Welcome to Pennyful.com

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.

REGISTRATION REQUIREMENTS:

1. You can avail the services provided by Us only after the completion of the required registration process contemplated under the Site.
2. In consideration of the use of the services, You certify to Us that You are legally competent to execute this Agreement.
3. You agree to provide Us with accurate, complete and up-to-date information, including your legal name, electronic mail (e-mail) address and contact number. All changes to this information must be promptly updated in Your account on the Site. If any information provided by You is inaccurate, not current or incomplete, We retain the right to suspend or terminate Your account without any further notice.

DISCLOSURE OF ACCOUNT INFORMATION:

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.

By signing up for membership at Pennyful.com and thereby accepting the terms of use of the Site and this Agreement, You agree to receive communications that are account and membership related (e.g., that we've added money to Your account) as well as periodic shopping-related emails that highlight coupons & special deals that are available to Pennyful.com members. You can opt-out of receiving emails that are not account-related by either (i) visiting Your account page and clicking on the “Subscriptions” link, or (ii) following the unsubscribe link on any of the emails. Since We need to communicate account information with You in order to operate Our service, You cannot unsubscribe from account information emails. If You do not wish to receive any communication from Us, even if it relates to Your purchase and awards and Your cash back, You can close down Your account by contacting customer service.

ROBOTS:

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.

PENNYFUL CASH BACK:

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.

1. Program Overview. The Pennyful Cash Back rebates program (the "Program") allows the Users to shop with Pennyful.com's Affiliate Merchants, and earn Pennyful Cash Back. The Program is free to Users, and is conferred as a benefit of registration with Pennyful.com. You are under no obligation to participate or redeem your Pennyful Cash Back. As a User, Pennyful Cash Back is automatically earned when You make a qualifying online purchase from an Affiliate Merchant participating in the Program (a "Participating Merchant") on our Site’s page. Some Participating Merchants may have special requirements to earn Pennyful Cash Back. Click the “Special Conditions” link on their individual store information page on Our Site for requirements and restrictions. Further, not all Affiliate Merchants listed on our Site participate in the Program. Participating Merchants are identified by a corresponding offer ( % or $ ) displayed with their store name.
2. Eligibility. The Program is offered for purchases made through links on the Site. You must have internet access and a valid working e-mail address to receive the privileges of the Program. Members must be human, no machines, scripts, or automated services may be used to accumulate any financial benefits derived from the use of the Site. You may maintain only one account. Any duplicate accounts will be subject to cancellation. Further, participation in the Program is limited to individuals that are eighteen (18) years of age or older. By agreeing to these terms, You also agree not to 'spam' unknown individuals by sending them unwanted emails to solicit their membership at Pennyful.com. Your refusal to abide by this or any other terms under the Agreement may result in cancellation of Your referral bonuses and/or Your membership under the Site.

3. Earning Pennyful Cash Back. To be eligible to receive Pennyful 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 eighteen (18) years of age or older; (2) You must log on to Site with Your email address; (3) You must link to a Participating Merchant from the Site; (4) You must add items to Your cart; (5) You must complete Your transaction; (6) You must have cookies, both first and third party (if applicable), enabled on Your web browser; (7) The Pennyful.com link to an Affiliated Merchant must not be altered; (8) A purchase must be started and completed in one shopping session after the member clicks through to an Affiliated Merchant via an Pennyful.com link. If a purchase is completed during a different shopping session, it will not be considered a qualified purchase. (9) Purchases must not use coupons provided by any party other than Pennyful.com. (10) You must have a PayPal account. (11) A purchase from an Affiliated Merchant for whom Pennyful.com does not offer Cash Back is not deemed a "Qualifying Purchase."

   Reasons why You will not earn Pennyful Cash Back, include, but are not limited to, the following: (1) You are under the age of eighteen (18). (2) You do not log onto the Site with Your email address; (3). You go directly to the Participating Merchant without first visiting our Site; (4). You complete multiple transactions without returning to Our Site. (Completing each transaction ends Your "cash back session" with Pennyful.com, and You have to start over to earn cash back on additional items). (5). You type a new address (URL) in the window opened by the Site; (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 Participating Merchant and completing the purchase. (8). You contact the Participating Merchant to change an order. (9) You fail to abide by the restrictions imposed by a Participating Merchant. (10) The Participating Merchant fails to transmit to Pennyful.com the commission corresponding to the transaction for any reason or any commission transmitted to Pennyful.com is required to be repaid by an order of any court of competent jurisdiction; (11) You have been notified by Pennyful.com 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 solely Our discretion. Site is not responsible for tracking problems resulting from incorrect usage of the Site, disabling cookies, computer issues resulting from unknown causes such as third-party software or other issues, Affiliate Merchant or Participating Merchant partner errors/omissions or from any other failure of tracking mechanisms.

