intend its Sites and/or Services to be used by individuals under the age of 18 without the supervision of a parent or guardian 18 years of age or older. Ephinity relies upon parents or guardians 18 years of age or older to determine if the Sites and/or Services are appropriate for the viewing, access, or purchase by such individuals under the age of 18. If an individual under the age of 18 uses the Ephinity Sites and/or the Services, such individual may only use the Sites and/or Services under the supervision of a parent or guardian 18 years of age or older.
Rewards Terms and Conditions
We provide registered Ephinity Reward Yourself Club Members with the opportunity to earn Ephinity Rewards Points for shopping (the "Shopping Benefit") with certain participating online stores ("Online Stores"). From Online Stores, you may earn these points using any payment mechanism accepted by the Online Stores, provided that you are logged into the Ephinity website at www.ephinity.com and have accessed the Online Store’s website via valid links within the Ephinity website to make the purchase. The amount of points offered and terms and conditions of the offer, including any exclusions to the offer, vary by Online Store and are described in the Online Store Details section of www.ephinity.com.
We may change, terminate or limit access to the Shopping Benefit at any time without prior notification. Ephinity Rewards Points earned through the Shopping Benefit expire 3 years from the end of the month in which they are earned, unless Ephinity Reward Yourself Club is terminated. If Ephinity Reward Yourself Club is terminated then, as detailed in the Ephinity Reward Yourself Club Terms and Conditions above, all accumulated Ephinity Rewards Points must be redeemed within 90 days from the termination date.
The Shopping Benefit is not valid with other points or loyalty network offers. If you utilize the Shopping Benefit, you expressly agree to forfeit and waive any right you may have to other points or loyalty network rewards that you may be eligible for through other loyalty networks. Purchases from Online Stores made through the Ephinity website may not qualify for the Shopping Benefit if a separate coupon code or promotion is used and are subject to the offer conditions as described in the Online Stores Details section of www.ephinity.com.
All Ephinity Rewards Points earned as a result of qualifying purchases for the Shopping Benefit will be posted to your Ephinity Reward Yourself Club Member Account between 45 and 90 days of notice from a Participating Online Store to Ephinity of your qualifying purchases. Points for travel related services will be posted to your Ephinity Reward Yourself member account 45 to 90 days after your confirmed travel or stay. If you believe that Ephinity Rewards Points have not been properly posted to your Ephinity Reward Yourself Club Member Account, then you must inform Ephinity Member Services within one year of the qualified transaction for which you are claiming that points should have been posted and be able to provide proof of such transaction acceptable to Ephinity.
We are not responsible for setting or maintaining the amount of Ephinity Rewards Points or the prices of the goods or services offered by any Participating Online Store or for the requirements of any participating Online Store’s offer. Each participating Online Store has the right to change at any time, and without notice, the amount or percentage of any additional Ephinity Rewards Points it offers as well as the prices of its goods or services and the terms and conditions of purchases that qualify for the Shopping Benefit. Ephinity does not represent or warrant that any particular participating Online Store will participate in the Shopping Benefit or offer its goods and services at the price listed when you use the search function at the time you utilize the Shopping Benefit or at any time thereafter.
We are not agents of any participating Online Store and all participating Online Stores operate independently of, and are not under the control of Ephinity with respect to the Shopping Benefit or otherwise. Accordingly, Ephinity does not represent or warrant, or give any assurances, that any participating Online Store will provide Ephinity Rewards Points for any particular transaction even where such transaction would appear to qualify for Ephinity Rewards Points under either Ephinity or participating Online Store statements. Ephinity does not assume any liability, obligation or responsibility for any part of any such correspondence, offer or promotion, including without limitation the withdrawal or modification of any such offer or promotion.
No Ephinity Rewards Points associated with any purchase from any participating Online Stores will be considered earned by you unless and until Ephinity receives all fees or commissions owed to it by the participating Online Stores, or affiliates, for the provision of the Shopping Benefit. If Ephinity does not receive the fees or commissions owed, Ephinity reserves the right to reverse the posting of any Ephinity Rewards Points until the fee or commission is paid.
