USER AGREEMENT - TERMS & CONDITIONS
IMPORTANT
These are the Terms & Conditions ("T&C") for Pennies At A Time, LLC (Pennies At A Time).
Please read these Terms & Conditions carefully before registering for Pennies At A Time, any of its partner sites, or using any of the tools and applications that it provides. These T&Cs are the terms and conditions governing the Program ("Program"), and it is your responsibility to read and understand them. By registering in the Program ("Member"), or by downloading, installing and/or utilizing any of the software, you agree to be bound by the Program T&Cs. Registration is defined as any manner in which a user name is generated, or some other means in which Pennies At A Time could potentially identify you as the initiator of a transaction. Participation in the Program and its benefits are offered at the sole discretion of Pennies At A Time, and Pennies At A Time has the right to change the Program T&Cs, in whole or in part, at any time with or without notice.
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PROGRAM ELIGIBILITY
1. You must be an individual, 18 years of age or older.
2. Members must be human: no machines, scripts, or automated services may be used to accumulate any financial benefits derived from the use of Pennies At A Time. You may maintain only one account. Any duplicate accounts will be subject to cancellation.
3. The Program is only available via access to the Pennies At A Time website (http://www.penniesatatime.com), any of its partner organizations, or through code or applications specifically provided by Pennies At A Time.
4. By agreeing to these terms, you also agree not to 'spam' individuals by sending them unwanted e-mails to solicit their membership and participation at Pennies At A Time. Refusal to abide by this or any other rules may result in Pennies At A Time stripping you of any referrals and/or canceling your membership.
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ACCRUAL OF COMMISSIONS
5. Members will be credited, subject to the terms and conditions enumerated in this Agreement, a fixed dollar amount or a percentage of the net purchases made by you at one of the online merchants affiliated with Pennies At A Time. The exact amount may vary based on the merchant, specific item or service purchased, changes in the merchant's program & policies, the merchant's specific participation level in the Program, and any special promotions/bonuses that the merchant may be offereing. The net purchase is defined as the total amount paid to the merchant minus tax, gift wrapping, shipping, promotional credits, returns, cancellations, and transaction fees or as the merchant defines on their respective Web site and as is enumerated in their respective Affiliate Membership and/or Operating Agreement document, whichever is less. All Affiliated Merchant Membership and/or Operating Agreements as they relate to their affiliate or partner programs with Pennies At A Time and which reside on the merchant's respective Web sites are hereby incorporated into this Agreement by reference.
6. As a Member, purchases made through Pennies At A Time merchants will be deemed a "Qualified Purchase" based on criteria set forth by the merchant and will be subject to earn commission credit if and only if all of the following criteria are satisfied: 1) "Cookies", both first and third party (if applicable), must be enabled on your Web browser. 2) All potential Qualified Purchases must begin by clicking on the merchant's link that appears on the Pennies At A Time website or from a Pennies At A Time e-mail and being successfully connected to the merchant's Web site based upon that click. Individuals who utilize any code or software provided by Pennies At A Time must have the transaction begin from the respective area of that software. 3) Pennies At A Time may, at all times, route your request for a merchant site through specific links, in order to assure that the sale can be tracked correctly. Any alteration of these links will invalidate your sale, which will not be deemed a Qualified Purchase. 4) All purchases must be started and completed in one session at Pennies At A Time. If you start a purchase, then complete it in a different session, you will be ineligible for a commission. If you add items to your cart and then go to the Pennies At A Time website and click on a merchant, you will be ineligible for a commission. 5) Users must not use coupons not listed on the Pennies At A Time website. 6) Items must not be returned. If they are, the some or all of the initial purchase will be invalidated and not be deemed a Qualified Purchase. 7) Purchases from merchants that do not pay out commissions, but are provided for your convenience, are not deemed Qualified Purchases.
7. The determination of whether or not a purchase made through an Pennies At A Time merchant is a "Qualified Purchase" is at the sole discretion of Pennies At A Time.
8. In any instance where a referral for an "Account Activation" is available, an "Account Activation" requires the making of a Qualified Purchase at any Pennies At A Time merchant site, and may require a specific minimum commission amount to be generated. In case of return or cancellation, Pennies At A Time retains the right to reverse account credit.
9. If an merchant fails to report a transaction to Pennies At A Time, or withholds payment to Pennies At A Time for a particular transaction for any reason, Pennies At A Time reserves the right to cancel the commission associated with that transaction. Commissions awarded to Members are subject to adjustments for returns, cancellations, and other events. Such adjustments can be applied to Member accounts at any time by Pennies At A Time at its sole discretion. Should you disagree with any adjustments made to your account, your sole remedy is to withdraw from the Program.
