Important Legal Information

PLEASE READ THE FOLLOWING LEGAL INFORMATION CAREFULLY. THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS SITE. BY USING THIS SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN DO NOT USE THIS SITE.
 

TERMS AND CONDITIONS

SupportMyProgram, LLC. ("SMP") maintains this web site as a service to its customers, potential customers, and other interested parties. Please visit us frequently, browse our pages, and download documents, subject to the terms and conditions set out below and in our Member Agreement.


USERS/PARTICIPANTS

We do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion.

No person under the age of 13 should use the Site. We strongly encourage all parents and guardians to monitor the Internet use of their children. Use of the Site by any user shall be deemed to be a representation that the user is 13 years of age or older.


TRADEMARKS, COPYRIGHTS & RESTRICTIONS

This Site, and materials on the Site, including, but not limited to, images, illustrations, posts, audio clips, and video clips (the "Materials") are the property of SMP and its affiliates and licensors and are protected from unauthorized copying and dissemination by copyrights that are owned or licensed by SMP and by copyright law, trademark law, international conventions and other intellectual property laws. By way of example, and not as a limitation, "SMP" is a registered trademark under the applicable laws of the United States and other countries. All other logos or product names are trademarks or registered trademarks of their respective owners. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Materials from www.supportmyprogram.com, any bulletin board, or any other web site owned or operated by SMP without the prior written permission of SMP. However, you may download or make one copy of the Materials, and other downloadable items displayed on the Site, for personal, non-commercial home use only, provided all copyright and other notices contained in the Materials are left intact. Any modification of the Materials, or any portion thereof, or use of the Materials for any other purpose constitute an infringement of SMP's copyrights and other proprietary rights. Use of these Materials on any other web site or other networked computer environment is prohibited without prior written permission from SMP.


Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Site or any information displayed on this Site, throughout the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of SMP or such third party that may own the trademark or copyright of information displayed on this Site.


NOTICE AND PROCEDURE FOR MAKING CLAIMS UNDER THE DIGITAL MILLENNIUM COPYRIGHT ACT

The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on this Site in a way that may constitute copyright infringement, you may provide notice of your claim to SMP's Designated Agent listed below. For your notice to be effective, it must include the following information:



1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. A description of the copyrighted work that you claim has been infringed upon;
3. A description of where the material that you claim is infringing is located on this Site;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that you are authorized to act on behalf of the intellectual property owner of the right that is allegedly infringed.
SMP's Designated Agent is:
SupportMyProgram, LLC.
Attn: General Counsel
713 Augusta Drive
Bridgeville, PA 15017
copyright@supportmyprogram.com
The SMP Designated Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site. All other inquires to the SMP Designated Agent will not be answered.

BUSINESS RELATIONSHIPS
SMP has business relationships with numerous participants in the SMP service, as well as suppliers and others. For convenience and simplicity, words like venture, joint venture, partnership, co-venturer, and partner are used to indicate business relationships involving common activities and interests, and those words may not indicate precise legal relationships.

LINKS TO THIRD PARTY WEBSITES
SMP is not responsible for the content of any site that may be linked to or from www.supportmyprogram.com, or any bulletin board associated with SMP. These links are provided for your convenience only and you access them at your own risk. Any other web site accessed from this Site is independent from SMP, and SMP has no control over the content of that other web site. In addition, a link to any other web sites does not imply that SMP endorses or accepts any responsibility for the content or use of such other web site.

NO IMPLIED ENDORSEMENTS
In no event shall any reference to any third party or third party product or service be construed as an approval, guarantee or endorsement by SMP of that third party or of any product or service provided by a third party.

PRIVACY ISSUES
SMP is concerned about privacy matters for its customers. Please review our Privacy Statement.

DISCLAIMERS AND INDEMNITY
By using the Site and/or posting Materials, you agree to indemnify SMP, its officers, directors, employees, successors, agents, and affiliates for any and all claims, damages, losses and causes of action (including attorneys' fees and court costs) arising out of or relating to your breach or alleged breach of this Agreement (including without limitation, claims made by third parties for infringement of intellectual property rights), or for any content that is provided by you (or through your username and/or password). You agree to cooperate as fully as reasonably required in SMP's defense and/or settlement of any claim. SMP reserves the right to assume that exclusive control over the defense and settlement of any matter subject to indemnification by you.

The information contained in this Site is for general guidance on topics selected by SMP. Such information is provided on a blind-basis, without any knowledge as to your industry, identity or specific circumstances. The application and impact of relevant laws will vary from jurisdiction to jurisdiction. There may also be delays, omissions, or inaccuracies in information contained in this Site. The information on this Site is provided with the understanding that SMP and various authors and publishers' providing such information does not constitute the rendering of legal, accounting, tax, career or other professional advice or services. As such, information on this Site should not be relied upon or used as a substitute or consultation with professional advisors.

SMP'S SITE MAY CONTAIN FACTS, VIEWS, OPINIONS, STATEMENTS, AND RECOMMENDATIONS OF THIRD-PARTY INDIVIDUALS AND ORGANIZATIONS. SMP DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, RECOMMENDATIONS, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, STATEMENT, RECOMMENDATIONS, OR INFORMATION WILL BE AT YOUR SOLE RISK. FURTHERMORE, SMP DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS FOR, ANY MERCHANDISE, PRODUCTS OR SERVICES OFFERED OR PROVIDED BY ITS ALLIES OR SUPPLIERS IN CONJUNCTION WITH THE SMP SERVICE.

