Pennysaverwired.com User Agreement

Welcome to pennysaverwired.com, a community newspaper, with services and products available on the Internet’s World Wide Web. Pennysaverwired.com and all related domains and subdomains are online properties of The Pennysaver Group, Inc. headquartered in Hanover, Maryland.

By viewing the content of pennysaverwired.com and downloading its pages, you agree to abide by the policies contained in this Agreement. In addition, related commerce-based services, such as our Click and Buy Service are detailed in this agreement and any additional policy agreement terms shall be stated in product addendum(s).

From time to time, we may make changes to this Agreement or addendum(s). If we do, we will notify you by posting the changes here. Continuing to use the Service after we have posted notice of these changes means that you agree to the changes.

Copyrights and Trademarks

While you visit our site, please remember that certain content published by pennysaverwired.com, including articles, photos, images, graphics, audio and video clips, bulletin board postings and other content, are owned by pennysaverwired.com, or by other information providers who have licensed their content for use on this site.

By using this service (reviewing any element of the web), you agree that:

You may electronically store a reasonable portion of pennysaverwired.com’s content for your personal, noncommercial use by making a single electronic copy on your computer’s hard drive, a single copy on a diskette or a single copy in printed form. You also agree that you will not store or archive a significant portion of the content or create a database using the content.
You will not in any way violate the intellectual property laws protecting the content accessible through pennysaverwired.com. This means you agree not to copy, modify, publish, transmit, create derivative works from, transfer, sell or display the content, including logos, trademarks or service marks, or otherwise violate the proprietary rights of pennysaverwired.com or others.
You will not reuse, republish or otherwise distribute the content or any modified or altered versions of it, whether over the Internet or otherwise, and whether or not for payment, without the express written permission of pennysaverwired.com or the copyright holder.
You will cooperate promptly and completely with any reasonable request by pennysaverwired.com related to an investigation of infringement of copyright or other proprietary right.

To obtain permission to reuse or republish any of pennysaverwired.com’s content or to correspond with Pennysaver for any business issue which may pertain directly to this user agreement, please contact E-Commerce Manager, Pennysaver Group, Inc., 1342 Charwood Road, Hanover, MD 21076.

Privacy

Pennysaverwired.com takes your personal privacy seriously. We do collect some information about you when you register for certain products, contests, participate in surveys, or engage in general activities on the site in order to provide you with the best possible experience on our site. We will not disclose any personal information about you without your advance permission, unless we have a good faith belief that it is reasonably necessary to comply with the law, to enforce this agreement, or to protect the interests of pennysaverwired.com.com, the Pennysaver Group, or others.

Occasionally, we may disclose user information to our prospective partners, advertisers and others, but only in a form that does not identify individual users.

For additional information about how pennysaverwired.com handles your personal information, please refer to pennysaverwired.com’s privacy policy which is available on our site.

Other services and information providers accessible through pennysaver.com have their own policies about using personal information and you should contact them directly for their policies.

Kids’ Use of the Site

Anyone under the age of 13 should not provide personally identifiable information through this Web Site. We will not knowingly request personally identifiable information from anyone under the age of 13 without first obtaining verifiable parental consent. If it comes to our attention that an online subscriber or a registered user of this Web Site is under the age of 13, we will remove from our files all personally identifiable information about that person. Please note that this Web Site may link to other web sites that we may maintain, which may have their own privacy and data collection policies and practices. You should check the applicable privacy policies of those linked web sites when providing personally identifiable information through such web sites.

Disclaimer

While pennysaverwired.com strives for accuracy, it does not warrant or guarantee the accuracy or completeness of any information or database accessible through the Service. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Nor does pennysaverwired.com guarantee or warrant that any files available for downloading will be free of defects or that the Service will be timely or uninterrupted. While we take reasonable steps to ensure that no viruses, worms, Trojan horses or other destructive properties are present, the entire risk as to the quality, security, availability and performance of the Service and the accuracy and completeness of any information is with the viewer or user of the Service.

WE, OUR PARENTS, SUBSIDIARIES, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR PARENTS, SUBSIDIARIES, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

In no event will pennysaverwired.com be liable for

any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of business profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use pennysaverwired.com, or any information or services provided on the Service, even if pennysaverwired.com has been advised of the possibility of such damages, or
any claim attributable to errors, omissions, or other inaccuracies related to the content accessible through pennysaverwired.com. Any liability of pennysaverwired.com, based on a claim brought by you in connection with your use of the site, shall be limited to the amount paid by you, if any, for use of the site or any of its products during the one-year period immediately preceding the alleged damage. Some jurisdictions do not allow the exclusion of certain warranties or liabilities, so some of the above may not apply to you.

Indemnification

You agree to indemnify and hold harmless pennysaverwired.com from and against any and all liability, loss, claims, damages, costs and/or actions (including attorneys’ fees) based upon or arising out of any breach by you of your obligations under this Agreement. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.

