PIGGYFUND.COM MEMBERSHIP AGREEMENT
PiggyFund.com provides this Membership Agreement ("Agreement") to you as a user of PiggyFund.com. By using PiggyFund.com, you are indicating your willingness to be bound by all of the terms of this Agreement. If you do not wish to be bound by this Agreement, please do not use PiggyFund.com. We reserve the right to change the terms and conditions of this Agreement at any time and without prior notice to you, but such changes will be effective only when they are posted to this site. By registering to become a member of PiggyFund.com ("Member"), you attest that all information provided by you in the registration is true and accurate.
PiggyFund.com Privacy Statement: PiggyFund.com is committed to protecting your privacy. PiggyFund.com does not sell or rent any identifiable information about you to any third party without your consent and will scrupulously protect the individually identifiable information you provide to us. Please be aware that when accessing other web sites that have links on or are linked to our site, personally identifiable information may be collected about you. The information practices of those web sites linked to PiggyFund.com are not covered by this Privacy Policy.
Changes to the Privacy Policy: PiggyFund.com may change this Privacy Policy at any time by posting revisions to our web site. For minor changes please return back to this statement for the latest policy. We will use personal information in accordance with the privacy policy under which the information was collected. If, however, we are going to use users' personally identifiable information in a manner different from that stated at the time of collection we will notify users via e-mail. Users will have a choice as to whether or not we use their information in this different manner. However, if users have opted out of all communication with the site, or deleted/deactivated their account, then they will not be contacted, nor will their personal information be used in this new manner.
Regulation of Certain Content: Member agrees not to include in the material posted on PiggyFund.com's web site any information or material which violates or infringes any patent, trademark, copyright, trade secret or any other rights of any person, firm or corporation, or which a reasonable person would consider abusive, profane or offensive, which is defamatory or harassing, or which violates or encourages others to violate any applicable law. PiggyFund.com reserves the right to refuse service to anyone, in its sole discretion. PiggyFund.com may without liability actively cooperate with and furnish identifying and supporting information to any person likely to be harmed by Member's violation of these provisions and to any law enforcement agency serving a warrant or subpoena on PiggyFund.com. PiggyFund.com will be the sole arbiter as to what constitutes a violation of this provision.
Cookies: In addition to the above information, PiggyFund.com also stores information in the form of cookies. A cookie is a small text file that does not personally identify users, although it does identify a user's computer. Cookies do not pose a threat to your computer, and they do not contain viruses. We use cookies to deliver content specific to your interests, to track the areas on our site that you visit, to remember your selections on certain pages from previous visits to those pages, and to streamline the login process. Most Web browsers automatically accept cookies, but you can change this feature in your browser. However, this may prevent you from enjoying all of the features of our site. A cookie can't read data off your hard disk. PiggyFund.com cannot read cookie files created by other sites, nor can other sites read information from cookies created by PiggyFund.com. If you choose to use the auto-login feature for your registry, we link the information we store in a cookie on your machine to your personally identifiable information (name, address, phone, etc. from your registry) in order to log you in to your registry.
Children: PiggyFund.com is committed to protecting the privacy of children and to complying with the Children's Online Privacy Protection Act (COPPA). PiggyFund.com does not intentionally or knowingly collect personal information from children under the age of 13. Parents are requested to supervise their children's online activities and consider using available parental control tools to help provide a safe online environment. For additional information about COPPA, visit the U.S. Federal Trade Commission Web site at http://www.ftc.gov.
Service Charges: PiggyFund.com charges a service fee of 6% on the total gift amount actually contributed to your PiggyFund.com account. When we send you a check we will deduct the 6% from the total gift amount actually received and credited to your PiggyFund.com account, and send you the balance.
We have no signup fee.
How we use your information: PiggyFund.com continually seeks to improve the quality of services that it offers to you so that we may better meet your needs. As part of this process, PiggyFund.com collects information from our customers that is voluntarily provided as well as data regarding your usage of the web site. This information is used in the following and other similar ways:
- Internally, PiggyFund.com uses individually identifiable information about you to improve its marketing and promotional efforts, to statistically analyze site usage, to improve product offerings, and to customize the PiggyFund.com web site and system content and layout.
- PiggyFund.com may also provide third parties with aggregate (summary) information regarding many users of the web site. For example, we might inform third parties regarding the number of users of our site and the activities they engage in while on our site. This information will contain nothing that can identify you or your personal information.
- PiggyFund.com may need to contact you regarding questions you may have or troubleshoot system problems that you are experiencing.
