PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS OF THE PENNYNIGHTS.COM AGREEMENT.  BY INDICATING BELOW THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU HAVE ENTERED INTO A LEGALLY BINDING AGREEMENT WITH PENNYNIGHTS.COM.  IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, EXIT THE AGREEMENT.

These Terms and Conditions (“Terms and Conditions” or “Agreement”) apply to all transactions made at this website.  This Agreement will take effect at the time that you click “I agree” and shall terminate (a) when either party gives its intention to terminate to the other party hereto, to PennyNights.com via the email address set forth on the Web Site or (b) upon termination of your membership.   By submitting your order though our order form, you acknowledge receipt of our Privacy Policy and agree to its terms and agree to the Terms and Conditions herein.

PennyNights.com provides this web site (“Web Site”) to you.  This Agreement is made between you and PennyNights.com, the provider of the products at this Web Site.  The Web Site, all products offered on this site, including and not limited to the membership based products known as PennyNights Vouchers (“Products”), and all text, pictures, graphics, logos, button items, images, works of authorship and other information and all revisions, modifications, and enhancements thereto (“Content”) are subject to the following Terms and Conditions which may be updated from time to time. You are expected to review the Web Site periodically to ensure familiarity with any posted notice of modification. 

YOUR ACCESS TO AND USE OF THIS WEB SITE AND THE PRODUCTS AND CONTENT PROVIDED ON THIS WEB SITE ARE SUBJECT TO THE FOLLWING TERMS AND CONDITIONS AND ALL APPLICABLE LAWS AND REGULATIONS.  PLEASE READ THESE TERMS CAREFULLY.  IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT ACCESS OR OTHERWISE USE THIS WEB SITE, THE PRODUCTS, OR ANY INFORMATION OR  CONTENT CONTAINED ON THIS WEB SITE.  YOUR ACCESS TO AND USE OF THIS WEB SITE CONSTITUTE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS AND CONDITIONS SET FORTH BELOW.

USE OF THE PRODUCTS

In  consideration of your use of the Content and Products, you agree to provide true, accurate and current information about yourself as prompted by the registration and application forms on this Web Site.  By registering in this Web Site, you certify, under penalty of perjury, that your are eighteen (18) years of age or older.  If any information you provide is untrue, inaccurate or not current, Pennynights.com, at its sole discretion, has the right to suspend or terminate your use of any Product and refuse all current or future access to the Content and use of the Products or suspend or terminate any portion thereof.  Further, you agree that PennyNights.com will not be liable to you or any third party if PennyNights.com suspends or terminates your access to the Content or Products for any reason.

Policy regarding children. 

We define children as individuals under the age of 18.  Our Web Site is not intended for the use of children and we do not intend to collect information from/about children through our Web Site.

ARBITRATION

YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND PENNYNIGHTS.COM, AND ITS PARENT, AFFILIATES, SUBSIDIARIES OR RELATED COMPANIES, INCLUDING BUT NOT LIMITED TO TORT AND CONTRACT CLAIMS, CLAIMS BASED UPON ANY FEDERAL, STATE OR LOCAL STATUTE, LAW, ORDER, ORDINANCE OR REGULATION, AND THE ISSUE OF ARBITRABILITY, SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION AT A LOCATION DETERMINED BY THE ARBITRATOR.   ANY CONTROVERY CONCERNING WHETHER A DISPUTE IS ARBITRABLE SHALL BE DETERMINED BY THE ARBITRATOR AND NOT BY THE COURT.   JUDGMENT UPON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED BY ANY STATE OR FEDERAL COURT HAVING JURISDICTION THEREOF.  THIS ARBITRATION CONTRACT IS MADE PURSUANT TO A TRANSACTION IN INTERSTATE COMMERCE AND ITS INTERPRETATION, APPLICATION, ENFORCEMENT AND PROCEEDINGS HEREUNDER SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (“FAA”).  NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CONSUMERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.  THE PARTIES VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL.

MODIFICATION OF PRODUCTS

PennyNights.com may, at its discretion, modify or discontinue any of the Products or Content or a portion thereof, with or without notice.  You agree that PennyNights.com will not be liable to you or any third party for any modification or discontinuance of any of the Products or Content.

