PeopleJoy Terms of Service

Terms of Use

Welcome to PeopleJoy.com, the website and online service of PeopleJoy Inc. (“PeopleJoy,” “we,” or “us”). This page explains the terms by which you may use our online services, website, and software provided on or in connection with the service (collectively the “Service”). PeopleJoy is NOT a debt counseling or debt consolidation plan or service. By accessing or using the Service through any direct or indirect means, you signify that you have read, understood, and agree to be bound by these Terms of Use (this “Agreement”) and to the collection and use of your information as set forth in the PeopleJoy Privacy Policy, whether or not you are a registered user of our Service. This Agreement applies to all visitors, users, and others who access the Service (“Users”). We may amend these TOS at any time by posting a revised version on app.ed.peoplejoy.com or any other website we maintain for purposes of providing the PeopleJoy Platform or PeopleJoy Accounts. Amendments to the TOS are effective at the time we post them and your continued use of your PeopleJoy Account constitutes acceptance of any amendments. PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. The disclosures and consent required under certain state laws are deemed to be provided, received and agreed to by use of the Service.

Use of Our Service

Service features

PeopleJoy makes the Service available as a platform in which Users can receive access to employer sponsored Tuition Reimbursement, Student Loan Repayment Assistance, Public Service Loan Forgiveness Assistance, Digital College Financial Planner benefits and request conditional offers for products and services from third parties (“Offers”) through distinct User features (“Feature”).

Eligibility

You may use the Service only if you can form a binding contract with PeopleJoy, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under the age of majority in which they reside is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by PeopleJoy.

PeopleJoy Service

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service as permitted by the features of the Service. PeopleJoy reserves all rights not expressly granted herein in the Service and the PeopleJoy Content (as defined below). PeopleJoy may terminate this license at any time with or without notice and for any reason or no reason.

How the Service Works

Student Loan Repayment Assistance

Student Loan Repayment Assistance: As a part of the Service, your employer may voluntarily agree to assist with repaying a portion of your student loan during your employment, facilitated through PeopleJoy. Your employer may permanently or temporarily terminate or suspend their contribution towards your student loan through the Service without notice and liability for any reason. Tax-free Student Loan Repayment Assistance Plan If the company offers a Tax-Free Student Loan Repayment Assistance Plan, Federal and private student loans qualify for tax-free contributions under a section 127 Student Loan Repayment plan, so long as the loan was taken out for the employee’s own college tuition and related expenses. These loan types INCLUDE: Direct Subsidized, Unsubsidized, Consolidation, and Grad Plus loans; Stafford Subsidized, Unsubsidized, Consolidation, and Plus loans; and Perkins Loans and Private Student Loans. Each employee has a $5,250 maximum, which renews annually based on Plan Year. Unused amounts may not be carried over from year to year. These loan types EXCLUDE: Direct Parent Plus loans taken out for the benefit of an employee’s dependent, Private parent loans taken out for the benefit of an employee’s dependent, and Student loans guaranteed, or serviced by, non-U.S. entities. If the company offers a Tax-Free Student Loan Repayment Assistance Plan, by accepting the Agreement, you verify that the loans were taken out for the employee’s own college tuition and related expenses. Taxable Student Loan Repayment Assistance Plan All federal and private student loans taken out for the purpose of the employee’s own college tuition and related expenses qualify when the company offers a Taxable plan. In addition, the following loans also qualify: Direct Parent Plus loans taken out for the benefit of an employee’s dependent, Private parent loans taken out for the benefit of an employee’s dependent, and Student loans guaranteed, or serviced by, non-U.S. entities The following types of loans do not qualify for participation in taxable or tax-free student loan repayment plans:

Co-signed loans, or any other loan where the employee is not the primary borrower on the loan;
Any non-student loan such as a personal loan, home equity loan, credit card, or other revolving debt facilities; and
Defaulted loans that have been turned over to a collection agency.

