Terms and Conditions

To ensure that you, as a Member of Loyalty Power 7 Program, fully understand what service you will receive, what you will be paid for, when you will be paid, what rights you have as a Member and what our responsibilities are to you, we have created this document, "Terms and Conditions".  By becoming a Member of the Loyalty Power 7’s Program, you agree that you have read, understood, and agreed with the following Terms and Conditions, and consent to be bound by all said Terms and Conditions, including any future amendments or updates.


Update on: August 15, 2017

Preamble 



Loyalty Power 7, Inc, with registered office at 5644 Tessie Court, New Market, MD, 21774, operates an online coupon and rewards program (“Program”) on LoyaltyPower7.com (“LP7 Website”), which enables the participants (“Members”) to receive benefits through using the coupons and discounts from Loyalty Power merchants/advertisers ("Merchants”) that are displayed on LP7 Website and to receive bonuses or other rewards for referring new Members. This agreement (“Agreement”) is between the Member (namely, you) and the Loyalty Power 7, Inc (“LP7”). The terms and conditions governing Merchants and LP7 are subject to a separate set of terms – Online Advertising Terms and Conditions, as may be amended from time to time.

 

1        Becoming a Member


1.1        Participation in the Program is limited to individuals who are 18 years or older.  By enrolling as a Member in the Program, or by utilizing any of LP7's online services, you agree to be bound by this Agreement.
1.2        To enroll as a Member, you must provide your personal information requested on the registration page of the LP7 Website and add your payment information accordingly. We offer two types of membership: Prime membership and Elite membership, the benefits of which will be described on the sign-up page. Membership fee will be incurred as a consideration for the benefits Members receive through the Program. Prime membership costs $10 per month and Elite membership costs $100 per year. There will be a 30-day free trial for both memberships. After your free trial, we will charge the corresponding membership fee according to the payment information you provided to us. You will receive a confirmation email following the payment. You become a Member upon the receipt of the confirmation email.
1.3        You agree to authorize an automatic payment made to LP7 in the beginning of each month or each year, subject to the type of membership you choose, for the membership fee. To provide an authorization, you should set up a recurring payment, a subscription, or automatic billing with LP7. You may change your payment information anytime on your dashboard on LP7 Website. If LP7 fails to receive the payment on time, LP7 has the right to deactivate or freeze your account. However, LP7 may also choose at its discretion to deduct the same amount as the past due membership fee from the Referral Bonus (defined in Section 3.1) you have received in your LP7 account without further notice. LP7 will not unfreeze your account unless you pay in full all the past due membership fee, provided that such payment must be made within 6 months after the occurrence of the freeze, or otherwise, your membership will be terminated according to Section 8. Please be aware that no Referral Bonus will be generated or applied to you when your account is inactive or frozen.
1.4        Please be aware that you shall not use the Program for any illegal or fraudulent activity. You may not use scripts or disguised redirects to derive financial benefit from LP7.

 


2        Coupons and Discounts Benefits


2.1        Upon becoming a Member, you may enjoy the Program provided by LP7. To use the Program, choose a store, product, coupon or other offer (collectively, “Online Coupon”) displayed on the LP7 Website, click the accompanying shopping link to be directed to a Merchant’s website, and apply an Online Coupon on your net purchase amount. You may also enjoy Online Coupons on purchases made 'in-store' at a limited number of stores by presenting an LP7 coupon at time of check out. Such stores and coupons are clearly identified on the LP7 Website. Specific Online Coupons vary by store and product category and are described in detail at LP7 Website. Please note that the net purchase amount excludes taxes, fees, shipping, gift-wrapping, discounts or credits, returns or cancellations, and extended warranties.
2.2        Certain Merchants exclude a limited number of products and purchases from the Program. LP7 does its best to minimize and maintain an up-to-date list of exclusions on LP7 Website. Additionally, to make sure that you get your Online Coupon, you must complete your purchase during the same shopping session you start after clicking on the LP7 shopping link. If you visit other sites before completing your purchase or use coupons not provided by LP7, your purchase might be associated with a service other than LP7, and you might not enjoy the Online Coupon on your purchase. If you disable “cookies” on your computer, you will not be able to apply the Online Coupon, as cookies are used to authenticate the user and be certain you have the right to enjoy the Online Coupon.
2.3        Online Coupons on LP7 Website are subject to changes without notice. LP7 will use its best effort to keep the Online Coupon up to date, but LP7 is not responsible for changes to, or discontinuance of, any Merchant, or for any Merchant’s withdrawal from the Program. LP7 is not responsible for changes to, or discontinuance of, any Online Coupon at a Merchant’s site. You are responsible to make sure that a discount, special pricing, or free offer is present in the checkout process of a Merchant. 

