User Agreement

Welcome to Lootzi.com, Inc. ("Lootzi").  Lootzi is a service offering commission-based affiliate marketing from our merchant partners ("Affiliate Merchants"). To ensure that you, as a Lootzi.com Registered User ("User"), fully understand what your rights are as a User, and what our responsibilities are to you, we have created this User Agreement ("Agreement").  As a User of the Lootzi.com website (referred to herein as "Lootzi.com" or the "Site"), you agree that you have read, understood and agreed to the following "Terms and Conditions," and consent to be bound by all of the "Terms and Conditions," including any future amendments or updates thereto.

 

Terms and Conditions

 

 

This site contains robot exclusion headers.  Much of the information on Lootzi.com is updated on a real time basis and is proprietary or is licensed to Lootzi by our Users, Affiliate Merchants, or third parties. You agree that you will not exceed the limited access to the Site granted to you or use any robot, spider, scraper or other automated means to access Lootzi.com for any purpose without our express written permission.

 

Additionally, you agree that you will not:

 

(i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;

 

(ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content from this Site without the prior expressed written permission of Lootzi and appropriate third party, as applicable;

 

(iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or

 

(iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

 

 

As a User of Lootzi.com, you have the ability to earn money in the form of automatic rebates, which are separate and apart from, and in addition to, any other discounts available through Lootzi.com. ("Lootzi Cash Back"). This section identifies the manner in which you may earn Lootzi Cash Back, when you will be paid, what rights you have as a User to the Lootzi Cash Back you have earned, and Lootzi's rights and responsibilities with respect to the Lootzi Cash Back program.

 

 

The Lootzi Cash Back rebates program (the "Program") allows Lootzi.com Users to shop with Lootzi's participating merchants, and earn Lootzi Cash Back. The Program is free to Users, and is conferred as a benefit of registration with Lootzi. You are under no obligation to participate or redeem your Lootzi Cash Back.

 

As a User, Lootzi Cash Back is automatically earned when you make a qualifying online purchase from a merchant participating in the Program (a "Participating Merchant") on our Stores page. Some Participating Merchants may have special requirements to earn Lootzi Cash Back. Click the red asterisk next to their cash back offer for requirements and restrictions. Further, not all merchants listed on our Stores page participate in the Program. Participating Merchant's are identified by a corresponding offer ( % or $ ) to the left of their store name.

 

 

The Program is offered for purchases made through links on the Lootzi.com website. You must have Internet access and a valid working e-mail address to receive the privileges of the Program. Further, participation in the Program is limited to individuals that are 18 years of age or older.

 

 

To be eligible to receive Lootzi Cash Back, you must make a qualifying purchase. Generally, in order to make a qualifying purchase, you must satisfy the following criteria:

 

(1). You must be 18 years of age or older.

(2). You must log on to Lootzi.com with your user name;

(3). You must link to a Participating Merchant from Lootzi.com;

(4). You must add items to your cart;

(5). You must complete your transaction;

(6). You must have cookies enabled on your web browser; and

(7). You must reside in the U.S.A. or Canada

 

Reasons why you will not earn Lootzi Cash Back, include, but are not limited to, the following:

 

(1). You are under the age of 18;

(2). You do not log onto Lootzi.com with your user name;

(3). You go directly to the participating merchant without first visiting Lootzi.com;

(4). You complete multiple transactions without returning to Lootzi.com, as completing each transaction ends your "cash back session" with Lootzi, and you have to start over to earn cash back on additional purchases/orders;

(5). You type a new address (URL) in the window opened by a Lootzi Stores or Offers page;

(6). You click on any "special offers" or toolbars from other websites while shopping;

(7). You allow too much time to lapse between linking to the merchant and completing the purchase;

(8). You contact the merchant to change an order;

(9). You fail to abide by the restrictions imposed by a Participating Merchant.

(10) You do not reside in the United States or Canada;

(11). The Participating Merchant fails to transmit to Lootzi the commission corresponding to the transaction for any reason or any commission transmitted to Lootzi is required to be repaid by an order of any court of competent jurisdiction; or

(12). You have been notified by Lootzi that you, or certain purchases, are not eligible for Cash Back.

 

Determination of whether or not a purchase made through a Participating Merchant is a qualifying purchase is made at the discretion of Lootzi.com.

 

Lootzi.com is not responsible for tracking problems resulting from incorrect usage of the Lootzi.com site, disabling cookies, computer issues resulting from unknown causes such as third-party software or other issues, Participating Merchant errors/omissions, or from any other failure of tracking mechanisms.

