Penny Forward, Inc. (“Penny Forward,” “we,” “us,” or “our”) provides memberships, online courses (including à la carte purchases), and certain one-to-one consulting services delivered through third-party contractors (collectively, the “Services”). These Terms and Conditions (“Terms”) are a legally binding agreement between you and Penny Forward.
Effective Date: January 1, 2022
BY PURCHASING, ACCESSING, OR USING ANY SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT PURCHASE, ACCESS, OR USE THE SERVICES.
1. Definitions
- “Agency” means an organization, governmental entity, school, rehabilitation agency, nonprofit, or business purchasing Services for multiple users.
- “Client” means an individual receiving one-to-one consulting services.
- “Content” means all course materials, lessons, text, audio, video, downloads, worksheets, presentations, and other educational resources made available through the Services.
- “Contractor” means an independent third-party service provider engaged by Penny Forward to deliver one-to-one consulting services.
- “You” means the individual or Agency purchasing, accessing, or using the Services.
2. Parties; Authority
If you are an individual, you represent that you are at least eighteen (18) years old and have the legal capacity to enter into these Terms.
If you are entering into these Terms on behalf of an Agency, you represent and warrant that you have the authority to bind that Agency. In that case, “you” and “your” refer to the Agency.
3. Scope of Services
The Services may include:
- Membership access to member-only resources, recordings, and other benefits as described on our website;
- Online courses, including courses purchased à la carte;
- One-to-one consulting services, which may include financial counseling, benefits planning, employment counseling, technical training, and other services offered from time to time.
The specific scope, duration, deliverables, and access rights for any Service are as described at purchase and/or in a written statement of work, order form, or invoice (each, an “Order”). If an Order conflicts with these Terms, the Order controls only as to that conflict.
4. Purchases, Payment Terms, and Trials
4.1 Online Purchases
Memberships and individual online courses may be purchased through our website. Prices, billing frequency, and included features are described at checkout and incorporated by reference into these Terms.
4.2 Agency and Bulk Purchases; Invoicing
Agencies seeking to purchase memberships or courses in bulk may request invoicing. If approved, invoices are issued with net thirty (30) day payment terms unless otherwise stated in the invoice or Order.
You are responsible for any applicable taxes, duties, or governmental charges, except taxes based on Penny Forward’s net income.
4.3 Trials
Penny Forward offers a free fifteen (15) day trial for individual users as described on our website.
Penny Forward may, in its discretion, offer longer trial periods to Agencies upon written request. Trial eligibility, scope, and limitations may vary and will be described in the applicable Order or written confirmation.
4.4 No Refunds
ALL FEES ARE NONREFUNDABLE. Penny Forward does not provide refunds or credits for memberships, online courses, consulting services, partial use, unused access, early termination, or dissatisfaction with outcomes. This section does not limit remedies available under applicable law for material nonperformance.
5. One-to-One Consulting Services; Contractors
5.1 Delivery Through Independent Contractors
One-to-one consulting services are provided through Contractors. Contractors are independent service providers and are not employees, agents, partners, or joint venturers of Penny Forward.
5.2 Screening and Qualifications
Penny Forward maintains a screening process for Contractors, including background checks. Confirmation that background checks have been completed can be provided upon request, subject to applicable privacy and legal limitations.
Penny Forward engages Contractors who have experience and/or professional credentials appropriate to the services they provide.
5.3 Compliance With Reporting and Regulatory Requirements
Penny Forward will comply with applicable state and federal reporting and regulatory requirements relating to the Services to the best of our ability. You agree to provide timely and accurate information reasonably requested for compliance purposes.
5.4 Consultant Fit and Reassignment
If a Client is dissatisfied with the assigned Contractor, Penny Forward will make reasonable efforts to assign a different Contractor who may be better suited to the Client’s needs.
5.5 No Guarantee of Availability
Contractor availability may vary by location, scheduling constraints, and program capacity. Penny Forward does not guarantee that any particular Contractor will be available at a specific time.
6. Educational Purpose; No Professional Advice; No Guarantee of Results
6.1 Educational and Informational Content
All Content and Services are provided for educational and informational purposes.
6.2 No Legal, Tax, Investment, or Personalized Professional Advice
The Services do not constitute legal advice, tax advice, investment advice, or other regulated professional advice. Any guidance provided is general in nature. You are solely responsible for decisions you make based on the Services, and you should consult qualified professionals regarding your specific situation.
