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Penny Peek™ Terms of Service

1. General

Penny Peek™ welcomes you to the community. All services are provided to you, AS IS, and are subject to the following General Terms and Conditions of Service ("Terms"), which may be updated by us from time to time. You can review the most current version of the Terms at any time at: www.pennypeek.com/terms. The Terms contained herein should be read by you (the "User", "Users", "You" or "Your") prior to your use of any of the Penny Peek™ services. Please note, that the Terms constitute a legally binding agreement between you and Penny Peek, LLC (collectively the "Website") and shall govern all aspects of the services and the relationship between you and Penny Peek™.

Without limitation, and for clarity, the Terms shall apply and govern the relationship between Penny Peek™ ("Penny Peek™"), its Internet platforms at www.pennypeek.com and you ("You", "User", “Member”, "Users", "Peeker", "Successful Peeker", "Seller" or "Purchaser"). By using the Website, and/or clicking the "I Agree" button, You accept the Terms, as well as the manner in which the Website operates, as described on the Website. Furthermore, please review our privacy policy and all other policies, procedures, descriptions, rules and regulations found by accessing www.PennyPeek.com or any sub –page thereof, which are hereby incorporated into the Terms by reference.


2. Acceptance of Terms

From time to time, you may be required to accept the Terms by clicking a checkbox or other method, as indicated; however, by using the website, making use of any of the services, which services include but are not limited to, any interaction whatsoever, with the Penny Peek™ Brand, website or any of the affiliated companies or partners (the "Services"), creating and registering an account (the "Account") with PennyPeek.com, you also further acknowledge that you understand and accept the Terms contained herein, as modified or as changed from time to time.


3. Eligibility / Registration / Disqualification

Eligibility:

By placing a Peek on the Website, the User declares that they have the legal capacity to enter into a binding contract. It is Penny Peek™'s policy to conduct all of the auctions in a fair and impartial manner. Employees and immediate family of employees of Penny Peek™ are not eligible to participate in the Website auctions.

Penny Peek™'s products and services are offered exclusively to private users and not to commercial or partly-commercial resellers, unless authorized by Penny Peek™ or provided to users as an added benefit by Penny Peek™ or an affiliated party, partner or supplier. Penny Peek™ reserves the right to exclude anyone it has reason to believe is a commercial reseller without authorization, or who is not using the Services for the Services stated or designed purposes, from participation in auctions and may close the user accounts at any time.

Registration:

Any Individual may only register one account and registration, using Post Office Boxes or equivalents is not permitted. Your account will give you access and be used for your experience to the Penny Peek Services.

During the registration process, User must choose a username. The username should be appropriate. The username MUST NOT be abusive, offensive, deceptive, misleading, obscene, offend common decency, be in anyway deceiving, in the opinion of Penny Peek™ be used to influence or manipulate auctions, sales, interfere with retail listings or infringe the intellectual property rights of third parties. If Penny Peek™ receives credible information that a username is illegal or in breach of any of these Terms, Penny Peek™ reserves the unfettered right to replace this username without prior notice or consent from you. Without limitation, where Penny Peek™ deems you to be using your account for anything outside the stated purposes or in violation of these Terms, Penny Peek™ is authorized to close the account and take any remedial actions that are deemed necessary.

During the registration process, User must also choose a corresponding user password, which shall, at all times, be kept secret and confidential by the User. User accounts created during registration are non-transferable or assignable. The User account may be used only by the User and not by anyone else. For clarity purposes, the User is wholly responsible for his/her password protection and shall be liable for all activities that are undertaken using the User account together with the associated password.

Disqualification:

In the event of any abuse or unauthorized use of the User account, due to actions or omissions of the User, which are in breach of these Terms or to the detriment of Penny Peek™, Penny Peek™ shall reserve the right, at its sole discretion, to temporarily or permanently disqualify the user, disable its account and, if appropriate, report to the relevant authorities. Examples of such unauthorized usage include, but are not limited, to non-payment of Peeks, use of unauthorized third-party software, the creation of multiple user accounts by the same individual or household, any attempt to manipulate the auctions or the proper functioning of the Website, and/or any dishonest, deceptive or unfair behavior in connection with the Website, Penny Peek™ or any social media platform or community group associated with, or in connection with Penny Peek™ or the penny auction community.

