PeachWiz Terms of Use

1. TERMS ACCEPTANCE

PeachWiz is a Progressive Web Application (PWA) that provides a collection of online resources, including a B2B and B2C Directory & Marketplace comprising of business, product, service information and associated digital media, classified ads, blogs, catalogs, and various communication tools such as live messaging, chat, email, SMS, and InApp notification services available on or through PeachWiz (referred to hereafter as “the Service”) subject to the following Terms of Use (“TOU”). By using the Service in any way, you are agreeing to comply with the TOU, as well as when using particular PeachWiz services, you agree to abide by any applicable posted guidelines for all PeachWiz services, which may change from time to time. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Service in any way, your only recourse is to Deactivate your account and/or immediately discontinue using the Service.

2. MODIFICATIONS TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.

3. POSTINGS

Posting or Posts refers to any writings, data or digital media content published or submitted on, via, through or using any part, service, api or program module from PeachWiz.

4. COMMUNICATIONS & CONTENT

You understand that all communications and content comprising of advertisements, listings, postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service are the sole responsibility of the person from whom such Content originated.

More specifically, you are entirely responsible for each individual item of Content that you post, send, message, email or otherwise make available via the Service. Likewise, if you request the assistance of PeachWiz or acting on behalf of a company account or client account to post content, or if you imply consent that PeachWiz or any agent may post content on your behalf, either by written or oral means, or you fail to inform PeachWiz that content should be removed, you are equally responsible for the content.

You waive any and all claims against PeachWiz of a right of publicity for your image or likeness throughout the world by posting any information or pictures of yourself or your brand(s) on PeachWiz. You understand that PeachWiz does not control, and is not responsible for personal Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.

When you post User Content to the Service, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the Content on the Service. By posting Content to any part of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Content for any purpose on or in connection with the Service or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. Furthermore, PeachWiz and Content available through the Service may contain links to other websites, which are completely independent of PeachWiz. PeachWiz makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Following links to any other websites is at your own risk.

You agree that you must evaluate, and bear all risks associated with all your communications, the use of any Content, that you may not rely on said Content, and that under no circumstances will PeachWiz be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that PeachWiz does not pre-screen or approve Content, but that PeachWiz shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.

5. CONDUCT

You agree not to post, email, or otherwise make available Content:

• that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;

• that is pornographic or depicts a human being engaged in sexual activities or exposing sexual organs unfitting for the Service;

• that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

• that suggests a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);

• that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability;

• with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract;

• that impersonates any person or entity, including, but not limited to, a PeachWiz employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);

• that includes personal or identifying information about another person without that person’s explicit consent;

• that is fraudulent, false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;

• that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

• that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;

• that constitutes or contains any form of advertising or solicitation if: posted in areas of PeachWiz which are not designated for such purposes;

• or emailed to PeachWiz users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests. that includes links to commercial services or web sites, except as specifically permitted;

• that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law;

• that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

• that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service;

• or that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

Additionally, you agree not to:

• contact anyone who has asked not to be contacted or not publicly available;

• “stalk” or otherwise harass anyone;

• collect personal data about other users for commercial or unlawful purposes;

• use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – unless expressly permitted by PeachWiz;

• post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;

• attempt to gain unauthorized access to PeachWiz’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or PeachWiz;

• or use any form of automated device or computer program that enables the submission of Content on PeachWiz without such Content being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit Content in bulk, or for automatic submission of Content at regular intervals.

6. THIRD PARTY CONTENT, SITES, AND SERVICES

PeachWiz and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of PeachWiz, including videos, web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.

7. INTERACTIONS

PeachWiz provides media & communications tools in order to facilitate B2B and B2C interactions. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

We do not guarantee the quality, safety or legality of, any Content, the truth or accuracy of the descriptions of any goods or services offered for sale, the right of the sellers to sell or license any such goods or services, or the ability of any buyer to purchase any such goods or services. The Service is designed for experienced buyers accustomed to buying goods and services based on photographs and/or descriptive text. Buyers should assume that any goods offered are not new, unless otherwise stated, nor in perfect condition, and may require touch-up or repairs prior to use and that the available information about the items may be limited.

It is not possible for PeachWiz to verify information provided by the seller of any item.

8. INTERACTIONS LIABILITY

You agree that PeachWiz shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between users of the Service. If there is a dispute between users of the Service, or between users and any third party, you understand and agree that PeachWiz is under no obligation to become involved.