 

Upon registration of your user name with Lootzi.com, an account will be set up in your name for all Lootzi Cash Back you earn. The appropriate Lootzi Cash Back rebate will be posted to your account as "Reported" within thirty (30) days of the date on which a Participating Merchant reports your transaction to Lootzi.com. For a period of ninety one (91) to one hundred twenty one (121) days thereafter, your account will refer to the Lootzi Cash Back rebate as "Pending." This time period is in accordance with the Participating Merchant's right to reverse a transaction for return purposes. Once the Participating Merchant authorizes the payment of Lootzi.com's commission in connection with a qualifying purchase made by you, we will credit your account with the applicable Lootzi Cash Back. Your Lootzi Cash Back earned will be identified as "Available," at which time you can request a payment redeeming your Lootzi Cash Back. You can view your balance and history by clicking My Account in the upper right corner of any page.

 

 

 

You are solely responsible for redeeming Lootzi Cash Back. There is no automatic or periodic redemption.

 

 

Lootzi Cash Back awarded to you is subject to adjustments for returns and cancellations, Lootzi's receipt of information and payments on such purchases/orders from Participating Merchants, and other events. Lootzi reserves the right to make adjustments to User's accounts at any time in accordance with this Agreement. If you disagree with any adjustments made to your account, your sole remedy is to discontinue use of Lootzi.com.

 

Lootzi is not responsible for changes to, or discontinuance of, any Participating Merchant, or any Participating Merchant's withdrawal from the Program, or for any effect on accrual of Lootzi Cash Back caused by such changes, discontinuance or withdrawal.

 

 

Lootzi reserves the right to terminate the Program in whole or in part at any time with notice. In the event the Program is terminated, you will have sixty (60) days to redeem your Lootzi Cash Back from the date notice is transmitted by Lootzi to the email address specified in your account. Notification will be sent to the email address provided to Lootzi during the registration process. Lootzi will not be responsible for failing to notify you of Program termination where such failure is caused by an inaccurate email address, your failure to check email online, or your failure to inform Lootzi of a change in your email address.

 

 

You are responsible for maintaining accurate account information at all times, including valid email address information. You are responsible for keeping your email address, password and all other information concerning your account confidential. Lootzi is entitled to act on instructions received under your username and password. Lootzi is not responsible for any credits or debits made to your account by someone else who uses your username or password. Lootzi will not be responsible for any losses or liabilities incurred through the use of your password by a third party.

 

You are also responsible for reviewing your account balance on a regular basis, and for checking to ensure that all Lootzi Cash Back has been properly credited to your account. If a discrepancy occurs in your Lootzi Cash Back account, such as a rebate not being credited to the account, then you must contact Lootzi via our customer support link on the Site, within sixty (60) days of the purchase/order date from a Participating Merchant. If you fail to contact Lootzi within that sixty (60) day period,  such purchase/order shall be deemed to be accurate and you hereby waive any right to dispute said purchase/order.

 

 

(a) Participation in the Program is personal to you. Lootzi Cash Back received under the Program may not be assigned or transferred to any third party, except as expressly permitted by Lootzi, in writing. The sale, transfer, lending, exchange, pooling or barter of any Lootzi Cash Back, other than by Lootzi, is expressly prohibited. Any Lootzi Cash Back assigned, sold, or otherwise transferred in violation hereof may be confiscated or canceled.

 

(b) Lootzi will use information collected from you as set forth in our Privacy Policy. You are encouraged to read our Privacy Policy to understand our information collection and use practices.(c) You are responsible for any taxes that may be due on Lootzi Cash Back redeemed by you.

 

(d) Lootzi Cash Back has no cash value until such time as you request and receive a payment in accordance with Article II, Section 4, herein above, and you shall have no property rights or other legal interest in Lootzi Cash Back.

 

 

As a User of Lootzi.com, you have the ability to earn additional Lootzi Cash Back for each referral that you make to Lootzi.com.    This section identifies the manner in which you may earn Lootzi Cash Back for referrals, how you will be paid, and Lootzi's rights and responsibilities with respect to the Lootzi Referral Program.

 

 

To participate in the Lootzi Referral Program, you must satisfy the following criteria:

 

(1). You must be 18 years of age or older.

(2). You must be a registered Lootzi.com User.

(3). You must reside in the U.S.A. or Canada.

 

2. Definition of a Referral.

 

For purposes of the Lootzi Referral Program, a "referral" is any new Lootzi User that was referred by an existing eligible Lootzi User using one of our supplied methods for getting referrals. Once a new User has been classified as a referral, they will remain a referral for 1 year from the date the new User first registers with Lootzi.com. A new User's status as a referral will expire at the end of that 1 year period.

 

 

You must use one of the supplied referral tools in order for Lootzi to track your referrals. 

 

In order to be linked to the referrer, a referral must enter Lootzi.com from a link that was provided by the referrer. Lootzi will track the referral and link them to the referrer. Lootzi will not guarantee a visitor to Lootzi.com will be claimed as a referral, if the visitor does not register as a new Lootzi.com User during their initial visit to Lootzi.com using the link provided by the referrer.

