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77we SMS Privacy Policy
General Terms
Advertiser use this service to provide consumers with mobile offers
capable of being redeemed via their cell phones during and up to the
expiration date. Consumers obtain text message offers and Advertisers
send text message offers and information from the 77we, LLC short code,
64842.
Per the Carrier and MMA guidelines, advertisers offering mobile offers
in print are to provide in their printed ad / promotion a note stating
that "Msg&Data Rates May Apply". In addition the text message replies
will typically state that at the end of their message, "Msg&Data Rates
May Apply", since consumer text messaging rates do apply.
My77werewards & 77we, LLC promotes the Mobile Marketing Association's
Code of Conduct, and Consumer Best Practices Guidelines.
My77werewards has been certified to work on all major carriers, Tier 2&3
Carriers Groups and Associated Carrier Groups. To see a full list of
certified carriers please go to, www.my77werewards.com under the
"Consumers" tab at the bottom of the page. Advertisers offering mobile
promotions, products & services are compatible to work with AT&T handset
and the other handsets from the carriers noted on this list.
For additional "help" on how messaging works, please go to at www.77we,
LLC.com under "Getting Started" tab, and / or click on the FAQ link to
learn more.
For Support & Contact Information, go to www.77we, LLC.com under the
"Support" tab.
Terms of Service
What does it cost me?
My77werewards.com website is a complimentary service. The only charges
you may incur are your carrier's text messaging charges and/or other
mobile phone data charges.
What may be offered by advertisers to me?
At various times, advertisers may offer you text coupons, additional
information on a product or service, directions to their location, a
daily special at their business, loyalty points, text alerts, trivia
questions, jokes, polls, and opinion surveys, etc.
Opt-out Process
When participating with any mobile program, you are telling the
Advertiser to send you the offer that you have seen in print or other
media to your mobile phone. For certain programs, such as Text Alerts,
you opt-in for either a defined duration of time, or for a set number of
text messages to be sent to you. In all cases you, the consumer, is in
control and can opt-out of any mobile offers once you have started
receiving them.
For the 77we, LLC & My77wereward programs consumers can opt-out by
simply texting the keyword they opted with to 64842, or text STOP, END,
QUIT, CANCEL, or UNSUBSCRIBE to 64842 to terminate getting messages from
this service.
What this Privacy Policy Covers
This Privacy Policy describes how 77we, LLC ("77we") handles your
personal information for the services 77we provides in the 77we, LLC
program (the "Program").
By participating in the Program, you expressly consent to 77we'
collection and storage, of your phone number as described in this
Privacy Policy. This Privacy Policy is effective immediately upon your
first participating in the Program.
Collection
When you choose to provide 77we with you phone number, you consent to
the transfer and storage of that phone number on 77we' servers located
in the United States.
77we may collect and store the following personal information:
• phone number and text messaging account
• transactional information based on your activities in the Program;
• dispute resolution, general correspondence and correspondence sent to
77we;
• other information from your interaction with 77we' services, content
and advertising as permitted by law;
• for the following general purposes: to customize the advertising and
content you see, fulfill your requests for products and services,
improve 77we' services, contact you, conduct research, and provide
reports for internal and external clients;
Security
Your information is stored on 77we' servers located in the United
States. 77we treats data as an asset that must be protected and uses
lots of tools (encryption, passwords, physical security, etc.)
Third Parties
Except as otherwise expressly included in this Privacy Policy, this
document addresses only the use and disclosure of information 77we
collects from you. If you disclose your information to others, different
rules may apply to their use or disclosure of the information you
disclose to them. 77we does not control the privacy policies of third
parties, and you are subject to the privacy policies of those third
parties where applicable. 77we encourages you to ask questions before
you disclose your personal information to others.
General
77we may amend this Privacy Policy at any time by posting the amended
terms on this site. All amended terms automatically take effect on the
day they are initially posted on a Site.
User Agreement
77we, LLC™ & My77werewards User Agreement
The following describes the terms on which 77we, LLC™ ("77we") offers
you access to 77we' services.