In the event of a breach of these Terms, Penny Peek™ reserves the right, amongst other remedies, to withhold deliveries or refunds for Peeks. Furthermore, Penny Peek™ reserves the right, at its sole discretion, to limit the number of auctions a User may participate in or may revoke any of User's successfully finished auctions, or take any of the measures available and described in these Terms.

Without limitation, it shall be a breach of these Terms if User provides any information that is false, inaccurate or misleading, and/where the User engages in any unlawful activity in connection with the Website, and/or where the User creates or attempts to create interference with the proper working of the Website, and/or where the User behaves in a manner that is unfair, unethical, uncivil or deemed to be the same by Penny Peek™ at its sole and unfettered discretion.


4. Fraudulent Behavior

Without limitation, Penny Peek™ reserves the unfettered right to determine what constitutes "Fraudulent Behavior." Where Penny Peek™ determines or deems that you have conducted yourself in a manner that constitutes "Fraudulent Behavior," including but not limited to instances where you have engaged in or intend to engage in fraudulent, dishonest, illegal, or improper activities while using the website, Penny Peek™, at its sole discretion shall be entitled to take any action necessary, including but not limited to blocking and/or restricting your access to the Website, terminating your Account, revoking any and all promotions, product and/or award that has been promised to you, and/or taking any and all necessary legal proceedings against you or any other related party.


5. Prohibited Use

Without limitation, Penny Peek™ reserves the unfettered right to determine what constitutes "Prohibited Use." Penny Peek™ grants you access to the Website and is committed to maintaining an integral community for all its Users. You are strictly prohibited from using any third party External Assistance Software Programs that are not permitted by Penny Peek™, which can include but is not limited to Bots, and/or data mining and/or any form of analytical tools in connection with the Website. In addition, you shall not collude with any other User, or individual on the Website, while participating in an Auction or using any of the services or accessing the Penny Peek Store as either a buyer or a seller; nor shall you behave, whether on the Penny Peek™ website or by using any other communication medium whatsoever, in a manner that is unfair or dishonest or meant to influence or manipulate any aspect of the website or broader community to the detriment of other users or the Website; nor shall you utilize Peeking behavior that Penny Peek™ determines to be unfair, dishonest or manipulating; nor shall you utilize or control, at any time, more than one (1) User Account while accessing the Website. Where you engage in any of the activities described in this section and/or Penny Peek™ at its discretion determines that your behavior constitutes "prohibited use" Penny Peek™ shall be entitled to subject you and/or your account to any of the remedies or actions described in section 3 of these Terms.

You are also prohibited from accessing the Services where they are prohibited by law, and any use will be VOID WHERE PROHIBITED BY LAW. Penny Peek™ is not able to verify the legality of the Services it provides in every jurisdiction and as such it is your sole responsibility to ensure compliance with the applicable regulations of the jurisdiction you are physically located in, while accessing the Services. You acknowledge that Penny Peek™ is not always able to determine where the Services it provides are being accessed from and you are required to have made a reasonable inquiry into the legality of your use of the Services and shall indemnify Penny Peek™ and bear any losses incurred by Penny Peek™  as a result of your use of these services. You warrant to Penny Peek that you are permitted by law to participate in online auctions from your then jurisdiction. You shall only use the Services provided by Penny Peek™ if you are at least of the age of majority in the jurisdiction where you are physically located while accessing the Services, and you are not less than 18 years old.


6. Purchasing Peeks / Promo Peeks

All Peeks ("Peeks") must be paid for by Users prior to online peeking. Peeks can be purchased in packages ("Peek Packs") at the prices indicated at the time of purchase. Details can be found at "My Account" under the "Buy Peeks" tab. Unexpired Peeks, from a Peek Pack, promotional Peeks, Peeks transferred from another site or otherwise are always NON-REFUNDABLE. Certain Peeks (e.g. some "Promo Peeks") are valid only for a limited time. Upon expiration of the time stated, the Peeks expire and NO REFUND WILL BE AVAILABLE.

Payments can be made by credit or via payment agents such as PayPal or any other mechanism provided by the Website. Should a payment not be honored by a User, a returned payment fee will be charged to the User.


