These Website Terms of Service (including any document incorporated by reference herein) for the Streamline Performance, Inc dba Peachtree Debt Relief (“PEACHTREE DEBT RELIEF”) websites, located at www.peachtreedebt.com and such other websites as maybe owned and/or controlled by PEACHTREE DEBT RELIEF (collectively the “Websites”) that contain these Website Terms of Service (“Terms of Service”), constitutes a legal contract between you and Streamline Performance, Inc dba PEACHTREE DEBT RELIEF and covers all aspects of your use of the Websites and, to the extent not superseded by the termsand conditions of any contract we may sign with you, of any product or service that we may supply to you.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITES YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF AT ANY TIME YOU DISAGREE WITH ANY OF THESE TERMS AND CONDITIONS, YOU SHOULD IMMEDIATELY CEASE YOUR USE OF THE WEBSITES.
- Eligibility; Privacy.The products and services offered through the Websites are not available (1) to persons under the age of 18, (2) to persons who are not legal residents of the United States, by visa or otherwise, or (3) to any person residing in any of the following states: Kansas, Louisiana, Maine, Mississippi, South Carolina, Vermont, and West Virginia. BY CLICKING ANY “SUBMIT” OR OTHER BUTTON OR BY ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITES YOU REPRESENT AND WARRANT TO US THAT YOU ARE AT LEAST 18 YEARS OF AGE AND ARE A LEGAL RESIDENT OF THE UNITED STATES.
- Products and Services. The Websites may enable you to research and submit requests for debt resolution services and research other products and services provided by PEACHTREE DEBT RELIEF or by third party providers. You understand and agree that if you submit a request for a product or service or for further information relating to a product or service offered through any of the Websites by a third party provider, PEACHTREE DEBT RELIEF will share such of your information with such third party providers as may be required to match you with the providers of the products and/or services that you request.By submitting your contact information to us, you are expressly consenting to be contacted by us orby one or more providers of products and services by telephone, email or postal mail even if youhave opted into the national Do Not Call List administered by the Federal Trade Commission, anystate equivalent Do Not Call List or the Do Not Call List of any specific institution.
- Modification of These Terms of Service. PEACHTREE DEBT RELIEF reserves the right to change, modify, add or remove portions of these Terms of Serviceat any time by posting amended Terms of Service. Please check these Terms of Service periodicallyfor changes. If you do not agree with the amended Terms of Service, you are free to reject them, butyou will no longer be able to use any of the Websites. Your continued use of any of the Websitesafter the posting of changes constitutes your binding acceptance of such changes. Except as statedelsewhere, such amended Terms of Service will be effective immediately and without further notice.Except for changes by us as described here, no other amendment or modification of the Terms ofService will be effective unless in writing and signed by both you and us.
- Prohibited Conduct. By using the Websites, you agree not to:
- Use the Websites for any purpose other than to access the information and contact the providers of the products and services advertised therein;
- Infringe or violate the intellectual property rights or any other rights of anyone else (including PEACHTREE DEBT RELIEF);
- Violate any law or regulation, including any applicable export control laws;
- Submit, transmit or facilitate the distribution of information or content that is illegal, harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person’s view, objectionable;
- Attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Websites or bypass the measures we may use to prevent or restrict access to the Websites;
- Take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
- “Crawl,” “scrape,” or “spider” any page, data, or portion of or relating to the Websites (through use of manual or automated means);
- Decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Websites;
- Impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity; or
- Submit, upload, post, email, transmit or otherwise make available any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships. A violation of any of the foregoing is grounds for termination of your right to use or access the Websites.
- Ownership & Proprietary Rights.
The Websites are owned and operated by PEACHTREE DEBT RELIEF. All content displayed on the Websites, aswell as all visual interfaces, graphics, designs, information, computer code (including source code orobject code), software and all other elements of the Websites are protected by United Statescopyright, trade dress, patent and trade/service mark laws, international conventions, whereapplicable, and all other relevant intellectual property and proprietary rights and laws. Except asotherwise specified on the Websites, all content contained on the Websites is the property of PEACHTREE DEBT RELIEF and/or its third-party licensors. Except as expressly authorized by PEACHTREE DEBT RELIEF, you maynot sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt,create derivative works from or otherwise make any unauthorized use of such content.
Your correspondence or business dealings with any third parties, including, but not limited to, business dealings with credit counseling services, debt settlement services, mortgage brokers or lenders, insurance agents or carriers or any other product or service provider are solely between you and such third party. PEACHTREE DEBT RELIEF is not responsible for any terms, conditions, warranties orrepresentations associated with such dealings or liable for any loss or damage of any sort incurredas the result of such dealings.
