Pool Points Program - The Wealth Pool

The Wealth Pool, LLC

POOL POINTS PROGRAM TERMS & CONDITIONS

Last Updated: August 7, 2019

NOTICE REGARDING DISPUTE RESOLUTION: THESE POOL POINTS PROGRAM TERMS AND CONDITIONS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND WE MAY HAVE AGAINST EACH OTHER ARE RESOLVED (SEE PARAGRAPH 8 BELOW), INCLUDING AN AGREEMENT AND OBLIGATION TO ARBITRATE DISPUTES, WHICH WILL, SUBJECT TO LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING ARBITRATION, UNLESS YOU OPT OUT IN ACCORDANCE WITH PARAGRAPH 8(H). UNLESS YOU OPT-OUT OF ARBITRATION: (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (B) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

Thank you for your interest in The Pool Points Rewards program (“Pool Points Program” or the “Program”). The Pool Points Program is a customer benefits and referral program offered by The Wealth Pool, LLC, an Illinois limited liability company ("TWP," “we” or “us”), whereby TWP account holders can earn and use Program points (“Points”) in accordance with the terms and conditions set forth below. The following terms and conditions (the "Terms") govern your participation in the Program. By setting up a TWP account (“Account”), signing in to your Account, making a referral, or otherwise using the Program via this website (the "Website"), you acknowledge that you have read, understood, and agree to be bound by these Terms as well as our general Terms and Conditions (the "General Terms and Conditions"), and that you agree to comply with all applicable laws and regulations with respect to Pool Points Program.

IF YOU DO NOT AGREE TO THE PROGRAM TERMS AND CONDITIONS AND THE GENERAL TERMS AND CONDITIONS, DO NOT SET UP AN ACCOUNT, SIGN IN TO YOUR ACCOUNT, MAKE A REFERRAL, OR OTHERWISE PARTICIPATE IN THE PROGRAM. IF YOU DO NOT AGREE TO THE PROGRAM TERMS AND CONDITIONS WHEN YOU SET UP AN ACCOUNT, ANY POINTS THAT HAVE ACCUMULATED WILL NOT BE CREDITED TO YOUR ACCOUNT, AND YOU WILL NOT BE ABLE TO REDEEM THOSE POINTS.

1. Changes to Program and Terms

TWP may modify, update, add to, discontinue, remove or otherwise change these Terms or the Program at any time, in its sole discretion. Such changes may include, without limitation, changes in the terms and conditions for: the accrual, value, and award of Points, the redemption of Points or other Program benefits, or other aspects of the Program Terms. You may not rely on the continued availability of Points or other Program benefits.

Each such modification will take immediate effect upon notice to you. TWP may provide you with notice by email, regular mail, notice posted on the Website, or other reasonable means now known or hereinafter developed.

Your continued use of the Program and this Website following any such notifications constitutes your acceptance of such modifications and your agreement to be bound by these Terms. If you do not agree to any modification of these Terms, your sole remedy is to discontinue your use of the Website and Program. The most current version of these Terms will be available on our Website and supersedes previous versions.

2. Eligibility

The Program is open to all individuals aged 18 or over, who are legal residents of the United States, with an active Account. To redeem certain offers and promotions offered by the Program, you may be required to provide us with certain additional information. Any and all information collected from you shall be subject to our Privacy Policy, which is hereby incorporated by reference. All Pool Points awards are subject to review. TWP reserves the right to withhold, deny or cancel any Pool Points and/or terminate your Account if TWP, in its sole discretion, deems any Pool Points awarded as fraudulent, abusive, unethical, suspicious or otherwise inconsistent with the Terms or any other applicable law or regulation. TWP decisions are final.

3. Referral Pool Points

To receive points under the program (“Pool Points”) for a referral under the Program, eligible referrers (“Referrers”) must create an Account, receive their unique referral links, and send the relevant link(s) to third party individuals (“Referred Clients”) whom they intend to refer to the Service. In order for the Referrer to receive credit, the Referred Client must use their Referrer’s unique link to first register for an Account, create a complete personal profile, and purchase TWP’s paid retail service (the “Service”) for 3 consecutive months. After the first 3 consecutive months, the Referrer will receive 3 Pool Points, and will receive 1 Pool Point per month for each month that the Referred Client purchases the Service thereafter.

