Terms of Use

Last updated: September 20, 2016 

In addition to our privacy policy (“Privacy Policy”), the following Terms of Use apply to your use of getpeanutbutter.com and app.getpeanutbutter.com (collectively, “Website”). The Website is owned and operated by Peanut Butter, Inc. (“Peanut Butter,” “we,” “ours”, or “us”). The content of the Website is protected by U.S. and international copyright laws, federal and state trademark laws and other intellectual property laws and conventions. By accessing or otherwise using the Website, you are indicating your acceptance of, and agreement to abide by, these Terms of Use, the applicable Privacy Policy and all applicable international federal, state and local laws and regulations. If you do not agree to any of these terms, then please do not use the Website.

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.

Minors

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

Legal Disclaimer

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

For purposes of these Terms of Use, “content” is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our Website. This includes message boards, chat, and other original content.

By accepting these Terms of Use, you acknowledge and agree that all content presented to you on this Website is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Peanut Butter. You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Website in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Website. Any unauthorized use of the materials appearing on this Website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

We do not warrant or represent that your use of materials displayed on, or obtained through, this Website will not infringe the rights of third parties. See “Unauthorized Use of Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this Website infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Peanut Butter. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of Peanut Butter.

Unauthorized Use of Materials

Subject to our Privacy Policy, any communication or material that you transmit to this Website or to us, whether by electronic mail, post, or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant us and our agents and affiliates a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.

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:

  1. 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).

  2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.

  3. Provide information reasonably sufficient to permit us to contact you (email address is preferred).

  4. 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).

  5. 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.”

  6. 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.”

  7. Sign the paper.

  8. Send the written communication to the following address:

PEANUT BUTTER, INC.

Attn: President

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.

Indemnification

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.

The information on Peanut Butter’s Website may have general applicability to Peanut Butter clients and client employees and is not deemed to amend, alter or supersede specific contracts or agreements. Peanut Butter reserves the right to change the terms contained herein at any time and such charges will become effective after Peanut Butter posts the changes on this Website. Peanut Butter may, in its sole discretion, modify or update these Terms of Use and the Privacy Policy from time to time, and so you should review this page periodically. When we change the Terms of Use or Privacy Policy  in a material manner, we will update the ‘last modified’ date at the top of these Terms of Use. Your continued use of the  Website or the Services after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Website or the Services.

These Terms of Use are governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws provisions. In the event of a dispute arising under or relating to these Terms of Use (each, a "Dispute"), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act ("FAA"). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT'S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS' Streamlined Arbitration Rules and Procedures. All applicable JAMS' rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator's award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Nothing in these Terms of Use will prevent Peanut Butter from seeking injunctive relief in any court of competent jurisdiction as necessary to protect Peanut Butter’s proprietary interests. You agree that any arbitration or proceeding shall be limited to the Dispute between Peanut Butter and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.