6.3 No Guarantee of Outcomes
Penny Forward does not guarantee any financial, employment, benefits-related, or other outcome, result, or improvement.
7. Content Development; Accuracy; Error Reporting
Content is created and fact-checked by experienced blind financial professionals with credentials and accreditations appropriate to the subject matter.
However, Penny Forward does not warrant that the Content is error-free, complete, or current. If you believe Content contains an error, you agree to notify us promptly by emailing pennyforward@pennyforward.com. Penny Forward will make commercially reasonable efforts to review and address reported errors.
8. Accessibility Commitment
Penny Forward is committed to digital accessibility and inclusion.
- We actively work to comply with WCAG 2.1 AA or higher.
- Courses are tested by blind users.
- We collect accessibility feedback through course satisfaction surveys to identify and address issues.
If you encounter an accessibility barrier, please email pennyforward@pennyforward.com with sufficient detail to help us reproduce the issue. Penny Forward will make commercially reasonable efforts to address reported accessibility issues promptly.
9. Platform Availability; Changes
We may update, modify, or discontinue features of the Services from time to time. We do not guarantee uninterrupted or error-free operation, and access may be affected by maintenance, updates, outages, or factors outside our control.
10. Acceptable Use; Account Security
You agree not to:
- share login credentials or allow unauthorized access;
- copy, scrape, reverse engineer, or attempt to derive source code from any platform components;
- interfere with or disrupt the Services;
- use the Services in violation of any law or regulation.
You are responsible for maintaining the confidentiality of your account credentials and for all activity conducted through your account.
11. Intellectual Property; License Restrictions
Penny Forward and its licensors retain all right, title, and interest in and to the Services and Content.
Subject to your compliance with these Terms and payment of applicable fees, Penny Forward grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services and Content for your personal, noncommercial use (or, for Agencies, for internal program use by authorized end users) during the applicable access period.
You may not reproduce, distribute, publicly perform, publicly display, create derivative works of, sell, sublicense, or otherwise exploit any Content without Penny Forward’s prior written consent, except as permitted by applicable law.
12. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
PENNY FORWARD DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, PENNY FORWARD DOES NOT WARRANT THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (C) ANY DEFECTS WILL BE CORRECTED.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PENNY FORWARD BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PENNY FORWARD’S TOTAL CUMULATIVE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO PENNY FORWARD FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY; IN SUCH CASES, THESE LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
14. Indemnification
You agree to indemnify, defend, and hold harmless Penny Forward and its directors, officers, employees, Contractors, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your violation of these Terms; (b) your misuse of the Services; or (c) your violation of any law or the rights of any third party.
15. Suspension and Termination
We may suspend or terminate your access to the Services if we reasonably believe you have violated these Terms, misused the Services, or engaged in unlawful conduct, with or without notice where permitted by law. No refunds will be issued.
16. Compliance With Laws
Penny Forward will comply with applicable federal laws of the United States and applicable state laws in the jurisdictions in which we operate in connection with the Services.
You agree to comply with all applicable laws and regulations related to your access to and use of the Services.
17. Governing Law; Venue
These Terms are governed by the laws of the State of Minnesota, without regard to its conflict of laws rules, except where federal law controls.
Venue for any action arising out of or relating to these Terms or the Services shall be in a court of competent jurisdiction as required by applicable law. Nothing in these Terms is intended to waive or limit any venue, jurisdiction, or forum rights that cannot be waived under applicable law.
18. Miscellaneous
18.1 Severability
If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect.
18.2 No Waiver
Failure to enforce any provision of these Terms is not a waiver of future enforcement of that or any other provision.
18.3 Assignment
You may not assign or transfer these Terms without Penny Forward’s prior written consent. Penny Forward may assign these Terms in connection with a merger, reorganization, or transfer of substantially all assets.
18.4 Force Majeure
Penny Forward is not liable for any delay or failure to perform due to events beyond our reasonable control, including acts of God, natural disasters, epidemics, war, terrorism, labor disputes, utility failures, or internet service disruptions.
18.5 Entire Agreement
These Terms, together with any applicable Order and any policies expressly incorporated by reference, constitute the entire agreement between you and Penny Forward regarding the Services and supersede all prior or contemporaneous understandings.
19. Contact
Questions, accessibility concerns, and error reports should be directed to:
Penny Forward, Inc.
Website: https://www.pennyforward.com
Email: pennyforward@pennyforward.com
Phone: 1 (888) 332-5558