By using the Websites as directed, you are acknowledging that PEACHTREE DEBT RELIEF does not make creditdecisions about any product or service offered to you, does not recommend, endorse, warrant orguarantee the products or services of any third party and, unless PEACHTREE DEBT RELIEF expressly agreesotherwise, is not party to any discussions that you may have or agreement that you may make withany third party. PEACHTREE DEBT RELIEF does not charge anyone a fee to use the Websites.If there is a dispute between participants on the Websites, or between users and any third party, youagree that PEACHTREE DEBT RELIEF is under no obligation to become involved. In the event that you have adispute with one or more other users, you release PEACHTREE DEBT RELIEF, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Websites.
- Termination; Exclusive Remedy. PEACHTREE DEBT RELIEF at any time, in its sole discretion, for any or no reason, and without penalty or liability,may terminate your use of the Websites and terminate any session. PEACHTREE DEBT RELIEF may also in its solediscretion and at any time discontinue providing access to one or more Websites. Any termination ofaccess to the Websites may be effected with or without prior notice, and PEACHTREE DEBT RELIEF will not beliable to you or to any third party for any such termination. Any suspected fraudulent, abusive orillegal activity may be referred to appropriate law enforcement authorities.
- Indemnification. You agree to indemnify, save and hold PEACHTREE DEBT RELIEF and its contractors, employees, agents and itsthird-party suppliers and business partners harmless from any claims, losses, damages andliabilities, including legal fees and expenses, arising out of your use or misuse of the Websites, anyviolation by you of these Terms of Service or any breach of the representations, warranties andcovenants made by you herein. PEACHTREE DEBT RELIEF reserves the right, at your expense, to assume theexclusive defense and control of any matter for which you are required to indemnify us and youagree to cooperate with PEACHTREE DEBT RELIEF’s defense of any such claims. PEACHTREE DEBT RELIEF will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
- No Warranty; Disclaimers.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PEACHTREE DEBT RELIEF ANDITS THIRD-PARTY SUPPLIERS AND BUSINESS PARTNERS DISCLAIM ALL WARRANTIES,STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIEDWARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENTOF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORALOR WRITTEN, OBTAINED BY YOU FROM PEACHTREE DEBT RELIEF OR THROUGH THE WEBSITES WILLCREATE ANY WARRANTY NOT EXPRESSLY PROVIDED IN THESE TERMS OF SERVICE.THE USE OF THE WEBSITES IS AT YOUR SOLE RISK. THE WEBSITES AND ANY DATA,INFORMATION, COMMERCIAL CONTENT, THIRD-PARTY WEB SITES, PRODUCTS ORSERVICES MADE AVAILABLE THROUGH THE WEBSITES ARE PROVIDED ON AN “AS IS” AND“AS AVAILABLE,” “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
NONE OF PEACHTREE DEBT RELIEF OR ITS THIRD-PARTY SUPPLIERS AND BUSINESS PARTNERSWARRANT THAT ANY DATA, INFORMATION, COMMERCIAL CONTENT, THIRD-PARTY WEBSITES, PRODUCTS OR SERVICES OFFERED ON OR THROUGH THE WEBSITES OR ANYTHIRD-PARTY WEB SITES WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OROTHER HARMFUL COMPONENTS OR THAT ANY OF THE FOREGOING, IF PRESENT, WILL BECURED OR STOPPED. YOUR USE OF THE WEBSITES OR ANY THIRD-PARTY WEB SITES ISAT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOURPROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTSFROM THE USE OF SUCH WEBSITES.
- Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL PEACHTREE DEBT RELIEF OR ITS THIRD PARTY SUPPLIERS AND BUSINESS PARTNERS BE LIABLE FOR (A)ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE OREXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANYUNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUESOR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARYLOSS OR DAMAGE OF ANY NATURE WHATSOEVER) , (B) ANY AMOUNT, IN THEAGGREGATE , IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BYYOU TO PEACHTREE DEBT RELIEF IN CONNECTION WITH YOUR USE OF PEACHTREE DEBT RELIEF’S WEBSITES,PRODUCTS OR SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THEAPPLICABLE CLAIM, OR (C) ANY MATTER BEYOND PEACHTREE DEBT RELIEF’S REASONABLE CONTROL,IN EACH CASE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THATRESULT FROM YOUR USE OR YOUR INABILITY TO USE THE WEBSITES OR ANY THIRDPARTYWEB SITE OR ANY OTHER INTERACTIONS WITH PEACHTREE DEBT RELIEF, EVEN IF PEACHTREE DEBT RELIEF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL ORCONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, PEACHTREE DEBT RELIEF’S LIABILITY WILL BE LIMITED TO THE FULLESTEXTENT PERMITTED BY APPLICABLE LAW.