Tuition Reimbursement: As a part of the Service, your employer may voluntarily agree to assist with contributing towards a Tuition Reimbursement program during your employment, facilitated through PeopleJoy. Tax-free Tuition Reimbursement Program If your employer offers a tax-free Tuition Reimbursement Program, 100% of all qualified out-of-pocket educational expenses not covered elsewhere in the plan up to a maximum amount of $5,250 are eligible. Each employee has a $5,250 maximum, which renews annually based on Plan Year. Unused amounts may not be carried over from year to year. Taxable Tuition Reimbursement Program If your employer offers a taxable Tuition Reimbursement Program, the terms and conditions will be outlined in your employer’s tuition assistance program policy. Public Service Loan Forgiveness Assistance The Service enables Users to identify and access helpful information and resources about the appropriate government loan programs and submit any required documents to their loan servicer and/or Department of Education. Disclosures: The calculations shown in the tool are estimates only. For federal loans, we calculate your loan forgiveness and minimum monthly payments based on information you provide to us and repayment plan definitions from the Department of Education. Your actual monthly payment amounts, and loan forgiveness may vary from the results shown and will be based on terms in effect at the time of your application. Pre-Qualification: You may also be eligible to use a function of our Service which provides you a preliminary assessment based on simplified criteria as to what Offer options may be available to you from Providers based on limited personal profile information (“Pre-Qualification”). Pre-Qualification is indicative only. Information and interactive functions within the Service, like Pre-Qualification, are made available to you as self-help tools for your independent use and are not intended to provide investment or other advice. You may not rely upon the information provided through the Pre-Qualification to make a decision about any Offer made by a Provider through the Service or for any other reason. Use of Pre-Qualification does not guarantee approval or qualification for any Offer. PeopleJoy makes no warranties whatsoever about the information contained within any Pre-Qualification nor its applicability or accuracy in regard to your individual circumstances.

Simplified Process

The Service provides Users with a simplified process for completing Offer request forms.

“ACCOUNT INFORMATION” The Service simplifies the process of completing and submitting Offer requests by working with third party service partners to access your account information and externally stored personal profile information (“Account Information”) maintained online by third party financial institutions and other organizations, subscription providers, and other third parties with which Users have customer relationships, maintain accounts, or engage in financial transactions (“Accounts”). By entering your login details such as usernames and passwords (“Login Details”) for your Accounts, our third party partners can access your Account Information and then provide it to us so that certain fields on Offer request forms within the Service can be automatically populated without you having to enter that information (“Auto-Population”).
“CONFIRMING YOUR IDENTITY” You may also be given the opportunity for additional Auto-Population of Offer request forms by authorizing one of PeopleJoy’s third party providers to confirm your identity. When confirming your identity, the relevant third party provider may also be able to access further information, which is then provided to us to assist further with Auto-Population.

Auto-Population processes are optional features of the Service. If you agree to use any of these processes, you authorize our third party service providers to collect, use and share your information with us as necessary to provide you with the features of those processes. We do not store the Login Details for your Accounts. You represent, warrant, acknowledge and agree that you are solely responsible for the accuracy and content of your Account Information as accessed by third parties.

Third-Party Offers

The “Offers” feature permits individual Users to access the Service to complete and submit Offer requests to multiple third-party providers (“Providers”). Providers may, in turn, choose to respond with Offers.PeopleJoy’s Service is purely administrative. The Service enables Users to submit Offer requests to Providers for additional services such as student loan refinancing. Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by PeopleJoy, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. PeopleJoy does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any third-party in connection with the Service. Under no circumstances will PeopleJoy or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on or through the Service or transmitted to or by any Providers or Users. All of the foregoing is purely an administrative function which you, as a User, request that PeopleJoy conduct as a part of the Service.

