Last Updated and Effective Date: August 4, 2019
The following terms and conditions (the "Terms of Service") apply to your use of the Site, which includes PeppyWallet.com and any current or future related mobile sites, and other products or services or mobile applications. By using the Site, you explicitly accept our Terms of Service.
BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF SERVICE, PLEASE STOP USING THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF SERVICE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.
We explicitly reserve the right to change these Terms of Service from time to time effective immediately, and any changes will be found on this current webpage. You agree and acknowledge that it is your responsibility to review this site and these Terms of Service. Your continued use of this site after such modifications will constitute acknowledgement of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service.
PeppyWallet.com is not a licensed financial advisor or representative, and the Site is therefore not intended to establish any fiduciary relationship between you and PeppyWallet.com. PeppyWallet.com is not responsible for any financial transaction between you and a Product Partner.
PeppyWallet.com operates an education technology platform to help student loan borrowers better understand their student loan refinancing and credit building opportunities. The Site offers free calculators and tools to calculate relevant financial statistics, as well as a Student Dashboard to keep track of current loan metrics in one place. While we strive to include the most accurate information, PeppyWallet.com is not responsible in any way for the content in any such advertisements, and for any financial services that are accessible on PeppyWallet.com or through various services, tools, or applications are acquired, managed and provided by PeppyWallet.com and affiliates and subsidiaries, if applicable.
We reserve the right to display advertising to you, to facilitate third party offers and to partner or affiliate with any other person for the purpose of marketing additional services or products to you. You acknowledge that the services offered on the site are the only services offered to you and are delivered via your access to the site only and your use of the site does not include any personal, live, or one-on-one counseling or communication.
ALTHOUGH PEPPYWALLET.COM HAS ATTEMPTED TO PROVIDE ACCURATE INFORMATION ON THE WEBSITE, PEPPYWALLET.COM ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF THE INFORMATION. ALL INFORMATION PROVIDED ON THE SITES IS PROVIDED "AS IS" WITH ALL FAULTS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. PEPPYWALLET.COM HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, EXCEPT TO THE EXTENT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
Through your use of the site, 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 site, and therefore, delays and disruption of other network transmissions are completely beyond our control. You understand and agree that the services available on this site 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.
By submitting communications, photos, data, information, reviews/opinions or any other content ("User Content") to PeppyWallet.com or the Website, you are (i) authorizing us to use such User Content (including, where applicable, your name, image and likeness) and (ii) granting us a limited, non-exclusive, royalty-free, irrevocable right and license to copy, use, distribute, reproduce, modify, display, perform, create derivative works from, store and otherwise use such User Content, in any media known now or in the future. You represent and warrant that you have sufficient rights in the User Content to make this grant. You understand and agree that User Content submitted through the Website is not confidential or proprietary.
PeppyWallet.com may provide certain opportunities for you to provide opinions or reviews ("User Commentary"). User Commentary must not violate these Terms of Service. In addition, you represent and warrant that User Content and User Commentary submitted by you does not:
In the event that either party to these Terms of Service has a dispute relating to or arising from these Terms of Service or the use of the Site, they must immediately notify the other party in writing giving details of the dispute.
If the parties cannot resolve the dispute within fourteen (14) days of receipt of the notice provided for above, the dispute will then be submitted to mediation by a mediator agreed to by the parties, or failing agreement, appointed by JAMS at the request of either party. If the matter is not resolved by mediation within fourteen (14) days from there, the matter will be submitted for arbitration in accordance with the Federal Arbitration Act (9 U.S.C. § 1 et seq.), by a single arbitrator to be appointed by the parties or, failing agreement, appointed by JAMS at the request of either party.
Any such mediation or arbitration shall take place in St. Louis, MO, U.S.A. at such location and venue as the parties shall agree or, failing agreement on a location and venue, by such means (including without limitation teleconference or videoconference) as the parties shall agree or, failing agreement, by such means as may be determined by the applicable mediator or arbitrator. Unless the parties agree otherwise, English shall be the sole language of all such proceedings.
All costs in relation to the staging of such proceedings (excluding for the avoidance of doubt any awards which may be made) shall be borne equally by the parties unless explicitly stipulated otherwise by the arbitrator or agreed otherwise by the parties.
BY AGREEING TO THIS ARBITRATION PROVISION, EACH PARTY UNDERSTANDS THAT BOTH YOU AND WE ARE WAIVING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. BOTH PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Further, unless the parties agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of representative or class proceeding.
IN THE EVENT YOU HAVE A CLAIM AGAINST PEPPYWALLET.COM OR ANY THIRD PARTY, RELATING TO, OR ARISING FROM THESE TERMS OF SERVICE, IT WILL BE LIMITED TO MONETARY COMPENSATION AND YOU WILL NOT BE ENTITLED IN ANY CIRCUMSTANCES TO SEEK ANY FORM OF INJUNCTIVE RELIEF OR SPECIFIC PERFORMANCE IN RELATION TO THE PeppyWallet.COM PRODUCTS, USER SUBMISSIONS, MEDIA, THE PEPPYWALLET.COM WEBSITE, OR OTHERWISE.
