This Agreement will be governed and construed in accordance with the laws of the State of Tennessee applicable to agreements made and to be performed in Tennessee.
1417LLC operating as 1417Power and 1417Pulse and its affiliates and business partners are NOT financial advisors. You are encouraged to engage your personal financial advisor for professional advice. The examples presented in this website are for illustration only. Even those examples referencing indexes with past averages are for illustration only. Past performance of any fund, program, or strategy is not an indicator of future performance.
1417Power Inc. may modify this Agreement at any time, and such modifications will be effective immediately upon either posting of the modified agreement on this Web site or by notifying you (as defined herein below). You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the Service will be deemed your conclusive acceptance of the modified agreement.
This Agreement is between you ("I", "Me", "MY", "You", "Your", or "User") and 1417LLC doing business as 1417Power the provider of the online information, transaction services and communication services. During the period in which I (User) am provided with authorized access to information of 1417LLC and subsidiaries and affiliates of 1417LLC, I agree to the following provisions:
Information Systems Disclosure (Includes all affiliates of 1417Power):
I, the User, and 1417Power acknowledge and agree any and all transactions performed during the term of this Agreement are conducted through the utilization of electronic transactions and verified by the use of electronic signatures are binding as stated by law. I understand My consent, when issued electronically by use of My unique identifiers or passwords, bears the same legal authority as My written signature and is binding as stated by law.
I and 1417Power acknowledge and agree all transactions conducted electronically bear the same legal authority as paper documents with written signatures and are binding as stated by law. Types of electronically conducted transactions include, but are not limited to activity related to:
I and 1417Power agree that certain minimum hardware and software requirements must be met in order to conduct electronic transactions.
I may terminate this Agreement should I be unable to communicate electronically under these or any new technical requirements.
I understand 1417Power cannot and does not guarantee or warrant any files which may be available for downloading through the Service will be free of computer viruses or other code that manifests contaminating or destructive properties. I am responsible for implementing sufficient procedures and checkpoints to satisfy My particular requirements for accuracy of data input and output, and for maintaining a means external to the Service for the reconstruction of any lost data.
1417Power:
Any information You submit through the Service or while using the Service, and any information collected about Your use of the Service by 1417Power, will be subject to 1417Power's Privacy Policy. Please note, however, that information you submit or disclose while using the Service will be provided to 1417LLC and 1417Pulse. You specifically consent to this disclosure to 1417LLC and 1417Pulse when You use the Service.
THIS CONFIDENTIALITY AGREEMENT is entered into by and between 1417POWER ("1417Power") and you in your role as a Student Employee, Sponsor, Parent, Guardian, Sales Agent, or employee of 1417Power and You are sometimes hereinafter referred to individually as the "Party" or collectively as the "Parties".
WHEREAS, the Parties hereto desire to enter into a confidentiality arrangement whereby parties shall share information;
WHEREAS, the Parties acknowledge that any information or data, whether printed, written, oral or electronically stored or reproduced and whether provided in response to specific inquiry or voluntarily provided, including but not limited to the identity of 1417Power's customers, 1417Power's methods of doing business, and financial information regarding 1417Power's customer contracts, both detailed information and the basic nature of the information is confidential, and both Parties intend such information remain confidential ("Confidential Material");
WHEREAS The term "Confidential Material" does not include information which (i) becomes generally available to the public other than as a result of a disclosure by party or parties' subsidiaries or agents,(ii) was rightfully available to party on a non-confidential basis from a source other than said parties, provided such source is not bound by a confidentiality agreement with any of said parties or otherwise prohibited from transmitting the information to party by a contractual, legal or fiduciary obligation.
NOW THEREFORE, Without the written prior consent of the parties, the other party will not, and will direct your parents, sponsors, or in the case of a company your employees, directors, or agents who have access to the Confidential Materials, not to disclose any of the Confidential Materials. The term "person" as used in this Agreement shall be broadly interpreted to include, without limitation, any corporation, company, partnership, trust or individual.
Both parties shall maintain the confidentiality of information. The Parties agree to prevent the disclosure of such information to third parties except in connection with its obligations hereunder and as may be required by law.