- PiggyFund.com may disclose individually identifiable information if legally required to do so, or in order to identify, contact or bring legal action against someone who may be violating PiggyFund.com's Membership Agreement or may be causing injury to PiggyFund.com's or another individual or entity's rights or property.
PiggyFund.com security: PiggyFund.com considers the security of individually identifiable information to be a serious and important matter. To protect the security of data, PiggyFund.com's web and database servers are hosted in a secured physical and network environment and efforts are made to secure web servers, networks, host operating systems and databases against unauthorized access. Please remember that the security measures taken by PiggyFund.com are not foolproof; no web site can guarantee that information will be protected in all situations. However, PiggyFund.com shall take all appropriate industry standard measures to protect the information that you provide to us.
Updating or removing your personal information and contacting us: You can always contact us at Info@PiggyFund.com in order to remove your individually identifiable information from our systems or to update the individually identifiable information that you have provided to us. Please contact us if you have any questions or comments regarding this Privacy Policy.
Infringing Activity: Members agree to immediately advise PiggyFund.com in writing of any infringing activity of which they become aware. It is PiggyFund.com's policy not to tolerate any infringing activities.
Modification or Termination of Service: PiggyFund.com reserves the right to modify or discontinue PiggyFund.com at any time without notice to you. Any such modifications or termination of service announcements will be posted to the web site.
Member Conduct: You agree to use PiggyFund.com for lawful purposes only. You may not use, or allow others to use, your PiggyFund.com membership, either directly or indirectly, to:
- Post or transmit any content that is abusive, vulgar, obscene, hateful, fraudulent, unlawful, threatening, harassing or defamatory;
- Post or transmit any matter that you do not have a right to transmit under law or under contractual or fiduciary relationships;
- Harass or threaten any Member of PiggyFund.com or any other person or entity;
- Harm minors in any way;
- Post, transmit, promote, link to or facilitate the distribution of any content that can be construed as libel, slander, harassment, hate speech, obscenity, pornography or cruelty to animals;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity, including the forging of headers or other manipulation of identifiers in order to disguise the origin of any content or transmission source;
- Post, transmit or facilitate the transmission of statements that are intentionally false or misleading;
- Post, transmit or facilitate the transmission of chain letters or pyramid schemes;
- Post, transmit or facilitate the transmission of any unsolicited advertising, charity request, promotional materials or other forms of solicitation;
- Offer, sell or purchase any registered or unregistered securities;
- Violate any applicable local, state, national, international or foreign law or regulation;
- Post or otherwise transmit software viruses or other computer code, files or programs designed to inhibit, block or jam the functionality of computer software, hardware, or telecommunications equipment;
- Collect or store personal data about other users;
- Engage in unapproved commercial activity;
- Send unsolicited e-mail ("spam").
You agree that PiggyFund.com may at any time, and at its sole discretion, terminate your membership without prior notice to you for suspected violation of the above provisions.
As a user, you are responsible for protecting your password. You agree that you will be responsible for any and all statements made while using this site, and acts or omissions that occur through the use of your membership and password. If you have reason to believe or become aware of any loss, theft, or unauthorized use of your membership account or password, notify PiggyFund.com immediately.
Sole Copyright Holder: Members posting material at Piggyfund.com need be the sole copyright holder or licensor of any material posted, with no third party consent required.
Use At Your Own Risk: Use of any material or information obtained via PiggyFund.com is at your own risk. PiggyFund.com specifically denies any responsibility for the accuracy of material or information obtained through its services.
No Legal Advice: PiggyFund.com does not provide legal services or advice. All activities of Members and any exploitation of material and information posted here, with or without the collaboration of others, should be conducted with the separate advice of professional counsel, if desired.
Member-Provided Content: You understand that all information, text, messages, and any other material posted on PiggyFund.com by members ("Member Content") is the sole responsibility of the person from which such Member Content originated. This means that the member, not PiggyFund.com, is entirely responsible for the content you upload, post, or otherwise transmit. PiggyFund.com does not control the Member Content that is posted and therefore does not guarantee the accuracy or integrity of the Member Content. You acknowledge and hereby consent to providing your child's first and last name so that PiggyFund.com can write the gift check to the child directly. You further acknowledge and consent to having PiggyFund.com have a search engine on its site so that web users can search the first name, first initial of last name, and city of residence for a particular child. In no event shall both the first and last name of a child be posted on PiggyFund.com.