10. You may be taxed on your accrual of commissions, depending on the amount of commissions you accrue and the tax laws of federal, state, and local jurisdictions. Pennies At A Time may choose to provide you with those notices to you on occasion. In all instances, you will be solely responsible for any and all tax liability arising out of your accrual or redemption of commissions.
11. There are a number of purchases or specific merchants that are not eligible for accrual or payment of commissions.
12. All cash back rewards earned by Members are subject to review. Necessary adjustments may be applied to Member accounts at any time by Pennies At A Time at its sole discretion. Pennies At A Time reserves the right to terminate any account for abusive or fraudulent activity, or if the Member is no longer reachable with the contact provided.
13. Pennies At A Time is not responsible for changes to, or discontinuance of, any merchant, or any merchant withdrawal from the Program, or for any effect on accrual of commissions caused by such changes, discontinuance, or withdrawal. Pennies At A Time is not responsible for changes to, or discontinuance of, any special offer or coupon code at a merchant site. It is the Member's responsibility to make sure that all specials are valid. If you choose to use coupons and specials that are not listed on the Pennies At A Time site, we cannot guarantee that your transaction will be considered a Qualified Purchase.
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PAYMENT SCHEDULE
14. Commissions earned through the referral program will be paid along with regular commissions. Continued payments of referral commissions will be made at the sole discretion of Pennies At A Time. The referral program may be ended, percentages or amounts reduced or the program modified in any way, at any point, and without notice.
15. Every three months Pennies At A Time sends to its partner organizations and any designated charities the commissions that they have earned - regardless of amount. Additionally, members that have selected the option to receive a check & send a payment to charity themselves must have earned at least $5.01 in commissions. If the member has earned less than $5.01 in commissions, Pennies At A Time will carry the member’s commissions over to the next check. Any bonuses accrued do not count toward the $5.01 minimum. In order for accrued commissions to be eligible for payment, the Qualified Purchase must occur 45 days prior to the payment date. Note that orders from Dell Home Systems (Computers), Dell Home Systems Software and Peripherals, Dell Small Business, Dell Canada Home Systems, Dell Canada Software & Peripherals, OfficeMax, ShopNBC, Toshiba, Sears, Barnes & Noble.com, eLUXURY, Circuit City, ShoeBuy, and other merchants will accrue commissions immediately. However, due to the 45 day return policies of these merchants, commissions will become eligible to be paid out 75 days after purchases are posted. Qualified purchases from most other merchants which occur within the 45 day cutoff period will be paid on the payment date subsequent to the next payment date.
16. It is your responsibility to keep your account information current in order to facilitate the payments of your accrued commissions. In the event that your information is not current at the time of payment, you forfeit all accrued commissions. If an error occurs in payment, Pennies At A Time Customer Service will assist members in determining the cause of any non-payment. If it has been determined that non-payment was caused by a process error in payment automation or other cause that was our fault, all accrued commissions will be re-paid in full. However, Pennies At A Time is not responsible for any checks sent to the wrong address and subsequently cashed if these errors were caused by inaccurate email or contact information provided by the user. We are also not liable for errors made in applying your payment, though we will work hard to resolve any such issues should they arise.
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ACCOUNT ACCESS AND PASSWORD
17. Upon registration for the Program, you will select a password that will allow you to access your Pennies At A Time account (via the Pennies At A Time Web site).
18. You must be logged into Pennies At A Time and enter your password to change your any account settings and payment preferences.
19. Pennies At A Time is entitled to act on instructions received under your password. For security purposes, it is recommended that you memorize your password, and do not write it down. You are responsible for keeping your email address, password, account numbers, and other account information confidential. Pennies At A Time is not responsible for any credits or debits made to your account by someone else who uses your password.
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DOWNLOAD AND INSTALLATION OF ANY PENNIES AT A TIME SOFTWARE
20. In downloading and/or installing the Software, you agree to the following:
- Functionality. Pennies At A Time and its agents may pop up brief alerts when you commissions will be generated by shopping through Pennies At A Time or by using the Software. Pennies At A Time may direct your traffic to the merchant of your choice. This may be done (a) by presenting a choice in a pop up alert asking whether you wish to raise money for charity by shopping through Pennies At A Time, thereby directing your browser through Pennies At A Time in order to ensure you generate a commission, or (b) by automatically routing you through Pennies At A Time and generating a commission with no further action on your part being necessary.
- License. Pennies At A Time grants you a non-exclusive license to install and use the Software solely for personal use and only for the purpose of accessing the Program. Pennies At A Time and its software licensors/suppliers reserve the right to add additional features or functions to the software at any time, without asking your approval. Pennies At A Time may require the update of the software on your computer when a new version of the software is released or new features are available. This update or new download may occur automatically when you use the Program. Changes to this End User License Agreement may be made by Pennies At A Time and will be posted on the Pennies At A Time website. Your continued use of the software will constitute consent to the revised terms. Pennies At A Time is under no obligation to support the software, and may at any time suspend or terminate this license and disable the software.
