All content including messages, text, files, images, photos, or other ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated.
- You are entirely responsible for all Content that you post, email or otherwise make available via the Service.
- You understand that PennySaver USA is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.
- Furthermore, the Sites and content available through the Service may contain links to other websites, which are completely independent of PennySaver USA. Pennysaver USA makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site.
- Your linking to any other websites is at your own risk.
- You agree that you must evaluate, and bear all risks associated with, the use of any Content
- You agree that under no circumstances will PennySaver USA be liable in any way for any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise made available via the Service.
- You acknowledge that PennySaver USA has right to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.
Privacy and Information Disclosure
You agree not to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- impersonate any person or entity, including, but not limited to, a PennySaver USA official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- "stalk" or otherwise harass another; and/or
- collect or store personal data about other users in connection with the prohibited conduct and activities set forth above.
You acknowledge that PennySaver USA may or may not pre-screen content, but that PennySaver USA and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any content that is available via the Service. PennySaver USA and its designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any Content created by PennySaver USA in all other parts of the Service. You acknowledge, consent and agree that PennySaver USA may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of PennySaver USA, its users and the public. You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by PennySaver USA and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. You understand that any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
No Spam Policy
You understand and agree that sending unsolicited email advertisements to PennySaver USA email addresses or through PennySaver USA computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in California. Any unauthorized use of PennySaver USA computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.
Limitations on service
You acknowledge that PennySaver USA may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that PennySaver USA has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that PennySaver USA reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that PennySaver USA shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Termination of service
You agree that PennySaver USA, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if PennySaver USA believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that PennySaver USA shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.
Dealings with organizations and individuals
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that PennySaver USA shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that PennySaver USA is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release PennySaver USA, its officers, employees, agents and successors in rights from claims, de
mands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service
Disclaimer of Warranties
YOU AGREE THAT USE OF THE PENNYSAVER USA SITES AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE PENNYSAVER USA SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, PENNYSAVER USA DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE PENNYSAVER USA SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, PENNYSAVER USA DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PENNYSAVER USA SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE PENNYSAVER USA SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, PENNYSAVER USA DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE PENNYSAVER USA SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL PENNYSAVER USA BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF PENNYSAVER USA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE PENNYSAVER USA SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE PENNYSAVER USA SITE OR THE SERVICE, FROM INABILITY TO USE THE PENNYSAVER USA SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE PENNYSAVER USA SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PENNYSAVER USA SITE OR THE SERVICE OR ANY LINKS ON THE PENNYSAVER USA SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PENNYSAVER USA SITE OR THE SERVICE OR ANY LINKS ON THE PENNYSAVER USA SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
You agree to indemnify and hold PennySaver USA, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.
PennySaverUSA.com respects the intellectual property rights of others. If you believe that your work has been copied and has been posted, stored or transmitted to this Web Site in a way that constitutes copyright infringement, please provide our Copyright Agent with a written notice, pursuant to the Digital Millennium Copyright Act, which contains the following information:
An electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyright;
A description of the copyrighted work that you claim has been infringed;
A description of the material, and its specific location on the Web Site, which you claim is infringing the copyright;
Information sufficient to contact you, such as your address, telephone number, and e-mail address;
A statement that you have a good-faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law;
A statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Our Copyright Agent for notice of claims of copyright infringement on the Web Site can be reached as follows:
Copyright Agent, Drew Fortin, Brea, California, Phone: (714) 577-4367 Fax: (714) 577-4248 Email: [email protected]
PennySaver USA Publishing, LLC, PennySaver, The Monthly Mailer, OC Monthly, South Bay Monthly, PowerSites, PennySaverUSA.com, and all other trademarks owned by PennySaver USA Publishing, LLC including associated logos and products referenced herein are either registered trademarks or trademarks of PennySaver USA Publishing, LLC in the U.S. and other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Nothing contained on the Web Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Web Site without our written permission or that of any relevant third party rights holder. Any rights not expressly granted herein are reserved.
One (1) complimentary URL is provided for all customers who have purchased a Power Site. Registration of this URL will be managed by PennySaver USA and redirected to the customer's Power Site profile page. Email, FTP and other related services are not provided to the customer through their URL. A URL provided by PennySaver USA shall remain the property of PennySaver USA and is provided to the customer for the duration of their Power Site advertising. At such a time that a customer cancels their Power Site, that URL will become inactive. PennySaver USA reserves the right to release or resell any URL that has become inactive due to ad cancellation. These terms and conditions are subject to change. These terms are in addition to PennySaver USA's standard Terms and Conditions.