THE MATERIALS ON THE SITE ARE PROVIDED ON AN "AS IS" BASIS AND WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SMP MAKE NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS, AND VALIDITY OF ANY MATERIALS ON THE SITE AND DOES NOT WARRANT THAT THE FUNCTIONALITY CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER(S) THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Where applicable law does not allow the exclusions of implied warranties, the foregoing exclusions may not apply to you.

EXCLUSION OF DAMAGES
NEITHER SMP, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, OR AFFILIATES ARE RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES OR FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE DAMAGES, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION CONTAINED ON THIS WEB SITE, EVEN IF SMP HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.

LIMITATION OF LIABILITY
IN NO EVENT SHALL SMP'S TOTAL LIABILITY TO YOU FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE OR PARTICIPATION IN THE SMP SERVICE, WHETHER IN CONTRACT, TORT, (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EXCEED THE MAXIMUM AMOUNT OF FUNDS IN THE MEMBER ACCOUNT AT THE TIME THE CLAIM ARISES.

JURISDICTION
SMP operates the Site from its offices within the United States. SMP makes no representation that information on this Site is appropriate or available for use outside the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

COMMENTS, COMPLAINTS AND QUESTIONS
We welcome your feedback and questions about the Site and the SMP Service. However, any comments, ideas, notes, messages, questions, suggestions or other communications sent to us or shared with us shall be and remain the exclusive property of SMP, and we may use all such communications in any manner, including reproducing, disclosing and publishing such communications, all without notice or compensation to you. Should you have any questions or complaints regarding these terms and conditions, please contact us.

Member Agreement
The SMP Member Agreement contains details about the relationship between you and us relating to the SMP service. You have to accept the terms of the Member Agreement in order to become a SMP member. By enrolling as a SMP member, you agree to these terms and conditions and that your use of this site and your participation in the SMP service is subject to this Member Agreement.

By enrolling in the SMP Service, you acknowledge that you have read and understood this Member Agreement and that you agree to be bound by all of its terms. If you do not agree to all of the terms of this Agreement, then do not click the "enroll" button to finish enrolling.

You also acknowledge that you have had an opportunity to review the SMP Privacy Statement or that it has been made available to you.

This Agreement constitutes a legally binding agreement between Support My Program, LLC., a Pennsylvania corporation ("SMP"), and each individual who registers with the SMP Rewards Service, as described below (the "Service"), by completing the registration form on the SMP website ("you" or the "Member"). As used in this Agreement, the terms "we" and "us" mean SMP, and the term "our" means SMP's.

Membership

1. Registration. You represent that you are a person of legal age in the state in which you live (generally at least 18 to 21, depending on the state) and are a U.S. citizen or residing in the United States or its territories. You agree that it is your responsibility to keep your Member information current, complete and accurate by periodically updating your information in the appropriate section of our website.

2. License. Subject to this Agreement, we hereby grant you a non-exclusive, non-transferable license (without the right to sublicense) for so long as you participate in the Service and adhere to this Agreement, to access, participate in and use the Service. You agree that you obtain no rights other than the rights and licenses expressly granted in this Agreement.

3. Fees. We do not charge any membership fee. Some of the businesses that will participate in the Service by rebating a portion of Members' purchases at or with those businesses (each a "Contributing Company") may charge fees with respect to some of their offers related to the Service. Any such fees will be disclosed in the description of those Contributing Companies' offers, and each Contributing Company reserves the right to change such fees or institute new or additional fees in the future.

4. Policies. You agree to comply with this Agreement, and all other policies, rules and terms and conditions as set forth in Service materials, including materials of Contributing Companies, either in print or on our website (collectively, the "Policies"). The Policies, including any amendments which may be made from time to time, are hereby incorporated by reference into this Agreement. We may modify this Agreement or the Policies at any time upon notice given in accordance with this Agreement. This Agreement and the Policies as so amended will be posted on our website, and your continued use of the Service thereafter will constitute your affirmative acceptance of any such amendment and your agreement to the terms thereof. You also acknowledge and agree that any information you provide to a Contributing Company is subject to that Contributing Company's own privacy and data collection policies. Member Obligations

5. No Unauthorized Use of the Service. You agree that you will not, and will not permit others to:

a. provide any unauthorized third party with access to the Service or any information, data, text, links, images, software, chat, communications and other content available through the Internet and proprietary to SMP (collectively, "Content") by any means;

b. modify, reverse engineer, reverse assemble or decompile any of the software applications used by you in connection with your participation in the Service;

c. engage in any activity that does not comply with U.S. law or other applicable law and regulations or otherwise engage in any illegal, manipulative or misleading activity through the use of the Service;

d. introduce into the Service any code intended to disrupt the Service, alter or delete its Content, access confidential Content on our website or interfere with the operation of the Service, including, but not limited to, distribution of unsolicited advertising or mail messages and propagation of computer worms and viruses;

e. post any material in any form whatsoever on our website or within the Service that is defamatory, obscene or otherwise unlawful or violates any third party's right of privacy or publicity; or