Submitting Offer requests to Providers

By indicating (e.g., by clicking on a button or checking a box) an acceptance or agreement to terms, a continuance of processing or submission, you understand that you are consenting, acknowledging and agreeing to the stated terms and conditions of that submission and that you are submitting an Offer request to a Provider or each of the Providers to whom your Offer request is transmitted. At that point, you authorize PeopleJoy to submit your information to a number of Providers in the product market for which you are seeking Offers. You acknowledge that when your information is submitted to Providers, your information may be submitted in the form of a Provider’s application for credit, the relevant disclosures and terms of which you have reviewed, agree to and accept. When submitting an Offer request, you also authorize PeopleJoy and Providers to request, from one or multiple credit reporting agencies, your credit bureau report including any ancillary credit scores or ratings and to verify that your Offer request form is true or accurate and to verify your identity. You also understand that you are providing written instructions in accordance with the Fair Credit Reporting Act and other applicable law for PeopleJoy and Providers to receive information about you from third parties, including but not limited to a copy of your consumer credit report and score from consumer reporting agencies, at any time for so long as you have an active PeopleJoy account. By accepting this Agreement, you waive any and all claims against PeopleJoy and its affiliates and its and their respective officers, directors, employees, contractors and agents, and its Providers for the acts or omissions of these third parties with regard to the use or disclosure of such information. You further understand and agree that you are authorizing PeopleJoy to retain a copy of all such information received, including the information that you are submitting through the Offer request or that you provide to PeopleJoy from time to time, either directly or indirectly, and to use that information to match you with product and service offers from PeopleJoy’s marketing partners and Providers. You are also indicating that you have reviewed and have agreed to our ESIGN Consent to Use Electronic Records and Signatures for PeopleJoy, Inc. Services., are consenting, acknowledging, and agreeing to receive important notices, disclosures, and other communications in electronic form (either by email or via the internet) from PeopleJoy and Providers. Providers have their own processes under which they evaluate your Offer request, which are external to the Service and independent of PeopleJoy. Once your Offer request has been submitted to Providers, you will receive responses directly, and/or on your PeopleJoy Profile as to whether any Providers wish to make you an Offer. The receipt of complete responses from Providers may take an indefinite period of time.

Rights you Grant to PeopleJoy

In order for you to receive Offers from Providers through the Service, PeopleJoy is required to submit Offer requests on your behalf. You hereby permit, authorize and direct PeopleJoy to use information submitted by you through the Service (including through our third party service providers) to accomplish the foregoing and to facilitate your use of the Service so that it is compatible for the submission of Offer request forms with Provider sites, which may take the form of an application for credit. For all purposes hereof, you hereby grant PeopleJoy your consent, in any and all capacities, to use your information, submit Offer requests in any form compatible with Provider requirements, retrieve Offers, and, all as described above, with the full power and authority to do and perform each thing necessary in connection with such activities, as you could in person. You grant PeopleJoy such consent in exchange for receiving the Services and/or Features provided by PeopleJoy. You hereby agree that Providers shall not be bound to inquire into such consent and that Providers shall be fully protected in relying on such consent. In the event that you, as a User, nominate a co-signer to be included on your Offer request, you also agree to extend, and that you have obtained, the aforementioned consent to allow PeopleJoy to share Provider responses and/or Offers relating to your Offer request with your nominated co-signer. PEOPLEJOY DOES NOT ACCEPT ANY OFFER ON YOUR BEHALF, NOR MAKE ANY DECISION ON ANY OFFER WHATSOEVER. ACCEPTING OFFERS IS SOLELY THE RESPONSIBILITY OF YOU, THE USER OF THE SERVICE, AND IS NOT AN ADMINISTRATIVE FUNCTION PERFORMED BY PEOPLEJOY.

Technical Requirements

You understand that in order to access the Service, you will need and have access to an email address and internet access.

Electronic Signatures and Records

You have the right to receive any document in non-electronic form and to withdraw your consent to electronic delivery at any time by contacting PeopleJoy by emailing support@PeopleJoy.com. PeopleJoy is not responsible for any errors or delays in responding to an Offer request caused by, including but not limited to, an incorrect email address provided by you, the acts or omissions of any third party or other technical problems beyond our reasonable control. PeopleJoy cannot always foresee or anticipate technical or other difficulties that may result in failure to obtain data or loss of data, personalization settings or other Service interruptions. PeopleJoy cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any User data, communications or personalization settings.

User Relationship with PeopleJoy

When you submit information, create an account or otherwise register for the Service through PeopleJoy or otherwise, you understand and agree that you have established a business relationship between you and PeopleJoy.

