Terms & Conditions

Membership Agreement

MEMBERSHIP:  To maintain a Membership in the FreePiphany™ program, You must meet the following requirements and FreePiphany™ reserves the right to terminate the Membership of anyone who fails to meet these requirements on an ongoing basis:

• Members must be 18 years of age or older
• Members of FreePiphany™ must be legal residents of the United States of America
• Members must have a valid email & valid shipping address (No P.O. boxes)

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. Corporations or other business entities are not eligible to participate. You may only sign up once and maintain one Membership in the Service. FreePiphany™ reserves the right to terminate duplicate accounts, resulting in the potential loss of accumulated account credits.

Program Enrollment:  To the full extent allowed by applicable law, FreePiphany™ 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 FreePiphany™ 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. FreePiphany™ 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 FreePiphany™. You may not impersonate or misrepresent Your identity. FreePiphany™ reserves the right to terminate any account, and associated membership, containing untruthful or erroneous information. FreePiphany™ is not responsible for lost payments or communications due to Your failure to provide FreePiphany™ with valid contact information as reasonably necessary. Members 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 FreePiphany™.

Emails:  By signing up for FreePiphany™, You are opting-in to receive FreePiphany™ newsletters and other special offer emails from FreePiphany™ 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 FreePiphany™, a request will be sent to the emailing service and may take up to 48 hours to take effect. At this juncture, FreePiphany™ 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 or to receive payments to You; You may not use anyone else's password or account or act to accrue points for anyone else's account; You are responsible for keeping Your password secret. FreePiphany™ 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:  FreePiphany™ 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 FreePiphany™ Service; (c) acting against the business interests or reputation of FreePiphany™; (d) otherwise acting unlawfully in relationship to FreePiphany™, the FreePiphany™ website or the FreePiphany™ Service; (e) breach of our Spamming Policy; (f) inactivity (defined as the failure to earn any free gift in Your FreePiphany™ account) for a continuous six-month period; or (g) any other reason at the discretion of FreePiphany™. If Your account is terminated by FreePiphany™, You may not re-enroll or join under a new account unless formally invited to do so by FreePiphany™.

Account Cancellation:  If a member no longer wishes to be a member of this site, they should cease to access their account, and nothing more will happen with their information. FreePiphany™ will automatically cancel a membership due to a six-month period of inactivity. So, simply discontinue use of any FreePiphany™ services.

Member Responsibilities:  Member shall not tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of any part of FreePiphany™. Member shall not use robots or scripts with FreePiphany™. Violation by member will result in termination of membership, loss of all accrued points and barring from future participation with the service of FreePiphany™. Any decision made by FreePiphany™ 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

Redemption Process Requirements:  FreePiphany™ members must: (a) Choose a gift (b) provide and submit their email address and password which has been verified by FreePiphany™ (c) provide and submit their valid current mailing address (d) provide and submit their correct first name (e) sign-up, get approved for and activate (where applicable) the stated required amount of offer(s) per offer group. (1) offers needs to be completed from the "Exclusive Deals 1" offer group, (1) offers need to be completed from the "Exclusive Deals 2" offer group, and (1) offers need to be completed from the "Exclusive Deals 3" offer group, respectively, for a total of 3 offers. *For credit card offers, You must activate Your card by making a purchase, transferring a balance, or making a cash advance. Members will only get credit for 1 credit card offer per issuer (For example, if you somehow complete 2 Discover offers you will only get 1 credit). In the case where a member completes more than the required number of offers in a specific offer group, only the required number will be credited to the member's account, (f) respond to all survey questions by selecting Yes or No (g) remain an active member for up to 30 days or observe a waiting period of up to 30 days for all sponsor offers (h) complete and submit a Gift Redemption Form within 6-months after the date your last completed offer reports to your account page, (i) if a member joined prior to July 2006, and wants to redeem a gift no longer promoted, he/she has to finish the required number of offers as stated at the time he/she signed up (offers available via the account page). These conditions are mandatory for member to receive their gift. We will send You a confirmation email and Your free gift will be sent via Fed Ex within 30 days!

OFFERS:

Completion of Offers:  Members may only receive credit for first time offer completions. If the member has previously signed up for an offer elsewhere, he or she cannot receive credit for completing that offer on our network. For example, a member who is already a member of Netflix may not sign up for a Netflix subscription offer through our website.

The member must complete the offer by clicking on the offer from this website and nowhere else (including any of our affiliates, competitors, or the offer provider's website). Members must click the offer link via our page in order for us to correctly track and credit their completion. Note that some applications like spyware blockers or popup blockers may preclude these links from functioning correctly.

In order to receive proper credit for completing an offer, a member must make sure that his or her browser settings are set to accept all cookies; and that they click our exact offer link to get to the offer provider's website.

Failure to be Credited for an Offer:  FreePiphany™ does not guarantee that a member will receive credit for an offer. We reserve the right to refuse to credit a member for completed offers for a variety of reasons, including, but not limited to, lack of appropriate information, improper sign-up method, improper browser settings, and/or a history of manual credits. Manual credits are offers that are credited through emailing confirmation of completion.

We are not responsible for delays in reporting offer completions or failures to receive offer credits. The time it takes to receive credit varies greatly. Please do not contact any of the advertisers. They will not be able to assist You. Please be patient as some advertisers take 2-3 weeks to report back to us.

The member is responsible for saving all of the confirmation emails they receive associated with offer completion. We will not manually credit a member for an offer without receiving a confirmation email from that member. A confirmation email is an email that a member receives from an offer provider after their offer requirements have been fully completed. However, presenting a confirmation email does not guarantee that a member will receive credit.