Only one referral credit (“Referral Reward”) will be awarded per Referred Client per month, regardless of whether the Referred Client purchases multiple services from TWP during any month. A Referrer will not earn Pool Points if their Referred Client has an existing TWP Account or if the Referred Client does not use the correct referral link when first creating their Account. A Referrer will not earn Pool Points if their Referred Client cancels their Service, switches to an unpaid TWP service, or switches to an employer-subsidized service.

Referrers will not receive credit for referring themselves, including for creating a new account or purchasing a new Service via their own unique referral link. Referrers are limited to referring their own friends, family members, and direct acquaintances. Any Referred Client must be able to personally identify their Referrer. TWP reserves the right to disqualify anyone from this Program at any time. Anyone who violates these Terms is ineligible for any Pool Points.

The Program supports referrals to TWP’s paid Service only, and no Pool Points will be awarded for referral to other TWP services.

3.1 Non-solicitation Agreement

You agree not to compensate, or accept any compensation from, Referred Clients whom you refer to TWP through the Program. You further agree that your activities will be limited to informing your contacts about TWP's services so that they may independently decide whether or not to sign-up as a TWP client. You may not collect information from your contacts or assist with creating a TWP profile or purchasing any TWP products or services.

3.2 No Spam

You must comply with all applicable laws and regulations, including anti-spam laws. Any distribution of a Program link, including by email or social media, must be done in a personal manner. Bulk email distribution and any use of automated devices or third party services is prohibited. Program links should only be sent to your own friends, family members, and direct acquaintances. Referrers may not purchase internet search terms or publicly advertise TWP’s services, services or name in any fashion. Further, any distribution of a Program link that could constitute unsolicited commercial email or “spam,” any content which impersonates or implies an affiliation with or endorsement by TWP or any TWP affiliate, or any actions which otherwise violate any conditions imposed by TWP, are prohibited and will be grounds for immediate termination.

4. Bonus Pool Points Offers

TWP may periodically offer Pool Points for participation in special promotions. If you elect to participate in our these promotions, the terms and conditions accompanying such offers will govern how they are earned and paid if the terms and conditions differ from this Agreement. All Pool Points awarded pursuant to a special promotion are subject to review. TWP reserves the right to withhold, deny or cancel any such Pool Points or terminate your Account if TWP determines, in its sole discretion, that any of your activity may fraudulent, abusive, unethical, suspicious or otherwise inconsistent with these Terms or any applicable law or regulation. TWP decisions are final.

5. Pool Points Redemption

Pool Points may be redeemed for cash, with a value of 1 Pool Point per $1 USD. This conversion is subject to change at any time, is not guaranteed, and should not be relied upon.

5.1 Requirements. As a condition of payment of Pool Points, you must: (i) establish and maintain an active Account; (ii) provide a valid email address at which you are able to receive email; and (iii) provide a valid PayPal email address and/or a phone number associated with a Venmo account for receiving payment. If you elect to receive payment via PayPal, you must not use a PayPal account associated with another Account. If you elect to receive payment via Venmo, you must not use a Venmo account associated with another Account and must not use a VoIP number. A single PayPal email address cannot be connected to multiple Accounts; a single Venmo phone number cannot be connected to multiple Accounts. You further agree to provide additional information we may reasonably request to verify your identity as a condition for receiving payment.

5.2 Payments. The minimum payment amount for redemption of Pool Points rewards is $10. Balances below $10 conversion value will remain in your Account for potential payment during the next quarter. TWP pays members in U.S. dollars via Venmo, PayPal, or other payment options as TWP may make available from time to time. You may select or change your payment options by updating your information in “My Profile” under “My Rewards.” TWP will automatically convert Pool Points with a $10 conversion value for payment each quarter. TWP also reserves the right to modify the payment schedule at any time. TWP is not responsible for payment errors made by payment partners, like PayPal and Venmo.

5.3 Fraudulent Activity We reserve the right to investigate any transactions, referral activity, or interaction with any TWP website or program that we believe, in our sole discretion, is abusing or has abused the Program. We reserve the right to rescind any Pool Points, bar further Pool Point accrual, and/or terminate any Account that we believe, in our sole discretion, is abusing or has abused the Program. Any failure to comply with these Terms, any fraud or abuse relating to the accrual or receipt of Pool Points or other rewards and bonuses, or any misrepresentation of any information furnished to TWP by you or anyone acting on your behalf may result in the termination of your Account and forfeiture of any accrued Pool Points. If TWP has any reason to suspect fraudulent activity is associated with your Account, TWP reserves the right to delay or withhold conversion of Pool Points. Any suspected or actual cases of fraud activity will be escalated and reviewed in accordance with our fraud process. TWP decisions are final.