 

Visitors may leave Lootzi.com and comes back to sign-up on another day. Lootzi will do our best to continue to track these visitors so that they can be claimed as your referral, but we do not guarantee they will be tracked.  Variables, such as the clearing of cookies, can make it impossible to track a new User to a referrer on a return visit.

 

 

By participating in the referral program, 25% of the Lootzi Cash Back earned by your referrals will be placed into your Referral Cash Back balance. This amount will be kept separate from your personal Lootzi Cash Back earnings from your purchases. Your account will reflect the activity of your referrals on your "My Referrals" page. 

 

The limit to how much can be cashed out from the Referral Cash Back balance is $575.00 during a single calendar year (January 1 - December 31).  Your Referral Cash Back account may be larger than this limit, but will only be able to cash out up to the $575.00 for that calendar year. Once you have cashed out the $575.00 limit for the calendar year, no more Lootzi Cash Back from your Referral Cash Back account will be available to cash out. It will continue to accumulate, but will not be available until January 1 of the next calendar year.

This promotional rate of 25% is for a limited time only. Lootzi reserves the right to change the referral percentage rate at any time. Lootzi's non-promotional referral rate is 10%.

 

 

 

 

Lootzi reserves the right to terminate the Lootzi Referral Program in whole or in part at any time with notice. In the event the Lootzi Referral Program is terminated, you will have sixty (60) days to redeem your referral based Lootzi Cash Back from the date notice is transmitted by Lootzi to the email address specified in your account. Notification will be sent to the email address provided to Lootzi during the registration process. Lootzi will not be responsible for failing to notify you of Lootzi Referral Program termination where such failure is caused by an inaccurate email address, your failure to check email online, or your failure to inform Lootzi of a change in your email address.

 

 

The provisions of Sections 5, 7 and 8 of Article III, herein above apply to Lootzi Cash Back earned by you pursuant to the Lootzi Referral Program. 

 

 

 

Lootzi provides online coupons as a free service to its Users. Lootzi is not responsible for the redemption, errors/omissions or expiration of online coupons and it is your responsibility to make sure that a discount, special pricing, or free offer is present in the checkout process of an Affiliate Merchant. All offers and promotions on this site are subject to change without notice. Lootzi has no control over the legality of any coupons or other offers made by Affiliate Merchants, the ability of any of the Affiliate Merchants to complete the sales in accordance with the offers, or the quality of the goods offered by the Affiliate Merchants. Lootzi has no control over whether Affiliate Merchants will honor the offers shown on Lootzi.com, and does not guarantee the accuracy or completeness of the information contained on the website. In the event you have a dispute with an Affiliate Merchant in any way relating to the Lootzi.com website or the use of information from the website, you agree to waive and release Lootzi from any and all claims, demands, actions, damages (actual and consequential), losses, costs or expenses of every kind and nature, known and unknown, disclosed and undisclosed relating to that dispute.

 

 

Lootzi.com IS BEING PROVIDED BY Lootzi "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, Lootzi DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO Lootzi.com, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. YOU AGREE THAT Lootzi WILL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING OUT OF A DISPUTE BETWEEN YOU AND ANY AFFILIATED MERCHANT, AND YOU HEREBY EXPRESSLY WAIVE ANY SUCH CLAIM AGAINST Lootzi AND ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, SUBSIDIARIES, AGENTS AND REPRESENTATIVES. Lootzi DOES NOT MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING ANY GOODS OR SERVICES OFFERED OR PROVIDED BY AFFILIATE MERCHANTS OR SUPPLIERS. Lootzi DOES NOT MAKE ANY REPRESENTATIONS THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND Lootzi ASSUMES NO RESPONSIBILITY FOR ANY DAMAGE CAUSED BY YOUR ACCESS, OR INABILITY TO ACCESS, THIS SITE, INCLUDING, BUT NOT LIMITED TO, YOUR INABILITY TO RECEIVE LOOTZI CASH BACK BY PURCHASING ITEMS WITH A PARTICIPATING MERCHANT.IN NO EVENT SHALL Lootzi BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH YOUR USE OF Lootzi.com; ANY ACT OR OMISSION BY Lootzi IN ADMINISTERING THE WEBSITE OR THE PROGRAM; OR THE PURCHASE OR USE OF ANY GOODS OR SERVICES OF MERCHANTS OR SUPPLIERS, EVEN IF Lootzi HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL Lootzi BE LIABLE TO YOU FOR DIRECT DAMAGES CAUSED BY Lootzi IN EXCESS OF THE CASH BACK EARNED BY YOU DURING THE MOST RECENT SIX (6) MONTHS. SOME STATES DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

YOU AGREE TO INDEMNIFY AND HOLD Lootzi, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF Lootzi.com, THE VIOLATION OF THESE TERMS AND CONDITIONS BY YOU, OR THE INFRINGEMENT BY YOU, OR ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY, OR AS A RESULT OF ANY THREATENING, LIBELOUS, OBSCENE, HARASSING OR OFFENSIVE MATERIAL CONTAINED IN ANY MEMBER COMMUNICATIONS.

