October 21, 2020
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING AND USING THIS WEBSITE OR THE PEACH SERVICES, 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 OR THE PEACH SERVICES IMMEDIATELY.
Changes and Modifications
Service Rights and Restrictions
All material and content on this Site or the Services 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 or its licensors 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 the content owner’s express prior written consent. You acknowledge that all Site Content is and shall remain the sole property of Peach, unless such data is owned by a licensor in accordance with a separate agreement with 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.
If you submit comments, ideas, or feedback to us, you agree that we can use them without any restriction or compensation to you. If we incorporate your submission, we do not waive any rights to use similar or related ideas or feedback previously known to us, developed by our employees, or obtained from sources other than you.
Nothing on this Site or the Services 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 or the Services 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 Site or the Services. 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 Communications in PDF format, you must have Adobe Reader. To install the free version of Adobe Reader, click here.
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 the Communication was first provided to you. To request paper copies, you must send an e-mail to email@example.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 firstname.lastname@example.org 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.
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 email@example.com or by writing to us at Peach Finance Inc. c/o Customer Support Team, 490 43rd Street #10, Oakland, CA 94609, 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 firstname.lastname@example.org or by writing to us at Peach Finance, Inc. c/o Customer Support Team, 490 43rd Street #10, Oakland, CA 94609, or by calling us at (888) 517-3224.
If you believe that any material on the Site or the Services infringes upon any copyright that you own or control, you may send a written notification to us via email at email@example.com or via regular mail at Peach Finance, Inc. c/o Customer Support Team, 490 43rd Street #10, Oakland, CA 94609. In your notification, please:
- Confirm that you are the owner, or authorized to act on behalf of the owner, of the copyrighted work that you believe 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 the Site or Services. 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 those 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 AND AVAILABILITY OF THE SITE AND SERVICES ARE SUBJECT TO CHANGE WITHOUT NOTICE. WE DO NOT REPRESENT OR GUARANTEE THAT THE SITE OR SERVICES 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.
Choice of Law; Jurisdiction and Venue