Introduction
Welcome to 77we, LLCBy participating in the 77we, LLC™ program (the
"Program"), you are agreeing to the following terms, including those
available by hyperlink (the "Agreement" or "User Agreement") with 77we.
By accepting this User Agreement, you also agree that your use of some
77we-branded websites or websites 77we operates may be governed by
separate user agreements and privacy policies. The agreement that
applies on any of 77we' domains and subdomains is always the agreement
that appears in the footer of each website. 77we reserves the right, in
77we' sole discretion, to change, add, delete, or otherwise modify
portions of this User Agreement at any time in accordance with the
procedures set forth below in the section labeled "General." Your use of
the Program after any such modification of this User Agreement
constitutes your consent to such modification.
Consideration
You acknowledge that this Agreement is supported by reasonable and
valuable consideration, the receipt and adequacy of which are hereby
acknowledged. Without limiting the foregoing, you acknowledge that such
consideration includes, without limitation, your use of the Program and
receipt of data, materials, and information available at or through the
Program.
Using 77we, LLC
All information, content, and materials contained in the Program are
77we' copyrighted property or the copyrighted property of 77we'
licensors or licensees. All trademarks, service marks, trade names, and
trade dress are proprietary to 77we and/or 77we' licensors or licensees.
No information, content, or material from any Program may be copied,
reproduced, republished, uploaded, posted, transmitted, or distributed
in any way, except that you may download one copy of the information,
content, or materials on any single computer for your personal,
noncommercial, home use only, provided that (a) you keep intact all
copyright and other proprietary notices, (b) you make no modifications
to the information, content, or materials and (c) you do not use the
information, content, or materials in a manner that suggests an
association with any of 77we' products, services, or brands.
The Program is only for your personal use. You may not use the Program
for commercial purposes or in any way that is unlawful, or harms 77we or
any other person or entity, as determined in 77we' sole discretion.
While participating in the Program, you will not:
• use the Program if you are not able to form legally binding contracts,
are under the age of 18, or are temporarily or indefinitely suspended
from the Program;
• transfer your 77we, LLC™ account to another party without 77we'
consent;
• distribute viruses, spyware, or any other technologies that may harm
77we, LLC™, or the interests or property of 77we, LLC users; or
• delete any legal notices, disclaimers, or proprietary notices such as
copyright or trademark symbols, or modify any logos that you do not own
or have express permission to modify.
77we cannot and does not assure you that other users are or will be
complying with the foregoing rules or any other provisions of these
terms of use, and, as between you and 77we, you hereby assume all risk
of harm or injury resulting from any such lack of compliance. See the
section below entitled "Protecting 77we, LLC™" for 77we' rights in the
event you violate any of the terms set forth in this section or any
other section of this User Agreement.
To the extent that any feature on a Program requires you to submit your
e-mail address or mobile phone number in order to send a card, e-mail or
message, you must, and you hereby agree to, furnish your actual e-mail
address or actual mobile phone number, as applicable. Any business use,
"re-mailing," or other high-volume application is strictly prohibited.
Protecting 77we, LLC
77we works to keep the Program working properly and your experience with
77we, LLC™ safe. Please report problems, offensive content, and policy
violations to 77we.
Without limiting other remedies, 77we may limit, suspend, or terminate
77we' services and user accounts, prohibit access to the Program, delay
or remove hosted content, and take technical and legal steps to keep
users from participating the Program if 77we thinks that any user is
creating problems, possible legal liabilities, or acting inconsistently
with the letter or spirit of this User Agreement or any of 77we'
policies.
Links
You should be aware that when you are on a Site, you could be directed
to other sites that are beyond 77we' control. There are links to other
sites from pages on Program that take you outside of 77we' service. This
includes links from advertisers, sponsors, and content partners that may
use 77we' logo(s) as part of a co-branding relationship. You acknowledge
that when you click on a link from a 3rd party other than 77we, the site
you will land on is not controlled by 77we and different terms of use
and privacy policy may apply. By clicking on links to other sites, you
acknowledge that 77we is not responsible for those sites.