- Restrictions. You may not reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the software for any reason. You may not modify the software in any way. You may not rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for your own backup purposes), or in any way transfer the software or use the software for the benefit of any third party through any outsourcing or time-sharing arrangement or through the operation of any service bureau. You understand that the software is licensed not sold, the software and all rights not expressly granted herein are reserved to Pennies At A Time and its licensors/suppliers.
- Voluntary Use. The software assists in tracking your transactions in connection with the Program and reports such information to Pennies At A Time and its licensors as necessary for you to obtain the benefits of the Program. The software also communicates with Pennies At A Time and its licensor’s servers and Pennies At A Time and its licensors may obtain certain information regarding your use of the Program (such as IP address, type of browser, referring URL) however such information does not include personally identifying information. Use of such information is subject to the Pennies At A Time Privacy Policy and will not be shared with outside agencies as described therein. Your use of the software and the Program is voluntary. You may discontinue use and uninstall the software at any time.
- Export Controls. The software and the underlying information and technology may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the software, you are agreeing to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws.
- U.S. Government Restricted Rights. The software is provided with Restricted Rights. Use, duplication, or disclosure by the United States Government is subject to restrictions set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 C.F.R. 52.227-19, as applicable. Manufacturer is Pennies At A Time, LLC, 110 West 94th Street, Suite 1B, New York, NY 10025, ALL RIGHTS RESERVED UNDER THE COPYRIGHT LAWS OF THE UNITED STATES. For the purpose of any public disclosure provision under any federal, state, or local law, the information is trade secret and proprietary commercial data and not subject to disclosure.
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DISCLOSURE OF ACCOUNT INFORMATION
21. You authorize Pennies At A Time to only disclose to third parties information you have provided, or information that Pennies At A Time has obtained about your Pennies At A Time account or shopping behavior: (i) to agents and licensors of Pennies At A Time 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 merchant partner, or (iv) where it is necessary for redemption or transfer of your cash back rewards. Further, you authorize Pennies At A Time to receive any account information from any merchant 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 merchant harmless for any information disclosed to Pennies At A Time. You allow Pennies At A Time to collect and use non-personalized marketing information regarding visits and related to and purchases made from internet commerce sites.
22. By registering at Pennies At A Time, you agree to receive communications that are account and membership related (e.g. that new features are available on the Pennies At A Time website, etc) as well as periodic shopping-related e-mails that highlight coupons & special deals that are available to Pennies At A Time members. You can opt-out of receiving e-mails that are not account-related by either (i) e-mailing Pennies At A Time at: unsubscribe@penniesatatime.com, or (ii) visiting your account page, or (iii) following the unsubscribe link on e-mails containing this link. Since we need to communicate account information with you in order to operate our service, you can't unsubscribe from account information e-mails. But rest assured that we don't send account e-mails unnecessarily. These are not promotional e-mails, and are only used to notify you of critical or neccessary information. If you don't wish to ever hear from us, even if just to hear that we tracked your purchase and awarded your commission, you can close down your account by contacting customer service.
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DISCLAIMER
23. THE PENNIES AT A TIME PROGRAM AND THE SOFTWARE ARE BEING PROVIDED TO MEMBER "AS IS" WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PENNIES AT A TIME DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROGRAM AND THE SOFTWARE, 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.
24. PENNIES AT A TIME DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS FOR, ANY MERCHANDISE, PRODUCTS, OR SERVICES OFFERED OR PROVIDED BY AFFILIATED MERCHANTS OR SUPPLIERS IN CONJUNCTION WITH THE PROGRAM. IN ADDITION, ALTHOUGH PENNIES AT A TIME INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE PENNIES AT A TIME WEBSITE, PENNIES AT A TIME DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS THAT THIS SITE IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, PENNIES AT A TIME DOES NOT WARRANT THAT ACCESS TO THIS SITE OR USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, AND PENNIES AT A TIME ASSUMES NO RESPONSIBILITY FOR ANY DAMAGE OR MISTAKES CAUSED BY YOUR ACCESS, OR INABILITY TO ACCESS, THIS SITE OR YOUR USE OR INABILITY TO USE THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, YOUR INABILITY TO ACCRUE COMMISSIONS BY PURCHASING ITEMS WITH A MERCHANT.