In the event that you have a dispute with one or more other users, you hereby forever release PeachWiz, the company, parent companies, its subsidiaries, its affiliates, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.

9. POSTING AGENTS

A “Posting Agent” is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of a company, a client, or subsidiary.

To moderate demands on PeachWiz’s resources, you may not use a Posting Agent outside of the system to post Content to the Service without express permission or license from PeachWiz.

Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from the originating account.

10. PAID POSTINGS

We may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance with the TOU. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the TOU. Fees collected for specific services, such as subscription services and advertising, are non-refundable unless otherwise stated in writing for a specific promotional program.

11. NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements to PeachWiz email addresses or through PeachWiz computer systems is expressly prohibited by these TOU. Any unauthorized use of PeachWiz computer systems is a violation of the TOU and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties.

12. LIMITATIONS ON SERVICE

You acknowledge that PeachWiz may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that PeachWiz has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that PeachWiz reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that PeachWiz shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

13. ACCESS TO THE SERVICE

PeachWiz grants you a limited, revocable, nonexclusive license to access the Service for your own personal use or business use. This license does not include: (a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by PeachWiz.

A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engine” does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as decorative goods or furniture, or which is in the business of providing classified ad listing services.

PeachWiz does not permit you to display on your website, or create a hyperlink on your website to, individual postings on the Service, outside off the scope of PeachWiz modules and tools or without express permission granted by PeachWiz to do so. You may create a hyperlink to the home page of PeachWiz, so long as the link does not portray PeachWiz, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.

PeachWiz may offer various parts of the Service in XML, RSS, JSON or other Feed format so that users can embed individual feeds into a website or blog, or view postings through third party software news aggregators. PeachWiz permits you to display, excerpt from, and link to the Feeds on your personal website or personal web blog, provided that (a) your use of the Feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the Feed, proper attribution to “PeachWiz” as the source, (d) your use or display does not suggest that PeachWiz promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the Feed, and (f) your use does not overburden PeachWiz’s systems. PeachWiz reserves all rights in the content of the Feed and may terminate any Feed at any time.

Use of the Service beyond the scope of authorized access granted to you by PeachWiz immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a written license from PeachWiz that has been signed by one of PeachWiz’s authorized representatives.

14. TERMINATION OF SERVICE

You agree that PeachWiz, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if PeachWiz believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that PeachWiz shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2-7 and 13-20 shall survive termination of the TOU.

15. PROPRIETARY RIGHTS

The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of PeachWiz.

You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of PeachWiz, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. PeachWiz, as well as certain other of the names, logos, and materials displayed on PeachWiz, constitute trademarks, trade names, service marks or logos (“Marks”) of PeachWiz or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associate therewith remains with PeachWiz or those other entities.

Although PeachWiz does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to PeachWiz an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant PeachWiz all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.

16. NOTIFICATION OF CLAIMS OF INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please send your notice (“Notice”) to PeachWiz’s agent for notice of claims of copyright or other intellectual property infringement by going to the Contact page and submitting your notice our Abuse Team Notice.

Please include the following with your Notice to our Abuse Team:

The identity of the material on PeachWiz that you claim is infringing, in sufficient detail so that we may locate it on the website;

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

Your full name, address, telephone number, and email address;

If the Intellectual property is a trademark or patent you must include the regitration number(s) and current status

A statement by you declaring under penalty of perjury that (i) the above information in your Notice is accurate, and (ii) that you are the owner of the intellectual property interest involved or that you are authorized to act on behalf of that owner.

17. PRIVACY AND INFORMATION DISCLOSURE

PeachWiz may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information. Your personal information is further governed by PeachWiz’s Privacy Policy.

18. DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF PeachWiz AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. PeachWiz AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, PeachWiz DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF PeachWiz AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, PeachWiz DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON PeachWiz OR THE SERVICE, OR ACCESSED THROUGH ANY LINKS ON PeachWiz OR THE SERVICE, INCLUDING WITHOUT LIMITATION, WARRANTY OF TITLE TO OR DELIVERY OF ANY GOOD OR SERVICE, ANY WARRANTY WITH RESPECT TO INTELLECTUAL PROPERTY RIGHTS IN ANY GOOD OR SERVICE, ANY WARRANTY THAT ANY GOOD OR SERVICE CONFORMS TO ITS DESCRIPTION OR THE COLORS, TEXTURE AND DETAIL SHOWN ON THE USER’S COMPUTER MONITOR. TO THE FULLEST EXTENT PERMITTED BY LAW, PeachWiz DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH PeachWiz OR THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PeachWiz, PeachWiz OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

19. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL PeachWiz BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF PeachWiz HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF PeachWiz OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF PeachWiz OR THE SERVICE, FROM INABILITY TO USE PeachWiz OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF PeachWiz OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH PeachWiz OR THE SERVICE OR ANY LINKS ON PeachWiz OR THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH PeachWiz OR THE SERVICE OR ANY LINKS ON PeachWiz. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

20. INDEMNITY

You agree to indemnify and hold PeachWiz, company, officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.