Any material or communication that you transmit to us or this site, whether by post, electronic mail, or other means, and for any reason, will be treated as non-proprietary and non-confidential. While all rights are retained by you in such material or communication, you grant our agents and us as well as our affiliates a paid-up, perpetual, non-exclusive and worldwide right to distribute, copy, display, publish, perform, adapt, translate, modify, and otherwise use such material for any purpose, regardless of the medium or form (either currently known or not currently known) in which the material or communication is used. Additionally, you shall not submit proprietary information or confidential material to us unless we have mutually agreed in writing as to its confidentiality and protection.
PeppyWallet.com respects the intellectual property rights of others and expects users of this Website to do so as well. In accordance with the provisions of the Digital Millennium Copyright Act (DMCA) applicable to Internet service providers (17 U.S.C. Section 512), PeppyWallet.com has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users, members, subscribers, or account holders who are deemed to be repeat infringers. If you believe that your work has been copied and has been posted to this Site in a way that constitutes copyright infringement, please provide PeppyWallet.com's copyright agent the following written information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the Website; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement that you have a good-faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and (vi) a statement made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. You agree and acknowledge that upon receipt of a notice of a copyright or a claim of infringement, we may immediately remove the identified materials from our site without liability to any other party or to you and that the claims of the party and the complaining 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. Please contact our copyright agent to provide us notice of alleged copyright infringement at email@example.com.
Without limiting the generality of the foregoing, you acknowledge and agree as follows:
PeppyWallet.com's website may contain robot exclusion headers. Much of the information on PeppyWallet.com's website is proprietary or is licensed to PeppyWallet.com's website by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our prior written consent. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, use, reproduce, modify, create derivative works from, distribute or display any content provided by PeppyWallet.com without the prior written consent of PeppyWallet.com and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of PeppyWallet.com's website or any activities conducted on PeppyWallet.com's website; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to PeppyWallet.com's website.
Content published on this website (digital downloads, images, texts, graphics, logos) is the property of PeppyWallet.com and/or its content creators and protected by international copyright laws. The entire compilation of the content found on this website is the exclusive property of PeppyWallet.com, with copyright authorship for this compilation by PeppyWallet.com.
Please note that this Site may contain links to other websites or include references to documents, services, information, software, and/or materials provided by other parties. We are not responsible to any degree for the content practices or privacy of any third party or website. You acknowledge that you have read this Terms of Service and agree that you are bound by our Terms of Service by using our Site. Third party sites may contain information or material that some people may find offensive or inappropriate. Additionally, these other sites and parties are not under our control, and you acknowledge that we are not responsible for the copyright compliance, accuracy, legality, or any other aspect of the content of such sites. We are also not responsible for omissions or errors in any references to other parties or their services and products. The inclusion of such a reference or link is provided only as a convenience and does not imply association with, or endorsement of the site or party by us, or any warranty of any kind, either implied or express.
The term "PeppyWallet.com" and any other logos, trade names, trademarks, and service marks, which are displayed on the Site, are the property of PeppyWallet.com. You are not permitted to copy or otherwise use these Marks without the prior written consent of PeppyWallet.com or such other owner.
As a condition of your use of the Site, you agree to comply with all statutes, ordinances applicable laws and regulations regarding your use of our service and any related activities. You warrant that you will not use the Site in any way prohibited by these conditions, terms and notices. In addition you are specifically restricted from all of the following:
NEITHER PEPPYWALLET.COM, NOR ITS PARENT, AFFILIATES, OR SUBSIDIARIES, NOR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, VENDORS OR SUPPLIERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE OR ANY PEPPYWALLET.COM ADVERTISEMENT, OR DAMAGES FROM THE USE OF OR RELIANCE ON THE INFORMATION PRESENT ON THE SITE, EVEN IF PEPPYWALLET.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ADDITIONALLY, 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 OR SERVICES.
In the case of any violation of our Agreement, PeppyWallet.com reserves the right to seek all remedies available by law and in equity for such violations, which may potentially include termination of your use of the Site.
Unless explicitly allowed through prior written consent or stated herein, none of the Site Content may be altered, exhibited, sold, duplicated, shared, republished, downloaded, compiled or reformatted, or disseminated in any way or via any channel.
PeppyWallet.com is not a financial advisor, or broker, or lender. Additionally, we:
You acknowledge that if you choose to use the Site, PeppyWallet.com does not represent you in any scope and in any Transaction, or in any consultations or negotiations relating to a potential Transaction. Additionally, we highly recommend that you seek assistance from a licensed financial professional and/or attorney, if applicable, in association with the negotiation and completion of your Transaction.
For purposes of these Terms of Service, "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 site. This includes message boards, chat, and other original content.
By accepting these Terms of Service, you acknowledge and agree that all content presented to you on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of PeppyWallet.com and/or its Affiliates. 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 site 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 site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Neither we nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. See “User’s Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this site 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 PeppyWallet.com or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Service grants you any right to use any trademark, service mark, logo, and/or the name of PeppyWallet.com or its Affiliates.