One (1) complimentary call tracking phone number is provided to all customers who have purchased a Power Site. This tracking number shall remain the property of PennySaver USA and is provided to our customers free of charge for the duration of their Power Site ad. Customers agree to use this number exclusively with PennySaver USA advertising. Use of this number is permitted in PennySaver USA print advertising. PennySaver USA reserves the right to charge customers $.15 per minute on minutes in excess of 500 per month. Upon cancellation of a customer's Power Site ad, the tracking number will be suspended and once deactivated, may be unavailable to a customer for future use. These terms are in addition to PennySaver USA standard Terms and Conditions.
You agree that PennySaver USA , and its service provider, may provide call tracking and recording service via the service provider’s networks. The service provider has granted to PennySaver USA a non-exclusive license to offer, access, and manage these services, including your recorded calls and call tracking data, subject to the following terms and conditions.
You, PennySaver USA and the service provider are each independent entities and none of them are the agent for the other.
You understand and acknowledge that calls to certain telephone numbers routed to your facilities will be electronically recorded for quality assurance and that each inbound caller will be automatically notified of the recording.
You expressly agree, acknowledge, and warrant that (i) you will provide written notice to all of your Call Handlers (employees or agents who might receive and answer such recorded calls) that the calls are recorded and may be monitored, stored or disclosed and (ii) you will obtain the prior, express written consent of all Call Handlers to such recording before they are allowed to answer any calls and (iii) you will be solely responsible for providing and maintaining such notices and consents.
You agree, acknowledge, and warrant by using the call recording service that you have reviewed the legality of recording, monitoring and divulging telephone calls and the legality of the notice of recording and that neither PennySaver USA nor its service provider makes any representation or accepts any responsibility regarding the legality of recording, monitoring, or divulging telephone calls as it pertains to federal, state, and local laws. You agree, acknowledge and warrant that you have established proper procedures to protect the privacy of the callers and the Call Handlers and the data contained in the calls. In the event the recording notification must be revised to comply with applicable law, you will promptly advise PennySaver USA of this fact, in writing.
You hereby agree, acknowledge and warrant that PennySaver USA and its service provider are granted full access to administer, manage, use, and monitor the call tracking and recording systems, call activity, and call recordings in accordance with the agreements between PennySaver USA and the service provider.
You shall defend, indemnify, and hold harmless PennySaver USA , its service provider and each of their respective agents, including employees, from any and all claims, liabilities, and /or damages that arise from or relate to use of the call recording systems by you or any of your agents, employees or contractors, from the taping of telephone calls or any breach or alleged breach by you of your obligations or representations and warranties under this Agreement.
PennySaver USA and its service provider disclaim any warranty, express or implied, including but not limited to any implied warranties of merchantability and fitness for a particular use, that arises from or is related to the call recording systems or your use thereof.
Neither PennySaver USA nor its service provider, nor any of their respective agents shall be liable or responsible for any failure, outage, or other circumstance that may cause any or all of your telephone calls not to be received, recorded, or saved, including but not limited to privacy rights liability, consequential damages, lost profits, or loss of any other interest that may occur, directly or indirectly. PennySaver USA and its service providers' liability, whether based in contract or tort, for any cause of action arising out of or relating to this agreement shall not exceed the total amount of fees paid to PennySaver USA for the particular advertising campaign to which this agreement relates.
You may not use or permit any of your employees or agents to use any call recording to intimidate, harass, or otherwise violate the privacy or other rights of a caller or a Call Handler. You will use the call recordings in accordance with all applicable laws. In the event that PennySaver USA learns about your alleged misuse of the call recording system, PennySaver USA and its service provider reserve the right to terminate your use of the call recording system without prior written notice and without liability on their part.
This agreement shall not modify or supersede any agreements between you and PennySaver USA relating to the provision of print advertising to you, which other agreements shall continue in full force and effect without modification.
PennySaver USA reserves the right to modify the terms of this agreement upon written notice to you, in which case you may cancel this agreement within thirty (30) days of your receipt of such notice. If you do not provide such a cancelation notice within the applicable timeframe, you will be deemed to have accepted such modifications.