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LIMITATION OF LIABILITY
25. IN NO EVENT WILL ANY OTHER COMPANY WITH WHICH PENNIES AT A TIME HAS A CORPORATE PARTNERING RELATIONSHIP, INCLUDING WITHOUT LIMITATION, CO-BRANDING, CO-MARKETING, JOINT DEVELOPMENT, A MERCHANT RELATIONSHIP, OR A LICENSING OR SUPPLIER RELATIONSHIP (EACH A "CORPORATE PARTICIPANT") BE LIABLE TO YOU FOR NON-PERFORMANCE OF PENNIES AT A TIME OBLIGATIONS. YOU AGREE NOT TO SUE ANY CORPORATE PARTICIPANT FOR NON-PERFORMANCE BY PENNIES AT A TIME. IN NO EVENT SHALL PENNIES AT A TIME 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: (I) THE PROGRAM; (II) ANY FAILURE, DELAY, OR DECISION BY PENNIES AT A TIME IN ADMINISTERING THE PROGRAM; (III) THE USE OR INABILITY TO USE THIS WEBSITE; (IV) THE USE OR INABILITY TO USE THE SOFTWARE INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LEGAL FEES, ARISING OUT OF SUCH USE OR INABILITY TO USE THE SOFTWARE, OR (V) THE PURCHASE OR USE OF ANY MERCHANDISE, PRODUCTS, OR SERVICES OF MERCHANTS OR SUPPLIERS, EVEN IF PENNIES AT A TIME, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
26. MEMBER AGREES TO INDEMNIFY AND HOLD PENNIES AT A TIME, ITS PARENTS, SUBSIDIARIES, AFFILIATES, PARTNER ORGANIZATIONS, OFFICERS, DIRECTORS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF MEMBER'S USE OF THE PROGRAM, THE VIOLATION OF THESE POLICIES BY MEMBER, OR THE INFRINGEMENT BY MEMBER, OR OTHER USER OF THE PROGRAM USING THE MEMBER'S 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.
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TERMINATION OR CHANGES TO THE PROGRAM
27. Pennies At A Time reserves the right to terminate the Program at any time with notice. This means you will have sixty (60) days from the date notice of Program termination. Notification of Program termination will be sent to the e-mail address you provide to Pennies At A Time during the registration process or the most current e-mail address on file. Pennies At A Time will not be responsible for failing to notify you of Program termination where such failure is caused by any reason outside the control of Pennies At A Time, including an error in your e-mail program, an inaccurate e-mail address, your failure to check for your e-mail online, or your failure to inform Pennies At A time of a change in your e-mail address.
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28. Pennies At A Time may modify this Agreement from time to time, with or without notice, and your continued participation in the Program after such modification shall be deemed to be your acceptance of any such modification. It is your responsibility to periodically check the Terms & Conditions page of the Pennies At A Time website regularly to determine whether this Agreement has been modified. If you do not agree to any modification of this Agreement, you must immediately cease participation in the Program.
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TERMINATION OF MEMBERSHIP
29. Membership in the Program is subject to the Program Terms and Conditions. Any failure to comply with the Program Terms and Conditions, any fraud or abuse relating to the accrual or redemption of commissions, or any misrepresentation of any information furnished to Pennies At A Time or its affiliates by you, or anyone acting on your behalf, may result in the termination of your membership in the Program, cancellation of your Pennies At A Time account and/or forfeiture of your accrued commissions. Pennies At A Time also reserves the right to close accounts that have been inactive for more than 12 months. Inactivity is defined as no tracked visits, either cookied or manually logged in. Any closed account will have all funds in it taken back by Pennies At A Time, and we will no longer allow user login under that username and password. We'd much rather have a happy customer than a closed account, but if you haven't come by in a year, and haven’t responded to any of our e-mails over the course of a year, Pennies At A Time will close the account and take back any funds therein.
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DISPUTES/ERRORS
30. All questions or disputes regarding the Program, including without limitation, questions or disputes regarding eligibility for the Program, or the eligibility of commissions for accrual, must be submitted in writing within 60 days of the qualifying transaction, to Pennies At A Time at: Customer Service, Pennies At A Time, LLC, 110 West 94th Street, Suite 1B, New York, NY 10025. Any such disputes shall be resolved by Pennies At A Time at its sole discretion. All interpretations of Program Terms and Conditions shall be at the sole discretion of Pennies At A Time. In the event that an error is made by Pennies At A Time, your sole remedy shall be the credit of the commission.
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MISCELLANEOUS
31. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without reference to conflicts of law rules. As a condition of the use of the Pennies At A Time website and service, you (the Member) agree to submit to the personal and exclusive jurisdiction of the courts located within the county of New York, New York and therefore agree to file any grievance or suit of any kind exclusively in the courts located within the county of New York. If any provision of this Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect. Pennies At A Time's failure to insist upon or enforce strict performance of any provision of the Agreement shall not be construed as a waiver of any provision or right. Nothing in this Agreement shall be construed as creating or constituting a partnership, joint venture or agency relationship between Pennies At A Time and the merchants or between Pennies At A Time and any other of its Corporate Partners. Neither the merchants nor any Corporate Partner shall have the ability to create any obligation on Pennies At A Time's behalf. This Agreement constitutes the entire agreement between you and Pennies At A Time with respect to the Program.
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