Terms of Participation
Only individuals 18 years or older and residing in the U.S. and its territories and possessions may enroll in the Ephinity Rewards Program and become Members. Ephinity reserves the right to prevent access to the Program and the Ephinity website from IP addresses outside of the U.S. and its territories and possessions. Corporations or other business entities are not eligible to become Members. Ephinity Club membership and its right to use is limited to one individual per Ephinity account. Ephinity allows only one email address per Member. Member agrees to provide only true and accurate information to Ephinity (including to its advertisers and partners) at all times. Member agrees to comply with the terms of all Ephinity and Ephinity advertiser and partner offers, promotions, and programs at all times.
Member agrees not to abuse Ephinity Club privileges by conduct which is detrimental to the interests of Ephinity, including without limitation attempting to accrue Points or spend Points in a manner inconsistent with the rules of Ephinity or intent of this Agreement, having multiple accounts, attempting to earn Points through other than legitimate channels, participating in purchasing or redemption fraud, or tampering with Ephinity award links, etc. Ephinity reserves the right to terminate or disable, at Ephinity 's sole discretion, any Ephinity membership if Ephinity believes such Member has violated or acted inconsistently with the rules of Ephinity or intent of this Agreement. Member understands and agrees disabling of membership will result in Member's inability to redeem and/or earn Points. Member understands and agrees termination of membership will result in the cancellation of all of Member's Points.
Ephinity shall be the sole determiner in cases of suspected abuse, fraud, or violation of its rules and any decision it makes relating to termination of membership (including cancellation of Points) shall be final and binding. Ephinity reserves the right to adjust your Point balance with award reversals for items returned or transactions not completed or cancelled. A pattern of placing orders followed by cancellations is construed as purchasing fraud and could result in the termination of your Ephinity account. Points may be spent only on reward cards as offered through Ephinity at the time of redemption. Points have no cash value. Ephinity is not responsible for lost or stolen reward cards once issued. Rewards are subject to change at any time without notice.
The number of Points required to redeem for a rewards card are subject to change at any time without notice. Member inquiries regarding rewards ordered and not received must be received by Ephinity within 6 months after the initial redemption date. Thereafter, Ephinity will have no obligation to re-send rewards to the Member. Points will be subtracted from Member's account once the redemption order is placed by the member and captured by the Ephinity system. Once used to claim a rewards card, Points will not be reinstated to Member's account. In conjunction with spending Points for rewards cards, Member agrees to confirm that all information in Member's personal profile is up to date and accurate.
Ephinity will automatically print and mail Rewards Cards to the default shipping address when member redeems Points using this Site. The default shipping address is the address supplied by you for your profile. Member agrees to promptly notify Ephinity of any change in Member's address (mail or email) or personal profile by updating his or her personal information in the My Profile section of the Website under My Account. Member's discontinued participation in Ephinity Club or failure to notify Ephinity of any address (mail or email) or profile changes may result in the termination of Member's membership and forfeiture of Member's unredeemed Points. Ephinity reserves the right to cancel or disable accounts and expire unredeemed Points in those accounts that are inactive for a period of 12 consecutive months. Inactive shall be defined as lack of one of the following: website visit, email response (clickthru), survey completion, profile update or any Point-earning or spending transaction. Ephinity reserves the right to limit the opportunities to earn Points available to Member while Member remains inactive. Member shall comply with all laws, rules, and regulations that are applicable to Member. Member acknowledges that Member may only participate in Ephinity Club if and to the extent that such participation is permitted by such laws, rules, and regulations. Ephinity refuses to enroll Member, or to restrict, modify, or terminate Member's participation in Ephinity Club, without liability to Member or any other party, if Member violates any law, rule, or regulation, or if Member's participation in Ephinity Club could violate any law, rule, or regulation.
Purchasing Products
If you make a product purchase, including but not limited to club memberships and gift cards ("Gift Card") or redeem Points for reward cards ("Reward Card" or "Gift Card") from www.ephinity.com, you are transacting with Ephinity, Inc., and ownership of any purchased items transfers to you immediately upon shipment. Gift cards purchased on the Site are provided and fulfilled by our service providers. Cards are issued by MetaBank pursuant to a license from Visa U.S.A. Inc. or MasterCard Worldwide and managed by FNIS. Cards will not have cash access and can be used everywhere Visa or MasterCard debit cards are accepted. Expiration policies and non-usage fees may apply. There is an expiration date embossed on the front of your Ephinity Card. You may not use your Ephinity Card after the expiration date. Gift cards may not be returned, unless damaged or defective. All costs and taxes are quoted in U.S. dollars. A complete set of the terms and conditions will be provided with your card. These specific additional terms entitled "Cardholder Agreement" apply to the purchase and provision of gift cards and/or reward cards. The Cardholder Agreement can be found at http://www.ephinity.com/cardholder_agreement.htm and are to be read in conjunction with, and do not supersede, these Terms Of Use. To the extent there is a conflict, these Terms Of Use apply. You must pay all applicable taxes on purchases made on this Site. Ephinity may in its sole discretion add, delete or change some or all of the prices of products and services at any time without notice, other than as set forth on this Site.