BY YOUR USE OF ANY PEACHTREE DEBT RELIEF WEBSITE, YOU ARE AGREEING TO RELEASE ANDDISCHARGE PEACHTREE DEBT RELIEF AND ITS THIRD-PARTY SUPPLIERS AND BUSINESS PARTNERS ANDEACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES AND ALLOTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL CLAIMS, DEMANDS, CAUSESOF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS ANDEXPENSES OF ANY KIND OR NATURE, WHETHER KNOWN OR UNKNOWN, ARISING OUT OFOR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITES. IF YOU ARE ACALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS,”A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOTKNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE,WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THEDEBTOR.”
- Dispute Resolution.
In the event of a dispute between you and PEACHTREE DEBT RELIEF that arises out of these Terms of Service orany product or service you obtain through the Websites (“Claim”), you and PEACHTREE DEBT RELIEF agree toresolve that Claim in accordance with the procedures set forth below or as we may otherwise agreein writing. Before resorting to these dispute resolution mechanisms, you must first contact us directlyto seek a resolution. If, however, we are unable to resolve our differences informally, the partiesagree to finally resolve any such dispute through arbitration, in Orange County, California, inaccordance with the American Arbitration Rules and Procedures of Judicial Arbitration andMediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantialexperience in resolving intellectual property and commercial contract disputes, who shall be selectedfrom the appropriate list of JAMS arbitrators in accordance with such Rules.For any Claim (excluding claims for injunctive or other equitable relief) where the total amount of theaward sought is less than $10,000, either party may elect to resolve the dispute in a cost effectivemanner through binding non-appearance-based arbitration. For any such arbitration, the partiesmust comply with the following rules:
- the arbitration shall be conducted by telephone or online and be solely based on written
submissions, the specific manner to be chosen by the party initiating the arbitration;
- the arbitration shall not involve any personal appearance by the parties or witnesses unless
otherwise mutually agreed by the parties; and
- any judgment on the award rendered by the arbitrator may be entered in any court of
Any arbitration under these Terms of Service will take place on an individual basis: class
arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY
ENTERING INTO THESE TERMS OF SERVICE, YOU AND PEACHTREE DEBT RELIEF ARE EACH WAIVINGTHE RIGHT TO TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION.
All claims filed or brought contrary to this Section 13 shall be considered improperly filed. Should you
file a claim improperly, PEACHTREE DEBT RELIEF may recover reasonable attorneys’ fees and costs, provided thatPEACHTREE DEBT RELIEF has notified you in writing of the improperly filed claim and you have failed to withdrawthe claim promptly.
PEACHTREE DEBT RELIEF may provide you with notices by e-mail, regular mail or postings on any Website. Noticewill be deemed given twenty-four hours after e-mail is sent, unless PEACHTREE DEBT RELIEF is notified that the emailaddress used is invalid. Alternatively, PEACHTREE DEBT RELIEF may give you legal notice by mail to a postaladdress, if provided by you through any Website. In such case, notice will be deemed given three (3)
calendar days after the date of mailing.
All notices to PEACHTREE DEBT RELIEF must be made in writing and mailed to:
Peachtree Debt Relief
Att: Compliance Department
1100 Town and Country Rd Ste
1250, Orange CA. 92868
14.2 Waiver and Severability of Terms.
The failure of PEACHTREE DEBT RELIEF to exercise or enforce any right or provision of these Terms of Serviceshall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms ofService will be effective only if in writing and signed by PEACHTREE DEBT RELIEF. If any provision of these Termsof Service is found by a court of competent jurisdiction to be invalid, the other provisions of theseTerms of Service shall remain in full force and effect and the parties agree that such court shouldendeavor to give effect to the parties’ intentions.
14.3 Choice of Law; Forum.
These Terms of Service shall be governed in all respects by the laws of the State of California, without regard to conflict of law provisions.
You may not transfer, delegate, or assign any of your rights or obligations under these Terms ofService without the express prior written consent of PEACHTREE DEBT RELIEF, give in its sole discretion. However,you acknowledge and agree that PEACHTREE DEBT RELIEF may freely and without restriction or limitation assignor transfer any of its rights and obligations under these Terms of Service.
14.5 Entire Agreement. These Terms of Service and any document incorporated by reference herein constitute the entire agreement between you and PEACHTREE DEBT RELIEF and govern your use of the Websites, superseding anyprior agreements between you and PEACHTREE DEBT RELIEF. Notwithstanding the foregoing, you also may besubject to additional terms and conditions that may apply when you use or purchase certain productsand/or services provided by PEACHTREE DEBT RELIEF or one of PEACHTREE DEBT RELIEF’s third party business partners.
The following paragraphs shall survive termination or your refusal to continue to use the Websites: 4
(third paragraph only), 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14.
Peachtree Debt Relief
Attention: Compliance Department
1100 Town and Country Rd Ste 1250
Orange CA. 92868
Tel: 866-709-9186 | Email: [email protected]
Terms and Service Updated 2019
PLEASE PRINT AND RETAIN A COPY OF THESE TERMS OF SERVICE FOR YOUR RECORDS.