7. How to Place a Peek

Users can Peek in two ways in connection with the Website. Peeks can be placed by physically clicking on the Peek buttons, or can be placed automatically using the AUTOPEEK application. Once a Peek is placed, it is deducted from the User's Peek account.

The AUTOPEEK allows Peeking on an auction even if the User is not online at that time. The AUTOPEEK automatically submits Peeks according to the specifications set in advance by the User. More information on how the AUTOPEEK operates is available in the "Help Section" section of the Website. The User is, at all times, strictly prohibited from using third party software or tools not authorized by Penny Peek™, this includes but is not limited to, use of any Peek placing software, analytical software, or data mining software or tools. Doing so will constitute a breach of these Terms subjecting the user to immediate disqualification and any of the actions described in s.3 and s.4 of these Terms.


8. How Peek Auctions Work

With each Peek placed the price of the item on which the User is peeking decreases by the amount designated on the Website by Penny Peek™. Generally, each new Peek placed lowers the price of the item. The auction awards when the price until next win reaches zero. The user who was the last to Peek is declared the "Successful Peeker". All other Peeks on the item expire and, as indicated, are non-refundable. The last Peeker is determined according to the records in Penny Peek™'s database. Penny Peek™'s determination of the last Peeker shall be absolute and final in all cases.

In some Auctions, only where indicated, several Peekers will be awarded the item during the auction. These auctions will blatantly display the number of winners in the description of the item, which can be up to 10 winners of a single auction.  Items will be awarded when the price until next win drops to zero. If there are multiple possible winners of an auction, the price until next win will jump up after a win occurs, to the next price until win. If a win is awarded to a member when he/she peeks, the member has 72 hours to claim the win, otherwise the win is forfeited. If the member chooses not to pay the remaining balance of the item, the win is forfeited. A user cannot win more than 1 item in any given auction. Unless otherwise indicated in the auction description, an auction will only award 1 item to 1 winner.

9. How Discount Auctions Work

Discount Auctions are auctions that begin at retail price and the price drops with each member’s Peek, similar to the Peek auctions. However, unlike Peek Auctions, Discount Auction items can be purchased at any time at their current price. The price of a Discount Auction is obscured when you first visit the item. Use a Peek to discover the current price of that item. If a member likes the current price of an item, simply click the “Purchase Now” button to complete the purchase process and end the auction. The first member to complete a purchase of a Discount Auction item wins that items at its current price, and the auction ends.


10. Successful Peeks and Payment

If you are deemed a winner of an auction, you will see a “claim your Win” button on the auction, or you (the "Purchaser") must go to "My Wins", located in "My Account" or another webpage if so indicated. Here, information on total price (including any additional shipping costs, taxes, etc.) and payment options will be displayed. You must actively confirm by clicking on the button marked CLAIM NOW, and pay the total price for the successful Peek by following the steps indicated on that page or elsewhere if indicated. After confirming that you are the Winner and paying the amount due, you will receive a confirmation e-mail from Penny Peek™. Subsequently the item will be delivered to the successful Peeker.

If an auction has not been confirmed by the successful Peeker and paid within 72 hours, or (3) days, of the auction win time, Penny Peek™ reserves the right to withdraw the offer to conclude a contract. If Penny Peek™ withdraws the offer, the winner's right to pay for and receive delivery of an item will be permanently revoked. In this instance and every other, the Peeks placed in an auction are non-refundable.

Should a user use Peeks in an auction that have not been fully paid for, any payments subsequently received by Penny Peek™ will be applied to cover payment for such Peeks prior to being applied against any new Peeks purchased. Penny Peek™ reserves the right to retain the item purchased at auction until all Peeks and the total price have been paid for in full. Penny Peek™ reserves the right to charge the successful Peeker reasonable storage charges for items not paid for. A receipt containing the auction price, shipping costs and taxes, if applicable, will be sent to the User by Penny Peek™ once delivery has been arranged.

Buy It Now:

Using the Buy It Now feature allows you to buy back items you have Peeked at within 24 hours of auction end. Upon completing the purchase of a Buy It Now item, all peeks used during the item's auction will be credited back to your account. Shipping and handling is an additional charge on Buy It Now items.