Offers

We do not guarantee acceptance into any particular Offer or specific terms and conditions of an Offer with any Provider, these are the sole decisions of Providers. Likewise, we do not guarantee that the terms, rates or any financial measure placed on an Offer and made available by any Provider are the best terms or lowest rates or other measure available in the market. We are not a party to the dealing, contracting and fulfillment of any Offer(s). We are not required to and do not verify any information given to us by Users or Providers. We do not endorse or recommend the products, services or Offers of any particular Provider accessed by you as a part of the Service. Any correspondence you have with Providers, as well as their Offers or promotions, including the delivery of and the payment for products and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and Providers. We assume no liability, obligation or responsibility for any part of any such correspondence, Offers or promotions. A Provider is solely responsible for its Offers and services to you, and you agree that PeopleJoy shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of Offers or Provider services. Any Offer made by or associated with a Provider may be subject to market conditions, approval and qualification. The rates and fees provided by or associated with a Provider may be higher or lower depending on factors such as your complete credit profile and collateral/property considerations (if applicable) in measures as defined by a Provider and the terms and conditions of a relevant Offer. For the avoidance of doubt, final Offer rates and fees are a matter between Providers and Users, and are not determined by, nor the responsibility of, PeopleJoy.

Provider Relationship with PeopleJoy

PeopleJoy may earn a commission or fee from the Provider of the Offer(s) when a User accepts such Offer(s) and/or submits Offer request(s). Your use of the Service constitutes your acknowledgement of and agreement with this compensation arrangement.

Marketing Partners

PeopleJoy has relationships with various groups, associations and marketing partners that promote the Service (“Marketing Partners”). You may have reached the Service through a Marketing Partner. Marketing Partners may receive a commission or fee from PeopleJoy for providing marketing services.

Third-Party Beneficiary

You acknowledge and agree that the value, reputation and goodwill of the Service depend on your performance of your covenants and agreements as set forth in your Offer(s). You therefore appoint PeopleJoy as a third party beneficiary of your Offer(s) for the purposes of enforcing the obligations owed to, and the benefits conferred on, PeopleJoy by this Agreement. You further agree that PeopleJoy has the right to take such actions with respect to the Offer(s) or your account, including without limitation suspension, termination, or legal actions, as PeopleJoy in its sole discretion deems necessary to protect the value, reputation, and goodwill of the Service.

No Investment Recommendations or Professional Advice

The Service is not intended to provide tax, legal, insurance or investment advice. You alone are solely responsible for determining whether any investment, security, strategy, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should consult an attorney or tax professional regarding your specific legal or tax situation.

No Brokering

PeopleJoy is not a broker of financial services. PeopleJoy does not, directly or indirectly (i) make or procure, attempt to make or procure, or offer to make or procure a loan of money or extension of credit; (ii) assist or advise Users in obtaining or attempting to obtain a loan of money or line of credit; or (iii) solicit for loans. PeopleJoy does not take applications or make credit decisions in connection with Offer requests that you may choose to submit. PeopleJoy is not registered or licensed by any state or federal government entity for the Service.

No Agency

This Agreement and any registration for or subsequent use of the Service will not be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between you and PeopleJoy, except and solely to the extent expressly stated herein.

PeopleJoy Accounts

Your PeopleJoy account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion.

