Terms of Use

Peanut Butter Inc

Terms of Use

Last updated: July 31, 2019

DO NOT ACCEPT THESE TERMS OF USE, WHICH CONSTITUTE A LEGALLY BIND CONTRACT, BEFORE YOU READ THE ENTIRE DOCUMENT.

Services

Peanut Butter, Inc. (“Peanut Butter”) provides certain administrative services (“Services”) to your employer, vendor, agency, or organization (each your “Plan Sponsor” and each our “Client”) in connection with the student loan assistance benefit program (“Program”) being offered by your Plan Sponsor. The Services are provided via our website at https://www.getpeanutbutter.com.  If your Plan Sponsor is offering a student loan repayment plan (“SLR Plan”), your Plan Sponsor is solely responsible for making contributions on behalf of its employees, customers, residents, and affiliated individuals (each a “Client Employee, or “Client Individual”) to student loan accounts and applicable student loan servicers.

PEANUT BUTTER HAS NO RESPONSIBILITY OR LIABILITY TO CLIENT INDIVIDUALS FOR ANY PROGRAM PROVIDED BY OUR CLIENT.  CLIENTS MAY MODIFY OR CEASE OFFERING PROGRAMS FROM TIME TO TIME IN EACH CLIENT’S DISCRETION.

Eligibility & Enrollment

By enrolling into the Program offered by your Plan Sponsor, you represent and warrant to Peanut Butter that:

  • you are an active Client Individual, approved and eligible to participate in your Plan Sponsor’s Program;
  • you are an individual person at least 18 years of age and able to form legally binding contracts under applicable law;
  • all information provided by you to Peanut Butter is correct and current, and you will update such information with Peanut Butter as soon as it changes;
  • you will comply with applicable laws and regulations;
  • you will not use the Services in connection with any fraudulent or illegal activity or in any manner which interferes with the operation of Peanut Butter; and
  • you will use the Services only in compliance with these Terms of Use.

You may only use the Services for yourself or, if your Plan Sponsor’s Program permits, your dependent family members. We reserve the right to impose additional eligibility requirements in the future and/or to refuse to provide our Services to anyone.

Payee Information

You are responsible for ensuring the accuracy of the information you provide us about each student loan and student loan servicer you designate as the recipient (the “Payee“), your account number or other payment information (where applicable). Changes to Payee’s information must be provided at least 30 days in advance in order to take effect for any subsequent payments.  Peanut Butter is not responsible for changes to Payee’s name and address that may result in delayed or rejected processing of your payment. You understand that to designate a Payee, you may be asked to provide your online credentials for the Payee.

Minimum Monthly Payments

All Payments made in respect of an SLR Plan are intended to be in addition to the amount of the minimum monthly payment requirements on a specific student loan. Accordingly, you acknowledge that you are responsible for continuing to make the minimum monthly payments required for the student loan or loans you designate for Payments under your Plan Sponsor’s SLR Plan.

Change in Eligibility

In the event of your departure from our Client (e.g., your employer or organization), the Services will cancel automatically after the final compensation amount is provided. Peanut Butter will remit any and all remaining funds collected to Payee. 

Delays with Processing a Payment

Please note that some transactions may take longer to be credited to your account with the applicable Payee due to circumstances beyond our control, such as delays in handling and posting payments by the Payee or their financial institution. Some Payees may delay processing your payment. We are not responsible for any delays in processing payments resulting from action or inaction of any third party.

Rejected Payments

Please note that a Payee is not required to accept payments through our Services. We are not responsible or liable for a Payee’s decision not to accept a payment made through the Services. We will research and try to correct any rejected payment and will attempt to resubmit the payment to your Payee. If we are unable to process the payment, we will void the payment, credit the payment back to you and notify you within 30 business days of being notified.

Fees

We charge a fee to use our Services. The fees applicable to your use of our Services will be paid by your Plan Sponsor. We may be compensated by merchants, retailers, and other service providers in connection with your use of services provided by 3rd party vendors accessible on our website.

Loan Payment Statements

We do not send a statement listing transactions made using the Services. We will send electronic mail confirmation once payments have been made. You should confirm all of the transactions with statements provided by your student loan servicer.

Questions Regarding Loan Payments 

All questions about a loan payment or the transactions made through our Services should be directed to us, Peanut Butter, and not to your Plan Sponsor. We are responsible for the operation of the Services and for resolving any errors in transactions made through the Services. We will use commercially reasonable efforts to work with you and your Payee (as appropriate) to resolve any errors or questions about a loan payment.

Unauthorized Transactions

If your payroll statement or Peanut Butter account shows payments made through the Services that you did not authorize, you must notify us as soon as you discover the unauthorized payment. You may request documentation or information regarding a payment transaction to determine whether an unauthorized transfer occurred by contacting us using the contact methods specified below.