Publicity:

Penny Peek™ reserves the right to publish the name, region and photograph of any successful Peeker, User or buyer. This rule is one of the conditions of participating on the Website in all its capacities, which allows Penny Peek™ to provide the public with proof of the fact that Users who have successfully peeked on the Auctions and or purchased or sold items are in fact genuine. This constitutes a fundamental transparency issue. As a User of the Website or successful Peeker of a major auction, you may be asked, depending on advertising needs, to take part in a photo session and a brief interview about the circumstances surrounding your successful Peek.

11. Cancellations

The user may return the item in an un-depreciated condition within 2 weeks of receipt if not satisfied for any reason. Upon verification of the product's condition, Penny Peek, LLC will refund the purchase price of the product. Penny Peek, LLC will not refund the value of the Peeks spent to obtain the product. In the event that a user wishes to return a Buy it Now order the user must also return all the Free Peeks given to them alongside the purchase. Once both the item and the Peeks have been returned  a refund be given. Only Peeks that have been acquired by purchasing Peek Pack 50 shall have a right for refund within 30 days of purchase. Peeks obtained during the Buy it Now process do not have any rights to refund. Penny Peek, LLC also grants to the user ordering products for personal purposes the right to cancel in accordance with statutory provisions on mail order sales and e-commerce. The right to cancel does not exist in the case of mail order sales and e-commerce contracts for the delivery of audio and video recordings or of software, if and to the extent that the seal on the delivered media has been broken by the user, although this does not affect the user's other rights.

If a successful Peeker wishes to cancel the contract within the fourteen (14) day period, they must inform Penny Peek™ in writing (by letter or email). The successful Peeker must retain proof that the writing was transmitted within such 14 days. Cancellations by phone will not be accepted.

The following contact details must be used:

Penny Peek™ Auctions

Penny Peek, LLC

PO Box 243

Tomball, TX 77377

info@pennypeek.com

In order to complete cancellation, a purchaser must return the product or products in good merchantable condition, as might be expected of any new product. The cost of postage for delivery by mail or the cost of other delivery methods for the return of a product will be paid by the User (unless the goods he/she received were found to be faulty). If the User is unable to return the service or product received or is only able to return it in part or only in a depreciated condition, the User will have to pay compensation to Penny Peek™ [the amount refundable will be reduced proportionally].

Should Penny Peek™ incur costs because the User has not included sufficient postage or other carrier or transport costs paid by the Purchaser for the return were not sufficient, these costs will be deducted from any payment remitted to the User.


12. Delivery/Shipping

Unless otherwise stated, delivery will be made directly from our suppliers or from our warehouse to the address provided by the User. Deliveries are made solely within the continental United States of America. Generally all shipping prices indicated on the site are specific to the populous states in America, however, where delivery is required across certain borders or jurisdictions this could give rise to additional shipping costs, such as duty or custom charges or any other additional shipping charge ("Additional Shipping Costs"), all such Additional Shipping Costs shall be at the sole expense of the User and Penny Peek is not responsible for such Additional Shipping Costs.

Unless otherwise indicated, shipping is free on standard auction items delivered to the continental United States, won in both Peek Auctions and Discount Auctions. Buy It Now purchases do not include shipping costs, which will be added to the item during checkout. Additional shipping costs may apply to ANY item delivered outside the continental United States.

Delivery times vary and any delivery time indicated is provided only as a guide and is not guaranteed. Penny Peek™ shall make reasonable best efforts to deliver any products within the time period indicated, however, due to unforeseen circumstances outside of Penny Peek™'s control certain delays may apply. Penny Peek™ shall be entitled to engage third parties to satisfy its contractual obligations without being required to notify the buyer. Obvious damage to the item or packaging during transport shall be reported to Penny Peek™ by the Purchaser upon taking delivery.

Should Penny Peek™ not be able to deliver the item ordered, Penny Peek™ shall promptly notify the Purchaser if it can deliver a comparable substitute product which is of equal or greater value. The Purchaser shall then promptly notify Penny Peek™ of his/her wishes to receive this substitute or if he/she prefers to receive a refund of the final auction end price or purchase price of the item.