If you make a purchase from any third-parties advertised on or linked to from Ephinity Site, you are not purchasing a product or service from Ephinity. We are not involved in any transactions that are consummated between you and any of the Online Stores or advertisers whose Services are listed on our Websites. We are also not responsible for nor do we guarantee the price, terms or performance of any of the Services. If you have a dispute with one or more Online Stores in connection with the Websites or the Services, you agree to release and hereby release us (and our officers, directors, agents, employees, successors, assigns, content providers and service providers) 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. You further agree that neither Ephinity nor its affiliated companies shall be responsible for or liable for any loss or damage of any sort incurred as the result of any purchases made from any third-parties advertised on or linked to from the Ephinity Site.
Charitable Contributions
You can redeem Ephinity Rewards Points for charitable contributions, issued in the form of a check made payable to the charity, in denominations of $25, $50, $75 and $100 only ("Charitable Contributions"). Charitable contribution checks and fulfillment/contribution letters will be sent directly to the charity via USPS 1st Class mail within 1 to 3 weeks. Checks issued on behalf of Ephinity are valid for 90 days. You will receive a written confirmation of the charitable contribution within 1 to 3 weeks of redemption. Please contact Ephinity at charity@ephinity.com if the confirmation letter is not received after three weeks. Charitable contributions may not be cancelled or returned. Participating charities are subject to change. Ephinity may discontinue its relationship with any charity, at any time, without notice. Please consult your tax advisor regarding whether your redemption of Ephinity Reward Points towards a charitable contribution is tax deductible.
Registration
You may be required to register for an account on the Site in order to take advantage of certain features of the Site, such as purchasing Products, using an online shopping cart, or using our Customer Ratings and Review Service ("CRR") or "Wish List" pages. If you choose to register on the Site, or if you otherwise provide information on the Sites, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Site, and (b) as permitted, maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information to Ephinity that is false, inaccurate, outdated or incomplete, or Ephinity has reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, Ephinity has the right to suspend or terminate your account and to prohibit any and all current or future use of the Services (or any portion thereof) by you.
Cancellation Policy
You may cancel your membership at any time after your initial enrollment. To cancel, you must (a) email member services via memberservices@ephinity.com. THE REFUND POLICY FOR EPHINITY REWARDS PREMIUM IS EXPLAINED BELOW.
Ephinity will confirm receipt of your cancellation request via email. Ephinity must receive your cancellation request in accordance with this Section.
Refund Policy
For all Ephinity Rewards membership programs, if a member cancels their membership in the first 30 days of membership, a full refund will be provided upon request. If a member cancels their membership any time after first 30 days of membership, the member will not receive a refund.
Privacy and Data Collection
Our information practices with respect to personally identifiable information are further described in our privacy policy. You agree that use of data as described in the privacy policy is not an actionable breach of your privacy or publicity rights. If you have entered into another agreement with Ephinity (such as a Partner Agreement or a Merchant Agreement), then you may be subject to additional or different provisions regarding privacy and data collection.
You should consider any communication that you transmit to us (such as data, questions or answers, comments, or suggestions) as non-confidential, and agree that we will not be liable or responsible if information that belongs to you is intercepted and used by an unintended recipient. Any registration or other information you provide to Ephinity is subject to our Privacy Policy. For more information, see our Privacy Policy. Our Privacy Policy is hereby incorporated into the Terms by this reference.