3        Earning Referral Bonuses & Other Rewards


3.1        LP7 offers monetary bonuses or other rewards for referring others to become Members or for fulfilling specific requests. The terms and conditions accompanying such offers will govern in respect of how they are earned and paid if different from this Agreement. To qualify for a referral bonus (“Referral Bonus”), a Member must refer a new, unique person to join LP7 and such person must become a Member according to Section 1 as a result of such referral. An individual person may earn a Referral Bonus per individual person referred. Please note that Referral Bonuses are given for purpose of attracting brand new Members to LP7 only.
3.2        A referral can be accomplished by a new Member to register through a referral link provided by LP7 or to provide identifying information of another existing Member in the registration process. If the new Member fails to link his or her referrer to his or her account for any reason at the time of registration with LP7, LP7 is not obliged to associate such referral with the existing Member or pay the corresponding Referral Bonus. The determination of whether or not a referral qualifies for Referral Bonus is at the sole discretion of LP7.
3.3        LP7 pays Members their Referral Bonus and other rewards every month. The amount of your Referral Bonus is calculated based on a certain percentage then listed on the LP7 Website of (i) membership fee paid by, and (ii) respective monthly referral bonus earned by, the Member(s) that you referred. Each payment that LP7 makes to a Member represents the Referral Bonus and other rewards such Member has earned and accrued during the prior month of the payment. The minimum payment amount is $5.01. Balances below $5.01 remain in your account for potential payment during the next payment period. LP7 pays Members in U.S. dollars via Paypal, and other payment options, as needed. LP7 will use its best efforts to process the payment as early as practical to ensure that you receive it without delay.
3.4        To receive Referral Bonus and any other rewards, you must establish and maintain an active account with LP7 ("Active Account") with the information necessary to process your payment: a valid PayPal account at which you are able to receive payment, a valid email address at which you are able to receive email, a valid postal address at which you are able to receive mail, your first and last name, a password to protect your account and any other information as may be deemed necessary by LP7.
3.5        If LP7 has any reason to suspect fraudulent or illegal activity is associated with your account, LP7 reserves the right to delay or withhold payment of Referral Bonus. LP7 is not responsible for lost or stolen payments in your account. Additionally, LP7 is not responsible for payments delivered to a wrong address through no fault of LP7 or for payment errors made by payment partners like PayPal.
3.6        Participation in the Program and the opportunity to earn any possible bonus are offered at the sole discretion of LP7, and LP7 has the right to change this Agreement in whole or in part, at any time, with or without notice, and with no liability of any kind to you.

 


4        Maintaining Your Account


4.1        You must log into LP7 Website and enter your password to change your account information and maintain your account. To maintain your Active Account, you must update your information if it changes at any time within the last twelve (12) months. You may check your account status and recent earning history at any time on the LP7 Website. For security purposes, it is recommended that you memorize your password and not write it down. You are responsible for keeping your password and other account information confidential. LP7 is entitled to act on instructions received under your password and is not responsible for any credits or debits made to your account by someone else who uses your password.
4.2        It is your responsibility to check your account regularly, to ensure that your Referral Bonus has been properly credited and paid and that your account balance is accurate. If you do not believe that your Referral Bonus has been correctly credited to your account, you must contact LP7 customer service within 90 days of the qualifying referral. Should you disagree with any adjustments made to your account or payments made to you, your sole remedy is to withdraw from the Program.
 

5        Receiving Communications from LP7


5.1        By signing up for membership at LP7, you agree to receive communications that are account and membership related (e.g., that we've added money to your account, that we are transferring money to your PayPal account on a certain date, etc.) as well as periodic shopping-related emails that highlight coupons & special deals that are available to LP7 Members. You can opt-out of receiving emails that are not account-related by either (i) visiting your account page and clicking on the subscriptions link, or (ii) following the unsubscribe link on any of the emails. Since we need to communicate account information with you in order to operate our service, you cannot unsubscribe from account information emails. But rest assured that we don't send account emails unnecessarily. If you do not wish ever to hear from LP7, even if just to hear that we awarded you Referral Bonus or any other rewards, you can close your account by contacting LP7 customer service.