f. infringe any third party's patent, copyright, service mark, trademark or other intellectual property right of any kind or misappropriate the trade secrets of any third party in connection with your use of the Service.
Security. You will maintain the confidentiality of the user IDs and passwords by which you access the Service, and will allow access to the Service only by authorized persons, and not by any program, expert system, electronic agent, "bot" or other automated means. If you desire, you may authorize an account guest to contact SMP customer care to take certain actions on your behalf with respect to your account. The SMP website will set forth our Policies regarding account guests. Any use of your assigned user IDs or passwords will be deemed to be your use. If there is a breach of security through your account, you will immediately change your password and notify us of such breach. You agree that, unless you have first notified us immediately of any such breach, we should assume that any instruction transmitted using your user ID and password is yours and has been authorized by you, and we will have no obligation to inquire into the propriety of such instruction. In addition, you agree that we should assume that any instruction by an account guest that is in compliance with the Policies has been authorized by you, and we will have no obligation to inquire into the propriety of such instruction. You will not permit any use of the Service that would damage, interfere with or unreasonably overload the Service. You acknowledge that SMP will not contact you to solicit your user ID or password. Discontinuation or Suspension of Use. We may, in our sole discretion, at any time and without prior notice:

. discontinue transmitting all or any part of the Content related to the Service;

a. change, discontinue or limit access to the Service or any functionality, feature or other component of the Service; or

b. suspend or terminate your use of or access to all or part of the Service upon giving you notice of such suspension or termination.

Idemnification of SMP by liability arising of members failure to meet their obligation. If any member fails to meet its obligations pursuant to this section and that failure results in any claim against SMP by a third party then member agrees to indemnify SMP for all attorneys fees and damages that may result from the claim.

Contributing Company Offers and Payment of Contributions
 
8. Contributions. Subject to this Agreement, you will receive cash rebates and other payments denominated in U.S. dollars (each a "Contribution") on all Qualifying Purchases made at, from or with Contributing Companies, or upon redemption of points or other awards of certain Contributing Companies as applicable, in the amounts or percentages specified for those Contributing Companies on the SMP website, which is subject to change at any time without notice, and subject to all applicable terms and conditions. Some of your Qualifying Purchases may be made at grocery stores and other retailers that are not Contributing Companies ("Pass-Through Retailers"), but that have agreed to provide us with information about your purchases so that Contributing Companies whose products are sold by those Pass-Through Retailers can provide Contributions on your Qualifying Purchases at such Pass-Through Retailers. Pass-Through Retailers shall not be responsible for the refusal of any Contributing Company to pay Contributions in accordance with the terms of that Contributing Company's offer. Solely as a convenience, we may provide a promotional page or other description on the SMP website of each Contributing Company's terms and conditions. Contributing Companies may impose conditions or restrictions different from, or in addition to, those described on such promotional pages or in such descriptions. We are not responsible for setting or maintaining the amount of the Contributions offered by any Contributing Company or for requirements of any Contributing Company's program or offer. Each Contributing Company has reserved the right to change at any time, and without notice, the amount or percentage of any Contributions it offers as well as the terms and conditions of any qualifying purchase. Your continued use of the Service thereafter will constitute acceptance of such terms and conditions. We do not represent or warrant that any particular Contributing Company or Pass-Through Retailer will participate in the Service at the time you join the Service or at any time thereafter. For the purposes of this Agreement, a purchase is a "Qualifying Purchase" once all conditions in a Contributing Company's offer with respect to that purchase, including any waiting periods, have been satisfied.

9. The SMP Account.

a. Contributions you accrue as a result of Qualifying Purchases will be posted to your individual account on the books of SMP (the "SMP Account"). The SMP website will display a summary of activity in your SMP Account. Generally, Contributions will be posted to your SMP Account within thirty (30) days of notice from a Contributing Company to SMP of your relevant transaction or your election to convert or redeem existing miles or awards from a Contributing Company's eligible awards program. However, we will not be liable for damages resulting from any failure to post Contributions to a SMP Account in a timely manner. You acknowledge and accept that you are solely responsible for checking your SMP Account regularly to verify that Contributions have been properly posted. If you believe that a Contribution has not been properly posted to your SMP Account, then you must inform SMP within one year of the qualified transaction for which you are claiming that a Contribution should have been posted and must be able to provide proof of such transaction acceptable to SMP. SMP reserves the right, however, to determine, in its sole and absolute discretion, whether a Contribution should have been posted to your SMP Account. You acknowledge that any such determination by SMP will be final and binding.

b. Contributions posted to your SMP Account will be deposited and held in an account established and maintained by SMP for the exclusive benefit of SMP Members (the "Rewards Account"). SMP will maintain a record of your interest in the Rewards Account. Contributing Companies will pay Contributions accrued by you to SMP for deposit into the Rewards Account. You will not be entitled to receive interest on any funds deposited in the Rewards Account. Except as contemplated by Section 12, Contributions will remain in the Rewards Account until (i) you direct us to distribute such Contributions in accordance with this Agreement, or (ii) we exercise our options under Section 16 below. Contributing Companies have no role in verifying, administering or maintaining any Rewards Account or any SMP Account. The amount of Contributions available for disposition in accordance with Section 15 of this Agreement may differ from the amount of Contributions posted in your SMP Account. Your rights with respect to funds held in the Rewards Account exist only with respect to the Contributions actually deposited in the Rewards Account for your benefit. Only SMP is authorized to act upon your instructions with respect to the disposition of funds held for your benefit in the Rewards Account in accordance with this Section and Section 15 of this Agreement.