21. GENERAL INFORMATION

The TOU, and any additional terms to which you agree when using particular elements of the Service, constitutes the entire agreement between you and PeachWiz and governs your use of the Service, superseding any prior agreement between you and PeachWiz.

The failure of PeachWiz to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.

22. VIOLATION OF TERMS AND LIQUIDATED DAMAGES

Please report any violations of the TOU by sending an email to notice.

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for PeachWiz to pursue legal action to enforce the TOU, you will be liable to pay PeachWiz the following amounts as liquidated damages, which you accept as reasonable estimates of PeachWiz’s damages for the specified breaches of the TOU:

If you post a message that (i) impersonates any person or entity; (ii) falsely states or otherwise misrepresents your affiliation with a person or entity; or (iii) that includes personal or identifying information about another person without that person’s explicit consent, you agree to pay PeachWiz ten thousand dollars ($10,000) for each such message.

This provision does not apply to messages, posts, listings authorized by the POSTING AGENTS as described in Section 8.

If PeachWiz establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay PeachWiz one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access PeachWiz in excess of such limits, whichever is higher.

If you send unsolicited email advertisements to PeachWiz email addresses or through PeachWiz computer systems, you agree to pay PeachWiz twenty five dollars ($50) for each such email.

If you post Content in violation of the TOU, other than as described above, you agree to pay PeachWiz one hundred dollars ($100) for each item of Content posted. In its sole discretion, PeachWiz may elect to issue a warning before assessing damages.

If you are a Posting Agent that uses the Service in violation of the TOU, in addition to any liquidated damages under clause (d), you agree to pay PeachWiz one hundred dollars ($100) for each and every item of Content posted in violation of the TOU. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the “Principal”), and the Principal (by engaging the Posting Agent in violation of the TOU) agrees to pay PeachWiz an additional one hundred dollars ($100) for each item of Content posted by the Posting Agent on behalf of the principal in violation of the TOU.

If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of the TOU without PeachWiz’s express written permission, you agree to pay PeachWiz three thousand dollars ($3,000) for each day on which you engage in such conduct.

Notwithstanding any other provision of the TOU, PeachWiz retains the right to seek the remedy of specific performance of any term contained in the TOU, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the TOU, or to seek to recover damages arising from or relating to a violation of this TOU or any combination thereof.

23. TERMS OF USE FOR ALL SERVICES

PeachWiz offers a variety of online program modules (the “Programs”) as a convenience to its participating professionals acting on behalf of an organization or business (the "Organization") and persons interested in engaging a professional (the “Consumer”) to perform or receive products or services (the “Offerings”) or information about such Offerings.

As a condition to your use of the Programs and as material inducement on the part of PeachWiz and its Affiliates to offer the Programs, you expressly acknowledge and agree that:

Use of the Programs are at your sole risk. PeachWiz and its Affiliates expressly disclaim any and all warranties of any kind, express or implied arising out of or relating to:

For Consumers:

• a) the Programs

• b) the Professional

• c) the Offerings to be performed by any Professional.

  • i. your use of the Programs

  • ii. the engagement by you of any Professional

  • iii. any acts, negligence, breach of contract or other conduct engaged in by you or by any of the Professional’s agents, vendors, consultants and the like

  • iv. any other matter relating to the Programs.

For Professionals:

• a) the Programs

• b) the Consumers

• c) the agreement between you and the Consumer.

PeachWiz, its Officers, Directors, Members and Employees, as well as PeachWiz Affiliates, shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages or other losses resulting from or relating in any manner to:

• a) your use of the Programs

• b) the engagement of you by any Consumer

• c) any acts, negligence, breach of contract or other conduct engaged in by you or by any of the your or the Consumer’s agents, vendors, consultants and the like

• d) any other matter relating to the Programs.