   Upon registration of Your email address with Our Site, an account will be set up in the name of Your email address for all Pennyful Cash Back You earn. The appropriate Pennyful Cash Back rebate will be posted to Your account as "Pending" within thirty one (31) days of the date on which a Participating Merchant reports Your transaction to Pennyful.com. For a period of ninety one (91) to one hundred twenty one (121) days thereafter, Your account may still refer to the Pennyful Cash Back rebate as "Pending." This time period is in accordance with the Participating Merchant's right to reverse a transaction for return or cancellation purposes. Once the Participating Merchant authorizes the payment of Pennyful.com's commission in connection with a qualifying purchase made by You, We will credit Your account with the applicable Pennyful Cash Back. Your Pennyful Cash Back earned will be identified as "Available," at which time You can request a payment redeeming your Pennyful Cash Back. You can view Your balance and history by clicking My Account on any page.

4. Requesting Payment of Pennyful Cash Back. You may request to redeem Your earned Pennyful Cash Back designated as "Available" in Your account. To receive Pennyful Cash Back, You must have an account at PayPal, or You must provide your physical mailing address in order to receive a check. Redemption of Pennyful Cash Back requires earning a minimum of $10 in "Available Cash Back" posted in Your account. To receive Pennyful Cash Back through “Smart Payout” You must have $10 (USD Ten) or above “Available Cash Back” posted in Your account. Receiving payment through “Smart Payout” also means that You will be paid all Your bonuses along with Available Cash Back. If You have less than $10(USD Ten) in “Available Cash Back” posted in Your account then You can either wait till You have $10 (USD Ten) or more “Available Cash Back” posted in Your account and request for “Smart Payout”, or You can request payment through “Fast Payout”. Receiving payment through “Fast Payout” means that You will not be paid any of Your bonuses, and You will only be paid the “Available Cash Back” amount posted in Your account at the time You Request Payment. Payments are made through PayPal. Although We will try and prevent this, PayPal may deduct fees from Your received payment in accordance with PayPal’s terms and conditions. The Pennyful Cash Back will be distributed to the User after receipt of the User's request for payment. The Site is not responsible for any event beyond the control of Pennyful.com that would prevent a User from receiving their payment. You are solely responsible for redeeming Pennyful Cash Back. There is no automatic or periodic redemption.
5. Account Adjustments. Pennyful Cash Back awarded to You is subject to adjustments for returns and cancellations, Pennyful.com's receipt of information and payments on such purchases/orders from Participating Merchants, and other events. Pennyful.com 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 the Site. We are 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 Pennyful.com Cash Back caused by such changes, discontinuance or withdrawal.
6. Termination of Program. We reserve 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 Pennyful Cash Back from the date notice is transmitted by Pennyful.com to the email address specified in Your account. Notification will be sent to the email address provided to Pennyful.com during the registration process. We will not be responsible for failing to notify You of Program termination where such failure is caused by an inaccurate email address, or Your failure to check email online.
7. Member Responsibilities. You are responsible for maintaining accurate account information at all times. You are responsible for keeping Your email address, password and all other information concerning Your account confidential. Pennyful.com is entitled to act on instructions received under Your username and password. Pennyful.com is not responsible for any credits or debits made to Your account by someone else who uses Your username or password. We 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 Pennyful Cash Back has been properly credited to Your account. If a discrepancy occurs in Your Pennyful.com Cash Back account, such as a rebate not being credited to the account, then You must contact Us 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 Us 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.
8. General. (a) Participation in the Program is personal to You. Pennyful Cash Back received under the Program may not be assigned or transferred to any third party, except as expressly permitted by Pennyful.com, in writing. The sale, transfer, lending, exchange, pooling or barter of any Pennyful Cash Back, other than by Pennyful.com, is expressly prohibited. Any Pennyful Cash Back assigned, sold, or otherwise transferred in violation hereof may be confiscated or canceled. (b) We will use information collected from You as set forth in the Privacy Policy of the Site. 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 Pennyful Cash Back redeemed by You. (d) Pennyful Cash Back has no cash value until such time as You request and receive a payment in accordance with Article VI, Section 4, herein above, and You shall have no property rights or other legal interest in Pennyful Cash Back.

VII. GENERAL PROVISIONS

1. 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.
2. 2. Linked Websites. This Site may contain links to other websites. We are not responsible for the practices or the content on any other website. Be sure to read the terms of use and privacy policies that govern Your use of such linked websites because We are not responsible for the availability of these outside resources or their content, You should direct any concerns regarding any other websites to the administrator or web master of that site.
3. 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.

4. 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.

5. 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.

6. 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. 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.
8. 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.

9. >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.

10. 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.
11. Notice. All Pennyful.com notices will be given by email, or by general posting to the Pennyful.com Site.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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]