TERMS OF USE

Welcome to The Piggy Book website www.mypiggybook.com (the "website"). The following terms and conditions (the "Terms of Use"), together with the Privacy Policy, and the Purchase Policy, form a binding agreement (the "Agreement") between you and The Piggy Book, and the website. Please review the Terms of Use carefully. By using the website or any of The Piggy Book services, you ("you", "your", or the "user") agree to be bound by the Terms of Use, our Purchase Policy and our Privacy Policy (incorporated here by reference), which constitutes the entire binding agreement between you and The Piggy Book, and governs your use of the website and services. If you do not agree to the Terms of Use, you must immediately cease all use of the website and our services.

Services. The Piggy Book website includes an online store that offers you the ability to purchase our educational products (the "Products") produced by third party manufacturers. The Piggy Book makes the Products available for purchase on our website.  The Piggy Book also provides insight via social media and blogging, to give our customers the most informative and interactive experience as possible. 

Conditions of Use. A visitor of our website may purchase the Products subject to the Purchase Policy, Privacy Policy, these Terms of Use and the Terms of Sale provision below. Your permission to use the website is conditioned upon your compliance with the Purchase Policy, Privacy Policy, these Terms of Use, and your agreement that:

--You are an individual person at least eighteen (18) years of age;

--You possess the legal authority to create a binding legal obligation;

--You will not copy or distribute any part of the website or our Products in any medium without The Piggy Book's prior written consent;

--Your use of the website will at all times comply with these Terms of Use;

--The information you submit to the website is only about yourself, and all such information is accurate, true, current and complete to the best of your knowledge.

Availability of the Website. You understand that there may be interruptions in our Services from time to time due to events that are both within and beyond our control. We use reasonable efforts to keep the website accessible. However, the website may become unavailable from time to time and for any reason including, without limitation, routine maintenance. You acknowledge that due to circumstances both within and beyond our control, access to the website may be interrupted, suspended, or terminated. The Piggy Book retains the right at our sole discretion to deny Services, or access to the website to anyone or to a particular visitor, at any time and for any reason. The Piggy Book is not responsible for any injury, loss,  damages, claims, or liabilities arising out of your inability to access the website at any given time.

Ownership of the Website. The information on this website and the infrastructure used to provide it, is proprietary to us, and there may be propriety information of third party manufacturers whose Products are available for purchase on our website. All content, organization, graphics, design, and other matters related to the website are protected under applicable copyrights, trademarks and other proprietary laws, including but not limited to all intellectual property laws. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, or content obtained from or through the website.

Grant of License - Submissions. The Piggy Book may allow you to submit to The Piggy Book website or our Blog, comments, advice, and other information relevant to The Piggy Book products, which may be made available to other visitors of our website or blog. By sending us comments, advice, tips or any other information, you grant The Piggy Book a royalty-free, perpetual, irrevocable, non-exclusive license to use, copy, modify, reproduce, distribute, transit, display, perform, publish, and create derivative works from any information you submit in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees. Your license of the information you submit extends to use for promotions, advertising, market research or any other lawful purpose, without limitation.

Transmission of Information. Because The Piggy Book does not control the security of the Internet or other networks you use to access the website or communicate with us, we are not responsible for, the security of information that you choose to communicate with The Piggy Book and the website while it is being transmitted. The Piggy Book is not responsible for any data lost during transmission.

Prohibited Conduct on the Website. You agree that you will comply with the law, and with these Terms of Use in all of your interactions on this website. To the extent that your conduct (as judged by us in our sole discretion) restricts the Services, or restricts or inhibits any user from using or enjoying any part of the website, we may limit your privileges on the website, terminate your account, and seek other available remedies. THE FOLLOWING ACTIVITIES ARE PROHIBITED ON THE WEBSITE AND CONSTITUTE EXPRESS VIOLATIONS OF THESE TERMS OF USE:

 --Intentionally submitting inaccurate information, committing fraud or falsifying information in connection with your account or in order to create multiple accounts;

 --Attempting to or accessing data not intended for you, through means like logging into a server or an account which you are not authorized to access;

--Attempting to scan or test the security or configuration of the website, or to breach security or authentication measures;

--Tampering or interfering with the proper functioning of any part, page or area of the website and any and all Services provided by The Piggy Book;

--Attempting to or interfering with the Services provided to any user in any manner, including, without limitation, by submitting a virus to the website, or attempting to overload, "flood", "spam", "mail bomb" or "crash" the website;

--Using the website for any commercial, political or religious purpose, or to compete, directly or indirectly with The Piggy Book;

--Accessing, monitoring or copying any content or information from the website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;

--Bypassing or circumventing any measures employed to prevent or limit access to the website, including but not limited to violating the restrictions in any robot exclusion headers;

--Taking any action that places excessive demand on our Services, or that may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);

--Deep-linking to any portion of the website (including, without limitation, the purchase path for any Subscription or other Product) without our express written permission;

--Acting illegally or maliciously against the business interests or reputation of The Piggy Book.