 

 

THE "TERMS AND CONDITIONS" SET FORTH WITHIN THIS AGREEMENT MAY CHANGE FROM TIME TO TIME; Lootzi WILL POST THOSE CHANGES ON THIS PAGE.  YOU SHOULD REVIEW THIS PAGE PERIODICALLY SO THAT MAY BE FAMILIAR WITH, AND AWARE OF, PERIODIC CHANGES TO THIS AGREEMENT.  YOU CONSENT TO BE BOUND BY ALL THE SAID "TERMS AND CONDITIONS," INCLUDING ANY AND ALL AMENDMENTS THERETO. Lootzi WILL NOT BE RESPONSIBLE IF YOU DO NOT LEARN OF ANY AMENDMENT TO THIS AGREEMENT, AS IT IS YOUR RESPONSIBILITY TO CHECK THIS PAGE OF THE Lootzi.com SITE REGULARLY TO DETERMINE WHETHER THIS AGREEMENT HAS BEEN MODIFIED. IF YOU DO NOT AGREE TO ANY AMENDMENT TO THIS AGREEMENT, YOU MUST IMMEDIATELY TERMINATE YOUR USER NAME, PASSWORD AND REGISTRATION.

 

 

You agree to comply with all applicable laws, rules and regulations. You may participate in Lootzi.com if and to the extent that such participation is permitted by such laws, rules and regulations. Lootzi may refuse to enroll, restrict, modify or terminate your username, password and registration without liability to you or any other third party if you violate any law, rule or regulation, of if your participation could violate any law, rule or regulation.

 

You are not permitted to post on any portion of the Site:

 

(a) any photographs, graphics, or other content which contains any material protected by any copyrights, trademarks, service marks, patents, and/or other proprietary rights and laws;

 

(b) any content which includes the trade secrets or other proprietary information that belongs to a third-party which is not generally available to the public, unless you first obtain the express written consent of the third-party to whom the rights to such materials belong;

 

(c) any comments or material that may be deemed illegal, obscene, threatening, defamatory, or otherwise injurious to third parties;

 

(d) any data that contains, or links to, software viruses, chain letters, mass mailings, or any form of "spam."

 

 

You acknowledge that Lootzi.com content, including but not limited to: text, sounds, photographs, graphics, or other material contained in any Lootzi.com communication, advertisements or messages, whether by Lootzi, Lootzi.com or Lootzi's advertiser's or Affiliated Merchants, service and software are protected by copyrights, trademarks, service marks, patents, and/or other proprietary rights and laws.  You are only permitted to use content, service, or software as expressly authorized by Lootzi, its advertisers and Affiliated Merchants, as the case may be. 

 

As to any content that you do post to the Site, you grant to Lootzi a nonexclusive, royalty-free, perpetual, and irrevocable right to use, sublicense, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. 

 

 

Any violation of the Terms and Conditions of this Agreement is grounds for termination of your user name, password and registration with Lootzi.com.  Lootzi reserves the right to terminate your user name, password and registration, if your account is inactive for twenty-four (24) consecutive months, or if your account has been associated with any legally questionable activity.   An account shall be deemed and considered to be inactive if there has not been any Lootzi Cash Back earning activity.

 

You may terminate your user name, password and registration at any time by sending an email to our 24 Hour Customer Service.

 

If your user name, password and registration with Lootzi.com is terminated for any reason, either by you or by Lootzi, you shall forfeit any and all earned Lootzi Cash Back in your account.

 

 

All Lootzi notices will be given by email, postal mail, or by general posting to the Lootzi.com website.

 

 

Lootzi's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

 

 

This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin, without reference to conflicts of law rules, and you consent to exclusive jurisdiction and venue in the courts located in Rock County, Wisconsin for all matters in connection with this Agreement or your use of Lootzi.com.

 

 

Any provision (or part thereof) of this Agreement which is found to be invalid, prohibited, or unenforceable, shall be ineffective only to the extent of such prohibition and unenforceable, without invalidating the remainder of the provision or the remaining provisions hereof. To the extent permitted by the applicable law, each of the parties hereto hereby waives any provision of law which prohibits or renders unenforceable any provisions hereof in any respect.

 

 

We ask that you review our other policies, including our Privacy Policy, Civil Process Policy, and D.M.C.A. Notice.

 

[User Agreement last updated 9/27/2010]