77we makes no representations concerning the content of sites listed in
any of 77we' directories. Consequently, 77we' cannot be held responsible
for the accuracy, relevancy, copyright compliance, legality, or decency
of material contained in sites listed in 77we search results or
otherwise linked to the Program.
Content License
In the event that you download software from the Program, the software,
including any files, images incorporated in or generated by the
software, or data accompanying the software (collectively, the
"Software") are licensed to you by 77we or third-party licensors for
your personal, noncommercial home use only. 77we does not transfer title
to the Software to you. You may own the medium on which the Software
resides, but 77we or 77we' third-party licensors, as applicable, retain
full and complete title to the Software and all intellectual property
rights therein. You may not redistribute, sublicense, sell, auction,
decompile, reverse engineer, disassemble or otherwise reduce the
Software to a human-readable form. Software from Program is further
subject to United States export controls. Without limiting the
generality of the foregoing, no software from any Program may be
downloaded or otherwise exported or re-exported (a) into (or to a
national or resident of) Cuba, Libya, North Korea, Iran, Syria, or any
other country to which export is subject to control or licensing by the
U.S.; or (b) to anyone on the U.S. Treasury Department's list of
Specially Designated Nationals or the U.S. Commerce Department's Table
of Deny Orders. By downloading or using the Software, you represent and
warrant that you are not located in, under the control of, or a national
or resident of any such country or on any such list or otherwise in
violation of export control laws or regulations.
With respect to content you submit or make available to 77we, you hereby
grant 77we a license to use, distribute, reproduce, modify, adapt,
publicly perform, and publicly display such content in the Program. This
license exists only for as long as you elect to continue to include such
content on the Program and will terminate at the time you remove or 77we
removes such content from the Program.
Disclaimer
THE INFORMATION, CONTENT, AND MATERIALS IN THE PROGRAM ARE PROVIDED "AS
IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO
THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, 77we
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NONINFRINGEMENT. 77we DOES NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN INFORMATION, CONTENT, OR MATERIALS FROM THE PROGRAM (WILL
BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT ANY SITE OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT, AND
MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR,
OR CORRECTION. 77we DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, CONTENT,
MATERIALS, PRODUCTS, OR SERVICES CONTAINED ON OR OFFERED, MADE AVAILABLE
THROUGH, OR OTHERWISE RELATED IN ANY WAY TO THE PROGRAM OR ANY THIRD
PARTY SITES OR SERVICES LINKED TO OR FROM THE PROGRAM IN TERMS OF THEIR
CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY, SAFETY, SECURITY, OR
OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
77we explicitly disclaims any responsibility for the accuracy,
completeness, or availability of information, content, and materials
found on sites that link to or from the Program. 77we cannot ensure that
you will be satisfied with any products or services that you purchase
from a third-party site that links to or from any Program or third-party
information, content, or materials. 77we does not endorse any of the
merchandise, nor has 77we taken any steps to confirm the accuracy,
completeness, or reliability of any of the information, content, or
materials contained on any third-party site. 77we does not make any
representations or warranties as to the security of any information,
content, or materials (including, without limitation, credit card and
other personal information) you might be requested to give to any third
party. You hereby irrevocably waive any claim against 77we with respect
to information, content, and materials contained on 77we' sites on third
party sites, and any information, content, and materials you provide to
such third party sites (including, without limitation, credit card and
other personal information). 77we strongly encourages you to make
whatever investigation you feel necessary or appropriate before
proceeding with any online or offline transaction with any of these
third parties.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL
77we BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES INCLUDING,
WITHOUT LIMITATION, LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND
PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE
OF, OR THE INABILITY TO USE, THE PROGRAM OR CONTENT, MATERIALS, OR
FUNCTIONS OF THE PROGRAM, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE
OR OFFLINE, OF ANY USER OF THE PROGRAM OR ANY OTHER PERSON OR ENTITY,
EVEN IF 77we HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MOREOVER, UNDER NO CIRCUMSTANCES SHALL 77we, 77we' LICENSORS AND
LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE AFFILIATES,
RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS, AND SUPPLIERS BE HELD LIABLE
FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY
FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND 77we' OR THEIR REASONABLE
CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND
TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES,
LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR
MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC
OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEITHER 77we OR 77we' LICENSORS
AND LICENSEES, NOR ANY OF THE FOREGOING ENTITIES' RESPECTIVE AFFILIATES,
RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS, AND SUPPLIERS ARE
RESPONSIBLE OR LIABLE FOR (A) ANY INCOMPATIBILITY BETWEEN THE PROGRAM
AND ANY WEBSITE, SERVICE, SOFTWARE, OR HARDWARE OR (B) ANY DELAYS OR
FAILURES YOU MAY EXPERIENCE WITH ANY TRANSMISSIONS OR TRANSACTIONS
RELATING TO THE PROGRAM IN AN ACCURATE OR TIMELY MANNER.
THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION AND
ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR THE EXCLUSION,
LIMITATION, OR DISCLAIMER LIABILITY FOR THE CERTAIN PROVISIONS SET FORTH
IN THESE TERMS OF USE, SO SUCH EXCLUSIONS, LIMITATIONS OR DISCLAIMERS
MAY NOT APPLY TO YOU. IN SUCH CASE, 77we' TOTAL LIABILITY TO YOU FOR ALL
DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT
(INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, SHALL NOT
EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR
ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE PROGRAM.
Indemnification
You hereby agree to indemnify, defend, and hold 77we, its licensors,
licensees, distributors, agents, representatives, and other authorized
users, and each of the foregoing entities' respective resellers,
distributors, service providers, and suppliers, and all of the foregoing
entities' respective affiliates, officers, directors, owners, employees,
agents, representatives, and assigns (collectively, the "Indemnified
Parties") harmless from and against any and all losses, damages,
liabilities, and costs (including, without limitation, settlement costs
and any legal or other fees and expenses for investigating or defending
any actions or threatened actions) incurred by the Indemnified Parties
in connection with any claim arising out of (a) any breach by you of
this User Agreement or claims arising from your account(s) or (b) your
violation of any law or the rights of a third party. You shall use your
best efforts to cooperate with 77we in the defense of any claim arising
from your use of the Program. 77we reserves the right, at 77we' own
expense, to employ separate counsel and assume the exclusive defense and
control of any matter otherwise subject to indemnification by you.
Release
If you have a dispute with one or more other users of 77we, LLC™, you
release 77we (and 77we' parent, affiliates, officers, directors, agents,
subsidiaries, joint ventures and employees) from any and all claims,
demands, and damages (actual and consequential) of every kind and
nature, known and unknown, arising out of or in any way connected with
such disputes. If you are a California resident, you waive California
Civil Code �1542, which says: "A general release does not extend to
claims which the creditor does not know or suspect to exist in his favor
at the time of executing the release, which if known by him must have
materially affected his settlement with the debtor."
Access and Interference
You agree that you will not use any robot, spider, scraper or other
automated means to access the Program for any purpose without 77we'
express written permission.
Additionally, you agree that you will not:
• take any action that imposes or may impose (in 77we' sole discretion)
an unreasonable or disproportionately large load on 77we'
infrastructure;
• copy, reproduce, modify, create derivative works from, distribute, or
publicly display any content (except for your information) from the
Program without the prior expressed written permission of 77we and the
appropriate third party, as applicable; or
• interfere or attempt to interfere with the proper working of the
Program or any activities conducted on the Sites.
Termination
You agree that 77we may, under certain circumstances and without prior
notice, immediately terminate your 77we, LLC™ account, any associated
addresses and numbers, and access to the Program. Cause for such
termination shall include, but not be limited to, (a) breaches or
violations of this User Agreement or other 77we policies, (b) requests
by law enforcement or other government agencies, (c) a request by you
(self-initiated account deletions), (d) discontinuance or material
modification to the Program (or any part thereof), (e) unexpected
technical or security issues or problems, (f) extended periods of
inactivity, (g) engagement by you in fraudulent or illegal activities,
and/or (h) nonpayment of any fees owed by you in connection with the
Sites. Termination of your 77we, LLC™ account includes (i) removal of
access to all offerings within the Program, (ii) deletion of your
password and all related information, files and content associated with
or inside your account (or any part thereof), and (ii) barring of
further use of the Program. Further, you agree that all terminations for
cause shall be made in 77we' sole discretion and that 77we shall not be
liable to you or any third party for any termination of your account,
any associated address and numbers, or access to the Sites.