PiggyFund.com's Rights Regarding Member Content: Except as limited and regulated by our Privacy Policy, by placing content on PiggyFund.com you grant PiggyFund.com an unlimited license to republish, reproduce, modify and adapt the Member Content for the purpose of administering and promoting PiggyFund.com.
While PiggyFund.com does not and cannot review all transmissions by Members, you acknowledge that PiggyFund.com reserves the right to, and may from time to time, monitor any and all information transmitted or received through PiggyFund.com. PiggyFund.com, at its sole discretion and without further notice to you, may review, remove or prohibit Member Content that PiggyFund.com deems inappropriate or that violates any term or condition of this Agreement.
PiggyFund.com Content: PiggyFund.com Content is defined as any information, data, text, messages, articles, software, methods or processes, photos, video, graphics, music, sounds and any other material or services that are found on PiggyFund.com, excluding Member Content. By accepting this Agreement, you agree that all PiggyFund.com Content is the sole property of PiggyFund.com and PiggyFund.com and its successors, licensees and assigns shall retain all right, title and interest in and to the PiggyFund.com Content, which may not be reproduced without prior written consent of PiggyFund.com. All PiggyFund.com Content herein is protected under U.S. and international copyright, trademark and other laws and is only intended for the personal use of its members. You may not modify, publish, retransmit, participate in the transfer or sale of, copy (other than temporary copies that may appear in or be created by your browser), create derivative works of, distribute, perform or display any of the PiggyFund.com Content in any way, except that you may make one copy for your personal use.
Links: PiggyFund.com may include links to other sites or resources. You acknowledge that PiggyFund.com is not responsible for the privacy practices or the content of those sites. Be aware of where you are at all times!
PiggyFund.com Advertising: You acknowledge that PiggyFund.com has the right to advertise and post promotions on PiggyFund.com. You acknowledge that site users may not advertise or post promotions on PiggyFund.com without express written permission from PiggyFund.com.
Indemnity: You agree to indemnify, defend and hold harmless PiggyFund.com and its affiliates, successors, licensees and assigns, and its and their officers, directors, managers, employees, agents, contractors, partners, shareholders and representatives (collectively the "PiggyFund.com Parties") from any and all costs, expenses (including reasonable attorneys fees and court costs), actions, judgments, claims, demands, liens, agreements, contracts, actions, suits, damages, orders and liabilities, etc., arising our of, resulting from or associated with any claim or alleged claim involving in any way (i) your use of Member Content or PiggyFund.com Content; (ii) any content provided by you; (iii) any violation by you of your obligations under this Agreement; and (iv) any violation by you of the rights of others.
Trademarks: The trademarks, logos, and service marks (collectively the "Trademarks") displayed on PiggyFund.com are the registered and unregistered Trademarks of PiggyFund.com and others. Except as provided in this Agreement or by written permission of PiggyFund.com, your use, appropriation or misrepresentation of the Trademarks displayed on this site is strictly prohibited. PiggyFund.com will aggressively enforce its intellectual property rights to the fullest extent of the law.
No Resale of Services: You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes the service provided by the PiggyFund.com web site or its use or access.
Practices Regarding Use and Storage of Data: PiggyFund.com may place limits on the use and storage of data on our site. For example, PiggyFund.com may limit the length of time that Member Content can remain on the site, or set limits regarding maximum or minimum levels of activity. You agree that PiggyFund.com will not be responsible or liable for the deletion of messages or content on the PiggyFund.com site, and agree that PiggyFund.com reserves the right to terminate accounts that are inactive for an extended period of time without notice. PiggyFund.com reserves the right to change our practices regarding the use and storage of data on PiggyFund.com at anytime without notice to users.
Disclaimer of Warranties: PiggyFund.com has taken commercially reasonable efforts to make sure that the information and services provided to you are accurate. You acknowledge that PiggyFund.com expressly disclaims all other warranties of any kind, whether express or implied, regarding the completeness, truth, accuracy, non-infringement, lost data, merchantability or fitness of the content found herein for any particular purpose. All information provided on PiggyFund.com is to be used on an "as is, at will with all faults" basis. Further, PiggyFund.com makes no warranty that service will be uninterrupted, timely, secure or error-free, that any files available for downloading will be free of viruses, worms or other code that manifest contaminating or destructive properties, or that the quality of any services, information, or other material will meet your expectations.
