This User Agreement (“Agreement”) governs your use of the website www.pennyful.com (“Site”) provided by Eze Get Online Inc., which utilizes commission-based affiliate marketing from our merchant partners ("Affiliate Merchants") for the provision of services set forth hereunder this Agreement.
This Agreement between Pennyful.com (hereinafter referred to as "we", "us", “Pennyful.com” or "our") and you (hereinafter referred to as “You”, “Registered User” or “User”) describes your rights as a User of the Site, and Our responsibilities to You through the Site. Before You can use this Site, You must read, understand, accept and agree to abide by all the terms and conditions under this Agreement, including any future amendments or updates thereto.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE.
Your affirmative act of registering and clicking the “I Agree to the Terms and Conditions” check box constitutes your acceptance and electronic signature to this Agreement and signifies that You agree to be legally bound by the terms of this Agreement.
We reserve the right to alter, delete or modify any provision of this Agreement at any time. Please check the terms of this Agreement periodically for changes. Your continued use of the Site after the effective date of such changes constitutes your acceptance to such changes. During the use of the Site, there would be certain rules, additional terms and posted guidelines which shall be applicable to particular services and features and which shall be put up on the Site periodically.
‘Pennyful.com’ and ‘You’ are referred to in the subsequent paragraphs of this Agreement either individually as “Party” or collectively as “Parties” as the context dictates
This Agreement is effective from Your acceptance thereof, which is indicated by the establishment of Your account. This Agreement shall be enforceable against the Parties like any other written agreement.
You authorize Pennyful.com to disclose to third parties information You have provided, or information that Pennyful.com has obtained about Your Pennyful.com account or shopping behavior: (i) to agents and licensors of Pennyful.com or its affiliates, such as independent auditors, consultants or attorneys; (ii) to comply with government agency or court orders or requests; (iii) in providing aggregated and non-personalized marketing services for an advertising or store partner, or (iv) where it is necessary for redemption or transfer of your cash back rewards. Further, You authorize Pennyful.com to receive any account information from any Affiliated Merchants including, but not limited to information regarding purchases made, items searched for or added to Your shopping cart, products ordered, order number, the time and date the purchase occurred, and the email address entered for the purchase. You agree to hold the Affiliated Merchants harmless for any information disclosed to Pennyful.com. You allow Pennyful.com to collect and use non- personalized marketing information regarding visits and related to purchases made from internet commerce sites.
This Site contains robot exclusion headers. Much of the information on Site is updated on a real time basis and is proprietary or is licensed to Us 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 the Site 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 Pennyful.com 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 the Site, 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 Our Site ("Pennyful Cash Back"). This section identifies the manner in which You may earn Pennyful Cash Back, the associated rights of the User and Our rights and obligations with respect to the Pennyful Cash Back program.
- Use of Online Coupons. Pennyful.com provides online coupons as a free service to its Users. Pennyful.com 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. Pennyful.com 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. Pennyful.com has no control over whether Affiliate Merchants will honor the offers shown on Pennyful.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 Site or the use of information from the Site, You agree to waive and release Pennyful.com 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.
- Confidentiality. You may obtain certain confidential information, including without limitation, technical, contractual, product, pricing and other valuable information that should reasonably be understood as confidential (“Confidential Information”). You must hold all Confidential Information in strict confidence. Title to all Confidential Information shall remain with Us. Your obligations regarding Confidential Information will expire seven (7) years after the date of disclosure. Upon termination of the Agreement, You must stop using Confidential Information and immediately return or destroy it.
Obligations of the User
4.1 You may use the services for lawful purposes only. You may not, without limitation, submit or transmit through the Site, any material or content that:
a. violates or infringes the rights of any third party including, without limitation, patent, trademark, trade secret, copyright or other proprietary rights;
b. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, or contains explicit or graphic descriptions, or accounts of sexual acts, is lascivious or appeals to prurient interest;
c. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
d. impersonates any person, business or entity including Pennyful.com or its employees and agents;
e. attempts to exploit a minor (under the age of 18 years);
f. contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of a computer or computer network;
g. encourages conduct that would constitute a criminal offence, or that gives rise to civil liability;
h. violates this Agreement, guidelines or any policy posted on the Site;
i. interferes with the use of the services by others; or
j. intentionally or unintentionally violate any applicable local, state, national or international law, including any regulations having the force of law;
k. results in violations of system or network security like unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic, interference with service to any user, host or network etc
l. Engaging in activities, whether lawful or unlawful, that We determine to be harmful to its operations, reputation, goodwill, or customer relations.
4.2 Disclaimers found on the offending content will not protect You from being liable for any claims if such content is in violation of any applicable laws or this Agreement.
4.3 You expressly agree that We shall not be liable in any manner whatsoever for any claims or complaints made by any third party with respect to the content. You shall indemnify and hold Us, Our affiliates, directors, employees and agents harmless from any claim raised, damages or losses suffered or incurred by Us due to the breach of Your obligation under this section.
4.4 You shall not damage, circumvent, hack or commit any act that interferes with security related features of the services or, features that prevent or restrict use or copying of any content accessible through the Website, or features that enforce limitations on the use of the Services, or intentionally interfere with or damage operation of the Services
4.5 You shall not alter the display of any advertisement (or any parts or aspects thereof), Pennyful.com’s brand elements, including logos, trademarks, service marks displayed by Us in connection with the services in any manner whatsoever.
Indemnification. You agree to indemnify, defend and hold Pennyful.com harmless from and against any and all liability, loss, claims, damages, costs and/or actions (including attorney’s fees) based on or arising from:
(a) any failure by You to comply with any of these terms and conditions; and
(b) any breach by You of any of the representations, warranties or undertakings set forth herein.