 


6        Protecting Your Information

 

6.1        LP7 does not sell or rent your information to any third party. LP7 requires your name, address, PayPal account information and other information in order to charge you a membership fee and send you payment of Referral Bonus and other rewards you earned through LP7. Any other information gathered by LP7 will be used only to improve your LP7 experience, for example, by minimizing the irrelevant content or offers you see and increasing the offers you see from your favorite stores. Such information might include your favorite stores, preferred types of coupons or shopping categories. As detailed in LP7's Privacy Policy, LP7 does not disclose your information to any third party except as necessary (i) for LP7’s agents and service providers to make LP7's payments to or charge payments from you; (ii) to comply with government agency or court orders or requests; (iii) in providing aggregated or non-personalized marketing services for advertising or store partners; or (iv) for LP7's agents and service providers to send LP7's communications to you.
6.2        As a condition to using the Program, you agree that LP7 has the right to collect, retain, and use, subject to and in accordance with the terms of its Privacy Policy, information collected in your use of the Program. Your credit card information will be encrypted and stored in the LP7 databases.

 


7        Using LP7 Applications


7.1        LP7 does not install or require you to install any software to access the Program. Members can receive Online Coupons on their purchases by using only the LP7 Website. LP7 plans to make available a limited number of applications (“Application”) to assist users in receiving Online Coupons without visiting LP7 Website (for example, from mobile devices or in-store). If you use LP7's Applications, you agree to use them only for your personal use and for accessing the Program. LP7 reserves the right to update or discontinue its Applications at any time. You agree not to reverse engineer, decompile, disassemble, copy or otherwise derive the source code of LP7 Applications for any reason. You may not rent, sell, or sublicense Applications without LP7’s prior written consent.

 


8        Inactive Member Accounts & Termination of Membership


8.1        It is your responsibility to maintain an Active Account through your membership with LP7. LP7 has the right to deactivate or freeze your account when you fail to make the requested payment according to this Agreement, e.g. membership fee, on time. If your account is inactive or frozen for more than six (6) consecutive months, LP7 will terminate your membership upon notice. Upon termination, LP7 will close your account permanently and cease to maintain your account records and discontinue your Program access.
8.2        Any failure to comply with this Agreement, any fraud or abuse relating to the accrual or receipt of Referral Bonus or other rewards, or any misrepresentation of any information furnished to LP7 or its affiliates by you or anyone acting on your behalf may result in the termination of your membership in the Program and forfeiture of your accrued Referral Bonus and other rewards. Notwithstanding the forgoing, LP7 reserves the legal right to seek further legal remedy.
8.3        LP7 reserves the right to terminate the Program at any time with or without notice. In the event the Program is terminated with notice, you will have sixty (60) days from the date such notice is transmitted by LP7 to you. Notification of Program termination will be sent to the email address you provided to LP7 during the registration process. LP7 will not be responsible for failing to notify you of Program termination where such failure is caused by an inaccurate email address, your failure to check email online, or your failure to inform LP7 of a change in your email address.
8.4        If, by any chance, you do not wish to continue membership with LP7 or hold an account on LP7 Website, you may contact LP7 customer service to terminate your membership. Immediately upon termination, your account will be closed. YOU UNDERSTAND AND AGREE THAT UPON CLOSING YOUR ACCOUNT, YOUR RIGHT TO PARTICIPATE WILL CEASE AND ALL REFERRAL BONUS IN YOUR ACCOUNT AT SUCH TIME, HOWEVER AND WHENEVER ACCUMULATED, WILL BE FORFEITED.
8.5        Please be aware that the membership fee that you paid according to Section 1 are non-revocable and will not be returned to you in case of any termination specified in Section 8. If you would like to restart membership with LP7, you will be treated as a new Member and therefore need to follow the rules of becoming a Member as detailed in Section 1.