You agree that PiggyFund.com will not be held liable to anyone for any loss or injury resulting from your direct or indirect use of PiggyFund.com. This includes, but is not limited to, loss or injury caused in whole or in part by contingencies beyond PiggyFund.com's control in procuring, compiling, interpreting, reporting, operating or delivering any portion of PiggyFund.com. Further, you agree that PiggyFund.com assumes no responsibility for any and all transactions you may conduct with any parties as a result of your use of the PiggyFund.com services. Some jurisdictions do not allow the disclaimer of such warranties, so this may not apply to you, but the disclaimer will apply to the furthest extent allowed by law.
Warranties: Member warrants and represents that there are no liens, claims or litigation concerning any material or information posted or to be posted at PiggyFund.com (and should there be any such claims, liens or litigation, Member will immediately remove the potentially offending material and/or information from this site).
Indemnification: Member agrees to indemnify, defend and hold harmless PiggyFund.com and its affiliates, successors, licensees and assigns, and its and their officers, directors, managers, employees, agents, contractors, partners, shareholders and representatives (collectively the " PiggyFund.com Parties") from any and all costs, expenses (including reasonable attorneys fees and court costs), actions, judgments, claims, demands, liens, agreements, contracts, actions, suits, damages, orders and liabilities, etc., arising our of, resulting from or associated with any claim involving in any way the use of the service or from any breach or alleged breach by Member of any of Member's warranties, representations or agreements hereunder.
Facilitator: PiggyFund.com is a mere facilitator and is relying on Members to prescreen, legally clear and editorially control the content of Member's material posted. PiggyFund.com reserves the right to remove material or information brought to its attention which it deems in its sole discretion to be detrimental to PiggyFund.com or any person or entity. Members agree not to post any material or information which violates or infringes any patent, trademark, copyright, trade secret or any other rights of any person, firm or corporation, or which a reasonable person would consider abusive, profane or offensive, which is defamatory or harassing, or which violates or encourages others to violate any applicable law. PiggyFund.com reserves the right to refuse service to anyone at any time, for any reason, in its sole discretion; and service will be terminated for any repeat offender of PiggyFund.com's policies. Members will not disseminate pornographic or obscene movies or graphic images.
Legal Clearance: PiggyFund.com does not investigate the truthfulness of information, statements and/or materials posted here and specifically denies any responsibility for the accuracy or quality of information obtained through its services. PiggyFund.com will not be responsible for any damage suffered in connection therewith.
Release Of Liability And Assumption Of Risk: You agree and acknowledge that PiggyFund.com will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if PiggyFund.com has been advised of the possibility of such damages), resulting from or related to the use or inability to use PiggyFund.com. Some jurisdictions do not allow the waiver of such damages, so this may not apply to you, but the waiver will apply to the furthest extent allowed by law. You acknowledge and understand that it is of the essence to this Agreement, and you hereby agree on behalf of yourself and your heirs, next of kin, spouse or partner, guardians, legal representatives, executors, administrators, successors and assigns (collectively, the "Releasing Parties"), that you and the other Releasing Parties do hereby unconditionally and irrevocably release and forever discharge the PiggyFund.com Parties (also collectively referred to as the "Released Parties") from and against any and all claims, demands, liens, agreements, contracts, actions, suits, costs, attorneys' fees, damages, judgments, orders and liabilities of whatever kind or nature in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden (collectively, the "Released Claims") in any way directly or indirectly related to or arising directly or indirectly out of: (i) your participation and appearance in or elimination from the service or activities associated with the service in any way, including without limitation claims for any copyright, trademark or other intellectual property infringement, breach of contract or implied contract, injury, illness, damage, loss or harm to you or your property, or your death, and any and all claims, demands, damages, costs, expenses and causes of action that you and the other Releasing Parties may now have or may hereafter have or suffer due to or in any way arising out of any act or omission of any Released Party; and or (ii) your own actions and/or the actions of other participants; and/or (iii) the actions of any unrelated third parties; and/or (iv) any loss or damage to your personal property. The Released Claims shall include but not be limited to those based on negligence of any of the Released Parties, breach of contract, breach of any statutory or other duty of care owed under applicable laws, libel, slander, defamation, invasion of privacy, right of publicity or personality, misappropriation, intentional infliction of emotional distress, negligent infliction of emotional distress and infringement of copyright. Member and the other Releasing Parties hereby unconditionally and irrevocably agree that neither Member nor the other Releasing Parties will not sue or claim against any of the participants in the Program or the Released Parties with respect to the Released Claims.
Without in any way limiting the foregoing, Member acknowledges and agrees that all of Member's activities in connection with the service, shall be solely at my own risk and that PiggyFund.com shall have no responsibility therefor. Member expressly assumes all risks of injury or other loss in connection with such activities, and otherwise in connection with the service, including risks both known and unknown, and even if arising from negligence of the persons released from liability above. Member further acknowledges that no representations or warranties of any kind whatsoever have been made to Member.