Accounts. You may be given the opportunity to create an account on the website.  If the option to create an account is made available, you may only create and hold one account on our website, and you are solely responsible for managing it. You must safeguard your user name and password, and supervise the use of your account. You understand and agree that you are responsible for your own use and use of your account by others. Your account is for your own personal use only, and is non-transferrable and may not be sold, combined or otherwise shared with any person. Active accounts may be used to make purchases on the website only for your own use and enjoyment, or as a gift for another. We reserve the right terminate any account at any time and for any reason. If you violate these Terms of Use, you may forfeit any pending, current or future use of our Services, without limitation. If we terminate your account, you may not re-enroll or join under a new account unless we formally invite you. If you commit fraud or falsify information in connection with your use of the website or in connection with your account, your account will be terminated immediately. We reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local and national law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the website.

Terms of Sale and Product Warranty. You are solely responsible for providing The Piggy Book with accurate information so that we can correctly process any order you place through the website. Our fulfillment and shipment of any order you place on the website is conditioned upon your providing us with accurate information and upon The Piggy Book receiving full and authorized payment from you through your credit or debit card. We reserve the right to cancel any order, without notice, if we do not receive a full and authorized payment from you. The Piggy Book inspects the Products/packaging of the Products to ensure they are fit for sale and that they appear to be fresh and not tampered with. However, The Piggy Book can only inspect the aesthetics of the Products and therefore we are not responsible for any injuries, illnesses, damages, claims, liabilities and costs you may suffer, directly or indirectly, from any of your use of the Products.

Product Availability. You acknowledge and understand that some or all Products offered on the website may not be available for purchase by persons residing in certain jurisdictions or geographic areas. The Piggy Book reserves the right, in its sole discretion, to exclude or otherwise limit the sale of any Product or Subscription to a person residing in any jurisdiction or geographic area. The Piggy Book does not represent or warrant that any Product offered on the website will always be available for purchase by any particular person. If any Product is unavailable for any reason, The Piggy Book reserves the right to decide whether to make substitutions that are of equal or greater value or provide a full refund any payment received.

Product Information. The Piggy Book strives to ensure that all information regarding Products on the website is complete and reliable. However, mistakes may occur from time to time, and The Piggy Book will use reasonable efforts to correct errors on the website. Certain information related to the Products may contain pricing errors and other errors or inaccuracies which we may correct without liability. Certain information obtained from manufacturers of the Products may also contain errors or inaccuracies, and The Piggy Book reserves the right to correct these errors and inaccuracies without liability.

Risk of Loss. The Piggy Book is the seller for all Products available for purchase on the website. All purchases from the website are made pursuant to a shipment contract. Therefore, title and risk of loss for Products you order through the website will pass to you upon our delivery to the carrier.

Modification of the Terms of Use. We reserve the right at all times to discontinue or modify any part of these Terms of Use as we deem necessary or desirable. You will be notified of any changes that materially affect your use of the website or our Services, via e-mail and/or by our posting prominent notice of the change on the website. Any changes to these Terms of Use will be effected upon the earlier of our dispatch of an e-mail notice to you or our posting of notice of the changes on our website. Changes to the Terms of Use will not apply to purchases made prior to the effective date of such changes, but the changes will be effective immediately for new users of the website, and for all purchases made after the effective date of the change. It is important that you revisit our Terms of Use from time to time to ensure that you are up to date with any notifications of changes to the website and the Terms of Use. Your use of the website or our Services after any update to the website or to the Terms of Use constitutes your acceptance of the modified Terms of Use. We also reserve the right to change or discontinue any aspect of our Services or the website.

Trademarks. The Piggy Book is a trademark of www.mypiggybook.com. It, and all other marks located on the website is the exclusive property of www.mypiggybook.com unless a mark is under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of The Piggy Book unless otherwise stated.

