>Terms of Use

MEMBERSHIP AGREEMENT

The following Membership Agreement (“Agreement”) is made between Opie Marketing Group Inc. ("Provider"), the provider and owner of the ProtectionPower.ca membership program (“Program”) and the registered member of this membership program ("Member”). Detailed information as it relates to the Program can be found on the program website located at www.protectionpower.ca (“Program Website”.) UPON REGISTRATION, YOU EXPLICITLY AGREE TO ALL OF THESE TERMS AND CONDITIONS AS OUTLINED THROUGHOUT THE COURSE OF THIS AGREEMENT. WE STRONGLY ADVISE THAT YOU READ THIS AGREEMENT CAREFULLY AND, IF YOU HAVE ANY QUESTIONS, CALL OUR TOLL-FREE CUSTOMER SERVICE NUMBER DURING NORMAL BUSINESS HOURS.

1.0 Membership Benefits

Members of the Program are entitled to certain membership benefits (“Membership” or “Benefits”) on certain products and services offered by suppliers or vendors participating in the Program. Information as it relates to Benefits provided by specific vendors or suppliers to the Program is contained in the membership materials on the Program Website. Some Benefits may not be available in all Members’ areas. Please see the Membership Program materials and Program Website for details and limitations. The Provider reserves the right to suspend or end the Program or certain aspects thereof, without prior notice, at its sole discretion. The Provider also reserves the right to suspend or end certain aspects of the Program in certain geographic areas, without prior notice, at its sole discretion.

2.0 Use of Membership

Membership is non-transferable. Member agrees that only Member himself/herself, or in certain instances Member’s immediate family (“Immediate Family”), may use the membership. Immediate Family includes the Member, Member’s spouse or partner and Member’s children living in Member’s home. Program benefits are not for resale. Member will promptly notify the Provider if (a) Member becomes aware of any unauthorized use of Membership in the Program (where applicable); (b) Member’s Membership number or Membership card (where applicable) is lost or stolen. If Member was offered the opportunity to claim a gift (“Gift”) or other Benefits in connection with Member’s registration in the Program, Member is limited to one Gift per Program and, depending upon the offer, Member agrees in advance that Member is required to still be an active Member of the Program at the time Member’s Gift or Benefit is processed. Member may be limited to one membership per household at Provider’s sole discretion.

3.0 Membership Term

This Agreement is made as of the date Member agrees to register in the Membership Program ("Registration") and is entered into at the address Member supplies upon Registration into the Program. Membership is effective for (a) under the annual payment plan, a period of twelve (12) months following the Registration date; (b) under the monthly payment plan, a period of one (1) month following the Registration date and will continue on a month-to-month basis until Member cancels his/her Membership as described below.

4.0 Payment of Membership Fees

The payment of Membership fees (“Membership Fees”), including, if applicable, any trial fees, registration, processing fees, shipping/handling charges, or otherwise, and as detailed in the Membership materials, will automatically be charged to the billing method (“Billing Method”) as authorized by Member in accordance with the payment terms to which Member initially agreed. Payment of the Membership Fees will be charged at the time of Member’s acceptance of Membership in the Program. Any fees or charges incurred by Member in connection with the Program other than the Membership Fees, such as insufficient funds, bank or overdraft charges, chargebacks, finance charges or credit card fees, are Member’s sole responsibility. Member may, at Provider's sole discretion, complete Membership Fees in incremental charges in order to process the total value of the Membership Fees, if required.

5.0 Continuation or Renewal of Membership Fees in the Program

Unless Member notifies Provider of Member’s intention to terminate this Membership Agreement by following the instructions as defined in the paragraph below (“Termination of Membership”), Membership will continue and renew automatically at the end of each term for an additional term at the then-current Membership Fees. Membership Fees will appear on Member’s billing statement(s) that are provided directly by Member’s billing provider according to the Billing Method that Member chose upon Registration into the Program. Provider reserves the right to increase or decrease the Membership Fees no more frequently than once per term, with prior written notice to Member as follows: (a) for annual payment plans, Provider reserves the right to increase or decrease the Membership Fees for each subsequent renewal Membership term, effective upon annual renewal of Membership; (b) for monthly payment plans, Provider reserves the right to increase or decrease the membership fee for each twelve (12) month period effective upon the thirteenth (13th) month of Membership. Member agrees that, unless Member cancels his/her Membership prior to the effective date of the Membership Fees increase, Member will be charged the new applicable Membership Fees on each anniversary date after the effective date of such change, and Member authorizes Provider to charge the new applicable Membership Fees to Member’s Billing Method.