NO FALSE INFORMATION. You agree to provide true, accurate and complete information as prompted by the registration form and all forms you access through the Service, and to update this information to maintain its truthfulness, accuracy and completeness. PeopleJoy makes no warranties about any of your information, either to you or to Providers. You cannot register for more than one User account without express written permission from PeopleJoy.
EXCLUSIVE USE. Your User account is for your personal use only. You may never use another User’s account, nor authorize others to use your account, nor assign or otherwise transfer your account to any other person or entity. You are solely responsible for the activity that occurs on your account.
ACCOUNT SECURITY. You must keep your User account password secure. We encourage and may require you to use “strong” passwords (e.g., passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify PeopleJoy immediately of any breach of security or unauthorized use of your account. PeopleJoy will not be liable for any losses caused by any unauthorized use of your account.
VERIFIED CUSTOMER RECORD. In order to use the payment functionality of our application, you must open a "Dwolla Account" provided by Dwolla, Inc. and you must accept the Dwolla Terms of Service and Privacy Policy. Any funds held in or transferred through your Dwolla Account are held or transferred by Dwolla's financial institution partners. You must be at least 18 years old to create a Dwolla Account. You authorize us to collect and share with Dwolla your personal information including full name, date of birth, social security number, physical address, email address and financial information, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla Account through our application, and Dwolla account notifications will be sent by us, not Dwolla. We will provide customer support for your Dwolla Account activity, and can be reached at support@peoplejoy.com and/or 1-800-653-1812.
EMAIL AND TELEPHONE CONSENT. By providing PeopleJoy your email address you consent to our using your email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your account settings. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers. By submitting an Offer request, you consent to being contacted on the telephone by text message or calling at the number(s) that you have provided, irrespective of whether they appear on a ‘Do Not Call’ list.

Additional Information In some circumstances, Providers may require further information prior to making a decision on your Offer request. You hereby authorize Providers to contact you directly or to contact PeopleJoy (who may in turn, contact you) in order to request additional information. To help the government fight identity theft, the funding of terrorism and money laundering activities, PeopleJoy and Providers may obtain, verify and record information that identifies each person who opens an account with them. You may be required to provide your Social Security Number, address, telephone number, date of birth and other important information that will allow PeopleJoy and Providers to properly identify you. PeopleJoy and Providers may also ask to see your driver’s license or other identifying documentation to further assist in verifying your identity. In addition, you acknowledge that PeopleJoy and Providers may access your credit file even if your Social Security Number is not provided.

Fees

You will be responsible for promptly paying for any closing costs associated with your Offer (such as loan processing, underwriting or funding fees, application fees).

Service Rules

You agree not to engage in any of the following prohibited activities:

ADVERTISING AND COMMERCIAL SOLICITATION. You will not advertise or solicit any User to buy or sell any products or services except as expressly permitted by the Services and this Agreement. Further, you will not use any information obtained from the Service in order to advertise to, solicit, or sell to any User without their prior explicit consent.
NO HARASSMENT. You will not harass, annoy, intimidate or threaten any User(s) or PeopleJoy employees or agents engaged in providing any portion of the Service to you.
THIRD PARTY INFORMATION. You will not post, upload or otherwise make publicly available through the Service any personal or financial information of any third party.
TECHNOLOGICAL USE. You will not, as determined by PeopleJoy in its sole discretion, engage in any of the following activities in connection with the Service: (a) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (b) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the PeopleJoy servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (c) transmitting spam, chain letters, or other unsolicited email; (d) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (e) taking any action that imposes or may impose an unreasonable or disproportionately large load on the Service; (f) uploading invalid data, viruses, worms, or other software agents on or through the Service; (g) collecting or harvesting any personally identifiable information, including account names, from the Service; (h) interfering with the proper working of the Service; (i) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (j) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.

We may, at any time with or without prior notice, change the Service; stop providing the Service or features of the Service to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement. You are solely responsible for your interactions with other PeopleJoy Users and Providers. We reserve the right, but have no obligation, to monitor disputes between you and other Users or Providers. PeopleJoy shall have no liability for your interactions with other Users or Providers, or for any User’s or Provider’s action or inaction.

User Content

Some areas of the Service may allow Users to post content such as profile information, comments, questions, and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the Service, “User Content”). We claim no ownership rights over User Content created by you. The User Content you create remains yours; however, by sharing User Content through the Service, you agree to allow others to view, edit, and/or share your User Content in accordance with your settings and this Agreement. PeopleJoy has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service. You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. PeopleJoy reserves the right, but is not obligated, to reject and/or remove any User Content that PeopleJoy believes, in its sole discretion, violates these provisions. For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction. In connection with your User Content, you affirm, represent and warrant the following:

You have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
Your User Content and PeopleJoy’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
PeopleJoy may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate. PeopleJoy takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that PeopleJoy shall not be liable for any damages you allege to incur as a result of User Content.