13. Compensation for Defects

Where there is a defect in the product received and the Purchaser wishes to retain the product and receive compensation from Penny Peek™ for the reduction in value arising from the defect, the Purchaser must provide Penny Peek™ with reasonably sufficient evidence of the defect and the reduction in value. Accordingly, minor defects will occasion a minor compensation to the Purchaser by Penny Peek™. The Purchaser must make such claim within the fourteen (14) day period set out above in section 11 of these Terms and according to the same conditions.


14. Promotions

All promotions run by Penny Peek™ shall only be valid if they are announced on the Website or in its corresponding email newsletter, and only in a manner consistent with the prescribed terms contained within such corresponding emails or newsletters, and only for the limited time announced therein. All promotion material, rules, policies and procedures and any content therein, are hereby incorporated in to these Terms by reference.


15. Help Section, Suggestions and FAQs

Without limitation, all Peeking advice or other advice including but not limited to "Help Section", "Suggestions" or any other written or oral correspondence made accessible to the User by Penny Peek™, shall not be relied upon by the User for any other purpose. For the purposes of clarity and avoidance of any doubt, Penny Peek™ is not responsible for any action or direction taken by a User or any other person who has read and relied on any of the said correspondence. You the User shall, at all times, remain solely responsible for your own Peeking, selling and purchasing practices in connection with the Website. Placing Peeks on the Website can incur costs and you are not promised any degree of success in participating in such auctions, furthermore all such costs are the responsibility of the User and should be monitored by User.


16. Disclaimer of Warranty and Limitation of Liability regarding the Use of the Website.

USER EXPRESSLY AGREES THAT USE OF THE WEBSITE IS AT USER'S SOLE RISK. NEITHER PENNY PEEK™, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, PARTNER COMPANIES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE WEBSITE.

THE WEBSITE IS PROVIDED ON AN "AS IS" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PENNY PEEK™ DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, PENNY PEEK™ DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE WEBSITE IS ACCURATE, COMPLETE OR CURRENT. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, SERVER FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT PENNY PEEK™ IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.

IN NO EVENT WILL PENNY PEEK™, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT AND SERVICES PROVIDED IN CONNECTION WITH THE WEBSITE.

IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER PENNY PEEK™, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED IN THE WEBSITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER PENNY PEEK™, ITS AFFILIATES, INFORMATION PROVIDERS NOR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. IN ADDITION THERETO, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION. USER FURTHER ACKNOWLEDGES THAT THEIR USE OF THE SERVICES ARE LEGAL IN THE JURISDICTION THAT THEY ARE ACCESSING THE SERVICES FROM AND AGREES TO INDEMNIFY PENNY PEEK™ FOR ANY LOSSES RESULTING FROM A COURT DETERMINATION THAT THEIR USE OF THE WEBSITE IS ILLEGAL OR IN VIOLATION OF ANY STATUTE, LAW or COMMON LAW.


17. No Warranty

All new products are sold with the manufacturer's limited warranty only. Penny Peek™ warrants solely that the products sold to User under these Terms shall have the characteristics specified in the Website's specifications for such products as set forth in the description of each auction and assumes no further warranties. The warranty period and service varies by manufacturer and product. The full text of any such warranty is available, free of charge, upon written request mailed to Penny Peek™. Warranty is excluded with respect to any products, which are used products and Peek Packs.

Penny Peek™ shall not be liable for personal injury and property damage resulting from the improper handling, modification or misuse of the products purchased by the Purchaser or any other person following delivery by Penny Peek™. In no event shall Penny Peek™ be liable to any person for incidental or consequential damages relating to the products, including but not limited to loss of profits or goodwill, loss-of-use damages or additional expenses incurred, whether pursuant to a claim in contract, tort or otherwise and whether in an action for breach of warranty or otherwise.


18. System Outage / Temporarily Halted Auctions/ Inactive Accounts

A system outage has occurred if no Peeks can be submitted for items due to an unforeseeable disruption in a system. In such a case, auctions will be temporarily halted and the current peeking price and the current last Peeker will be maintained. After the disruption has been resolved, the auctions will be continued. The Website shall indicate when an auction has been temporarily halted. Users who were peeking in auctions which were temporarily halted shall not have a right to a refund for Peeks used or other costs incurred.

With the currently available technology, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) without errors, or to rule out any unpredictable events in connection with the internet (hereinafter referred to collectively as "technical faults"). Penny Peek™, therefore, provides no guarantee of the uninterrupted availability of the Website and technical systems and is providing you the services AS IS.