Notification Requirements and Procedures

You should alert us immediately if you believe your username and password has been lost or stolen, or if you believe that a fund transfer has been made without your permission.

In case of errors or questions about any payments or transfers, contact us by:

  • Email: support@getpeanutbutter.com
  • Phone: (800) 913-6651, press 1 for Participant Support
  • Mail: 222 W. Merchandise Mart Plaza, Suite 1212, Chicago, IL 60654

We must hear from you no later than sixty (60) days after the transmittal of a payroll statement, or posting to your Peanut Butter account, from the Plan Sponsor on which the problem or error appeared.

In any communication, please provide us with the following information:

  • Your name and email address that you used to register for the Services.
  • Describe the error or the transfer that you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
  • Tell us the dollar amount and date of the suspected error.

We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. However, if we need more time, as determined in our sole discretion, we may take up to sixty (60) days to investigate your complaint or question. If we determine that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

For purposes of these disclosures, our business days are Monday through Friday. Holidays are not included.

Confidentiality/Privacy

We believe strongly in protecting individual user confidentiality and privacy and providing you notice of our collection and use of data, including personally identifying information, collected from you. Therefore, we have adopted a Privacy Policy that you should review in order to fully understand how we collect and use information that you provide to us.  Our Privacy Policy is available at: https://www.getpeanutbutter.com/privacy-policy

Disclaimer of Representations and Warranties; Limitations on Liability

WE MAKE NO REPRESENTATIONS AS TO THE ACCURACY, QUALITY, TIMELINESS, AVAILABILITY, OR COMPLETENESS OF THE SERVICES OR THE INFORMATION, CONTENT, SOFTWARE, PRODUCTS, OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICES.  EXCEPT AS REQUIRED UNDER APPLICABLE LAW, WE PROVIDE THE SERVICES ON AN “AS IS, AS AVAILABLE” BASIS AND WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY YOUR USE OF THE SERVICES. YOU USE THE SERVICES (AND PARTICIPATE IN ANY PROGRAM FROM YOUR PLAN SPONSOR) AT YOUR OWN RISK. EXCEPT AS REQUIRED UNDER APPLICABLE LAW, WE ARE NOT LIABLE FOR ANY FORM OF LOSS OR DAMAGE (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, AND SPECIAL DAMAGES, EVEN IF KNOWN TO US) THAT MAY RESULT FROM YOUR USE OF THE SERVICES (OR PARTICIPATION IN ANY PROGRAM FROM YOUR PLAN SPONSOR). WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ANY WARRANTY NOT SET FORTH IN THESE TERMS OF USE WILL NOT BE VALID. IF ANY OF THE ABOVE PROVISIONS ARE VOID UNDER GOVERNING LAW, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification

You agree to indemnify, defend and hold harmless Peanut Butter, its parents, subsidiaries and affiliates, and its and their directors, officers, owners, employees, agents, consultants, contractors and other representatives (each collectively, the “Indemnified Parties”) from and against any and all claims, demands, causes of action, debts, losses, liabilities, damages, judgments, settlements, tax assessments, penalties, interest, and expenses, including reasonable attorney’s fees, arising out of, related to, or which may arise from: (a) your use of the Services; (b) your actual or alleged breach of or non-compliance with any term of these Terms of Use; (c) your violation of any right of a third party in connection with your use of the Services, including but not limited to any right of privacy, publicity rights, or intellectual property rights of such third party; (d) your negligence or violation or alleged violation of any federal or state law, rule or regulation; or (e) any other party’s access and/or use of the Services with your login credentials.

Intellectual Property Rights

Peanut Butter either owns, or has licensed, all U.S. legal right, title and interest in and to the Services, including but not limited to, any trademark, copyright, patent, trade secret, trade dress, service marks and other worldwide intellectual property rights as they relate to the Services (the “Intellectual Property”). These Terms of Use do not grant you any rights with respect to the Intellectual Property.

Peanut Butter reserves the right to terminate your access to the Services in the event you infringe on any copyright rights of Peanut Butter or any third party. Peanut Butter also reserves the right to remove any material posted by an individual that is alleged to infringe the copyrights of others. If you believe that any material posted to any of the Services constitutes copyright infringement, you should provide the following information to Peanut Butter at the address provided below: (a) the signature of the person authorized to act on behalf of the owner of the copyright that is allegedly being infringed; (b) a description of the copyright-protected work that is allegedly being infringed; (c) the location of such material in the Services; (d) your address, telephone number, and email address; (e) a written statement by you stating your good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner or applicable law; and (f) a written statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf. By submitting this notice, you agree that Peanut Butter may provide the information provided by you to the person who posted the allegedly infringing material. In the event that any material that you posted to any of the Services is removed by Peanut Butter, you may send to Peanut Butter at the address provided a counter-notice containing the information required by 17 USC § 512(g)(3), which Peanut Butter will forward to the party who alleged the infringement. In the event that the party who alleged the infringement does not file any action seeking a court order to restrain you from engaging in the infringing activity within ten (10) business days of receiving the counter-notice, Peanut Butter may, in its sole discretion, reinstate the removed material.