5. Independent Contractor

Your participation in the Program is solely as an independent contractor. Neither you nor TWP intend to establish an employment relationship and you are not entitled to any benefits. If the cumulative Pool Points rewards paid to an individual in a one calendar year exceed $599 USD, then form W-9 may be required to be completed prior to funds disbursement. Any payments that are not claimed within 180 days of the date the funds have been made available, whether because PayPal or Venmo account or required tax information have not been provided or otherwise are subject to forfeit. TWP reserves the right to change or eliminate the Program at any time.

6. Disclaimer of Liability.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS. TWP MAKES NO WARRANTY OF ANY KIND RELATED TO THE PROGRAM AND/OR ANY PARTNER PROGRAMS, AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT THERETO, WHETHER EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DESIGN, ACCURACY, CAPABILITY, SUFFICIENCY, SUITABILITY, CAPACITY, COMPLETENESS OR AVAILABILITY) AND/OR ARISING BY STATUTE OR OTHERWISE IN LAW FROM DEALING OR USAGE OF TRADE.

7. Limitation of Liability.

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, NEITHER TWP NOR ITS PARENT, SUBSIDIARIES, RELATED COMPANIES OR CONTROLLED AFFILIATES OR ANY OF ITS OR THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, SERVICE PROVIDERS, STRATEGIC PARTNERS OR DISTRIBUTION PARTNERS (COLLECTIVELY, “COMPANY ENTITIES”) SHALL BE LIABLE FOR, AND YOU HEREBY WAIVE YOUR RIGHT TO MAKE A CLAIM AGAINST THE COMPANY ENTITIES FOR, ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM, ARISING FROM, RELATING TO OR IN ANY WAY CONNECTED WITH: (a) THE USE OF OR PARTICIPATION IN, OR THE INABILITY TO USE OR PARTICIPATE IN, THE PROGRAM OR ANY PARTNER PROGRAMS; (b) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA WHEN USING THE WEBSITE OR APP; OR (c) ANY OTHER MATTER RELATING. IF YOU ARE DISSATISFIED WITH ANY OF THE PROGRAM TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CLOSE YOUR ACCOUNT AND DISCONTINUE PARTICIPATION IN THE PROGRAM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

8. Arbitration and Dispute Resolution Agreement.

PLEASE READ THE FOLLOWING CLAUSE CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

1. A. Initial Dispute Resolution. We are available by email at info@thewealthpool.com to address any concerns you may have regarding your participation in the Program. Most concerns may be quickly resolved in this manner. Except for intellectual property claims and small claims court claims (see Paragraphs 8(D) and 8(E) below), we and you (each a “party” and together, the “parties” for the purposes of this Paragraph 8) shall attempt to settle any dispute, claim, question or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration. Notices of Dispute must: (1) include the full name and contact information of the complaining party; (2) describe the nature and basis of the claim or dispute; and (3) set forth the specific relief sought (“Demand”). We will send our Notice of Dispute to the email address you provided to us when you registered your Account. You will send your Notice of Dispute to: The Wealth Pool, Attn: Legal, 222 W. Merchandise Mart Pl., Suite 1212, Chicago IL 60654.
2. B. Agreement to Binding Arbitration. If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to Paragraph 8(A) above, then either party may initiate binding arbitration. All claims arising out of or relating to this agreement (including its formation, performance and breach) and/or your participation in the Program shall be finally settled by binding arbitration administered by the American Arbitration Association on a confidential basis in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this agreement, including but not limited to any claim that all or any part of this agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of this agreement shall be governed by the Federal Arbitration Act.

THE AAA’S RULES GOVERNING THE ARBITRATION MAY BE ACCESSED AT WWW.ADR.ORG OR BY CALLING THE AAA AT 1.800.778.7879. TO THE EXTENT THE FILING FEE FOR THE ARBITRATION EXCEEDS THE COST OF FILING A LAWSUIT, WE WILL PAY THE ADDITIONAL COST. A REQUEST FOR PAYMENT OF FEES SHOULD BE SUBMITTED TO AAA ALONG WITH YOUR FORM FOR INITIATING THE ARBITRATION, AND WE WILL MAKE ARRANGEMENTS TO PAY ALL NECESSARY FEES DIRECTLY TO THE AAA. IF THE ARBITRATOR FINDS THE ARBITRATION TO BE NON-FRIVOLOUS, WE WILL PAY ALL OF THE ACTUAL FILING AND ARBITRATOR FEES FOR THE ARBITRATION, PROVIDED YOUR CLAIM DOES NOT EXCEED $75,000. THE ARBITRATION RULES ALSO PERMIT YOU TO RECOVER ATTORNEYS’ FEES IN CERTAIN CIRCUMSTANCES.

THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAT IN COURT.

1. C. Class Action and Class Arbitration Waiver. THE PARTIES FURTHER AGREE THAT ANY ARBITRATION SHALL BE CONDUCTED IN THEIR INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Paragraph 8(B) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
2. D. Exceptions – Intellectual Property Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief under law or in equity (including without limitation preliminary or other injunctive relief) in any court of competent jurisdiction for disputes or claims arising out of the alleged infringement of either party’s intellectual property rights. Neither party is required to engage in informal dispute resolution pursuant to Paragraphs 8(A) and 8(B) above before seeking relief in any court of competent jurisdiction for disputes or claims arising out of such alleged infringements.
3. E. Exceptions – Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in small claims court for disputes or claims within the scope of that court’s jurisdiction. Neither party is required to engage in informal dispute resolution pursuant to Paragraphs 8(A) and 8(B) above before seeking relief in small claims court for disputes or claims within the scope of that court’s jurisdiction.
4. F. 30 Day Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Paragraphs 8(B), 8(C), 8(D) and 8(E) by sending written notice of your decision to opt-out to the following address: The Wealth Pool, Attn: Legal, 222 W. Merchandise Mart Pl., Suite 1212, Chicago IL 60654.

The notice must be sent within thirty (30) days after the first of the following to occur after the Effective Date: (i) you set up a new Account, or (ii) you sign in to your existing Account, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.

1. G. Exclusive Venue for Litigation; JURY TRIAL WAIVER. To the extent that the arbitration provisions set forth in Paragraph 8(B) do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in State of Illinois, Cook County (except for small claims court actions which may be brought in the county where you reside, provided that we are subject to jurisdiction there). The parties expressly consent to exclusive jurisdiction in the State of Illinois, Cook County for any litigation other than small claims court actions. The parties also expressly agree that, to the extent that the arbitration provisions set forth in Paragraph 8(B) do not apply, these Program Terms and Conditions shall be construed in accordance with the laws of the State of Illinois without regard to its conflict of laws rules that would result in the application of the laws of a jurisdiction other than the State of Illinois. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available. THE PARTIES ALSO EXPRESSLY AGREE THAT, TO THE EXTENT THAT THE ARBITRATION PROVISIONS SET FORTH IN PARAGRAPH 8(B) ABOVE DO NOT APPLY, THE PARTIES EXPRESSLY WAIVE THE RIGHT TO TRIAL BY JURY.
2. H. Modifications. Any modification to Paragraph 8 shall not apply to any disputes of which we are aware or reasonably should be aware at the time of such modification, and will apply to all disputes arising after such modification, regardless of whether such disputes arise from events or omissions that occurred before such modification. Notwithstanding any provision in this Paragraph 8 to the contrary, if we make any future change to this Paragraph 20 (other than a change to the email address in Paragraph 20(A) to which you should send us notice of any dispute), you may reject any such change by sending us written notice within thirty (30) days after the change to The Wealth Pool, Attn: Legal, 222 W. Merchandise Mart Pl., Suite 1212, Chicago IL 60654. By rejecting any change(s), you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision (unless you timely opted-out of the arbitration provisions pursuant to Subsection F above).

9. Miscellaneous.

TWP has the sole right to interpret and apply the Terms. Pool Points and other Program benefits are non-transferable and may not be shared among Account holders, their estates, successors or assigns. In addition, accumulated Pool Points do not constitute property of the Account holder and are non-transferable, including without limitation upon the death of an Account holder or as a part of any domestic relations matter. If any provision hereof shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms, and shall not affect the validity and enforceability of any remaining provisions hereof. Our electronically or otherwise properly stored copy of these Terms will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms. Our waiver of any violation of these Terms will not be a waiver of any preceding or subsequent violation hereof. These Terms constitute the entire understanding with respect to the subject matter hereof, and shall supersede any and all communications, negotiations, correspondence, course of dealings and other agreements regarding such subject matter.

10. Questions.

Please contact us with any questions regarding Program or the Terms by email at info@thewealthpool.com.