If you do not access your Account by logging onto the Penny Peek™ servers and using the Services offered by Penny Peek™ for any consecutive period of 365 days (one year), your Account will be deemed inactive and/or dormant, and may be deemed abandoned. In order to log in and utilize your account you will have to reactivate the account by contacting Penny Peek™ customer service. All Peeks and Peek Packs and all other credits and deposits associated with an inactive or dormant account or abandoned account shall be forfeited and no refund shall be given.

19. Claims by Users

Penny Peek™, in good faith, shall make every effort to bring disputes that may arise to a fair and reasonable conclusion. Penny Peek™ expects the same from Users. If a User does not make an attempt to resolve a dispute before initiating a claim procedure, then the User account may be deactivated immediately. If you have any questions regarding an invoice, receipt or a payment made, please contact the Website Customer Service by sending an e-mail to info@PennyPeek.com.



20. Intellectual Property, Trademarks and Copyrights

The mark PennyPeek.com, Penny Peek™'s, logos and design marks are trademarks of Penny Peek™, or one of its subsidiaries or affiliates. All rights with respect to those marks are reserved. All other trademarks appearing on the Website are the property of their respective owners. Penny Peek™ claims copyrights in all content of this site and promotional materials. In addition to the foregoing, Penny Peek™ does rely on some third party product and content providers, vendors, suppliers, designers, contractors, distributors, merchants, sponsors, agencies, creative and otherwise, (collectively, "Affiliates") who do supply some of the content on the site and the same may at times help ship or drop ship items purchased. Consequently, if you believe that some content on the site or connected with it is in violation of a copyrights, trademarks, trade dress or other proprietary or intellectual property rights please send us the information required to properly investigate in accordance with the Digital Millennium Copyright Act.


21. Service and Support for Products Purchased

All requests for technical service and support relating to products purchased on the Website should be made directly to the manufacturer in accordance with their warranty, terms and conditions.


22. Applicable Law / Severability Clause

These Terms and your use of the website shall be governed by the laws of The United States and the laws of the State of Texas without regard to conflicts of laws principles. Any legal action or proceeding related to this website shall be brought exclusively in a Texas State District Court in Harris County Texas or, if the claim is within the jurisdiction of the Justice of the Peace Courts the claim may be brought in a Justice of the Peace Court in Harris County Texas in the Precinct in which the offices of Penny Peek™ are located.

The UN Convention on the International Sale of Goods shall not apply. In the event that a provision of this Agreement is found by an authority of competent jurisdiction to be invalid or unenforceable in any jurisdiction, that finding shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof.


23. Protection of Data

The protection of your data is very important to us.

For more information on the collection, processing, and use of personal data, please read our Privacy Policy, which is incorporated herein, by reference.


24. External Links

Our Website may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. The operators of the sites linked to and from this site are solely responsible for their content. We hereby expressly distance ourselves from all content of any and all websites linked to the Penny Peek™ Website which are not directly controlled by Penny Peek™. Penny Peek™  shall not be held liable by the User for the content of, or the data protection and privacy practices of third-party websites.


25. General

This Agreement between Penny Peek™ and User is binding on the parties and on their respective successors and assigns. The User may not transfer, assign, charge or otherwise dispose of any contract formed under these Terms or any of their rights or obligations related thereto, without Penny Peek™'s prior written consent.

Penny Peek™ has the right to revise and amend these Terms from time to time in its absolute discretion, including but not limited in response to changes in market conditions affecting Penny Peek™'s business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in Penny Peek™'s system capabilities.

All Users will be subject to the policies and terms and conditions in force at the time that they have successfully Peeked for items listed on the Website, unless any change to such policies or terms and conditions is required to be made by law or governmental authority, where Penny Peek™ sends information relating to delivery (in which case Penny Peek™ has the right to assume that all successful winners have accepted the changes to the terms and conditions unless notified to the contrary within 7 working days by the user of the items).

This Agreement and any operating rules for the Website established by Penny Peek™ constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

We would like to advise all users to monitor their peeking practices. Placing Peeks online at www.PennyPeek.com frequently or repeatedly can incur costs. Users should therefore pay attention to their peeking practices and check their charges regularly.

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