- In no event will PeachWiz’s liability to you for any reason whatsoever exceed in the aggregate the sum of $10.

- PeachWiz and its Affiliates are not a party to any agreement which you may enter into with a Consumer. If you are engaged by a Consumer, all arrangements in such regard are solely between you and the concerned Consumer.

- If any of the above Terms of Use are found by a court of competent jurisdiction to be invalid, all of the other provisions of the Terms of Use shall remain in full force and effect.

Questions about our services, solutions or programs may be directed to: info

PeachWiz, its Officers, Directors, Members and Employees, as well as PeachWiz Affiliates, shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages or other losses resulting from or relating in any manner to between Consumer and or Professional.

24. BRAND AGREEMENT

Legal Disclaimer: By logging in to your PeachWiz account, you are agreeing to the terms below and you are stating that you have the authority to represent the manufacturer’s products, pricing, and copyrighted material online. If you do not agree to the terms, or if you do not have the legal right to represent this brand relative to the terms below, please do not login to the account.

1) Parties: This “Agreement” between “I” or “me” or the “Company” or the "Organization" and PeachWiz. (“PeachWiz”, together with me, “we” or the “parties”) governs the relationship between the parties. The parties agree to conduct this transaction and permit the creation of this Agreement by electronic means.

2) Content: I hereby license to PeachWiz the use of the images (including logo, products, installation photos, etc.), product catalog, and related data, such as and including product pricing, that I provide or have placed on my website (such images, product catalog, related data, the “Content”) for display on PeachWiz and “Affiliated Sites,” including related websites, social media websites, picture hosting websites, and all other website PeachWiz at its sole discretion believes will provide beneficial exposure to me, and for use in emails, quote requests and promotional materials. I may make suggestions for the best way to showcase my products or display the Content at any time, but PeachWiz retains full discretion regarding what Content (if any) to display, how, and where. I represent and warrant that I have obtained all rights in the Content necessary for PeachWiz to exercise the rights granted hereunder, that the Content is accurate and representative of my products, and that I will update my PeachWiz account with any updates to the Content necessary to keep such Content accurate and representative of my products. PeachWiz and Affiliated Sites are not responsible for any damages associated with the Content or its interpretation.

3) Fees:

(a) Fees: Price as stated on PeachWiz at the time of purchase of any item. Price remains locked for the agreed term in as long as account is kept current. All payments monthly payments are paid upfront at the beginning of the monthly cycle. All yearly payments are paid upfront at the beginning of the annual billing cycle. Payments are automatically deducted from the account on file each billing cycle, unless I cancel my account.

4) Length of Contract: This Agreement is valid up to and until I cancel my account.

5) Billing: In the event that a payment is due on my account, but my credit card on file in no longer valid or active, PeachWiz may attempt to contact me to determine updated account information. PeachWiz will wait thirty (30) days before canceling my account or service.

6) Termination: I may request termination of this agreement at any time. Termination will take effect upon the end of the last day of my billing cycle.

PeachWiz may terminate this agreement at will. In the event PeachWiz terminates this agreement early, and I am not in violation of any term of this Agreement, I will receive a prorated reimbursement for the portion of the billing cycle remaining.

PeachWiz PRIVACY POLICY

It is important for PeachWiz to help our customers retain their privacy when they take advantage of all the Internet has to offer.

We believe your business is no one else's. Your privacy is important to you and to us. So we'll protect the information you share with us. To protect your privacy, PeachWiz follows different principles in accordance with worldwide practices for customer privacy and data protection.

We won't sell or give away [YOUR NAME], mail address, phone number, email address or any other information to anyone.  We'll use state-of-the-art security measures to protect your information from unauthorized users. 

NOTICE

We will ask you when we need information that personally identifies you (personal information) or allows us to contact you. Generally, this information is requested when you create a Registration ID on the site or when you download free software, enter a contest, order email newsletters or join a limited-access premium site. We use your Personal Information for four primary purposes:

To make the site easier for you to use by not having to enter information more than once.  To help you quickly find software, services or information.  To help us create content most relevant to you.  To alert you to product upgrades, special offers, updated information and other new services from PeachWiz. 

CONSENT

If you choose not to register or provide personal information, you can still use most of . But you will not be able to access areas that require registration.

If you decide to register, you will be able to select the kinds of information you want to receive from us by subscribing to various services, like our electronic newsletters. If you do not want us to communicate with you about other offers regarding PeachWiz products, programs, events, or services by email, postal mail, or telephone, you may select the option stating that you do not wish to receive marketing messages from PeachWiz.