Member Account and Password
If you choose to register for an account with Ephinity or to become a member of Ephinity Rewards and/or Ephinity Reward Yourself Club, you will create a username and password while completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Ephinity 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. Ephinity (and its affiliated companies) cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
Only Personal Use is Authorized
Under this Agreement, we give you permission to access and use the Services for your personal use, and to copy, distribute and transmit the content of the Services only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using the Services for your personal use. You may also print a copy of the information displayed on the Services for your personal use. That means, that except as set forth above, you may not modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, products, or service obtained by your use of the Services. This restriction means, among other things, that you may not mirror nor copy on your own website any portion of the Services or display through your own website any results pages or other information from the Services without our express permission.
The technology underlying, and content within, the Services is owned by Ephinity, Inc and/or its licensors (including Ephinity's merchants and other content providers) and is protected by copyright and other intellectual property or proprietary rights. If you use the Services other than as provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to penalties. As between you and Ephinity, Ephinity owns and retains all ownership of the technology underlying and content within the Services, and reserves all rights not explicitly granted to you in this Agreement.
Materials on the Site, Proprietary Use
You acknowledge that all materials on the Sites, including but not limited to design, text, sound, photographs, graphics, software, and other files and the selection and arrangement thereof or other material contained in any Ephinity communication, advertisements, or messages, whether by Ephinity or Ephinity's advertisers or partners, (the "Materials"), are subject to and are protected by copyrights, trademarks, service marks, patents, and/or other proprietary rights and laws. All copyrighted and copyrightable Materials are owned by Ephinity and/or its suppliers or licensors, all rights reserved. Ephinity authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials.
Except as stated herein, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, frame, or otherwise use any of the Materials in any form or by any means, without the prior written permission of Ephinity or the respective intellectual property owner. You may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. You may not interfere or attempt to interfere with the proper working of the Sites, and you may not use any robot, spider, data miner, scraper, or other automated means to access the Sites for any purpose.
Therefore, Member is only permitted to use content, Services, or software as expressly authorized by Ephinity, its advertisers and partners, as the case may be. Member agrees not to forward any Ephinity offers or promotions to others without first obtaining the express written permission of Ephinity; Ephinity offers are specific to Member's membership unless otherwise stated.
The trademarks, service marks, trade names, trade dress and logos (collectively, "Marks") contained or described on the Sites (including, without limitation, Ephinity, Ephinity Rewards, Ephinity Rewards Premium, Ephinity Rewards VIP, Ephinity Reward Yourself Club, Ephinity Rewards Card, and any Marks associated with any Products) are the sole property of Ephinity and/or its suppliers and licensors and may not be copied, imitated, framed, or otherwise used, in whole or in part, without the prior written permission of Ephinity or its suppliers or licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of Ephinity and may not be copied, imitated or otherwise used, in whole or in part, without the prior written permission of Ephinity. Ephinity will enforce its intellectual property rights to the fullest extent of the law.
Submissions
In the event that we provide users with any venues to submit opinions, reviews, ratings, information, ideas, suggestions, concepts, videos, audio content, or other material (collectively, "Submissions") on the Sites (collectively, "Venues", and including, but not limited to, "Wish List" pages, Customer Reviews and Ratings (CRR) pages, bulletin boards, chat rooms, surveys or invitations to e-mail Ephinity with questions or comments), you agree and warrant that any such Submissions are original with you and are accurate and current. You agree and warrant that you will not submit any Submission that is unlawful, harmful, harassing, threatening, abusive, hateful, libelous, defamatory, obscene, pornographic, profane, vulgar, indecent, sexually explicit or otherwise objectionable, or that would constitute a criminal offense, give rise to civil liability, violate any third party's rights of privacy or publicity or otherwise violate any applicable law or right. You agree and warrant that you will not submit any Submission that is protected by copyright, patent, or other proprietary rights without obtaining permission of the owner of such rights. You agree and warrant that the Venues will not be used by you for any commercial purposes. You agree and warrant that you will not submit any Submission to solicit funds or to promote, advertise, or solicit the sale of any goods or services. You further agree that all "moral rights" that you may have in any submitted content have been voluntarily waived by you.
You agree that any Submissions submitted by you to the Sites through the Venues or otherwise will be deemed non-proprietary and non-confidential, and may be used by Ephinity without restriction. Without limiting the foregoing, by offering any Submissions through the Sites, you grant to Ephinity the worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license to reproduce, modify, edit, publish, display, perform, adapt, distribute, sublicense and otherwise use and exploit such Submissions (and any and all proprietary rights therein that you may have) in any and all forms and media, now or hereafter discovered, without compensation or attribution to you.