If a member believes that they have fully completed an offer and yet, has not been credited, the member should once again make sure that they have in fact met all of the requirements stipulated by the offer provider and should verify that he or she has waited the appropriate amount of time for offer completion to be reported back to this website (this amount of time varies per offer). If the member confirms that they have performed all of the necessary actions, and has waited an appropriate period of time, he or she should contact us via our Contact Us link on our website. The member should note, however, that FreePiphany™ reserves the right to deny credit for an offer.

Terms of Offers:  FreePiphany™ 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.

All members complete offers through affiliates at their own risk. We are not responsible for services or products associated with our affiliate offer providers. If there is a complaint about services or products received from an affiliate, members should directly contact the offer provider in question.

Partner Offers:  If You are accepted as a Member of the FreePiphany™ Service and meet all the requirements provided in this Agreement You may earn free gifts for completing partner offers. Member agrees to comply with this Agreement of FreePiphany™ and its advertisers, sponsors, and partners in the process of completing any offer presented by or in conjunction with FreePiphany™. FreePiphany™ reserves the right to terminate any account violating this Agreement or the Agreement of any of its advertisers, sponsors, or partners.

You agree and understand that although FreePiphany™ will make reasonable efforts to make the activity detection process fair and consistent; FreePiphany™ does not guarantee the precision of the process. You will only be credited for completing offers as reasonably determined by FreePiphany™.

There are certain conditions necessary for FreePiphany™ members to receive a free gift. FreePiphany™ members must have cookies enabled. FreePiphany™ members must access the partner site through FreePiphany™. These conditions are mandatory so that the partner will know that the FreePiphany™ member used FreePiphany™ to reach the partner site. You agree that all redemption processes shall be done through the Member Accounts page on FreePiphany™.

FreePiphany™ does not warranty, guarantee, or insure the quality of any product or service requested from one of the partner offers.

ORDERS:

Your order will be shipped to the shipping address provided by You in the Shipping Information form. Orders placed are subject to availability and delays set by the United States Postal Service or other shipping service. FreePiphany™ will make all reasonable attempts to process and ship all due merchandise within a reasonable timeframe as stipulated in the Help section.

FreePiphany™ reserves the right to change free gift requirements for any product offered within FreePiphany™ at any time. FreePiphany™ does not warranty, guarantee, or insure the quality of any product ordered through FreePiphany™. FreePiphany™ will make all reasonable efforts to compensate You for merchandise determined dead-on-arrival (DOA), but is subject to terms set by and the cooperation of the vendor through which the product was purchased. FreePiphany™ claims no liability beyond this.

Limit of one gift per household and/or IP address.

After a member receives a product, if we determine that the member fraudulently completed the requirements, we have the right to take legal action against the member.

FreePiphany™ reserves the right to: a) substitute any gift item with another of similar functionality and/or value b) send a member the cash equivalent of the gift item. FreePiphany™ is not responsible for out-of-stock or discontinued offers. You will receive Your Free gift (or equivalent if discontinued) if and when items become available.

For gift cards (or gift certificates), FreePiphany™ reserves the right to send more than one gift card (or gift certificate) that equates to the stated prepaid price. For instance, two $50.00 prepaid gift cards may be substituted for one $100.00 prepaid gift card.

On occasion, products may be back ordered or discontinued from our supplier or their manufacturer. In cases involving backordered products, products will ship as soon as they are made available. In cases involving discontinued products, we will re-issue You credit so that You can order another product of an equivalent value on our site.

Also, gifts that we ship may not look exactly like the pictures shown on FreePiphany.com.

Monitoring Your Free Gift Status:  You may view the status of Your free gift(s) in the FreePiphany™ "Offer Status" section. At this point, the information is not updated in real-time as credits are accrued, but FreePiphany™ will try to keep the amounts updated in a reasonable fashion. If You have any questions regarding Your account balance, please contact FreePiphany™ support.

Older Gifts: :  Members who have joined prior to July 2006 who are trying to complete offers for gifts no longer promoted by FreePiphany.com, will have to access the required offers via their account page. Any new offers presented elsewhere, if completed, will only be credited towards the gifts currently being promoted.

Your Relationship With Advertisers:  Your relationship with merchants or advertisers whom FreePiphany™ delivers offers for on both our publisher sites and FreePiphany™, 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 FreePiphany™ 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.

Termination:  If a Member's account is terminated by FreePiphany™, FreePiphany™ may refuse to honor some or all of the free gifts credited to the terminated Member's account if such gifts were earned in violation, or after violation, of this Agreement or were otherwise unlawfully obtained by the Member. Similarly, FreePiphany™ will have no obligation to honor a Member for gifts credited to the Member's account that were earned in violation or after violation of this Agreement by any of the Member's direct or extended referrals. If Your account is terminated by FreePiphany™, You may not re-enroll or join under a new account unless formally invited to do so by FreePiphany™.

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, FREEPIPHANY™ 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. FREEPIPHANY™ 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 FREEPIPHANY™ 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 FREEPIPHANY'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 FREEPIPHANY™.

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 FreePiphany™ 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 FreePiphany™ account or other benefits You receive as a FreePiphany™ Member to anyone. Any attempt by You to assign or delegate this Agreement shall be null and void. FreePiphany™ may assign this Agreement at its sole discretion.

SECURITY:  To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, FreePiphany™ 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, FreePiphany™ 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 FreePiphany™ in connection with general membership in FreePiphany™ 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.