Liability Limit

IN NO EVENT SHALL WE, OUR PARENTS, SUBSIDIARIES, OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, OUR SUPPLIERS OR ANY OTHER PERSON INVOLVED IN CREATING, INSTALLING, DELIVERING, TESTING OR USING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO, OR ALTERATION OF A USER’S TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE INFORMATION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR LIABILITY, AND THE LIABILITY OF OUR PARENTS, SUBSIDIARIES, OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF

THE AMOUNT OF FEES YOU PAY TO US FOR SERVICES ON THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND
$100. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Legal Compliance

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.

Restricted Activities. Your Information (or any items listed) and your activities on the Site shall not:

be false, inaccurate or misleading;
be fraudulent or involve the sale of counterfeit or stolen items;
infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising);
be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
be obscene or contain child pornography;
contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
link directly or indirectly to or include descriptions of goods or services that:
1. are prohibited under this Agreement;
2. are identical to other items you have up for auction but are priced lower than your item’s reserve or minimum bid amount;
3. are concurrently listed for sale on a web site other than the Site (this does not prevent linking to or advertising a Pennysaverwired.com Click and Buy item from another web site); or
4. you do not have a right to link to or include. Furthermore, you may not list any item on the Site (or consummate any transaction that was initiated using our service) that, by paying to us the applicable fees, could cause us to violate any applicable law, statute, ordinance or regulation, or any of our applicable policies, guidelines or rules.

Conduct. You agree not to use the Site to:

upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
harm minors in any way;
impersonate any person or entity, including, but not limited to, Pennysaver official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site;
upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under any 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 or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property or other proprietary rights of any party;
upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
upload, post, email or otherwise transmit 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;
disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Site are able to type, or otherwise act in a manner that adversely affects other users’ ability to engage in real time exchanges;
interfere with or disrupt the Site 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, federal 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, but not limited to, the New York Stock Exchange, the American Stock Exchange or the Nasdaq, and any regulations having the force of law;
“stalk” or otherwise harass another; or
collect or store personal data about others in violation of any law, statute, ordinance or regulation, or any of our applicable policies, guidelines or rules.

No Agency

You and Pennysaverwired.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Cost

There is no cost for using the basic services of pennysaverwired.com, however, certain products and portions of the site may have charges attributed to them and will be clearly noted on the site. When there is payment for services or products, additional terms and conditions may apply as noted on this site.

Jurisdiction

This Agreement between Pennysaverwired.com and its users will be governed and interpreted under the laws of the state of Maryland and any action brought in connection with this Agreement shall be filed within one year of the date of the alleged injury, regardless of any statute of limitations, and filed in the State of Maryland.

eCommerce Products

The user agreement states the terms and conditions under which you may use the Pennysaverwired.com e-commerce products which include Click and Buy with availability under the domains and subdomains of pennysaverwired.com.

Membership Eligibility
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to persons under the age of 13 or to temporarily or indefinitely suspended Pennysaver or Pennysaverwired.com advertisers. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, you may not use our Site. Further, your Pennysaverwired.com Click and Buy account (including feedback) and User ID and password may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement. Pennysaverwired.com may refuse the use of, and participation in, the Site to anyone at any time, in our sole discretion.

Fees and Services.
Joining, bidding on or purchasing items at Pennysaverwired.com Click and Buy is free. We do charge fees for listing items for sale through our Site and when you list an item you have an opportunity to review and accept the fees that you will be charged. These fees and any credits on those fees are subject to Pennysaverwired.com’s current fee schedule and credit policies, which, may be changed from time to time. That schedule and those policies are incorporated into this Agreement by reference. Changes to the fee schedule and credit policies are effective after we provide you with at least seven (7) days’ notice of the changes by posting the changes on the Site. However, we may choose to temporarily change our fee schedule and credit policies and the fees for our services for promotional events and such changes are effective when we post the temporary promotional event on the Site. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and the Site and all applicable taxes, fees, surcharges or other levies. Pennysaverwired.com is providing you with capability to use the services on the Site and you are responsible for providing all equipment necessary to establish a connection to the World Wide Web, access to the World Wide Web, and any telephone or other connection and service fees associated with such access.

Pennysaverwired Click and Buy is a Venue
Pennysaverwired.com Click and Buy is not an auctioneer. Instead, the Site acts as a venue to allow anyone, subject to this Agreement and our applicable policies, guidelines and rules, to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats, including a fixed price format, a negotiated price and an auction-style format. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. We cannot ensure that a buyer or seller will actually complete a transaction. Consequently, we do not transfer legal ownership of items from the seller to the buyer, and nothing in this Agreement shall modify the governing provisions of any state under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller.

