Last updated: September 20, 2016
Description of Services
Peanut Butter helps companies provide a unique student loan benefit. Employers turn to Peanut Butter to provide information and decision support tools to manage their employees’ student loans, create supplemental student loan payment plans, facilitate enrollment, verify outstanding loans, coordinate payment, provide reporting, and offer plan support (collectively, “Services”). As their trusted provider, Peanut Butter helps these employers reduce employee turnover, attract talent, and become a workplace of choice. To the employees of our clients, Peanut Butter is an administrative service provider of a benefit offered by their employer. Employers who are customers of Peanut Butter’s Services are solely responsible for making contributions on behalf of their employees to student loan accounts and applicable student loan servicers.
PEANUT BUTTER HAS NO RESPONSIBILITY OR LIABILITY TO EMPLOYEES OF OUR CLIENTS FOR ANY STUDENT LOAN REPAYMENT BENEFIT. CLIENTS MAY MODIFY OR CEASE OFFERING STUDENT LOAN BENEFITS FROM TIME TO TIME IN EACH CLIENT’S DISCRETION.
Use of Website
Peanut Butter’s Website is licensed to you subject to the terms and conditions set forth here and in any acknowledgment for a specific Website. You agree that all information submitted by you to a Peanut Butter Website is and will be true and correct. You agree that the Website you access constitutes confidential, proprietary, intellectual property of Peanut Butter, that this license is revocable by Peanut Butter at any time, and that you will not modify, reverse engineer, decompile or disassemble, or otherwise tamper with the Website or create any derivative works or otherwise incorporate the Website in other programs, without Peanut Butter’s prior written consent. Any feedback you provide will become Peanut Butter information and Peanut Butter will have the royalty-free right to share the feedback and to create and use derivative works based on the feedback.
Control of Your Login Password—for Clients and Client Employees Only
Except as specifically permitted by this section, you may not disclose your password to access Peanut Butter’s Website to any third party or share it with any third party. If you lose control of your password, you may lose substantial control over personally identifiable information about you and may be subject to the consequences of actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately change your password and notify us that you believe your password has been compromised. You may, however, disclose your password to certain third parties with whom we have entered into specific contractual and technical arrangements designed to safeguard your password ("Authorized Password Users"), in order to enjoy the benefits of those third parties' services in relation to our Services. Peanut Butter will not be liable to employees of its clients for any loss or damage caused by any unauthorized use of account.
The Peanut Butter Website is not intended for use by children, especially those under age 13. No one under age 13 is allowed to use the Website, provide any personal information or receive our email distributions. Minors between the ages of 13 and 17 must be properly employed as a client employee or have the permission of a parent or legal guardian in order to use the Website, provide any personal information or receive our email distributions.
Third Party Sites and Information
This Website may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the Website or party by us, or any warranty of any kind, either express or implied. You should contact the Website administrator for those sites if you have any concerns regarding such links or any content located on such sites. You should take precautions when downloading information from all websites to protect your computer from viruses or destructive programs and use any sites at your own risk
The Website contains a great deal of content regarding legal and student loan matters. The content has been prepared for educational and information purposes only and does not provide legal advice or legal opinions on any specific matters. Transmission of information over the Internet is not intended to create, and receipt does not constitute, a lawyer-client relationship between Peanut Butter, the author(s), or the publishers and you. You should not act or refrain from acting on any legal matter based on Website content without seeking professional counsel.
Peanut Butter is not an insurance company and nothing contained herein constitutes an offer to sell, buy, or procure insurance. We provide certain administrative services in connection with supplemental student loan payment plans. We make these services available to qualifying client employees with whose employers have established service agreements with Peanut Butter. Under this model, we incur expenses associated with our plan administration and maintenance and we bill the client for our Services.
Intellectual Property Information
Unauthorized Use of Materials
You shall not submit confidential or proprietary information to us unless we have mutually agreed in writing as to its protection and confidentiality.
We respect the intellectual property of others, and we require you to do the same. If you or any user of this Website believes its copyright, trademark or other property rights have been infringed by a posting on this Website, you or the user should send notification to us immediately. To be effective, the notification must include:
Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed).
Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
Provide information reasonably sufficient to permit us to contact you (email address is preferred).
Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Sign the paper.
Send the written communication to the following address:
PEANUT BUTTER, INC.
222 W. Merchandise Mart Plaza, Suite 1212
Chicago, IL 60654
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Website without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. Through your use of the Website, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, WITH ANY THIRD PARTY AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
You understand and agree that temporary interruptions of the Services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this Website, and therefore, delays and disruption of other network transmissions are completely beyond our control. You understand and agree that the Services available on this Website are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Upon a request by us, you agree to defend, indemnify, and hold us and our affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this Website. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Changes, Applicable Law and Arbitration.