 


9        License Grants and Trademark


9.1        You own all the content, including text, files, images, photos, videos and the like, which you store on the Program or which you provide by using the Program (collectively, “Content”). You agree to grant LP7 a license to access, copy, modify, distribute, store, transmit, reformat, list information regarding, republish, edit, translate, make derivative works of, publicly perform such Content to the extent needed to provide the Program to you and in any other lawful manner. The license you grant to LP7 is permanent, non-exclusive, irrevocable, royalty-free, transferrable and sub-licensable, and worldwide.
9.2        LP7 hereby grants you a non-exclusive, non-transferable, worldwide right to access and use the LP7 Website for your own internal purpose. You may not permit the LP7 Website to be used by or for the benefit of unauthorized third parties. All rights not expressly granted to you are reserved by LP7. You shall not (i) modify or make derivative works based on the LP7 Website; (ii) reverse engineer or access the LP7 Website in order to (a) build a competitive product or service, (b) build a product using similar features, functions or graphics of the LP7 Website. You acknowledge and agree that, as between you and LP7, LP7 owns all right, title, and interest in and to the LP7 Website and the Program, including all intellectual property rights therein such as applicable copyrights, trademarks and other proprietary rights. No license is granted to you under any of those intellectual property rights by virtue of this Agreement. Loyaltypower7.com trademarks, logos, service marks, images, trade names, designs, page headers, button icons, scripts and other distinctive branding features used in connection with the Program are the trademarks, service marks or trade dress of LP7 and may not be copied, imitated, or used, in whole or in part, without the prior written consent of LP7.
 

10     Limitations on Liability & Disclaimer


10.1     MEMBERSHIP IN THE PROGRAM IS SUBJECT TO THIS AGREEMENT. ALL MERCHANTS’ MEMBERSHIP AND/OR OPERATING AGREEMENTS AS THEY RELATE TO THEIR AFFILIATE OR PARTNER PROGRAMS WITH LP7 AND WHICH RESIDE ON THE MERCHANT'S RESPECTIVE WEBSITES ARE HEREBY INCORPORATED INTO THIS AGREEMENT BY REFERENCE.
10.2     THE LP7 PROGRAM AND APPLICATIONS ARE BEING PROVIDED TO MEMBER "AS IS" WITH NO WARRANTY. LP7 RESERVES THE RIGHT TO TERMINATE THE PROGRAM AT ANY TIME WITH OR WITHOUT NOTICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LP7 DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROGRAM AND APPLICATIONS.
10.3     LP7 DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING (I) THE QUALITY OR ACCURACY OF ADVERTISEMENTS FOR ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY MERCHANTS IN CONJUNCTION WITH THE PROGRAM; OR (II) THE AVAILABILITY, ACCURACY, CONTENT, RELIABILITY OR ADVERTISING OF THE MERCHANDISE OR SERVICES PROVIDED BY MERCHANTS EITHER ON THEIR WEBSITES OR IN THEIR PHYSICAL STORES. IN ADDITION, LP7 DOES NOT WARRANT THAT ACCESS TO THIS LP7 WEBSITE OR USE OF ITS APPLICATIONS WILL BE UNINTERRUPTED OR ERROR-FREE, AND LP7 ASSUMES NO RESPONSIBILITY FOR ANY DAMAGE CAUSED BY YOUR ACCESS OR INABILITY TO ACCESS LP7 WEBSITE OR APPLICATIONS.
10.4     IN NO EVENT SHALL LP7 BE LIABLE FOR (I) ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH THE PROGRAM; (II) ANY ACT OR OMISSION BY LP7 IN ADMINISTERING THE PROGRAM; OR (III) THE PURCHASE OR USE OF ANY GOODS OR SERVICES OF MERCHANTS OR SUPPLIERS, EVEN IF LP7 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME STATES DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
10.5     NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, LP7 WILL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING OUT OF A DISPUTE BETWEEN YOU AND ANY PARTICIPATING MERCHANT, AND YOU HEREBY EXPRESSLY WAIVE ANY SUCH CLAIM AGAINST LP7 AND ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, SUBSIDIARIES, AGENTS AND REPRESENTATIVES.
10.6     THIS AGREEMENT AND THE CORRESPONDING PRIVACY POLICY ONLY APPLY WHEN YOU ARE ON THE LP7 WEBSITE. ONCE YOU LINK TO A MERCHANT'S WEBSITE, YOU SHOULD READ AND UNDERSTAND THAT WEBSITE'S TERMS OF USE AND PRIVACY POLICY BEFORE DISCLOSING ANY PERSONAL INFORMATION. IN ADDITION TO THE LIMITATIONS OF LIABILITY SET FORTH IN THE AGREEMENT ABOVE, TO THE EXTENT ALLOWED BY LAW, THE TOTAL LIABILITY OF LP7 OR THE PROGRAM TO YOU FOR ANY DAMAGES RELATED TO YOUR USE OF THE PROGRAM, REGARDLESS OF REASON, WILL NOT EXCEED $50.
10.7     YOU MAY BE TAXED ON YOUR RECEIPT OF CASH AND OTHER CONSIDERATION (MERCHANDISE, TRAVEL, ETC.) FOR REFERRAL BONUS OR ANY OTHER REWARDS YOU RECEIVE, DEPENDING ON THE TAX LAWS OF FEDERAL, STATE, AND LOCAL JURISDICTIONS. LP7 MAY CHOOSE TO PROVIDE YOU WITH THOSE NOTICES TO YOU ON OCCASION. IN ALL INSTANCES, YOU WILL BE SOLELY RESPONSIBLE FOR ANY AND ALL TAX LIABILITY ARISING OUT OF THE CONSIDERATION RECEIVED FOR MEMBER REFERRALS.