6.0 Termination of Membership

MEMBER MAY TERMINATE THIS AGREEMENT AND HIS/HER MEMBERSHIP AT ANY TIME BY FOLLOWING THE PROCEDURES AS OUTLINED IN THIS AGREEMENT. FOR SECURITY REASONS, PROVIDER ALSO REQUIRES AN EMAIL CONFIRMATION OF MEMBER’S INTENTION TO TERMINATE HIS/HER MEMBERSHIP. THIS EMAIL MUST BE SENT FROM EITHER (a) THE EMAIL ADDRESS PROVIDER HAS ON RECORD FOR SAID MEMBER; OR (b) THROUGH A SUPPORT TICKET SUBMITTED TO PROVIDER’S BILLING DEPARTMENT THAT ORIGINATES FROM MEMBER’S MEMBERSHIP CONTROL PANEL (“PROTECTION POWER SECURE MEMBERS AREA”). MEMBER MAY CONTACT PROVIDER AT ANY TIME AT PROVIDER’S TOLL-FREE NUMBER FOR FURTHER CLARIFICATION REGARDING TERMINATION PROCEDURES. MEMBER’S TERMINATION WILL BECOME EFFECTIVE PROMPTLY UPON THE RECEIPT OF MEMBER’S WRITTEN TERMINATION REQUEST. UPON TERMINATION, DEPENDING UPON THE TERMS TO WHICH MEMBER AGREED, (a) UNDER THE MONTHLY PAYMENT PLAN, MEMBER WILL NOT OWE ANY FURTHER MEMBERSHIP FEES AND WILL NOT BE ENTITLED TO A REFUND OF PAST FEES CHARGED TO MEMBER’S ACCOUNT; (b) UNDER THE ANNUAL PAYMENT PLAN, MEMBER WILL NOT BE BILLED ANY FURTHER MEMBERSHIP FEES AND WILL NOT BE ENTITLED TO A PRORATED REFUND OF MEMBERSHIP FEES. DEPENDING UPON THE TERMS TO WHICH MEMBER AGREED AT THE TIME OF REGISTRATION IN THE PROGRAM, SOME FEES MAY NOT BE REFUNDABLE, INCLUDING BUT NOT LIMITED TO ANY REGISTRATION, PROCESSING, OR TRIAL PERIOD FEES. ANY OTHER FEES OR CHARGES INCURRED IN CONNECTION WITH THE PROGRAM (INCLUDING BANK OR OVERDRAFT CHARGES) ARE MEMBER’S RESPONSIBILITY. PROVIDER WILL TERMINATE MEMBERSHIP IF IT IS NOT USED IN ACCORDANCE WITH THIS AGREEMENT OR IF MEMBER HAS NOT BEEN PROPERLY REGISTERED THROUGH AN AUTHORIZED MARKETING PARTNER OR ADVERTISING AGENCY. IN SUCH CASES, PROVIDER RESERVES THE RIGHT TO: (1) NOT REFUND MEMBERSHIP FEES PAID BY MEMBER; (2) NOT FULFILL ANY PENDING REQUESTS INCLUDING BUT NOT LIMITED TO GIFTS OR BENEFITS; AND (3) NOT PROCESS ANY CREDITS FOR GIFTS, CERTIFICATES, OR BENEFITS PURCHASED UP TO ONE MONTH PRIOR TO CANCELLATION OF THE MEMBERSHIP BY PROVIDER. PROVIDER RESERVES THE RIGHT TO TERMINATE MEMBERSHIP AT ANY TIME FOR ANY OTHER REASON, PROVIDED THAT PROVIDER MAKES ANY REFUND DUE TO MEMBER BASED UPON THE TERMS OF MEMBER’S REGISTRATION. MEMBER IS PROHIBITED FROM RE-REGISTERING IN THE PROGRAM FOR AT LEAST TWELVE (12) MONTHS FOLLOWING CANCELLATION.

