Website Terms of Use

September 19, 2019

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING AND USING THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE. ANY CHANGES WILL BE POSTED TO THIS WEBSITE FROM TIME TO TIME. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS STATED HEREIN, PLEASE EXIT THIS WEBSITE IMMEDIATELY.

You are currently viewing www.peachfinance.com or the Peach mobile application (“Site”), a website and mobile application owned and operated by Peach Finance, Inc., a Delaware corporation (“Peach”). This Site and any of the services provided by Peach in connection with this Site (“Services”) are provided expressly subject to the terms and conditions stated herein (“Terms of Use”). By accessing the Site, you (“User”) acknowledge that you have read, understand, and agree to be bound by these Terms of Use. If any provision contained in these Terms of Use conflicts with a provision contained in another agreement that you enter into with Peach or related to the Peach Services, the provision of the other agreement shall govern with respect that specific aspect of the Site or Services.

Changes and Modifications

Peach reserves the right in its sole discretion to temporarily or permanently change, or modify these Terms of Use or discontinue the Site, or any portion of the Site, for any reason, at any time without notice to you. Please review these Terms of Use from time to time because your continued access or use of the Site after any modifications have become effective shall be deemed your conclusive acceptance of the modified Terms of Use.

General Eligibility

This Site is intended for individuals who are residents of the United States and at least eighteen (18) years of age, and any access by individuals who are under the age of 18 is in violation of these Terms of Use. If you are under 18, please exit this site now. By using the Site, you represent that you are a resident of the United States and 18 or older, and that you agree to abide by all of the terms and conditions of these Terms of Use. Unauthorized use of the Site or Services, including unauthorized access of Peach’s systems and misuse of passwords or Site information is strictly prohibited. If you violate any of these Terms of Use or any other agreement between you and Peach, then Peach may restrict, suspend, or terminate your access to any portion or all of the Site and Services without notice.

Privacy

Your privacy is very important to us. Please carefully read Peach’s Privacy Policy which details how Peach treats your personal information.

Service Rights and Restrictions

All material and content on this Site including but not limited to text, data, articles, designs, software, photos, images, and other information (collectively the “Site Content”) are the proprietary property of Peach with all rights reserved. Site Content may not be copied, reproduced, distributed, republished, displayed, posted, transmitted, or sold in any form or by any means without Peach’s express prior written consent. You acknowledge that all Site Content is and shall remain the sole property of Peach. You may only access the Site and use the Services for their intended purpose, and any use of the Site or Services that is not expressly authorized herein is strictly prohibited.

Trademarks

Nothing on this Site should be construed as granting the User any license or right to use any trademark, whether owned by Peach or a third party, displayed on the Site, without prior written approval of the trademark owner. You may not use, copy, duplicate, display, distribute, modify or reproduce any content on the Site including any text, images, logos, or trademarks contained on the Site without the prior express written consent of the content’s or trademark’s owner.

Consent to Conduct Business Electronically

Because Peach operates online and conducts its business through the Internet, you must consent to receive all disclosures, notices, documents, agreements, and information associated with the Services (“Communications”) electronically in order to transact business with us. This section informs you of your rights when receiving electronic Communications from Peach.

Electronic Communications. You agree that Peach, its agents and representatives, may provide all Communications to you electronically via email or through our website. You may still request a paper copy of any Communication by following the procedure outlined below.

Hardware and Software Requirements. In order to receive electronic Communications, you must have the following: (1) access to the Internet; (2) an active email account; (3) software capable of receiving email through the Internet; (4) supported Web browsing software (Chrome version 32.0 or higher, Firefox version 26.0 or higher, Internet Explorer version 8.0 or higher, or Safari version 7.0 or higher); and (5) hardware capable of running this software. To ensure access and optimal printing of your loan documents in PDF format, you must have Adobe Reader. To install the free version of Adobe Reader, click here.

Additional Mobile Technology Requirements. If you access our Site and Communications electronically via a mobile device (such as a smart phone or tablet), in addition to the above requirements you must make sure that you have software on your mobile device that allows you to print and save the Disclosures presented to you during the application process. If you do not have these capabilities on your mobile device, please access our site through a device that provides these capabilities.

Requesting a Paper Copy. You may request from us a paper copy of any Communication that we have provided or made available to you electronically without charge, provided that such request is made within a reasonable time after we first provided the Communication to you. To request paper copies, you must send an e-mail to papercopyrequest@peachfinance.com with the subject line "Paper Copy Request" and in the body of the e-mail you must state your e-mail address, full name, US Postal address, and telephone number.

Withdrawing Consent. You may withdraw your consent to receive future Communications electronically by changing your settings the Peach borrower portal, or by sending an email to support@peachfinance.com with the subject line of "Withdraw Electronic Consent" and including your full name, US Postal Address, email address, and telephone number in the body of the email. Your withdrawal of consent will be effective only after we have had a reasonable period to process your request.

Telephone Communications. By accepting these Terms of Use, you expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes, at any telephone number, or physical or electronic address you provide to us. You agree we may contact you in any way including SMS text messages, calls using prerecorded messages or artificial voice, and calls and messages delivered using an automated telephone dialing system or an automated texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or via text.

You consent to receive SMS messages (including text messages), calls and messages (including prerecorded and artificial voice and autodialed) from us, our agents, representatives, affiliates or anyone calling on our behalf at the specific number(s) you have provided to us, or number(s) we can reasonably associate with your account (through skip tracing, caller ID capture, or other methods), with information or questions about your application, loan and/or account. You certify, warrant and represent that the telephone numbers that you have provided to us are your numbers and not someone else’s. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to alert us whenever you stop using a particular telephone number.