Disclaimer. THE CONTENT, SERVICES, AND PRODUCTS FROM OR LISTED THROUGH THE WEBSITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE WEBSITE AND ANY WEBSITE WITH WHICH IT IS LINKED. THE WEBSITE MAY CONTAIN BUGS, ERRORS, OR OTHER TECHNOLOGICAL PROBLEMS OR LIMITATIONS. WE HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE WEBSITE OR OUR SERVICES. IN PARTICULAR, BUT NOT AS A LIMITATION, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF MONEY, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCTS LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE PIGGY BOOK AND YOU, THE USER. THIS WEBSITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE, OR THROUGH ANY OTHER COMMUNICATION WITH THE PIGGY BOOK, SHALL CREATE ANY WARRANTY, REPRESENTATION OR WARRANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. THE INFORMATION AND ALL OTHER MATERIALS ON THE WEBSITE ARE PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY AND DO NOT CONSTITUTE PROFESSIONAL ADVICE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION AVAILABLE ON THIS WEBSITE OR ANY WEBSITE WITH WHICH IT IS LINKED. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. NEITHER THE PIGGY BOOK NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS, WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE.

Limitation of Liability. THE PIGGY BOOK, ITS SUBSIDIARIES, AFFILIATES AND ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, SHAREHOLDERS, MEMBERS AND PARTNERS SHALL NOT BE HELD LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, THE CONTENT, STATEMENTS AND OTHER INFORMATION CONTAINED THEREIN, AND THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE WEBSITE OR THESE TERMS OF USE. IN NO EVENT WILL THE PIGGY BOOK'S LIABILITY IN CONNECTION WITH A PRODUCT OR SERVICE EXCEED THE AMOUNTS PAID FOR SUCH PRODUCTS OR SERVICES. TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OF USE SHALL NOT EXCEED THE AMOUNTS PAID BY YOU DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM, OR FIVE-HUNDRED DOLLARS, WHICHEVER IS LESS.

Arbitration Provision. The Piggy Book promises to use reasonable efforts to resolve any disagreement or dispute that you have with The Piggy Book. Your use of the website constitutes your agreement that, if those efforts should fail, any claim, dispute, or controversy you may have against The Piggy Book arising out of, relating to, or connected in any way with these Terms of Use, the Privacy Policy, the Purchase Policy, the Services, or the purchase or sale of any Products and Subscriptions, shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA ("Rules and Procedures"). You agree further that the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by you and The Piggy Book. You further acknowledge and agree that: (1) the arbitrator shall apply New Jersey law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (2) arbitration can decide only your and The Piggy Book's individual claims, and there is no authority for any claims to be arbitrated on a class or representative basis, nor shall there be authority to consolidate or join the claims of other persons or parties who may be similarly situated; and (3) with the exception of subpart (2), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (2) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor The Piggy Book shall be entitled to arbitrate a dispute.

Third Party Websites. Our website may contain links to sites maintained by third parties. These links are provided solely as a convenience to you and not  because we endorse or have an opinion about the contents of such sites. We expressly disclaim any representations regarding the content or accuracy of materials on such sites or the privacy practices of those sites. If you decide to access sites maintained by third parties, you do so at your own risk. We strongly urge that you read through all privacy policies and terms and conditions of such third party websites before submitting any information to third party websites.

Indemnification and Release. You agree to defend, indemnify and hold harmless The Piggy Book, its subsidiaries, affiliates and their respective directors, officers, members, partners, employees and agents from and against any and all claims, liabilities and expenses, including attorneys' fees, arising out of or related to any Services, purchases, or any use of the website in violation of these Terms of Use.

Termination. The Piggy Book may terminate these Terms of Use at any time and for any reason we deem to be necessary or desirable. Without limiting the foregoing, The Piggy Book shall have the right to immediately terminate or suspend your use of the website and any of your passwords or accounts, if any, in the event The Piggy Book considers, in its sole discretion, any of your conduct to be unacceptable, or in the event you breach these Terms of Use. 

Choice of Forum. You agree that any action at law or in equity arising out of or relating to these terms or The Piggy Book Services shall be filed, and that venue properly lies, only in the state or federal courts located in the State of New Jersey, County of Bergen, United States of America and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.

Choice of Law. Any and all disputes arising out of or related to these Terms of Use and/or any use by you of the website or Services shall be governed by the internal laws of the State of New Jersey, without regard to its choice of law rules and without regard to conflicts of laws principles except that the Arbitration Provision shall be governed by the Federal Arbitration Act.

Additional Disclosures. No waiver by either you or The Piggy Book of any breach or default or failure to exercise any right allowed under these Terms of Use is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under these Terms of Use. The section headings used herein are for convenience only and shall be of no legal force or effect. If a court of competent jurisdiction holds any provision of these Terms of Use invalid, such invalidity shall not affect the enforceability of any other provisions of this Terms of Use, and the remaining portions shall continue in full force and effect.

Severability. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

Survival. The provisions of these terms which by their nature should survive the termination of these terms shall survive such termination.

Waiver. No waiver of any provision of these terms or the Purchase Policy by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms or the Purchase Policy shall not constitute a waiver of such right or provision.