PEPPYWALLET.COM DOES NOT MAKE ANY CLAIMS AND WARRANTIES TO YOU REGARDING THE FINANCIAL PRODUCTS OR SERVICES, WHICH INCLUDES ANY WARRANTIES OR REPRESENTATIONS THAT YOU WILL OBTAIN AN ACCEPTABLE PRODUCT OR SERVICES FOR YOUR CURRENT OR FUTURE FINANCIAL SITUATION, RECEIVE ANY INQUIRIES REGARDING YOUR FINANCIAL PRODUCTS OR SERVICES, OR ONLY RECEIVE LEGITIMATE INQUIRIES OR SOLICITATIONS FROM QUALIFIED BORROWERS OR FINANCIAL SERVICES CONSUMERS.
You will indemnify and hold our subsidiaries, affiliates, agents, and all employees as well as us, not accountable and harmless from any liability, accountability, fines, cost, charge, claim or demand, which may include court costs, reasonable attorneys' fees, and other costs made by any third party which are arising out of your breach of this Terms of Service, or your violation of the rights of any third party or any law, or incurred by us as a result of your default under this Agreement of the Terms of Service.
In the event of a data security breach that requires us to notify you, we will send you notification by email. You must therefore keep your registered email address current. You must promptly notify us of any change in your email address on record contacting firstname.lastname@example.org and providing your updated email address and updating your contact information. By your continued use of the site and our services, you consent to receive electronic notice in the event of such a breach.
All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at email@example.com, if by email, or at 12847 Daylight Drive, 1215, St. Louis, MO, 63131 if by conventional mail. Notices to you may be sent to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
You may not access the Service if you are a direct competitor of PeppyWallet.com, except with PeppyWallet.com's prior written consent. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way; (ii) modify or make derivative works based upon the Service or the Content; (iii) create Internet "links" to the Service or "frame" or "mirror" any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service. User licenses cannot be shared or used by more than one individual User but may be reassigned from time to time to new Users who are replacing former Users who have terminated employment or otherwise changed job status or function and no longer use the Service.
Because the Site is an advertising platform, in the event that you have a dispute with an advertiser, you release PeppyWallet.com and its affiliates (and its respective officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes.
Even though this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.
This Site may include advertisements and Promotional Offers offered by third parties. You will be subject to the terms, conditions and restrictions mentioned in the Promotional Offer in addition to these Terms. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
PeppyWallet.com reserves the right in its sole discretion to improve, modify or remove any information or content appearing on the Site, and may discontinue or revise any or all aspects of the Site in its sole discretion and without prior notice. Without limiting the foregoing, PeppyWallet.com reserves the right to change the terms and conditions under which the Site are offered at any time. Additionally, PeppyWallet.com will provide notice of and the effective date of such changes. It is your responsibility to check terms and conditions of this Agreement at the time of each use.
PeppyWallet.com may modify the Terms of Service including any linked policies contained herein, in the future. You agree that we may notify you of the Updated Terms by posting them on this Terms of Service page on our Site so that they are accessible via a link on the home page, and that your use of our Services after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify), you agree to be bound by the then-current version of the Terms of Service, including any changes we may have made since the last time you used our Services. It is therefore important that you review the Terms of Service regularly to ensure you are aware of any such changes. The updated Terms of Service will be effective as of the time of posting, or such later date as may be specified in the updated Terms of Service, and will apply to your use of the Services from that point forward.
If you have any questions about this Terms of Service, please email us firstname.lastname@example.org.
©2019 PeppyWallet.com, 12847 Daylight Drive, 1215, St. Louis, MO, 63131
You understand and agree that any individual or entity, which may include but is not limited to directors, affiliates, officers, third party agents, employees, or independent contractors of such individuals or entities, that violates any term of these Terms of Service (including, but not limited to, accessing the Site without proper or previous authorization, or accessing the Site in excess of the authorization granted by these Terms of Service), agrees not to enforce and is excluded from enforcing, and covenants not to sue to enforce, any term or provision in any contract which governs the use of any individual or entity's website, which include, Terms of Service, terms and conditions, and terms of service, asserted by such entity, individual or any affiliate thereof, as binding on PeppyWallet.com or any of its affiliates.
PeppyWallet.com may rely on your written agreement or electronic signature in order to create a valid, binding agreement. PeppyWallet.com may also send emails regarding its various services and products, and you hereby expressly agree to receiving such emails. The policies and Sections which are intended to survive, shall survive any cancellation or termination of the Agreement.
Additionally, no partnership, franchiser-franchisee, joint venture, agency, or employee-employer relationship is created or intended by this Agreement. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
In any action to enforce these Terms of Service, the prevailing party will be entitled to costs and attorneys fees. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
Any failure by us to enforce or exercise any provision of these Terms of Service or related rights shall not constitute a waiver of that right or provision.
If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.