 


11     Indemnity


11.1     You agree to indemnify and hold LP7, its shareholders, parents, subsidiaries, affiliates, officers, directors, employees and agents harmless from any claim or demand, including reasonable attorney fees, made by any party due to or arising out of Member's use of the Program, including without limitation any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other members, and the infringement of intellectual property rights or other rights. LP7 will notify you of any claim for which LP7 seeks indemnification and will afford you the opportunity to participate in the defense of such claim, provided that your participation will not be conducted in a manner prejudicial to LP7's interests, as reasonably determined by LP7 at its sole discretion.

 


12     Amendment


12.1     LP7 may modify this Agreement from time to time, with or without notice, by posting a revised version on the LP7 Website and/or by emailing you. Your continued participation in the Program after such modification shall be deemed to be your acceptance of any such modification. It is your responsibility to check the Terms & Conditions page of the LP7 Website regularly to determine whether this Agreement has been modified. If you do not agree to any modification of this Agreement, you must immediately cease participation in the Program.

 


13     Miscellaneous


13.1     All questions or disputes regarding the Program, including without limitation, questions or disputes regarding eligibility for the Program, or the eligibility of Referral Bonus or redemption, must be submitted in writing, within 90 days of the qualifying transaction or referral, to LP7. Any such disputes shall be resolved by LP7 at its sole discretion. All interpretations of this Agreement shall be at the sole discretion of LP7.
13.2     This Agreement shall be governed by and construed in accordance with the laws of the State of Maryland, without reference to conflicts of law rules. As a condition to the use of the LP7 Website and services, you (the Member) agree that any controversy or claim arising out of, or relating to, this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. If you file a claim or counterclaim against the LP7, you may only do so on an individual basis and not with any other individual or a part of a class action. You agree to waive all rights to trial by jury or to any court. All arbitration proceedings shall be held in New Market, State of Maryland, unless the laws of the jurisdiction where you reside expressly require the application of its laws, in which case the arbitration shall be held in the capital of that jurisdiction. There shall be one arbitrator, an attorney at law, who shall have expertise in business law transactions with a strong preference being an attorney knowledgeable in the online coupon and rebate industry. Each party to the arbitration shall be responsible for its own costs and expenses, including legal and filing fees; provided, however that the arbitrator will have discretion to award legal fees and other costs to the prevailing party. The decision of the arbitrator shall be final and binding on the parties. This Agreement to arbitrate shall survive any termination or expiration of this agreement.
13.3     If any provision of this Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect. LP7's failure to insist upon or enforce strict performance of any provision of the Agreement shall not be construed as a waiver of any provision or right.
13.4     Nothing in this Agreement shall be construed as creating or constituting a partnership, joint venture or agency relationship between LP7 and the Merchants or between you and LP7. This Agreement constitutes the entire agreement between you and LP7 with respect to the Program.
13.5     LP7 may assign this Agreement, in whole or part, in its sole discretion. You agree not to assign, transfer or sublicense your rights as a Member without the prior written consent of LP7.
13.6     Captions and paragraph headings are for convenience only and are not a part of this Agreement and shall not be used in construing it.

 

 

 

 

 


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