Ephinity reserves the right, in our sole discretion, to edit any Submission, and to choose to include or not include such Submission in any Venue for any reason. We are not responsible for screening, monitoring or verifying any Submissions (subject to the "Copyrights and Copyright Agent" paragraph below). Any opinions, statements or other material expressed or posted by third parties are those of such third parties and not of Ephinity. Ephinity does not endorse, and shall not be responsible or liable for, any such opinion, statement or other material posted on or accessible through the Sites.
Links and Third Party Content
Links on the Sites to third-party websites are provided to enhance your Ephinity experience and to provide you, the user, with the latest available coupon and other deal listings which allow you to receive discounts or redeem other offers with respect to transactions with such Online Stores through our Site. If you use these links, you will leave the Site. Any information you provide to these third-party websites while on these third-party websites is subject to the respective third-party's privacy policy, and not Ephinity’s Privacy Policy. Ephinity does not control any such third-party websites. You agree that neither Ephinity nor its affiliated companies will be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. Ephinity does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third-party sites. You will use these links at your own risk.
Without limiting the foregoing, your correspondence or business dealings with, consumption of products or services of, or participation in promotions of, third-parties found on or through the use of the Services, including payment for 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 third party. You agree that neither Ephinity nor its affiliated companies shall 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 third-parties on the Ephinity Site.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SITES AND/OR SERVICES IS AT YOUR SOLE RISK. THE SITES AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, EPHINITY, AND AFFILATED COMAPNIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES (COLLECTIVELY, THE "EPHINITY PARTIES") EXPRESSLY DISCLAIM 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. EPHINITY shall not be liable or responsible for those guarantees, warranties, and representations, if any, offered by EPHINITY advertisers, partners, manufacturers of merchandise, or suppliers of services. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EPHINITY OR THROUGH OR FROM THE SITES AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, EPHINITY MAKES NO WARRANTY (i) WITH REGARD TO ANY PRODUCTS, SERVICES, OR REWARDS OBTAINED BY MEMBERS THROUGH EPHINITY OR THROUGH EPHINITY ADVERTISERS OR PARTNERS (ii) THAT THE SITES AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, (iii) THE SITES AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iv) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES AND/OR SERVICES WILL BE ACCURATE OR RELIABLE, (v) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS, AND (vi) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES AND/OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
Limitation of Liability
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT EPHINITY PARTIES 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 EPHINITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE PARTICIPATION IN OR USE THE SITES OR SERVICES OR THE INABILITY TO PARTICIPATE IN OR USE THE SITES OR SERVICES; (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 SITES OR SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES OR IN CONNECTION WITH THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SITES OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU acknowledge and agree that EPHINITY neither endorses the contents of advertisements or third parties' Web sites, nor assumes responsibility or liability for the accuracy of material contained therein, or any infringement of third party intellectual property rights arising therefrom, or any fraud or other crime facilitated thereby. NEITHER US NOR ANY OF THE EPHINITY PARTIES WILL BE LIABLE FOR ANY MATERIAL OF WEBSITES IT LINKS TO AS PART OF THE SERVICES OR FOR INFORMATION CONTAINED IN OR PART OF THE SERVICES INCLUDING BUT NOT LIMITED TO SEARCH RESULTS. EPHINITY is not responsible and assumes no liability for changes or discontinuances of service from providers which may affect offers or the accrual of Points. In no event shall EPHINITY'S liability, either jointly or severally, exceed $100.
Participation in Promotions of Advertisers and Online Stores Member's correspondence with or participation in promotions of Ephinity advertisers and partners are solely between corresponding Member and the advertiser or partner. Ephinity assumes no liability, obligation, or responsibility for any part of any such correspondence or promotion, including without limitation withdrawal or modification of any offer or promotion.
Member understands that, in some cases, there may be delay in the crediting of Points for promotions of advertisers or partners due to advertisers' or partners' failure to provide necessary information to Ephinity for such crediting of Points. Ephinity will not be responsible or liable for the delay or failure to credit Points in such event.
Third Party Services
To enhance the value of the Services to its Members, Ephinity may on occasion share selected personal information with third parties for the limited purposes of data verification and supplementation. Such third parties shall be STRICTLY bound by the terms set forth in the Ephinity Privacy Policy. Such third parties will agree to maintain the confidentiality and protection of your personal information, at all times during and after providing services.