Unknown Facts: Member and the other Releasing Parties acknowledge that there is a possibility that subsequent to the execution of this Agreement, Member or they will discover facts or incur or suffer claims which were unknown or unsuspected at the time this agreement was executed, and which if known by Member or them at that time may have materially affected my or their decision to execute this agreement. Member and the other Releasing Parties acknowledge and agree that by reason of this Agreement, and the release contained in the preceding subparagraphs, Member and the other Releasing Parties are assuming any risk of such unknown facts and such unknown and unsuspected claims. Member and the other Releasing Parties have been advised of the existence of Section 1542 of the California Civil Code, which provides:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
Notwithstanding such provisions, this release shall constitute a full release in accordance with its terms. Member and the other Releasing Parties knowingly and voluntarily waive the provisions of Section 1542, as well as any other statute, law, or rule of similar effect, and acknowledge and agree that this waiver is an essential and material term of this release, and without such waiver Member would not have been permitted to join or participate in the service. Member and the other Releasing Parties hereby represent that Member and they have been advised by their legal counsel, acknowledge and understand the significance and consequence of this release and of this specific waiver of Section 1542 and other such laws.
Member acknowledges and agrees this Agreement is intended to operate and be construed as broadly as possible under applicable law. Accordingly, to the extent applicable law would limit this agreement in any way, or invalidate any provisions hereof, such limitation or invalid provision shall not operate to invalidate this agreement in its entirety; rather, this paragraph shall be deemed to operate and to be effective to the maximum extent permitted by law.
Agent for Service of Process: PiggyFund.com's agent for service of process is Neal Tabachnick, c/o Wolf, Rifkin, Shapiro & Schulman LLP, 11400 W. Olympic Boulevard, 9th Floor, Los Angeles, CA 90064, tele: 310.478.4100, email: ntabachnick@wrslawyers.com.
Interruption of Service: Member hereby acknowledges and agrees that PiggyFund.com will not be liable for any temporary delay, outages or interruptions of the service. Further, PiggyFund.com shall not be liable for any delay or failure to perform its obligations under this Agreement, where such delay or failure results from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electronic, communications or third-party supplier failure).
Maintenance: Member hereby acknowledges and agrees that PiggyFund.com reserves the right to temporarily suspend services for the purposes of maintaining, repairing, or upgrading its systems and network. PiggyFund.com will use commercially reasonable efforts to notify you of pending maintenance however at no time is under any obligation to inform you of such maintenance.
Termination of Service: The contents will be deleted and will require then current encoding and upload charges to reinstate the material. PiggyFund.com reserves the right to terminate any customer and any and all services for any reason. A waiver of this or any other provision by PiggyFund.com does not constitute a continuing waiver or a waiver of any other of PiggyFund.com rights at law or in equity.
Forums: PiggyFund.com forums shall post opinion only, and defamatory material may not be posted.
Force Majeure: PiggyFund.com is excused from any failure or delay in performance of responsibilities otherwise imposed by this Agreement for any cause beyond its reasonable control. Such causes shall include without limitation fires, floods, storms, earthquakes, civil disturbances, disruption of telecommunications, transportation, utilities or necessary supplies, governmental action, computer viruses and incompatible or defective equipment, software or services not supplied by PiggyFund.com. Nothing herein enlarges any warranty or diminishes any disclaimer provided above.
Confidentiality and Trade Secrets: a) Confidentiality: Each party hereby acknowledges that it may be exposed to confidential and proprietary information belonging to the other party or relating to its affairs. Confidential Information does not include (i) information already known or independently developed by the recipient; (ii) information in the public domain through no wrongful act of the party, or (iii) information received by a party from a third party who was free to disclose it. Each party agrees that it shall not use, commercialize or disclose the other party's Confidential Information except in performing its obligations under this Agreement. Each party shall use the same degree of care in safeguarding the other party's Confidential Information as it uses in safeguarding its own Confidential Information, but in no event shall it use less than due diligence and care. Neither party shall alter or remove from any Confidential Information of the other party any proprietary, copyright, trademark or trade secret legend. b) Trade Secrets: PiggyFund.com represents that its hardware and software configurations are trade secrets. Member shall not access internal components of hardware; source codes or object codes of software or any other internal hardware or software configurations by either direct means or by means of any process of reverse engineering. Member agrees that by failing to comply with this provision, it shall be assessed a penalty of not less than ,000.00. By assessing this penalty PiggyFund.com does not waive its right to use any other legal remedy available to them including the remedies set forth in the California Uniform Trade Secrets Act.