No Responsibility for Contributing Companies. You agree that SMP is not an agent of any Contributing Company and that Contributing Companies operate independently of, and are not under the control of, SMP with respect to the Service or otherwise. Accordingly, we do not represent or warrant, or give any assurances, that any Contributing Company will provide a Contribution for any particular transaction even where such transaction would appear to qualify for such Contribution under either SMP or Contributing Company statements. We are not responsible for the failure of any Contributing Company to pay Contributions in accordance with the terms of that Contributing Company's offer. Further, your participation in offers or promotions of, or correspondence with, any Contributing Company is solely between you and that Contributing Company. We do 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. Also, no Contributing Company assumes any liability, obligation or responsibility for our conduct with respect to the Service.

Online Affiliates. In the case of certain online Contributing Companies ("Online Affiliates"), the Online Affiliates have agreed to pay us certain affiliate or referral fees when Members purchase goods or services from such Online Affiliates through our website. We agree to deposit all or a portion of such affiliate or referral fee (as specified on our website for each particular Contributing Company) as a Contribution in the Rewards Account for your benefit upon receipt of the associated affiliate or referral fee. No Contribution associated with any purchase from an Online Affiliate will be earned and deposited in the Rewards Account for your benefit unless and until the associated affiliate or referral fee has been paid by such Online Affiliate to SMP. For your convenience, we may post pending Contributions from Online Affiliates to your SMP Account prior to the payment of the associated affiliate or referral fee to SMP. We reserve the right to reverse the posting of any Contribution in the event the applicable Online Affiliate does not timely pay to SMP the associated affiliate or referral fee. SMP reserves the right to change its offer with respect to the amount of the Contribution associated with any Online Affiliate at any time, but no such change will affect any Contributions earned prior to such change.

Returning and Rescinding Contributions. In our sole discretion, we may withdraw amounts from the Rewards Account and deduct Contributions from your SMP Account in order to make adjustments for returns and cancellations with respect to Qualifying Purchases. In the event that you have redeemed a Contribution held for your benefit in the Rewards Account or have elected to have it transferred to a Linked Account (as defined below) and you subsequently reverse the transaction with a Contributing Company that generated such Contribution, or otherwise are required to return the Contribution to the Contributing Company pursuant to the terms of the applicable offer, whether or not you are still participating in the Service, you will remain solely responsible for the repayment of the Contribution credited from such purchase, and we may apply future Contributions made for your benefit against such obligation and/or repay the amount of any such credited Contribution from funds held for your benefit in the Rewards Account. In the event you fail to repay such amount, we reserve the right to take any and all legal action necessary to collect the dollar amount from you, including but not limited to pursuing such claim in a court of law, employing a debt collection agency or reporting such claim to a credit reporting agency. We reserve the right to rescind Contributions and to bar further Contributions to, or terminate the Membership of, any Member that we believe, in our sole discretion, is abusing or has abused the Service, including, without limitation, by engaging in fraudulent activities, by engaging in a pattern of returning products after the corresponding Contribution has been credited, or creating or attempting to create or participating in any market in Contributions, or engaging in or accepting any broad-based solicitation of Contributions, and you agree to forfeit any and all Contributions you have received through the Service in the event you have engaged in any such activities.

Account Adjustments. In the event of any abusive or fraudulent activity related to the Service, as determined by us in our sole discretion, we reserve the right to make any adjustments to your SMP Account and/or funds held for your benefit in the Rewards Account at any time. Any such adjustments, however, will be made in accordance with this Agreement, the Policies, any applicable laws, rules or regulations, and the terms of any Contributing Company offers.

Use of Information
 
14. Use of Information.

a. You acknowledge that in order to administer the Service, we will collect information about you, your purchases from Contributing Companies and Pass-Through Retailers and your Linked Accounts (as defined below) with Linked Account Managers (as defined below). In furtherance of the foregoing, to the extent a telecommunications carrier is a Contributing Company, you authorize such entity, its affiliates and authorized representatives (collectively, the "Telecommunications Carrier") to share with us, and our affiliates and authorized representatives, your proprietary network information, qualifying Telecommunications Carrier services information and other Telecommunications Carrier service and usage information. You also authorize the Telecommunications Carrier to disclose to us any and all information with respect to your purchases of the Telecommunications Carrier's services, including qualifying Telecommunications Carrier services, as is necessary for us to provide any aspect of the Service or to advise you of Telecommunication Carrier services that are eligible for Contributions by the Telecommunications Carrier. You authorize Contributing Companies and Pass-Through Retailers and their respective agents to disclose to us any and all information with respect to your purchases from such Contributing Company. You also authorize Linked Account Managers and their agents to disclose to us any and all information with respect to your Linked Accounts as is necessary to fulfill the terms of this Agreement or to provide any aspect of the Service as set forth on our website. In addition, by registering any credit card, debit card, charge card, loyalty card or other unique account or identifier, you hereby authorize us and our agents to collect any and all information from any credit card processor, issuing bank, other card issuer or any available source with respect to the purchases made using such credit card, debit card, charge card, loyalty card or other unique account or identifier. You authorize us to use any such information and to disclose such information (a) to our representatives and agents, (b) to third parties, where necessary or convenient for transfer or redemption of your accumulated Contributions or otherwise in connection with the Service, (c) to comply with requests, orders or subpoenas from courts of law or any regulatory, legislative or administrative bodies and (d) otherwise in accordance with the terms of the SMP Privacy Statement on our website. You represent that you have full authority to register each credit card, debit card, charge card, loyalty card and other unique account or identifier you register in the Service and to receive information about the transactions effected using such cards, accounts or identifiers. You authorize us to disclose such cards, accounts and identifiers to affiliated and unaffiliated third parties for the purposes set forth in this paragraph, even if you never make use of the service provided by one or more of those third parties.