Control over Features, Functions, and Access to the Services
Ephinity reserves the right to change any information, features and functions of the Services without prior notice. We may deny you access to all or part of the Services without prior notice if you engage in any conduct or activities that we determine, in our sole discretion, violate this Agreement, our rights, the rights of any Ephinity Entity or any third party, or is otherwise inappropriate.
AT ANY TIME EITHER MEMBER OR EPHINITY MAY TERMINATE MEMBER'S MEMBERSHIP WITH OR WITHOUT CAUSE. MEMBER'S RIGHT TO USE MEMBER'S MEMBERSHIP IMMEDIATELY CEASES UPON TERMINATION AND MEMBER'S UNREDEEMED POINTS SHALL BE CANCELLED.
Termination of Member's membership by Member is effective upon Member submitting a termination request through the Ephinity Web site located within the Close Account page found in the My Preferences area on the Ephinity Web site. Member understands that, in some cases, Member may still receive messages (which may have been scheduled prior to Member's termination) after termination. Member may not earn Points after termination.
Should Member object to any of the terms and conditions of this Agreement, or any subsequent modifications thereto, or become dissatisfied with Ephinity and/or any Ephinity material, Member's only recourse is to immediately discontinue using Ephinity Sites and Services and participation in Ephinity Rewards and properly terminate his or her membership. (See paragraph above.)
Ephinity reserves the right, without notice and at its sole discretion, to suspend or terminate the membership and/or your ability to access or use the Sites and/or Services, and to block or prevent future access to and use of the Sites and/or Services for any reason of any Member who appears to be using Ephinity in a manner inconsistent with this Agreement, the intent of this Agreement, or any Ephinity rules, or other conduct by you that Ephinity considers inappropriate.
Ephinity reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites and/or Services (or any part thereof) with or without notice. You agree that neither Ephinity nor any Ephinity Parties shall be liable to you or to any third party for any modification, suspension or discontinuance of the Sites and/or Services.
Non-Transferability
Member's right to use Ephinity is non-transferable. Points are non-transferable and are void if transferred. Member's membership will terminate immediately in the event of Member's death. Points and/or rewards may not be bartered or sold. Ephinity accounts and Points are not transferable upon death or as part of a domestic relations matter or otherwise by operation of law.
Amendment
Ephinity reserves the right to amend this Agreement, and/or any part thereof, at any time by posting the amended terms on the website. Except as stated below, all amended terms are automatically effective 15 days after they are initially posted. Member understands the most recent version of this Agreement will be located on the Ephinity Web site under Terms of Use.
Member's non-termination or continued use of Ephinity constitutes an affirmative acknowledgment by Member of any modification to the Member Terms of Use Agreement and consent to abide and be bound by any terms thereof. At any time, if Member does not agree with the Member Terms of Use, Member may terminate Member's membership.
Ephinity reserves the right to modify or discontinue the Ephinity Services with or without notice to Member.
Ephinity shall not be liable to Member or any third party should Ephinity exercise its right to modify or discontinue the Ephinity Services.
Member's continued participation in the Program shall constitute an affirmative acknowledgment by Member of any amendment or modification to the Terms Of Use and Member's consent to abide and be bound by said Terms Of Use as amended or modified.
Notices
All notices given by Ephinity to Member will be given by email or by general posting on the Ephinity Web site. By use of the Sites and/or Services, you consent to receive electronic communications from Ephinity (via email or via a posting on the Sites), and you agree that any such communications satisfy any legal requirement to make such communications in writing.
Indemnity
You agree to indemnify and hold Ephinity and Ephinity Parties harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of the Terms or your violation of any law or the rights of a third party.
Defamation, Copyright and Trademark Claims
We are a provider of an interactive computer services for purposes of 47 U.S.C. section 230. As such, its liability for others' conduct and information is limited as described therein.
Ephinity respects the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied on the Sites and/or Services in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Ephinity’s Copyright Agent the below information
Pursuant to the Digital Millennium Copyright Act, We have designated an agent to receive notifications of alleged copyright infringement on the Services:
Copyright Agent
c/o Ephinity
15525 Victoria's Way
Montgomery, TX 77316
ATTN: Legal Department
Or email: copyright@ephinity.com