Disclaimers and Limitations on Liability. THIS SITE IS BEING PROVIDED BY Pennyful.com "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, 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 WE 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 US AND OUR PARTNERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, SUBSIDIARIES, AGENTS, ASSOCIATES, AFFILIATES AND REPRESENTATIVES. WE DO NOT MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING ANY GOODS OR SERVICES OFFERED OR PROVIDED BY AFFILIATE MERCHANTS OR SUPPLIERS. WE DO NOT MAKE ANY REPRESENTATIONS THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE ASSUME NO RESPONSIBILITY FOR ANY DAMAGE CAUSED BY YOUR ACCESS, OR INABILITY TO ACCESS, THIS SITE, INCLUDING, BUT NOT LIMITED TO, YOUR INABILITY TO RECEIVE PENNYFUL CASH BACK BY PURCHASING ITEMS WITH A PARTICIPATING MERCHANT.
IN NO EVENT SHALL WE 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 THIS SITE; ANY ACT OR OMISSION BY US IN ADMINISTERING THIS SITE OR THE PROGRAM; OR THE PURCHASE OR USE OF ANY GOODS OR SERVICES OF AFFILIATE MERCHANTS OR SUPPLIERS, EVEN IF WE HAVE 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 WE BE LIABLE TO YOU FOR DIRECT OR INDIRECT DAMAGES CAUSED BY US IN EXCESS OF THE CASH BACK EARNED BY YOU DURING THE PRECEIDING SIX (6) MONTHS PERIOD. YOU AGREE TO INDEMNIFY AND HOLD Pennyful.com, ITS PARTNERS, MEMBERS, ASSOCIATES, 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 THIS SITE, 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.
- 7. Amendment to Agreement. THE "TERMS AND CONDITIONS" SET FORTH WITHIN THIS AGREEMENT MAY CHANGE FROM TIME TO TIME; WE WILL POST THOSE CHANGES ON THIS PAGE. YOU CONSENT TO BE BOUND BY ALL THE SAID "TERMS AND CONDITIONS," INCLUDING ANY AND ALL UPDATES THERETO. WE WILL NOT BE RESPONSIBLE IF YOU DO NOT LEARN OF THE MODIFICATION. IT IS YOUR RESPONSIBILITY TO CHECK THIS PAGE OF THE SITE REGULARLY TO DETERMINE WHETHER THIS AGREEMENT HAS BEEN MODIFIED. IF YOU DO NOT AGREE TO ANY MODIFICATION OF THIS AGREEMENT, YOU MUST IMMEDIATELY TERMINATE YOUR EMAIL ADDRESS, PASSWORD AND REGISTRATION.
- Compliance with Laws and Regulations. You agree to comply with all applicable laws, rules and regulations. You may participate in this Site if and to the extent that such participation is permitted by such laws, rules and regulations. We may refuse to enroll, restrict, modify or terminate Your email address, password and registration without liability to You or any other third party if You violate any law, rule or regulation, or if Your participation could violate any law, rule or regulation.
>Proprietary Rights to Content. You acknowledge that this Site content, including but not limited to text, sounds, photographs, graphics, or other material contained in any communication, advertisements or messages, whether by Pennyful or Pennyful.com'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 or service as expressly authorized by Pennyful.com, its advertisers and Affiliated Merchants, as the case may be. No portion of the content or other materials may be directly or indirectly copied, published, reproduced, modified, performed, displayed, sold, transmitted, published, broadcast, rewritten for broadcast or publication or redistributed in any medium, whether now known or hereafter created.
Pennyful.com, and its associated logos, page headers, custom graphics, buttons, and other icons are service marks, trademarks, registered service marks, registered trademarks, and/or trade dress of Pennyful.com. All other content product names and company logos are trademarks of their respective owners. Neither these materials, nor any portion thereof, may be stored in a computer except as reasonably necessary for personal and non-commercial use; however, any print out of any page of the Site or portion thereof, must include Pennyful.com copyright notice.
- Termination of Agreement. (a) Any violation of the terms and conditions of this Agreement is ground for immediate termination of Your email address, password and registration with this Site. (b) We reserve the right to terminate Your email address, password and registration, if Your account is inactive for twenty-four (24) consecutive months. An account shall be deemed and considered to be inactive if there has not been any Pennyful Cash Back earning activity. (c) You may terminate Your email address, password and registration at any time by sending an email to Our Customer Service. (d) We reserve the right to terminate Your email address, password and registration, if Your account has been associated with any legally questionable activity. (e) If Your email address, password and registration with this Site is terminated for any reason, either by You or by Us, You shall forfeit any and all earned Pennyful Cash Back in Your account.
- Notice. All Pennyful.com notices will be given by email, or by general posting to the Pennyful.com Site.
- Waiver. Pennyful.com's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
- Choice of Law. This Agreement shall be governed by and construed in accordance with the laws of USA without reference to conflicts of law and rules. The venue of arbitration shall be Delaware, USA and the language shall be English. Subject to the above, You consent to exclusive jurisdiction and venue in the courts located in Delaware, USA for all matters in connection with this Agreement or Your use of this Site.
- Severability of Provisions. 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.
- Access and Delays in Services. Pennyful.com, its affiliates, subsidiaries, and vendors shall have no responsibility to provide You access to the Site. Further, Pennyful.com, its affiliates, subsidiaries, and vendors shall not be liable to You for any loss or liability resulting, directly or indirectly, from delays, inaccuracies, errors, omissions or interruptions of the service for any reason, including, without limitation, due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, acts of terrorism, or to other like causes.
- Assignments. You cannot assign any of Your rights, obligations, privileges, or performance hereunder without the prior written consent of Pennyful.com.
[Terms and Conditions last updated on 10/12/2010]