MARKETING CALLS AND TEXTS: We will not use autodialed or prerecorded calls or texts to contact you for marketing purposes unless you provide us with prior express written consent. If you have provided consent to receive marketing calls, you agree that Peach’s employees, agents, and representatives may use autodialed or pre-recorded phone calls and SMS text messages to contact your mobile phone at the number you provide for the purpose of describing goods and services that may be of interest to you, whether offered by Peach, affiliates, or third parties.  This consent for telemarketing calls shall remain in effect until you revoke it. Your consent to receive telephone communications is not a condition of obtaining a loan and may be revoked at any time by email at support@peachfinance.com or by writing to us at Peach Finance, Inc. c/o Customer Support Team,1333 Broadway STE 1016, Oakland CA 94612, or by calling us at (888) 517-3224. Standard calling and text messaging rates will apply, based on your cellular telephone carrier and service plan.

Changes in Contact Information. Please keep us informed of any changes in you contact information so that you can continue to receive timely electronic Communications from us. You may update your contact information by emailing support@peachfinance.com or by writing to us at Peach Finance, Inc. c/o Customer Support Team, 1333 Broadway STE 1016, Oakland CA 94612, or by calling us at (888) 517-3224.

Copyright Complaints

If you believe that any material on the Site infringes upon any copyright that you own or control, you may send a written notification to us via email at support@peachfinance.com or via regular mail at Peach Finance, Inc. c/o Support Team, 1333 Broadway STE 1016, Oakland CA 94612. In your notification, please:

● Confirm that you are the owner, or authorized to act on behalf of the owner, of the copyrighted work that has been infringed;

● Identify the copyrighted work or works that you claim have been infringed;

● Identify the material that you claim is infringing or is the subject of infringing activity and that is to be removed (please include information reasonably sufficient to permit us to locate the material);

● Provide your contact details, including an email address; and

● Provide a statement that the information you have provided is accurate and that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.

Links to Third-Party Sites

We are not responsible for the information practices employed by sites linked to or from our website. In most cases, links to third-party websites are provided solely as pointers to information on topics that may be useful to our users. Since third-party websites may have different privacy policies and/or security standards governing their sites, we advise you to review the privacy policies and terms and conditions of these sites prior to providing any personal information.

Disclaimer of Warranties

PEACH PROVIDES THE SITE AND SERVICES “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ADDITIONALLY, PEACH MAKES NO CLAIM OR GUARANTEE AS TO THE ACCURACY OF ANY INFORMATION PROVIDED OR SITE CONTENT.

THE SITE INFORMATION, SOFTWARE, PRODUCTS AND DESCRIPTIONS OF SERVICES PUBLISHED OR MADE AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND WE SPECIFICALLY DISCLAIM ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. WE DO NOT WARRANT OR REPRESENT THAT THE SITE INFORMATION IS COMPLETE, CORRECT, SECURE OR UP-TO-DATE. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY AND WE DO NOT HAVE ANY OBLIGATION TO UPDATE THAT INFORMATION. NEITHER WE NOR ANY OF OUR THIRD-PARTY PROVIDERS HAVE ANY RESPONSIBILITY TO MAINTAIN THE DATA, SITE INFORMATION OR PRODUCTS MADE AVAILABLE THROUGH THE SITE OR TO SUPPLY ANY CORRECTIONS, UPDATES OR RELEASES IN CONNECTION WITH THAT DATA, SITE INFORMATION OR PRODUCTS. THE SITE INFORMATION AND AVAILABILITY OF THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. WE DO NOT REPRESENT OR GUARANTEE THAT THE SITE WILL BE AVAILABLE OR FREE FROM LOSS, ATTACK, HACKING OR OTHER SECURITY INTRUSION, AND WE EXPRESSLY DISCLAIM LIABILITY FOR ANY SECURITY-RELATED LOSSES OR DAMAGES.

Limitation of Liabilities

IN NO EVENT WILL PEACH OR ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR LOST PROFITS OR ANY OTHER SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES ARISING FROM YOUR USE OF THE SITE OR SERVICES, EVEN IF PEACH IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT ALLOWED BY APPLICABLE LAW, PEACH’S LIABILITY TO YOU FOR ANY CAUSE OF ACTION REGARDLESS OF FORM WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO PEACH, IF ANY, AND IN NO CASE SHALL PEACH’S LIABILITY TO YOU EXCEED $100.00.

Indemnification

You agree to indemnify, defend, and hold harmless Peach and its affiliates, officers, directors, employees, agents, and representatives for damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees), arising in connection with any claim, suit, proceeding, or other action arising from your use of the Site or Services, your conduct in connection with your use of the Site or Services, or any violation of these Terms of Use or of any law or the rights of any third party.

Miscellaneous

Choice of Law; Jurisdiction and Venue

These Terms of Use shall be governed by the laws of the State of California without regard to any conflict of laws provision. You irrevocably consent to the exclusive jurisdiction and venue of the United States District Court for the Northern District of California in connection with any dispute or the enforcement of any right arising from these Terms of Use.

Severability

If any provision of these Terms of Use is held by a court of competent jurisdiction to be unenforceable for any reason, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use shall remain in full force and effect.

Waiver

Peach’s failure or delay in exercising any right, power, or remedy under these Terms of Use shall not operate as a waiver of any such right, power, or remedy.

Contacting Us

If you have questions, comments, or complaints regarding these Terms of Use, the Site, or Services, you may call (888) 517-3224, email us at support@peachfinance.com, or write to Peach Finance, Inc. c/o Customer Support Team, 1333 Broadway STE 1016, Oakland CA 94612.