b. You authorize us, at the time you register a credit or debit card in the Service, to request authorization from the applicable credit, debit or charge card issuer for a transaction on such credit, debit or charge card in order to protect against fraud or other abuse; provided that we will reverse such transaction promptly upon receipt of authorization or rejection from the credit, debit or charge card issuer. You acknowledge and agree to this procedure and acknowledge that, during the period between authorization and reversal of such transaction, certain funds (up to $25.00) from your credit or debit card account may not be available for your use. SMP will have no liability to you for any losses or costs associated with the temporary unavailability of such funds.

Use of Contributions
 
Miscellaneous
 
16. Termination; Expiration or Forfeiture of SMP Accounts.

a. This Agreement is effective when accepted by you, as described in the first paragraph of this Agreement, and will remain in effect and legally bind you and us until you or we terminate your membership in the Service. You may terminate your membership in the Service at any time in accordance with the procedures established on our website from time to time. We may terminate your membership in the Service without cause immediately after notice to you of such termination.

b. If this Agreement has terminated, then we may close your SMP Account and distribute any Contributions held for your benefit in the Rewards Account pursuant to one of the alternatives given in Section 15(c) above at your direction. If you do not supply such direction to us within sixty (60) days of our notice to you that we intend to close your SMP Account, then we will distribute such funds in cash to you pursuant to Section 15(c)(ii) at your most recent address provided to us, subject to any minimum transfer amounts. To the extent that your SMP Account is terminated and the Contributions held for your benefit in the Rewards Account are less than any minimum transfer amounts, you will forfeit such Contributions.

c. Upon any termination of this Agreement, your right to use and access the Service and to receive Contributions will terminate and Sections 9, 10, 11, 12, 13, 14, 17, 18, 19 and 20 hereof will survive in accordance with their terms. Subject to the limitations set forth in this Agreement, termination will not prejudice either your or our remedies at law or in equity.

Certain Disclaimers; Indemnification.

Disclaimer of Warranties.

i. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS AND WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS, OR VALIDITY OF ANY MATERIALS RELATED TO THE SERVICE AND DO NOT WARRANT THAT THE FUNCTIONALITY OF SUCH SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT SUCH SERVICE OR THE SERVER(S) THAT MAKE(S) IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.


ii. SMP'S WEBSITE AND THE SERVICE MAY CONTAIN FACTS, VIEWS, OPINIONS, STATEMENTS, OR RECOMMENDATIONS OF THIRD-PARTY INDIVIDUALS AND ORGANIZATIONS. WE DO NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, RECOMMENDATIONS, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE SMP WEBSITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, STATEMENT, RECOMMENDATIONS OR INFORMATION WILL BE AT YOUR SOLE RISK. FURTHERMORE, WE DO NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS FOR, ANY MERCHANDISE, PRODUCTS OR SERVICES OFFERED OR PROVIDED BY ITS CONTRIBUTING COMPANIES OR SUPPLIERS IN CONJUNCTION WITH THE SERVICE.

a. Exclusion of Certain Damages. We will not be liable for any damages, including indirect or consequential damages, arising from:
. any failure to screen users or Members of the Service;
i. acts or omissions of any users or Members of the Service;
ii. materials posted by, or of, any party other than SMP or SMP Investments or any use thereof;
iii. the accuracy, dependability, privacy, security, authenticity or completeness of data transmitted over or obtained using the Internet; or
iv. any failure to perform any obligation hereunder, or from any delay in the performance thereof, due to causes beyond our reasonable control, including the elements, acts of God, labor disputes, acts of terrorism, acts of civil or military authority, fires, floods, epidemics, quarantine restrictions, failure or erratic behavior of telecommunications or power system, sabotage, armed hostilities, riots or government regulation of the Internet.


In addition to the foregoing, on occasion, Contributing Companies, Pass-Through Retailers, Online Affiliates, SMP and/or any of their respective third party agents may fail to track your Qualified Purchases due to computer system failures or interruptions beyond the reasonable control of the tracking party. Furthermore, certain hardware devices and software such as pop-up blockers, ad blocking software, viruses, worms, Trojans, adware, spyware and malware can interfere with the tracking of Contributions and/or the operation of our website. Neither SMP nor any Contributing Company, Pass-Through Retailer, Online Affiliate or third party tracking agent shall be liable for your failure to receive a Contribution or important information about the Service as a result of a computer system failure or interruption or hardware devices or software on your computer or network.

