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FreeMP3Power Terms and Conditions
Revised: November 15, 2005

Please read carefully
By using the FreeMP3Power Web Site (the "Site", or "we") You ("Member") are deemed to have agreed to these terms and conditions of use ("Terms and Conditions") and our Privacy Policy. Our privacy policy can be accessed and reviewed here. If you do not accept our Terms and Conditions, you may not use the Site.

1. MEMBERSHIP
1.1. To qualify for memberships, you must:
  1.1.1. Provide accurate information when registering for the Site, and in response to any offers
  1.1.2. Be over the age of majority in the community in which you reside (eighteen (18) years, or over the age of twenty one (21) in those states where 21 is the age of majority)
  1.1.3. Be a legal resident of the United States of America
  1.1.4. Have a valid email address
  1.1.5. Have a valid postal address (PO Boxes are not allowed)
  1.1.6. Not attempt to create more than one account per person and/or household
2. FREE GIFT
2.1. To qualify for your free gift, you must:
  2.1.1. Satisfy all requirements for membership as noted in Section 1
  2.1.2. Respond to all survey questions
  2.1.3. Complete the required number of product offers. There are 9 offers that must be completed, One (1) offer from Group 1, Two (2) offers from Group 2, and Six (6) offers from Group 3.
    2.1.3.1. For us to properly track your offer, you must:
      2.1.3.1.1. Select it from within our Site, and complete the offer immediately.
      2.1.3.1.2. Use the same email address to complete your offers that you provided to us when you created your account.
      2.1.3.1.3. Ensure that your browser is configured to accept all cookies
  2.1.4. Complete all requirements within ninety (90) days of the date you register with the Site.
2.2. Failure to be credited for an offer:
  2.2.1. We are not responsible for delays in reporting offer completion or failure to receive credit for an offer. The time it takes to receive credit for an offer varies greatly.
  2.2.2. We reserve the right to deny credit for an offer for a variety of reasons including, but not limited to, a violation of these Terms and Conditions, the items noted in section 2.1.3.1, and negative feedback from an advertising partner.
  2.2.3. You responsible for saving all receipts and confirmations they receive associated with offer completion. If you have completed the offer as required, and waited a sufficient period of time, you may contact us at cs@freemp3power.com with supporting documentation and your account information. Please note, however, we do reserve the right, at our sole discretion, to deny credit for any offer.
2.3. We reserve the right to substitute a gift with another of similar value for any reason.
3. Term and Termination
3.1. You may terminate your membership with the Site at any time by contacting customer service at cs@freemp3power.com.
3.2. We reserve the right to terminate your membership without notice, with or without cause, at our sole discretion, for any reason, including, but not limited to:
  3.2.1. Your violation, failure to perform, or breach of any part of this agreement.
  3.2.2. Any activity, as determined in our sole discretion, that constitutes fraudulent activity. The reasoning behind this will not be disclosed.
3.3. If your account is terminated, you are not permitted to re-enroll in the Site, and you may also forfeit your gift.
4. Modifications
4.1. We reserve the right, at any time and without prior notice, to modify the Site, or any element contained within the Site including, but not limited to, the methods through which free items are earned. The date of the current version of these Terms and Conditions is noted above. Your use of the Site, or continuation of membership, after any modification, shall be deemed to be your assent to any such modifications.
5. Cooperation with Investigations
5.1. We reserve the right to cooperate in any investigation relating to activities involving any violation of this Agreement, including disclosure of your account information to third parties.
6. Indemnification
6.1. You hereby agree to defend, indemnify and hold us and our subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, affiliates, members, and other owners, harmless against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs and expenses (including reasonable attorneys' fees [any or all of the foregoing hereinafter referred to as "losses"]) insofar as such losses, or actions in respect thereof, arise out of or are based on (1) any failure or breach of any representation, warranty, covenant, or agreement made by you herein; (2) any misuse of the Site's name or Site's Marks; or (3) any claim related to your site, including, without limitation, content therein not attributable to us.
7. No Joint or Collaborative Venture
7.1. Nothing in this Agreement is intended to create or constitute a joint or collaborative venture, employment relationship or partnership of any kind between you and the Site. You acknowledge and agree that we have no control or ownership interests of any kind in your business or your website. You acknowledge and agree that you have no financial or other interest in the Site or any property owned by the Site, its affiliates, licensees, agents, successors or assigns.
8. Limitation of Liability
8.1. Neither we nor our subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, affiliates, members, and other owners, will be liable for indirect, incidental, special, or consequential punitive or multiple damages, including without limitation any damages resulting from loss of use, loss of business, loss of revenue, loss of profits, or loss of data, arising in connection with this Agreement, the Site's performance of services or of any other obligations relating to the Agreement, even if we have been advised of the possibility of such damages. Further, our aggregate liability, and your total recovery, arising with respect to this Agreement will not exceed the total value of the gift attributable to you under this Agreement or One Thousand ($1,000.00) Dollars, whichever is less. The foregoing limitation of liability shall apply regardless of the cause of action under which such damages are sought.
9. Survival
9.1. All your warranties, indemnities and obligations, which by their nature are designed to survive termination, shall extend beyond the termination of this Agreement.
10. Entire Agreement; Modification; Assignment
10.1. This Agreement constitutes the entire agreement between you and the Site with respect to the subject matter hereof and supersedes and cancels all other prior agreements, discussion, or representations, whether written or oral.
11. Waiver
11.1. You acknowledge and agree that the failure of the Site to enforce any of the specific provisions of this Agreement shall not preclude any other or further enforcement of such provision(s) or the exercise of any other right hereunder.
12. Assignment
12.1. You agree that all promises, obligations, duties and warranties made by you in this Agreement are personal to you and that neither they nor any benefits hereunder may be assigned by you to any other person or entity. We may at any time, and without prior notice to you, freely assign all or part of its duties, obligations and benefits hereunder.
13. Arbitration; Choice of Law
13.1. The parties agree that any dispute, claim or demand arising out of or in relation to this Agreement (excluding claims concerning the validity, ownership or control of the Site's Marks; any claim asserted by one party against the other party arising out of the subject matter of any court litigation or proceeding commenced by any third party against one party in which the other party is an indispensable party or third party defendant; or any claim asserted by a third party which is not bound and will not, upon request of either party, agree to arbitrate subject to the arbitration rules provided herein against one party in which the other party is an indispensable or necessary party) which are not first resolved informally, shall be determined by binding arbitration in Toronto, Canada in accordance with the Rules of Procedure for the Conduct of Arbitrations of the Arbitration and Mediation Institute of Ontario in effect on the date of commencement of such arbitration. The jurisdiction of the arbiter (or arbiters) with respect to legal matters shall be limited only by the statutory and common law of the Province of Ontario and Canada.
14. Severability
14.1. If any provision of this Agreement is held to be unenforceable under applicable law, such provision shall be excluded from this Agreement, and the balance of this Agreement shall be interpreted as if such provision was so excluded and shall be enforceable in accordance with its modified terms.
15. Independent Review
15.1. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETITIVE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE AFFILIATE NETWORK AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN ASSET FORTH IN THIS AGREEMENT.
16. Headings
16.1. The headings in this Agreement are for convenience only and do not in any way limit or amplify the terms or conditions of this Agreement.