Privacy
77we uses your information as described in the 77we Privacy Policy. 77we
stores and processes your information on computers located in the United
States that are protected by physical as well as technological security
devices. If you object to your Information being transferred or used in
this way please do not use 77we' services.
No Agency
No agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by this
Agreement.
Notices
Except as explicitly stated otherwise, legal notices shall be served on
77we's national registered agent (in the case of 77we) or to the email
address or other contact information you provide to 77we during the
registration process (in your case). Notice shall be deemed given 24
hours after email is sent, unless the sending party is notified that the
email address is invalid. Alternatively, 77we may give you legal notice
by mail to the address provided during the registration process. In such
case, notice shall be deemed given three days after the date of mailing.
Resolution of Disputes
You and 77we agree that 77we will resolve any claim or controversy at
law or equity that arises out of this Agreement or 77we' services (a
"Claim") in accordance with one of the subsections below or as 77we and
you otherwise agree in writing.
• Law and Forum for Disputes - This Agreement shall be governed in all
respects by the laws of the State of Illinois, without regard to
conflict of law provisions. You agree that any claim or dispute you may
have against 77we must be resolved by a court located in Cook County,
Illinois, except as otherwise agreed by the parties or as described in
the Arbitration Option paragraph below. You agree to submit to the
personal jurisdiction of the courts located within Cook County, Illinois
for the purpose of litigating all such claims or disputes.
• Arbitration Option - For any claim (excluding claims for injunctive or
other equitable relief) where the total amount of the award sought is
less than $10,000, the party requesting relief may elect to resolve the
dispute in a cost effective manner through binding non-appearance-based
arbitration. In the event a party elects arbitration, they shall
initiate such arbitration through an established alternative dispute
resolution ("ADR") provider mutually agreed upon by the parties. The ADR
provider and the parties must comply with the following rules: a) the
arbitration shall be conducted by telephone, online and/or be solely
based on written submissions, the specific manner shall be chosen by the
party initiating the arbitration; b) the arbitration shall not involve
any personal appearance by the parties or witnesses unless otherwise
mutually agreed by the parties; and c) any judgment on the award
rendered by the arbitrator may be entered in any court of competent
jurisdiction.
• Improperly Filed Claims - All claims you bring against 77we must be
resolved in accordance with this Resolution of Disputes Section. All
claims filed or brought contrary to the Resolution of Disputes Section
shall be considered improperly filed. Should you file a claim contrary
to the Resolution of Disputes Section, 77we may recover attorneys' fees
and costs up to $1,000, provided that 77we has notified you in writing
of the improperly filed claim, and you have failed to promptly withdraw
the claim.
General
If any provision of this Agreement is held to be invalid or
unenforceable, such provision shall be struck and the remaining
provisions shall be enforced. In 77we' sole discretion, 77we may assign
any or all of its rights and obligations contained in this Agreement at
any time. Headings are for reference purposes only and do not limit the
scope or extent of such section. 77we' failure to act with respect to a
breach by you or others does not waive 77we' right to act with respect
to subsequent or similar breaches. 77we does not guarantee 77we will
take action against all breaches of this Agreement.
77we may amend this Agreement at any time by posting the amended terms
on this Site. All amended terms shall automatically be effective on the
day they are initially posted. This Agreement may not be otherwise
amended except in a writing signed by you and 77we. This Agreement sets
forth the entire understanding and agreement between 77we and you with
respect to the subject matter hereof. The following Sections survive any
termination of this Agreement: Release, Content License, Disclaimer,
Limitation of Liability, Indemnification and Resolution of Disputes.
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