Modifications

We may modify or revise these Terms of Use from time to time, and we will try to provide at least thirty (30) days’ notice prior to any new terms taking effect. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms of Use. 

Termination

You may terminate these Terms of Use and your use of the Services at any time by emailing us at: support@getpeanutbutter.com.  As stated above, however, Peanut Butter must have at least 30 days prior notice to cancel or edit any scheduled payments.

Peanut Butter may terminate these Terms of Use by terminating your access to the Services by deactivating or closing your Peanut Butter account at any time and for any reason, in its sole and absolute discretion without liability. Peanut Butter may also suspend the Services or your Peanut Butter account if Peanut Butter determines, in its sole discretion, that you (a) have violated these Terms of use, (b) pose a fraud or other legal risk to Peanut Butter, or (c) have provided false, incomplete, inaccurate or misleading information or have otherwise engaged in fraudulent or illegal conduct.

Upon termination of these Terms of Use and your use of the Services, the license granted to you under these Terms of Use will immediately end and you must immediately stop using the Services. Peanut Butter will have the right to close your Peanut Butter account if you have not already done so to prevent your access to Peanut Butter. Peanut Butter will not be liable to you or any third party for compensation, reimbursement, or damages arising in connection with your use of the Services or in connection with the termination or suspension of your use of the Services.

Tax Consequences

You understand and agree that you alone are responsible for determining and understanding the tax consequences of your participation in the Program and the payments and transactions described above. If you are a participant in an SLR Plan, your Plan Sponsor may elect to withhold income taxes and apply employment taxes (such as FICA taxes) with respect to the benefits you receive as part of your Plan Sponsor’s normal payroll and compensation reporting processes and procedures. Nevertheless, you are still responsible for any tax consequences. Please check with your Plan Sponsor as to its policies on taxing the Program. Peanut Butter does not provide tax advice or services.

Contact Information

You can contact us about these Terms of Use by writing or email us at the address below:

    • Email: support@getpeanutbutter.com
    • Phone:, (800) 913-6651, press 1 for Participant Support
    • Mail: 222 W. Merchandise Mart Plaza, Suite 1212, Chicago, IL 60654

Governing Law

These Terms of Use and any claim, action or dispute arising will be governed by the laws of the State of Delaware, without regard to its conflicts of law principles. 

Assignment

These Terms of Use and any rights and licenses granted hereunder may not be transferred or assigned by you and any attempted assignment will be deemed void. Peanut Butter reserves the right to assign these Terms of Use to any third party without notice to you. These Terms of Use will be binding and inure to the benefit of the parties hereto and their successors and permitted assigns.

Force Majeure

Without limiting the applicability of the terms of the Section labeled “Limitations on Liability” Peanut Butter shall have no liability for any failure or delay resulting from conditions beyond the reasonable control of such party, including but not limited to any industrial dispute, acts of war, governmental action, acts of terrorism, acts of God, labor conditions, power failures and Internet or mobile network disturbances.

Entire Agreement

These Terms of Use represent the entire understanding of you and Peanut Butter with respect to the subject matter contained herein and supersede and cancel all prior written or oral contracts, agreements and understandings of you and Peanut Butter with respect to the subject matter of these Terms of Use.

Survival

These Terms of Use, which are expressly, or by implication, intended to continue in force notwithstanding the termination of these Terms of Use or your termination of use of the Services, will survive termination or expiration of these Terms of Use.

No Waiver; Severability

The failure of Peanut Butter to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use shall be adjudged by a court of competent jurisdiction to be unenforceable or invalid, that provision shall be removed to the minimum extent necessary and the remainder of these Terms of Use shall remain in full force and effect.

Conflicts

In the event of a conflict between these Terms of Use and any other Terms of Use or policies of Peanut Butter, these Terms of Use shall prevail as to the subject matter contained herein with respect to Peanut Butter.

Headings and Subheadings

The use of titles and headings with reference to certain portions of these Terms of Use is solely for the convenience of the reader and are of no legal effect.

Third-Party Beneficiary

The provisions of these Terms of Use are entered into for the benefit of Peanut Butter and Peanut Butter’s third-party licensors and designees and each of them shall have the right to enforce such provisions of these Terms of Use directly against you to protect their interests. Except as stated in this section, there shall be no other third-party beneficiaries to these Terms of Use.