 

Purchase Policy

Customer satisfaction is one of our foremost priorities at The Piggy Book. By using www.mypiggybook.com (the "website"), you consent to be bound by the following conditions and terms ("Purchase Policy") regarding all orders and purchases you make on the website. This Purchase Policy, along with the Privacy Policy and Terms of Use constitutes the entire binding Agreement between you and The Piggy Book, and the website.

Shopper Safety

The Piggy Book strives to ensure the safety and security of your information during transactions. When you submit sensitive information (like a credit card number) to the website, that information is encrypted and transmitted in a secure way by Squarespace, the third party provider of our checkout services . Encryption makes it difficult for your credit card to be intercepted or stolen during transmission. You can verify the encryption by looking for a "closed lock" icon in your web browser, or looking for "https" at the beginning of the address of the web page.

While encryption significantly increases the safety and security of your information, no site can guarantee that unauthorized third parties will never be able to defeat security measures or use your information for improper purposes. It is your duty to monitor your bank account, credit card account, or any other account connected to information you submit online. The Piggy Book is not responsible for unauthorized charges made to your credit card, debit card, or other account as a result of shopping at The Piggy Book.

Your billing information (credit card number, expiration date, card verification number, etc.) may be shared with Squarespace, (our "Service Partner") for the sole purpose of processing your orders and authorizing credit card payments. Our Service Partner has its own privacy policies and security measures and we encourage you to read the respective policies before you decide to submit information to them. The Piggy Book is not responsible for any injury, loss, damages, claims, or liabilities arising out of a failure of our Service Partner to guarantee the security of your information.

Our Privacy Policy, and Terms of Use both contain additional information regarding the safety and security of your information.

Payment Methods

All transactions on the website are processed in US Dollars ($/USD). We accept VISA, MASTERCARD, DISCOVER, AND AMERICAN EXPRESS.

Return/Refund Policy

The Piggy Book strives to ensure your complete satisfaction with the purchases you make on the website. We do our best to ensure that every order is filled correctly. However, The Piggy Book cannot inspect the entirety of each order and The Piggy Book does not have a warranty separate from the warranty offered explicitly in these terms, if any. If you are dissatisfied with the condition of any Products upon delivery, you have the option to Contact Us concerning those items in your order. The Piggy Book may replace the item at its discretion, or provide you with a refund, subject to any explicit warranty herein. 

In the case that you receive a broken, malfunctioning, or damaged Product, The Piggy Book will do its best to accommodate you, by replacing the item or providing you with a refund (at the discretion of The Piggy Book). If your order was not complete or was otherwise not filled correctly, please contact The Piggy Book by clicking the "Contact Us" link on our homepage and filling out the applicable form. When contacting The Piggy Book regarding incomplete or improperly filled orders, please provide us with your order number so we can do our best to accommodate you.

In the case of a return or refund, you will be responsible to pay the shipping costs to return a broken, malfunctioning, or otherwise damaged Product, and The Piggy Book will bear the cost of shipping for any replacement item it may send to you.

Use of Promo Codes

From time to time, a Promo Code may be offered by the Piggy Book to a customer.  Any Promo Code provided by the Piggy Book to you is strictly for your individual use.  You are strictly prohibited from sharing any Promo Code with any other party.  Promo Codes are provided to individuals at the discretion of The Piggy Book, and The Piggy Book reserves the right to set any limits or completely suspend your use of a Promo Code.

If The Piggy Book determines that you committed an unauthorized use of a Promo Code, The Piggy Book reserves the right to withhold shipment of your order unless and until the full price of the order is paid by you.  If The Piggy Book determines that there was an unauthorized use of a Promo Code after the order has been shipped, The Piggy Book will have the right to recover the remaining amount owed on the total purchase price, effectively cancelling your use of the Promo Code on that order.

Out of Stock Items

If any item is out of stock, The Piggy Book reserves the right to retain your payment and, within a reasonable period of time, provide you with the item(s) ordered or equivalent items valued equally or greater than the original item(s).

Risk of Loss

The Piggy Book is the seller for all items on the website. All purchases from the website are made pursuant to a shipment contract. This means that the risk of loss and title for items purchased from the website pass to you upon our delivery to the carrier.

Cancelling An Order

If you want to cancel an order you have placed, immediately contact us through the link on this website and provide us with your order number. If your order has already shipped, you will not be able to cancel the order.

Modifications

The Piggy Book reserves the right to modify this Purchase Policy. If The Piggy Book modifies this Purchase Policy, that modification will be reflected in this Purchase Policy, and will apply on all orders placed after the modification is effected.