NOTICE  OF PROSECUTION

Access to and use of password protected and/or secure areas of the Web Site is restricted to authorized users only.  Unauthorized individuals attempting to access these areas of the Web Site may be subject to prosecution.

DISCLAIMERS

PennyNights.com is not responsible for any overdraft/over-the-limit charges or bank fees if your account contains insufficient funds when your membership fee is processed and billed.

We recommend using Paypal or a credit card rather than a debit card.  Cancelling too close to your renewal date may cause a processing delay and a charge to your account.  If you are eligible for a refund, refunds can take 7-10 business days to be processed. 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE, THE PRODUCTS, AND CONTENT IS AT YOUR SOLE RISK.  ALL PRODUCTS, CONTENT AND/OR TOOLS ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS.  PENNYNIGHTS.COM  AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, GUARANTEES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABLITY, FITNESS FOR A PARTICLUAR PURPOSE, TITLE OR NONINFRINGMENET.   PENNYNIGHTS.COM AND ITS SUPPLIERS MAKE NO WARRANTY THAT (a) THE PRODUCTS AND CONTENT ARE ERROR-FREE; AND (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR CONTENT WILL BE RELIABLE. 

PROMOTION CODES

If you are using a promotion code to obtain a membership to PennyNights.com, you are restricted to a one-time use of such promotion code.  Any subsequent use of the promotion code will result in immediate termination of any associated memberships without notice in accordance with the termination provision(s) in the section entitled “Use of the Products”, found herein. 

If you are receiving a complimentary membership to PennyNights.com, your membership is effective for the period disclosed to you when you received your promotional code.  Should you choose to discontinue your membership for any reason before the expiration of the then applicable  membership term for which you are entitled, you may cancel your membership by emailing us at billing@pennynights.com.  Please be aware that if, at the end of your promotional membership, you decide to continue your membership you will be automatically charged, at the then current rate, to the credit card or other billing source authorized by you, until you cancel your membership.  Should you choose to discontinue your membership for any reason before the expiration of the then applicable membership term for which you have paid, you may cancel your membership and terminate any further billing by emailing us at billing@pennynights.com.  PennyNights.com reserves the right to change the membership fee for any renewal term to be effective upon the renewal of your membership. 

LIMITATION ON LIABILITY

YOU UNDERSTAND AND AGREE THAT PENNYNIGHTS.COM AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM OR IN ANY WAY CONNECTED TO YOUR ACCES TO, USE, OR INABILITY TO USE THE WEB SITE, PRODUCTS, MEMBERSHIP BENEFITS, OR CONTENT, OR FROM YOUR ACCESS TO, USE, INABILITY TO USE, OR RELIANCE UPON ANY LINKED WEBSITE, EVEN IF PENNYNIGHTS.COM OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.  SOME JURISDICTIONS EITHER DO NOT ALLOW OR PLACE RESTRICTION UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS; FOR THESE JURISDICTIONS, THE AFOREMENTIONED LIMITATION ON LIABILITY SHALL BE TO THE MAXIMUM DEGREE PERMITTED BY APPLICABLE LAW.  IF, NOTWITHSTANG THE ABOVE, LIABILITY IS IMPOSED UPON PENNYNIGHTS.COM, THEN YOU AGREE THAT PENNYNIGHTS.COM TOTAL LIABILITY FOR ANY OR ALL OF YOUR LOSSES OR INJURIES FROM PENNYNIGHTS.COM ACTS OR OMISSIONS, REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE CLAIM, SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO PENNYNIGHTS.COM FOR THE PRODUCT(S) YOU PURCHASED FROM PENNYNIGHTS.COM.  ANY CLAIM FOR DAMAGES IN EXCESS THEREOF BEING HEREBY WAIVED BY YOU. 

INDEMNITY

You agree to indemnify and hold PennyNights.com, and its parent, and their  respective subsidiaries, affiliates, officer, directors, agents, and employees, harmless form any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this agreement or the documents it incorporates by reference, or your violation of any Federal, State or Local law or the rights of a third party.

LEGAL COMPLIANCE

You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of PennyNights.com’s Web Site and any related services and your purchase of Products. 

POLICY REGARDING CHILDREN. 