7.0 Entire Agreement

This Agreement contains all of the terms of Membership, and no representations, inducements, promises or agreements concerning any Membership or Benefit not included in this Agreement shall be effective or enforceable. If any of the terms of this Agreement shall become invalid or unenforceable, the remaining terms shall remain in full force and effect.

8.0 Changes to Terms and Conditions

Provider may, at any time during the course of this Agreement and at Provider’s sole discretion, modify this Agreement, including without limitation the Privacy Policy, with or without notice to Member. Such modifications will be effective upon posting on the Program Website and Provider may also include these in Member’s Control Panel. Member agrees to review this Agreement periodically on the Program Website. If Member does not agree to any and all of the new modifications of this Agreement, Member must immediately cancel his or her Membership. Continuing Membership following any such modifications will constitute Member’s acceptance of the modified Agreement.

9.0 Governing Law

This Agreement and all the Terms and Conditions of Membership shall be governed and construed in accordance with the laws of the Province of Ontario.

10.0 Limitation of Liability

Member agrees that Provider and any and all of Provider’s subsidiaries and affiliates are not responsible or liable for any Benefits provided by participating vendors and, if Member has any claims relating to such Benefits, Member will make his or her claim directly against the vendors. PROVIDER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY OF THE BENEFITS OR RELATED INFORMATION PROVIDED TO MEMBER. UNDER NO CIRCUMSTANCES SHALL PROVIDER’S LIABILITY EXCEED MEMBER’S CURRENT MEMBERSHIP FEES, AND UNDER NO CIRCUMSTANCES SHALL PROVIDER BE LIABLE FOR MEMBER’S INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL PROVIDER OR ANY OF ITS AFFILIATES AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, PROGRAM WEBSITE, ANY MATERIALS, INFORMATION, QUALIFICATION AND RECOMMENDATIONS APPEARING ON THE PROGRAM SITE, ANY SOFTWARE, TOOLS, TIPS, PRODUCTS, OR SERVICES OFFERED THROUGH, CONTAINED IN OR ADVERTISED ON THE PROGRAM WEBSITE, ANY LINK PROVIDED ON THE PROGRAM WEBSITE, WHETHER OR NOT PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THIS PROVISION SHALL SURVIVE THE TERMINATION OF MEMBERSHIP.

11.0 Availability Restrictions

Program is only available to residents of Canada.

12.0 Consent to Electronic Communications

Member consents to receive communications from Provider about Membership electronically, either by email or by notices posted in the Control Panel as determined by Provider at its sole discretion.

13.0 Security and Confidentiality

Internet use and communication is subject to interception, loss, and alteration. Member hereby agrees and acknowledges that Provider and its affiliates shall not be responsible for any damages that Member may suffer as a result of the transmission of confidential or sensitive information over the Internet, and that all such communications will be at Member’s own risk.

14.0 Intellectual Property

The Program Website contains many of the valuable trademarks, service marks, names, titles, logos, images, designs, software code, copyrights and other proprietary materials owned, registered and used by Provider and its business partners, suppliers or affiliated companies. Any unauthorized use of this intellectual property is strictly prohibited and all rights in same are reserved by Provider or respective owners of said intellectual property. All information including content, graphics, text, design and all related software code, assembly and arrangements are protected by copyright. Except as otherwise indicated, the content may not be used for any purpose, including but limited to any copies, distributed, displayed or utilized, without the express written consent in advance by Provider.

15.0 Privacy

By accessing and using the Program Website, Member consents to the collection, use and disclosure of personal information in accordance with the Privacy Policy.

16.0 Contacting Us

Questions or comments should be directed to the Provider at: Protection Power, c/o Opie Marketing Group Inc., 5063 North Service Road, Ste 102, Burlington, Ontario, L7L 5H6. You may also contact us at the toll-free number listed on our websites.

 

Protection Power™ is a trademark of Opie Marketing Group Inc.

© 2010 Protection Power™ / Opie Marketing Group Inc.

Updated: August 2009