Accepting the Terms of Service
Penny Puddle, LLC ("Penny Puddle" OR "us") provides the features, information, and functionality on PennyPuddle.com (the "Service"), to you subject to the following terms of service ("TOS") which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at pennypuddle.com/terms. By using the Service, you agree to be bound by the TOS, either as a non-registered visitor, registered user, or paying customer (in each case, "you" or "user").
You may not use the Service if you are a minor or unable to form a binding contract with Penny Puddle. By using the Service in any capacity, you represent that you have the capacity to be bound by the TOS, or if acting as a representative of a company or entity, that you have the authority to bind such company or entity.
For information about the privacy of the information you provide to Penny Puddle, please read the Privacy Policy located at pennypuddle.com/privacy, which is hereby incorporated into the TOS. You agree to the collection and use of your information by Penny Puddle in connection with the Service and that Penny Puddle may access, preserve and disclose such information if required by law to do so or if Penny Puddle reasonably believes such access, use or disclosure is necessary to enforce the TOS or to respond to your requests in connection with the Service. You also understand that the technical processing and transmission of the Service may involve transmissions over various networks.
Description of Service
The Service provides advice on how to plan and save for financial goals. By using the Service you agree and understand that:
a) You will provide Penny Puddle with comprehensive data as to your current and prospective financial circumstances.
b) You will use the Service to help you determine specific financial objectives, taking into account such matters as current and anticipated income, current tax levels, investment and non-investment assets, your investment risk tolerance, and other information that may be helpful in developing a financial plan.
c) Based upon the data you provide and the objectives you specify, the Service will make recommendations designed to help you achieve your goals. Neither Penny Puddle nor the Service gives any tax or legal advice.
d) You will not reproduce, duplicate, sell or assign or exploit for any commercial purpose any portion of the Service, use of the Service or access to the Service.
e) Penny Puddle may modify or discontinue, temporarily or permanently, the Service (or any part thereof), at any time, with or without notice and that Penny Puddle shall not be liable to you or any third party for any such modification, suspension or discontinuance of the Service.
f) Penny Puddle may terminate your account or use of the Service at any time with or without notice and that Penny Puddle shall not be liable to you or any third party for any termination of your account or use of the Service.
g) The Service and any necessary software used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
Changes to Your Plan
The financial plan provided by the Service will be based upon the information provided by you. If at some point in the future your financial situation changes, the objectives and processes outlined to achieve your goals may change as well. If this is the case, the financial plan provided by the Service may become outdated and need to be changed at an additional expense to you.
Indemnity
You agree to indemnify and hold harmless Penny Puddle and its members, managers, affiliates, officers, employees and agents (the "Penny Puddle Parties") from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service or any violation of the TOS.
Disclaimer of Warranties
You expressly understand and agree that the Service is provided on an "AS IS, WHERE IS" basis and that Penny Puddle expressly disclaims all warranties of any kind, whether express or implied and including, but not limited to, any warranties of merchantability or fitness for a particular purpose and non-infringement. Penny Puddle makes no warranty that (i) the Service will meet your requirements, or (ii) the Service will be uninterrupted, timely, secure or error-free. Any material downloaded or otherwise obtained through the use of the Service is accessed at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of such information.
The Service will endeavor to provide a financial plan designed to help you reach your goals. However, the Service shall not be liable for any changes or future developments including, but not limited to, changes in either your personal financial situation or the financial situation of the United States or the global economy.
Investments are subject to risk, both seen and unforeseen. The Service is not responsible for negative impacts to your investments or account balances based upon guidance provided by the Service. The Service will attempt to apply principles widely accepted as sound investment practices in the financial planning process, but makes no guarantees of the results.
Limitation of Liability
You expressly understand and agree that none of the Penny Puddle Parties shall be liable to you for any direct, indirect, special, consequential, indirect or exemplary damages, whether or not foreseeable, resulting from the use or inability to use the Service. Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the foregoing limitation may not apply to you.
Other
The TOS are the entire agreement between you and Penny Puddle. The TOS and your relationship with Penny Puddle shall be subject to and governed by the laws of the State of California without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located within Los Angeles County, California. The failure of Penny Puddle to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavor to give effect to the intention reflected by such provision and that the other provision of the TOS shall remain in full force and effect.