We may use a variety of techniques to verify the accuracy of the information our users provide us when they register on the Site. However, because user verification on the Internet is difficult, pennysaverwired.com cannot and does not confirm each user’s purported identity. We encourage you to communicate directly with potential trading partners through the tools available on the Site. You may also wish to consider using a third party escrow service or services that provide additional user verification.

Because we are a venue, in the event that you have a dispute with one or more users, you fully release, and forever discharge and covenant to hold harmless pennysaverwired.com (and our parents, subsidiaries, present and former affiliates, and their and our respective agents, servants, employees, attorneys, representatives, partners, employers, insurance carriers, officers, directors, shareholders, members, assigns, predecessors in interest and successors in interest) of and from any and all liabilities, losses, expenses, compensations, reimbursements, actions, rights and causes of action of whatsoever kind or nature, resulting from or in any way related to or in any way arising or growing out of any and all known and unknown damages, expenses, costs, losses, liabilities, claims, and the consequences thereof, arising out of or in any way connected with such disputes.

You understand that all information, data, text, software, music, sound, photographs, graphics, videos, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. Pennysaverwired.com does not control the Content posted via the Site and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site, you may be exposed to Content that is offensive, harmful, indecent or objectionable. Under no circumstances will pennysaverwired.com be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of any Content posted, emailed, or otherwise transmitted to you via the Site. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. There may also be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and you agree that pennysaverwired.com is not responsible for the acts or omissions of users on the Site.

Bidding and Buying.

As a buyer, you are obligated to complete the transaction with the seller:

if you purchase an item through one of our fixed price formats; or
if you are the highest bidder at the end of an auction (meeting the applicable minimum bid or reserve requirements) and your bid is accepted by the seller and the transaction is not prohibited by law or by this Agreement.
Please note this is an “Overtime Auction” format. This means that if a new bid is placed within 5 minutes of the scheduled end of the auction, the end of the auction is extended 5 minutes from the time of the last bid. An auction will not end until there has been at least 5 minutes of inactivity.

By bidding on an item you agree to be bound by the conditions of sale included in the item’s description so long as those conditions of sale are not in violation of this Agreement or unlawful. Unless you and the seller agree otherwise, you will become the item’s lawful owner upon physical receipt of the item from the seller, in accordance with state law. Bids are not retractable except in exceptional circumstances, such as: when the seller materially changes the item’s description after you bid; a clear typographical error is made; you cannot authenticate the seller’s identity; or when the seller does not confirm your purchase. If you choose to bid on mature audience items or items that are restricted to adult use, you are certifying that you have the legal right to purchase such items.

Listing and Selling

Listing Description. You must be legally able to sell the item(s) you list for sale on the Site. You must describe your item and all terms of sale on the listing page of the Site, however your terms of sale may not conflict with this Agreement and any such conflicting terms shall be null and void. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category. All items in multiple item listings must be identical. Pennysaverwired.com reserves the right to remove a listing at any time for any reason whatsoever, in its sole discretion. Upon such removal, the auction or sale under that listing shall be terminated and no auction or sale shall be consummated regardless of whether or not any minimum or reserve price has been met.

Binding Bids. Unless you state otherwise in your listing, if you receive at least one bid at or above your stated minimum price (or in the case of reserve auctions, at or above the reserve price), you are obligated as the seller to complete the transaction with the highest bidder upon the auction’s completion, unless there is an exceptional circumstance, such as:

the buyer fails to meet the terms of your listing (such as payment method), or
you cannot authenticate the buyer’s identity.

Fraud. Without limiting any of our other rights or remedies, Pennysaverwired.com may suspend or terminate your account if we suspect (by evidence of conviction or settlement, from an insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.

Manipulation. Neither you, bidders nor sellers may manipulate the price of any item nor may you interfere with other user’s listings or transactions. You acknowledge and agree that Pennysaverwired.com may, in its sole discretion, determine that you have engaged in such manipulation.

Your Information

Registration. In consideration of your use of the Site, you agree to:

provide true, accurate, current and complete information as prompted by the registration form;
maintain and promptly update the registration information to keep it true, accurate and complete; and
refrain from using the Site for any purpose that is unlawful or prohibited by this Agreement.

Account and Password Security. You will be provided an initial password and account designation during the Site’s registration process. You will also be provided the option of designating you own password during the registration process. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password and account. You agree to

immediately notify Pennysaverwired.com of any unauthorized use of your password or account or any breach of security and
ensure that you fully exit from your account at the end of each session. Pennysaverwired.com cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.

Definition. “Your Information” is defined as any information you provide to us or other users in the registration, bidding or listing process, in any public message area or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. You acknowledge and agree that Pennysaverwired.com may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

comply with legal process;
enforce this Agreement;
respond to claims that any Content violates the rights of third-parties; or
protect the rights, property, or personal safety of Pennysaverwired.com, its users and the public.