You and if you are a company your subsidiaries, agents, or employees, will not, and you will direct your directors, officers, employees and representatives not to, use any of the Confidential Material for any reason or purpose other than to provide the services.
In the event that party or any of parties subsidiaries are requested or required (by oral questions, interrogatories, requests for information or document, subpoena, civil investigative demand or similar process) to disclose any information supplied to you in the course of your dealings with the other party or any subsidiary of the other party or the agents of any of them, you agree to provide the other party with prompt notice of such request(s) so that it may seek an appropriate protective order and/or waive your compliance with the provisions of this Agreement. It is further agreed that, if in the absence of a protective order or the receipt of a waiver hereunder you are nonetheless, in the reasonable opinion of your attorney, compelled to disclose information concerning the other party or any subsidiary of the other party to any tribunal or else stand liable for contempt or suffer other censure or penalty, you may disclose such information to such tribunal without liability hereunder.
At the termination of such Agreement, you will promptly, upon the request of the other party, deliver to such party all documents or other matters furnished to you constituting Confidential Material, without retaining any copy thereof. In the event of such request, all other documents or other matters constituting Confidential Material will be destroyed (including all electronic images of Confidential Material), and you will confirm in writing that all Confidential Material has been returned or destroyed.
It is understood and agreed that no failure or delay by the other party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder.
For 1417Power members, the following Terms and Conditions also apply:
By registering on the 1417Power website to participate in the 1417Power incentive program, I acknowledge that I am doing so voluntarily and with the understanding that 1417Power is not providing financial advice to me in connection with the 1417Power program. I understand that any activities, goals, or other information presented to me under the 1417Power program are not substitutes for a professional financial evaluation and advice. I should obtain necessary financial advice about participation in the 1417Power program from my personal financial service providers.
I understand that regardless of my physical condition while engaged in the 1417Power program, certain elements of the 1417Power program may involve risk of injuries or aggravation of preexisting injuries, or physical conditions.
I fully accept all such risks resulting from engagement in the 1417Power program and hereby release and discharge 1417Power from any and all liability, claims, suits, demands or causes of action which may arise from my engagement in the 1417Power program. This release of liability and waiver is intended to cover all acts or omissions of 1417Power even if such act or omission is the result of intentional, reckless, grossly negligent or negligent conduct.
I understand this Release and Waiver is contractual and not a mere recital. I have read it fully; I hereby acknowledge that I understand it; and I voluntarily accept it.
The Reward Redemption Partners on this Website may be independent contractors and not agent or employees of 1417Power. 1417Power hereby disclaims any liability, whether based on contract, tort, strict liability or otherwise, including without limitation liability for any direct, punitive, special, consequential, incidental or indirect damages, in connection with the goods or services provided by any Reward Redemption Partner through the Site, including without limitation liability for any act, error, omission, injury, loss, accident, delay or irregularity which may be incurred through the fault, negligence or otherwise, of such Reward Redemption Partner and you hereby exonerate 1417Power from any liability with respect to the same.
The following terms and conditions apply to Rewards and their redemption. Rewards merchants may have additional policies, terms, and conditions, which will be disclosed separately on the merchant's website. Please review the merchant website for these complete details.
The following terms and conditions are subject to change without notice.
Incentive Reward prices and availability are subject to change without notice. Incentive Points and Rewards are non-transferable and may not be combined among members, estates, successors and assigns. Incentive Points are void and all eligibility for reward redemption ends immediately upon a member's termination from the 1417Power Incentive program. Individuals are responsible for funding the full cost of any rewards redeemed after the effective date of his or her termination from Vitality, even if such termination is retroactive.
Only the Student Employee member may conduct Incentive transactions
Members must submit a valid email address to redeem a reward. Order confirmation will be made to this email.
Violation of these conditions may result in forfeiture of Incentive Points and termination from the Incentive program.
Unless stated explicitly otherwise, Incentive Rewards are not eligible for return or refund.
Members should refuse acceptance of shipments which are visibly damaged or defective.