Limitation of Liabilities: The following provisions are a material condition of this Agreement and reflect a fair allocation of risk: a) Remedies. Member agrees that if PiggyFund.com violates any warranty or other provision of this Agreement, and PiggyFund.com determines that repair or other corrective action is not economically or technically feasible, Member's sole and exclusive remedy will be to seek a refund of up to the amount paid by Member to PiggyFund.com for services rendered hereunder during the previous one (1) month, if any. b) Liabilities. PIGGYFUND.COM IS NOT LIABLE FOR ANY AMOUNT EXCEEDING THE PRICE PAID BY MEMBER, IF ANY, FOR SERVICES HEREUNDER DURING THE ONE (1) MONTH PRECEDING THE EVENT GIVING RISE TO ANY CLAIM.
Disputes, Choice of Law: The parties agree that all disputes shall be submitted to a single arbitrator for binding arbitration in Los Angeles, California under proceedings conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The award of the arbitrator shall be limited to remedies otherwise available in court and shall include a written explanation of the decision. The disputants shall equally share in the costs incurred by invoking the arbitration process. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF THE UNITED STATES AND CALIFORNIA FOR AGREEMENTS ENTERED INTO AND TO BE WHOLLY PERFORMED THEREIN.
Cancellation of Service by Member: Member shall have the right to terminate service at any time unless a PiggyFund.com written agreement specifies otherwise. Prior to cancellation of service, Member is responsible for removing their materials from their allotted space on PiggyFund.com servers. PiggyFund.com will not be responsible for storage and preservation of Member's materials at any time.
Notices: All notices given hereunder must be in writing and transmitted by E-mail, Fax, US Mail, return receipt requested, or special courier service (Fed Ex, UPS, etc.).
Non-Compete. Member agrees not to compete with PiggyFund.com or solicit any PiggyFund.com's employees or contractors to cease his or her existing association with PiggyFund.com, within three (3) years of the termination of Member's association with PiggyFund.com.
Acknowledgements: Member irrevocably acknowledges: that the transmission of the material was initiated by or at the direction of Member, rather than PiggyFund.com; that the transmission, routing, provision of connections, or storage is carried out through an automatic technical process without selection of the material by PiggyFund.com; that PiggyFund.com does not select the recipients of the material except as an automatic response to the request of Member; that no copy of the material made by PiggyFund.com in the course of such intermediate or transient storage is maintained on the system or network in a manner ordinarily accessible to anyone other than anticipated recipients, and no such copy is maintained on the system or network in a manner ordinarily accessible to such anticipated recipients for a longer period than is reasonably necessary for the transmission, routing, or provision of connections; and that the material is transmitted through the system or network without modification of its content.
Miscellaneous: PiggyFund.com is available to users living in the State of California, United States of America, only. This is the entire Agreement between the parties. This Agreement supersedes all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. This Agreement may be modified or amended only by a writing signed by the party against whom enforcement is sought. Any provision hereof found by a tribunal of competent jurisdiction to be illegal or unenforceable shall be automatically conformed to the minimum requirements of law and all other provisions shall remain in full force and effect. Heading are for reference purposes only and have no substantive effect. If any of the provisions of this Agreement are determined to be unlawful or otherwise unenforceable, in whole or in part, such determination shall not affect the validity of the remainder of this Agreement, and this Agreement shall be reformed to the extent necessary to carry out its provisions to the greatest extent possible. Each party is an independent contractor in relation to the other party with respect to all matters arising under this Agreement. PiggyFund.com shall not be deemed to be in breach hereunder unless Member shall first transmit written notice to PiggyFund.com setting forth such alleged breach in detail, and PiggyFund.com shall fail to cure or commence reasonable efforts to cure such alleged breach within 30 days of its receipt of such written notice. Should any Member allege that PiggyFund.com is in breach, such Member agrees that Member's only remedy shall be an action at law for damages, and Member hereby waives the right to seek or obtain any injunction or other equitable relief, and Member shall under no circumstances have the right to interfere in any way with the development, production, exploitation, advertising or promotion of PiggyFund.com or any material posted hereunder. Any use of PiggyFund.com's services constitutes acceptance of this Agreement.
USE OF PIGGYFUND.COM INDICATES THAT MEMBER AGREES TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT AND ANY AMENDMENTS THERETO.

