Please read this agreement carefully before participating.
1. Participation (Voluntary):
2. Terms of Voluntary Participation and Policies:
Your participation in this Program is voluntary and is effective until terminated by either Enada or you. Either we or you may terminate your program participation at any time, with or without cause, by giving the other party written notice of termination. Notice of termination may be given to you using the email address you provided during the registration process. Notice of termination may be given to us by sending an email to [email protected] You are only eligible to accumulate referral rewards on sales occurring during the term of your program participation. Unused rewards expire 180 days after the date when they are posted as “Available” in your Enada account.
3. Modification and Termination of the Program:
We may modify the terms and conditions, terminate the Program at any time and by our sole discretion, by posting a change or termination notice on Enada.com. Modifications may include, for example, changes in the scope of available referral rewards, reward schedules, redemption procedures and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE YOUR PARTICIPATION IN THE PROGRAM. YOUR CONTINUED PARTICIPATION IN THE PROGRAM WILL CONSTITUTE BINDING ACCEPTANCE OF ANY CHANGES. In the event of termination of the Program by us, our obligation is to distribute Program rewards to you at our sole discretion, either in the form of rewards to be used towards Enada.com purchases or a check (as the case may be) is limited to a maximum of three months of rewards, calculated based on your rewards for the month prior to the month in which the Program is terminated.
4. Independent Investigation:
YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS PROGRAM. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THESE TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THESE TERMS AND CONDITIONS.
5. Tax information:
You will be responsible for any and all tax liability arising from any rewards you accumulate under the Program. We are obligated by U.S. federal law to obtain tax information from Program participants who are U.S. citizens or U.S. residents (W-9) and from Program participants who are not U.S. citizens or residents but whose businesses are taxable in the U.S (W8-ECI). If we believe you are a Program participant from whom we are obligated to obtain tax information and you do not provide this information to us after we have requested it, we may withhold your referral Rewards until you provide this information or otherwise satisfy us that you are not a person from whom we are required to obtain tax information.
6. Copyrights, Trademarks and other Intellectual Property:
The material included in the Enada.com web site and the Program, including site and Program design, text, graphics, and the selection and arrangement thereof are copyrighted by us with all rights reserved. Enada and all page headers, custom graphics and custom icons are our service marks and trademarks. Other trademarks, product names and company names or logos are the property of the respective owners and may not be used on our Site without the consent of the owners of such protected information. Other than as may be allowed by these terms and conditions or the Program, any use of any portion of our graphics, ad copy, and other materials owned by our company is considered infringement of our copyright, trademark or other intellectual property rights (including patent rights) and will be legally pursued as such.
7. Promotional Activity
You may promote your Enada Rewards link on a personal blog as well as available social media accounts (e.g. Facebook, Twitter and Google +) subject to the terms and conditions of those accounts. In doing so, we ask that your blog and your social media profile appear like an average person’s profile. For example your social media profile should not contain an avatar that could be misinterpreted to look like Enada’s. Likewise your blog or website should not look like Enada.
You may also email your Enada Rewards link or send a text message to friends and family. In doing so, you represent and warrant that you will not engage in and/or facilitate spamming, unsolicited commercial email or otherwise fail to comply with the CAN-SPAM Act of 2003 (Public Law 108-187) or any successor legislation, and/or any other laws and/or regulations that govern email marketing and/or communications.
When promoting your Enada Rewards link, you cannot mislead or misrepresent yourself to others. This includes using phrases such as “click me, save $10, first time customers” in your MyPage profile link name.
You may not purchase or use domain names that include the word “Enada” or certain variations and misspellings. We don’t want to confuse the general public about which are the official Enada websites.
Likewise, you are not permitted to participate in any advertising including paid search that includes the word “Enada” or certain variations (e.g. Enada coupon) and misspellings. The Enada Rewards Program is not intended for commercial purposes.
8. Program Participation:
By participating in the Program, you represent that you are at least 18 years of age. The Enada Rewards program can only be used by one customer account per household. Any misuse of the Program will result in immediate termination and forfeiture of all accumulated Rewards.
9. Additional Right to Terminate:
We reserve the right to terminate any account and its rewards provided by the Program if the original customer’s order is deemed fraudulent or credit card charges are disputed.
10. No Statements Regarding Product Claims:
By participating in the Program and by accepting these terms and conditions, you agree to indemnify us for any and all claims, losses, damages, liabilities and causes of action (including expenses and attorney fees) incurred by us arising out of or relating to your breach or alleged breach of these terms and conditions (including without limitation claims by third parties for infringement of intellectual property rights). You agree to cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will still be required to indemnify us for the attorney fees and expenses in addition to any losses, claims, damages and liabilities incurred by us.
12. Limitation of Liability:
WE SHALL NOT BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED EITHER BY YOU OR BY OTHER PERSONS AS A RESULT OF YOUR PARTICIPATION IN THE PROGRAM, YOUR USE OF THIS WEB SITE, YOUR FURNISHING OF PRINTED PROMOTIONAL MATERIALS IN VIOLATION OF THE TERMS & CONDITIONS TO OTHERS OR YOUR DESCRIBING THE PROGRAM TO OTHERS (WHETHER IN PERSON OR BY ANY OTHER MEANS), OR OF ANY FAILURE OR DELAY BY US IN ADMINISTERING THE PROGRAM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE DAMAGES, CLAIMS OR LOSSES FOR WHICH WE ARE NOT LIABLE INCLUDE, WITHOUT LIMITATION: (A) DAMAGES FOR INJURY TO YOU OR YOUR PROPERTY, (B) DAMAGES FOR INJURY TO THE PERSON OR PROPERTY OF OTHERS (INCLUDING ANY DAMAGES FOR LOSS OF INCOME OR PROFITS) OR (C) COMPENSATORY, INCIDENTAL OR EXEMPLARY DAMAGES.
13. No Warranty:
THE PROGRAM IS BEING PROVIDED TO YOU “AS IS”, WITH NO EXPRESS OR IMPLIED WARRANTY OR CONDITIONS. WE EXCLUDE ALL CONDITIONS, REPRESENTATIONS, WARRANTIES AND OTHER TERMS WHICH OTHERWISE MIGHT BE IMPLIED OR INCORPORATED INTO THESE TERMS AND CONDITIONS TO THE MAXIMUM EXTENT PERMITTED BY LAW. THIS INCLUDES BUT IS NOT LIMITED TO IMPLIED WARRANTIES AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
These terms and conditions and/or any dispute, litigation or arbitration arising from or in any way related to these terms and conditions or the relationship of the parties, whether the claims asserted in such dispute, litigation or arbitration are based on contract, tort, equitable relief or on any other basis shall be governed, construed and enforced in accordance with the laws of the United States and the State of California, without reference to rules governing choice of laws.
Any litigation arising from or in any way related to these terms and conditions or the relationship of the parties must be brought in the federal or state courts located in San Diego County, California. You irrevocably consent to the jurisdiction of such courts and venue in San Diego County, California.
You may not assign these terms and conditions, by operation of law or otherwise, without our prior written consent. Subject to that restriction, these terms and conditions will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and assigns.
Our failure to enforce your strict performance of any provision of these terms and conditions will not constitute a waiver of our right to subsequently enforce such provision or any other provision of these terms and conditions.
If any provision of these terms of conditions or the Program is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from these terms and conditions or the Program (as the case may be) and the remaining provisions of these terms and conditions and the Program will remain in force.