Some items and merchandise may not be eligible for shipment to P.O., A.P.O or F.P.O boxes.
Unless otherwise noted, rewards may only be shipped to the 50 United States and the District of Columbia.
1417Power is not responsible for replacing shipments made to invalid or incorrectly supplied addresses.
August 2016 promotion provides a $60 per month discount for months 3 through 12 following enrollment in August 2016 with participation starting in September - December 2016. For enrollment in the Lump Sum or Monthly Prepayment discount programs, two level increase in participation will be awarded for months 1 through 12 of participation.
1417LLC offers a referral reward program for Independent Sales Agency and 1417Power Student Employee, Sponsor and parent prospect referrals made for participation in the 1417Power program. The following terms and conditions apply to the referral reward program(s):
Authority and Modifications
1417LLC pays referral rewards, equal to your referral's commission up to $250, are paid after your referral's third month as an agent to the first individual that provides a complete Independent Sales Consultant referral. Sales Consultant referral rewards are paid only to the first referral. The 2nd and any subsequent referral for any prospect does not qualify for referral reward.
To be a complete referral requires all data elements in the referral submit form of the 1417Power website. Sales Consultant referrals are paid only after the referred party receives their first commission payment.
Referrals remain qualified for reward for 6 months following the date of the first referral submitted. After 6 months the referred individual of entity is never again eligible for the referral reward.
Any individual or legal entity that is not precluded by their respective state law(s) is eligible to submit any other individual or legal entity as a referral.
Any individual or entity that is entitled to 2 or more referral rewards must provide complete and accurate tax payer identification including name, address, and social security number or EIN, to receive the 2nd or subsequent referral reward payment. The recipient is obligated to make sure this information is complete and accurate through February of the year following the year in which the reward is paid.
Referral rewards are paid only after the referred party signs the 1417Power Independent Sales Consultant Agreement and earns commission.Â
In no case will 1417LLC and or 1417Power be liable for duplicate referral rewards. The single and only correct referral reward recipient will be determined at the sole discretion of 1417LLC.
1417LLC pays referral reward to the first individual that provides a complete Sponsor referral. Sponsor referral rewards are paid only to the first referral. The 2nd and any subsequent referral for any prospect does not qualify for referral reward.
August 2016 promotion provides a $60 per month discount for months 3 through 12 following enrollment in August 2016 with participation starting in September - December 2016. For enrollment in the Lump Sum or Monthly Prepayment discount programs, two level increase in participation will be awarded for months 1 through 12 of participation.
Existing 1417Power customers receive a credit equal to 25% of the 3rd month’s fee paid by their referral (based on a minimum $50.00) and 5% of the 3rd month’s fee paid by their referral’s referral. Referral credits are used as “scholarship” awards to increase their level and or duration of participation. See the sponsor’s manual for details. Referral rewards for existing customers are based on the number of new Student Employees in the initial group created from the referral.
Individuals or entities that are not customers of 1417Power at the time the referral award is qualified receive $50.00 per referral that becomes a fee paying account. One referral reward is paid for each new account, regardless of the number of sponsors, and or Student Employees included within the account.
To be a complete referral requires all data elements in the referral submit form of the 1417Power website.
Referrals remain qualified for the reward for 6 months following the date of the first referral submitted. After 6 months the referred individual of entity is never again eligible for referral reward.
Any individual or legal entity that is not precluded by their respective state law(s) is eligible to submit any other individual or legal entity as a referral. Any individual or entity that is entitled to 10 or more referral rewards paid in cash must provide complete and accurate tax payer identification including name, address, and social security number or EIN, to receive the 10th or subsequent referral reward payment. The recipient is obligated to make sure this information is complete and accurate through February of the year following the year in which the reward is paid.
Referral rewards are paid only after the referred party signs the Sponsor Agreement and pays a Lump Sum prepayment or monthly fees that exceed $50 per enrolled Student Employee.
In no case will 1417LLC and or 1417Power be liable for duplicate referral rewards. The single and only correct referral reward recipient will be determined at the sole discretion of 1417LLC.