b. Indemnification. You agree to indemnify SMP, any Contributing Company, Pass-Through Retailer, and any bank having custody of your Contributions (a "Custody Bank"), as well as their respective officers, directors, employees, successors, agents, and affiliates, for any and all claims, damages, losses and causes of action (including attorneys' fees and court costs) arising out of or relating to your breach of this Agreement (including without limitation relating to a breach by you of Section 5), or for any materials in any form whatsoever that are provided by you or your account guest (or through your user ID and/or password). You agree to cooperate as fully as reasonably required in our defense and/or settlement of any claim. We reserve in our reasonable discretion the right to assume exclusive control over the defense and settlement of any matter subject to indemnification by you.

c. Tax Advice. Nothing contained on our website is intended to constitute personal tax advice. The tax consequences of participation in the Service will depend on your particular tax circumstances. You are responsible for obtaining your own tax advice with respect to participation in the Service. You agree that we will not have any liability for any information contained on or omitted from the SMP website with respect to taxes and that we have no obligation to inform you of changes in the tax laws.

Limitation of Liability.

NONE OF SMP, ANY CONTRIBUTING COMPANY, PASS-THROUGH RETAILER LINKED ACCOUNT MANAGER OR CUSTODY BANK, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, OR AFFILIATES ARE RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES OR FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE DAMAGES, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE, THE INFORMATION CONTAINED ON THE SMP WEBSITE, OR (EXCEPT IN THE CASE OF THE APPLICABLE CONTRIBUTING COMPANY OR SUPPLIER) ANY MERCHANDISE, PRODUCTS OR SERVICES OFFERED BY CONTRIBUTING COMPANIES OR SUPPLIERS IN CONJUNCTION WITH THE SERVICE, EVEN IF ANY SUCH ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

a. IN NO EVENT WILL SMP'S AND SMP INVESTMENTS' TOTAL LIABILITY TO YOU FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SMP WEBSITE OR PARTICIPATION IN THE SERVICE, WHETHER IN CONTRACT, TORT, (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EXCEED THE LARGEST AMOUNT OF FUNDS HELD FOR YOUR BENEFIT IN THE REWARDS ACCOUNT WHILE THIS AGREEMENT IS IN EFFECT.

Electronic and Oral Communications.

Member and Account Guest Instructions. We may rely on your oral and electronic instructions and on your account guest's oral instructions. In addition, you consent to the monitoring and recording of your and your account guest's telephone conversations with us for training or compliance purposes or to provide a record of your instructions. You agree that we will not be liable for honoring oral instructions received from any person claiming to be you or your account guest, provided reasonable verification procedures have been followed. We may follow any instructions received by electronic means through the SMP website just as if you had given such instructions in person, regardless of whether or not you have personally initiated such instructions.

a. Consent to Electronic Disclosures. You consent to the receipt of all reports, transaction confirmations, account statements, correspondence and other information from us electronically through either (i) access to your SMP Account on our website or (ii) the email address provided by you to us. In order to access and retain electronic disclosures from SMP, you must have (a) a personal computer with a browser that supports these requirements, (b) Internet access and a valid email account supported by software to enable you to receive email messages, (c) Adobe Reader installed on your computer, and (d) sufficient electronic storage capacity to store disclosures or a printer capable of printing from your web browser and email software to print disclosures. You may update your email address at anytime by logging into your SMP account and updating your profile. We will not be responsible for your inability to connect to the Internet or to access the SMP website or otherwise not to receive electronic communications. Electronic communications are presumed to be delivered to and received by you when sent by us, whether actually received or not. You acknowledge that you have access to hardware and software meeting the system requirements set forth above to receive from us correspondence and records in electronic form. You may withdraw the consent to have those records provided or made available in electronic form by mailing written notice to SMP. You may also request that we provide you paper copies of written communications we are required to send you by mailing written notice to SMP. Each such notice must be sent by mail to SMP at713 Augusta Drive, Bridgeville PA 15017, Attn: Customer Service. If you withdraw your consent to receive correspondence and records in electronic form, we reserve the right to terminate this Member Agreement. If you request that we provide you paper copies of written communications, we reserve the right to charge you a reasonable administrative fee to cover our mail and other costs of complying with your request. Alternatively, you may obtain a paper copy of such communications by printing them from your computer.

General.

Governing Law. The validity, construction and interpretation of this Agreement, and the rights and duties of the parties hereto, will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, excluding its conflicts of laws principles. Each party hereto agrees that all claims relating to this Agreement will be heard exclusively by a state or federal court in Pennsylvania Accordingly, each party hereby consents to the exclusive jurisdiction of any state or federal court in the Commonwealth of Pennsylvania over any proceeding related to this Agreement, irrevocably waives any objection to the venue of any such court, and irrevocably waives any claim that any such proceeding in such a court has been brought in an inconvenient forum.

a. Assignment. You may not assign your rights and obligations under this Agreement, in whole or in part, without our prior written consent, and any such assignment without such consent will be null and void. We may assign our rights and obligations under this Agreement, in whole or in part, without your consent. This Agreement will inure to the benefit and burden of the parties hereto and their permitted successors and assigns.