ACCESS

We will provide you with the means to ensure that your personal information is correct and current. You may review and update this information at any time at the Visitor Center. There, you can:

View and edit personal information you have already given us.  Tell us whether you want us to send you marketing information, or whether you want third parties to send you their offers by postal mail.  Sign up for electronic newsletters about our services and products.  Register. Once you register, you won't need to do it again. Wherever you go on , your information stays with you.

SECURITY

PeachWiz has taken strong measures to protect the security of your personal information and to ensure that your choices for its intended use are honored. We take strong precautions to protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.

We guarantee your e-commerce transactions to be 100% safe and secure. When you place orders or access your personal account information, you're utilizing secure server software SSL, which encrypts your personal information before it's sent over the Internet. SSL is one of the safest encryption technologies available.

In addition, your transactions are guaranteed under the Fair Credit Billing Act. This Act states that your bank cannot hold you liable for more than $50.00 in fraudulent credit card charges. If your bank does hold you liable for $50.00 or less, we'll cover your liability provided the unauthorized, fraudulent use of your credit card resulted through no fault of your own and from purchases made from us over our secure server. In the event of unauthorized use of your credit card, you must notify your credit card provider in accordance with its reporting rules and procedures.

PeachWiz strictly protects the security of your personal information and honors your choices for its intended use. We carefully protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.

Your personal information is never shared outside the company without your permission, except under conditions explained above. Inside the company, data is stored in password-controlled servers with limited access. Your information may be stored and processed in [COUNTRY] or any other country where PeachWiz, its subsidiaries, affiliates or agents are located.

You also have a significant role in protecting your information. No one can see or edit your personal information without knowing your user name and password, so do not share these with others.

NOTICE TO PARENTS

Parents or guardians: we want to help you guard your children's privacy. We encourage you to talk to your children about safe and responsible use of their Personal Information while using the Internet.

The PeachWiz site does not publish content that is targeted to children. However, if you are concerned about your children providing PeachWiz any personal information without your consent, PeachWiz offers a Kids account. It allows parents to give parental consent for the collection, use and sharing of children's (ages 12 and under) personal information online.

ENFORCEMENT

If for some reason you believe PeachWiz has not adhered to these principles, please notify us by email at [email protected], and we will do our best to determine and correct the problem promptly. Be certain the words Privacy Policy are in the Subject line.

ELECTRONIC PRODUCT REGISTRATION

When you buy and install a new product, we may ask you to register your purchase electronically. When you do, we merge your registration information with any information you've already left with us (we call that information your personal profile). If you haven't previously registered with us, we create a personal profile for you from your product registration information. If you ever want to review or update that information, you can visit the Profile Center, click on Update Profile, and edit any of the Personal Information in your profile. If you haven't already created a Registration ID, we will ask you to do so. This ensures that only you can access your information.

CUSTOMER PROFILES

As mentioned above, every registered customer has a unique personal profile. Each profile is assigned a unique personal identification number, which helps us ensure that only you can access your profile.

When you register, we create your profile, assign a personal identification number, then send this personal identification number back to your hard drive in the form of a cookie, which is a very small bit of code. This code is uniquely yours. It is your passport to seamless travel across , allowing you to download free software, order free newsletters, and visit premium sites without having to fill out registration forms with information you've already provided. Even if you switch computers, you won't have to re-register – just use your Registration ID to identify yourself. 

WHAT WE DO WITH THE INFORMATION YOU SHARE

When you join us, you provide us with your contact information, including [YOUR NAME] and email address. We use this information to send you updates about your order, questionnaires to measure your satisfaction with our service and announcements about new and exciting services that we offer. When you order from us, we ask for your credit card number and billing address. We use this information only to bill you for the product(s) you order at that time. For your convenience, we do save billing information in case you want to order from us again, but we don't use this information again without your permission.

We occasionally hire other companies to provide limited services on our behalf, including packaging, mailing and delivering purchases, answering customer questions about products or services, sending postal mail and processing event registration. We will only provide those companies the information they need to deliver the service, and they are prohibited from using that information for any other purpose.

PeachWiz will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on PeachWiz or the site; (b) protect and defend the rights or property of PeachWiz and its family of Websites, and, (c) act in urgent circumstances to protect the personal safety of users of PeachWiz, its Websites, or the public.