We define children as individuals under the age of 18.  Our Web Site is not intended for the use of children and we do not intend to collection information from/about children through our Web Site.

INTELLECTUAL PROPERTY

You acknowledge and agree that (a) all Content is the copyrighted work of PennyNights.com or its third party content suppliers and is protected by copyright laws, (b) Pennynights.com name, the domain www.pennynights.com, www.pennycocktails.com, the Pennynights.com logo, all page headers, custom graphics, and button icons are service marks, trademarks and/or trade dress of PennyNights.com (collectively, “Marks”), and (c) all other trademarks, product names, company names or logos on the Web Site are the property of their respective owners.  In addition to agreeing to comply with all applicable laws, you agree you will not use any such Content or Marks from this Web Site for any purpose without the appropriate prior written authorization.

PRODUCT-SPECIFIC TERMS AND CONDITIONS

The terms explained below are product specific and apply to the particular product indicated in addition to the Terms and Conditions listed above

Registering for any Product:  To enroll in a monthly PennyNights.com Voucher Program Product you must complete an online registration form, which includes an address within the United States or Canada, and you agree to be bound by these Terms and Conditions.  You must provide valid billing information.  We will then evaluate your complete registration information. 

Your membership in PennyNights.com is effective for the period covered by your membership fee and continues upon your payment of the monthly renewal fee.  Renewal fees for your membership will be automatically be charged, at the then current rate, to the credit card or other billing source authorized by you, until you cancel your membership.  Should you choose to discontinue your membership for any reason before the expiration of the then applicable membership term for which you have paid, you may cancel your membership and terminate any further billing by emailing us at billing@pennynights.com.  PennyNights.com reserves the right to change the membership fee for any renewal term to be effective upon the renewal of your membership. 

PennyNights.com  Drink Voucher (“Cocktail Voucher”)

You understand and agree that we provide a Cocktail Voucher.  We give you access to the Web Site and, if you are over 21 years of age, enable you to download one Cocktail Voucher, per member, per day, for use at participating establishments.  We are not a restaurant, bar or licensed alcoholic beverage retailer, distributor and/or seller.  It is your responsibility to provide, current valid identification and proof of legal age to the establishment honoring the Cocktail Voucher.  It is your responsibility to follow all applicable Federal, State and Local laws regarding alcohol consumption and operating a motor vehicle while under the influence of alcohol.  NEVER DRINK AND DRIVE!!

PennyNights.com  Appetizer/Food/Non-Alcoholic Beverage Voucher (“PennyNights  Voucher”)

You understand and agree that we provide a PennyNights Voucher.  We give you access to the Web Site and, if you are over 18 years of age, enable you to download one PennyNights Voucher, per member, per day for use at participating establishments.  We are not a restaurant. 

GENERAL PROVISIONS

Governing Law

These Terms and Conditions are governed by the laws of California without regard to conflict of law provisions with the exception of the Arbitration provision, which shall be governed by the Federal Arbitration Act.  You hereby consent to the exclusive jurisdiction of the courts of the State of California.  Venue shall be in Orange County, California.  THE PARTIES HEREBY CONSENT TO SUCH EXCLUSIVE JURISDICTION AND IRREVOCABLY WAIVE AND SHALL NOT ASSERT ANY DEFENSES BASED ON LACK OF IN PERSONAM JURISDICTON, IMPROPER VENUE OR INCONVENIENT FORUM.

Entire Agreement

These Terms and Conditions, the Privacy Policy, and other policies PennyNights.com post constitute the entire Agreement between PennyNights.com and you in connection with your use of this Web Site, the Products, and the Content, and supersede any prior version of the Terms and Conditions, if applicable.  Pennynights.com may update these Terms and Conditions from time to time by posting revised Terms and Conditions on this Web Site, without notice to you, and your subsequent use of the Web Site is governed by those new Terms and Conditions.  The Terms and Conditions are effective until terminated by PennyNights.com.  In the event of termination the Intellectual Property, Disclaimers, Limitations of Liabilities, and Governing Law Provisions set forth in these Terms and Conditions will survive.  In the event of a conflict between any other notice, policy, disclaimer or other term contained in this Web Site, these Terms and Conditions will control.  If any provision is deemed to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions.  The section headings are for convenience only and do not have any force or effect.