b. Notices. Any notice by one party hereto to the other will be in writing (which may include email) and either personally delivered, delivered by Internet email, or sent via reputable overnight courier or certified mail, postage prepaid and return receipt requested. Notices will be sent to you at the Internet email address or the mailing address specified in your account profile and to us at 95 Wells Avenue, Suite 160, Newton, MA 02459, Attn.: Customer Service, or any other address of which either party hereto may from time to time notify the other in accordance with this Section 22(c). All notices will be in English and will be deemed effective on the date of personal delivery, upon confirmation of email transmission, upon signed receipt from an overnight courier, or five days after deposit with the U.S. Postal Service.

c. No Waiver; Severability. The waiver by either party hereto of a breach or default of any provision of this Agreement by the other party hereto will not be construed as a waiver of any succeeding breach or default of the same or any other provision, nor will any delay or omission on the part of either party hereto to exercise or avail itself of any right, power or privilege that it has, or may have hereunder, operate as a waiver of any right, power or privilege by such party. If any provision of this Agreement is held to be invalid, such invalidity shall not effect the remaining provisions.

d. Relief. You acknowledge and accept that any breach of Section 5 above is likely to irreparably harm us and will not be susceptible of cure by monetary damages. Consequently, if you breach any provisions of Section 5 above, then we will be entitled to obtain injunctive or other equitable relief in addition to any remedies it may have at law.

e. Third-Party Beneficiary. SMP Investments and each Contributing Company, Pass-Through Retailer, Linked Account Manager, 529 Plan sponsor, and Custody Bank is hereby expressly made a third party beneficiary of this Agreement and may enforce this Agreement directly against you.

f. Entire Agreement. This Agreement represents the entire agreement of the parties hereto with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or representations, written or oral, concerning the subject matter hereof (including without limitation, earlier versions of this Agreement that may have been accepted by you through the SMP website or otherwise). We reserve the right to modify this Agreement at any time upon notice given in accordance with this Agreement. Your non-termination and continued use of the Service after notice of any modification of this Agreement will constitute affirmative acceptance by you of such modification and your consent to abide by any terms thereof. You acknowledge that the most recent version of this Agreement will be located on the SMP website under Member Agreement. No other act, document, usage or custom will be deemed to amend or modify this Agreement.

Effective Date 02/07/10
SMP Privacy Statement
Protecting your privacy is a top priority at SMP. We want you to understand how we handle the personal information about you that we may obtain, and how we may and may not share it. This statement covers all of our information handling practices for SupportMyProgram, LLC., for the benefit of current and past customers. Our affiliates, including our subsidiaries, have separate privacy statements.

Information We May Obtain.

As part of providing you products or services, we may obtain personal information from the following sources:

    Information you provide to us on applications and other forms, that you otherwise enter on our web site, or that you provide to us in writing or by telephone, such as when you contact our customer service staff. This information may include items such as your name, address, telephone number and social security number. In addition, please see Use of Cookies and other Technologies below for information we receive automatically when you visit our web site.


    Information from your transactions with us, our affiliates or nonaffiliated third parties such as account activity and your purchase information in our Rewards service.


    Information from third parties, including public sources, such as verification services and consumer reporting agencies (to comply with regulatory requirements, ensure the accuracy of data and prevent fraud, for example), or from other sources (such as from other institutions like a bank or broker you use to transfer funds into a SMP account, or public sources).



We use the information we obtain in order to develop, offer and deliver our products and services, to offer products and services of our affiliates, participating companies, marketing partners and other companies, to process transactions in your accounts, and to fulfill legal and regulatory requirements.

Please note that information you voluntarily include in bulletin boards, chat rooms and other online forums, such as the SMP Community, may be viewed and used by anyone with access to those forums. SMP is unable to control any use of such information.
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Sharing Information With Our Affiliates

Unless you tell us not to, we may share with our affiliates all of the information we obtain about you. If you prefer that we not share with our affiliates consumer report information about you that we may receive from third parties, you may direct us not to do so by sending us an email at customercare@supportmyprogram.com containing your name, address and account number and request, to opt out of affiliate consumer report information sharing, or by calling the following toll free number: 1-800-877-6647. Please be aware that we may continue to share any other information as permitted by law.
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Sharing Information With Nonaffiliated Third Parties


Information about our customers is an important part of our business. We do not share your personal information with nonaffiliated third parties except as permitted or required by law, including as provided below:

     Agents and Service Providers. In order to provide our products and services, we may share personal information about you with agents and service providers to perform functions on our behalf, such as to send email and postal mail, analyze data, provide marketing services, process applications and credit card payments, and service accounts. We contractually obligate these service providers to access and use personal information only as needed to perform their functions and for no other purposes.


    Financial Services Providers. In order to make certain financial products available to you (for example, credit cards, loans or insurance), we sometimes enter into marketing agreements with nonaffiliated financial institutions that offer those products. We select the financial institutionswe work with very carefully. Generally, we provide these entities with only customer contact information. For some products, we might also provide them limited additional information. These entities are permitted to use the information we give them only for the specific products being offered under our contract. If you prefer that we do not share your information with nonaffiliated financial institutions so that they may market their products and services directly to you, you may opt-out of that information sharing by sending us an email at customercare@SMP.com containing your name, address, account number and request, or by calling the following toll free number: 1-800-877-6647. You may also opt-out of that information sharing by updating your SMP account member profile opt-out preferences on our website to opt-out of receiving communications from our participating companies.


    Protection of SMP and Others. We may disclose personal information about you to third parties when we believe such disclosure is appropriate to comply with a legal requirement, such as a law, regulation, court order, subpoena or search warrant, or in the course of a legal proceeding. We may also disclose personal information as we believe appropriate to enforce or apply our rights under our agreements with customers, to protect the rights, property or safety of SMP, our customers and others, including exchanging information for fraud protection and credit risk reduction.


    Business Transfers. If there is a change of control in SMP's business (whether by merger, sale, or otherwise), its customer information could be sold as part of that transaction and your personally identifying information potentially could be used by the purchaser. Notice will be posted on the website so that you are aware of this change of control.

SMP does not share member information with nonaffiliated, non-financial institutions to enable them to market their products and services directly to you. Occasionally, we engage third party service providers in the business of facilitating communications to send you information from certain participating companies, but only subject to strict confidentiality provisions that prohibit those third parties from providing your personal information to the participating companies. If we ever make the decision to share member information with nonaffiliated third parties other than financial institutions as described above so that they may market their products and services directly to you, we will notify you ahead of time, and you will have the opportunity to opt-out of that information sharing.

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Use of Cookies and other Technologies

As is true of most web sites, our servers automatically collect and store certain technical information when you visit our web site. This information includes your internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, a date/time stamp, and clickstream data.

In addition, our web servers place and read session and/or persistent "cookies" on our site's visitors' computers for a variety of purposes. Our service providers may also place and read cookies on your computer when you visit our website or open a SMP email. Cookies are small data files that are stored on your hard drive. One important use of cookies is to help identify you when you come to the SMP site, and while you are logged in to the SMP site. Consequently, if your browser does not accept cookies, you will be unable to enroll or log in to our service using our site. You will, however, be able to browse our site as a visitor.

SMP and our service providers use information from our server logs, cookies and similar technologies known as "web beacons", "clear gifs" or "pixels," in combination with information you provide, transaction information, and information that we or they collect from others to:

    Operate the SMP web site


    Deliver products and services to SMP members;


    Understand how visitors use our web site, and determine whether the content on our site is effective;


    Improve our web site and service offerings;


    Personalize your experience on the site and customize the communications and advertisements you receive from us;


    Deliver advertisements and other information about products or services offered by SMP, our affiliates, our participating companies and others on the SMP web site, via email and as you surf the Internet; and


    To let us know which emails have been opened by recipients so that we may gauge the effectiveness of our marketing communications and to make those communications more useful and interesting to you.


If you prefer not to receive these marketing communications, please see "Choices Regarding the Receipt of Marketing Messages" below for information on how to opt-out.

If you are a member of SMP, information collected using cookies or similar to how you build things and collect data. chnologies may be associated with personally identifiable information we have about you.

SMP may use various service providers to track and analyze web site usage, including but not limited to , third party analytic companies.

SMP also engages third party advertising networks who use cookies, the similar technologies described above, and non-personally identifiable information about you: (i) to deliver ads or other offers from SMP, our affiliates, our participating companies and others as you surf the Internet, and (ii) to track the effectiveness of ads and other offers SMP delivers on third party websites. These companies are authorized to use the information we provide and they collect when you navigate to a site within the ad network to provide this service to SMP. Each of the companies we work with is a member of the Network Advertising Initiative. If you prefer not to receive these ads or offers as you surf the Internet, you may opt-out by clicking on this opt-out link. Please allow up to 10 days for the opt-out to take effect. Please also note that in order for the opt-out to work your browser must be set to accept third party cookies. Furthermore, if you buy a new computer, change web browsers or delete the opt-out cookie, you will need to perform the opt-out task again.

In addition, if you download the SMP Toolbar and use the Personalized Offers feature, a third party service provider uses cookies and similar technologies to provide college savings opportunities tailored to you and market research services to SMP and others. The Personalized Offers feature is completely optional, and subject to a separate privacy statement which can be accessed here or from the webpage where you can download the SMP Toolbar software.

SMP may also use and share aggregate information, which does not identify individual visitors or customers, with third parties.

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Choices Regarding the Receipt of Marketing Messages

You may choose whether and to what extent you receive marketing messages from SMP about products and services offered by SMP or third parties. You may also choose whether and to what extent you receive marketing messages from our participating companies based on our information. If you do not wish to receive any of these marketing messages, you may opt out. We reserve the right to send you specific administrative notices that are required or permitted by law or, regulation, or as needed or advisable to service your account. We also reserve the right to post advertisements not specifically targeted to you on websites you may visit. In addition, our participating companies reserve the right to contact you using information from sources other than SMP.

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Security of Your Personal Information

SMP is committed to earning and keeping your trust. We understand the need for our customers' personal information to remain secure and private, and we have implemented policies and procedures designed to safeguard your information. The only SMP employees who are authorized to see your personal information are those who need it as part of their jobs.

Please remember that you also play a valuable part in data security. You should never share your SMP password with anyone. If you feel your password has been compromised, you should change it immediately. After you have finished using our site, you should log out of your SMP account and exit your browser so that no unauthorized persons can use our site under your name and account information.

Collection of Information from Children.

None of SMP's products or services are intended for purchase by children. Accordingly, SMP does not knowingly collect, either online or offline, personally identifiable information from children under the age of 13.

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State Laws

In addition to the rights described in this policy, please note that you may have additional rights under state law. For example, if your address on file with us is a California address, we will not share personal information about you with a financial