User Content License Grant

By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to PeopleJoy a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and PeopleJoy’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under this Agreement.

Our Proprietary Rights

Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “PeopleJoy Content”), and all Intellectual Property Rights related thereto, are the exclusive property of PeopleJoy and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any PeopleJoy Content. Use of the PeopleJoy Content for any purpose not expressly permitted by this Agreement is strictly prohibited. The PeopleJoy Content may not be used to disparage PeopleJoy, the Providers, any applicable third party or the Offers or Service, nor shall they be used in any manner that may damage any goodwill of the PeopleJoy Content. Use of any PeopleJoy Content as part of a link to or from any site is prohibited unless establishment of such link is approved in advance by PeopleJoy in writing. You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place PeopleJoy under any fiduciary or other obligation, and that we are free to use the Idea for any lawful purpose without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, PeopleJoy does not waive any rights to use similar or related ideas previously known to PeopleJoy, or developed by its employees, or obtained from sources other than you.

Privacy

We care about the privacy of our Users. You understand that by using the Service you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to and processed in the United States.

Security

PeopleJoy uses commercially reasonable physical, organizational, and technical safeguards to preserve the integrity and security of your personal information and implement your privacy settings. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk. Further information about PeopleJoy’s security processes can be found in our Privacy Policy.

DMCA Notice

Since we respect artist and content owner rights, it is PeopleJoy’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify PeopleJoy’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:

An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work that you claim has been infringed;
Identification of the material that is claimed to be infringing and where it is located on the Service;
Information reasonably sufficient to permit PeopleJoy to contact you, such as your address, telephone number, and, email address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following DMCA Agent: Attn: DMCA Notice PeopleJoy Inc. Address: 3401 Market Street, Ste. 200 Philadelphia, Pennsylvania, 19104 Telephone: 800.653.1812 Email: support@PeopleJoy.com Under federal law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees. Please note that this procedure is exclusively for notifying PeopleJoy and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with PeopleJoy’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws In accordance with the DMCA and other applicable law, PeopleJoy has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. PeopleJoy may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Interest Rates

Not all Users of the PeopleJoy Service will receive Offers with the lowest interest rates from Providers. Interest rates are determined by Providers and to qualify for the lowest interest rates, Users will need to meet conditions determined by these Providers. Interest rates and terms offered by Providers are subject to change at any time without notice.

Partnership Agreements

PeopleJoy discloses that it may have a partnership agreements with partners named on communications. These partners may be the beneficiaries of a revenue-sharing arrangements with PeopleJoy (“Partnership”). A Partnership has no impact on the Offers Users may receive from the PeopleJoy platform, and Users are under no obligation to refinance their loans because of their existing relationship with the named partners.

Third Party Sites

The Service may contain links to third party (including Providers) websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by PeopleJoy. PeopleJoy does not endorse or assume any responsibility for any third party sites, information, materials, products, or services. If you access a third party or Provider website from the Service, you do so at your own risk, and you understand that this Agreement and PeopleJoy’s Privacy Policy do not apply to your use of such sites. You expressly relieve PeopleJoy from any and all liability arising from your use of any third party or Provider website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that PeopleJoy shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

Indemnity

You agree to defend, indemnify and hold harmless PeopleJoy and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.

No Warranty

For the purposes of sections titled “No Warranty” and “Limitation of Liability”, “third party” also includes Providers. The Service is provided on an “as is” and “as available” basis. Use of the Service is at your own risk. Nothing in the Service constitutes debt counseling, investment advice, legal advice and/or other professional advice. To the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, PeopleJoy, its subsidiaries, its affiliates, and its licensors do not warrant that the Service, including any content therein, is accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download or your use of the Service. PeopleJoy does not warrant, endorse, guarantee, or assume responsibility for any product or Service advertised or offered by a third party through the PeopleJoy Service or any hyperlinked website or service, and PeopleJoy will not be a party to or in any way monitor any transaction between you and third party providers of products or services. Through your use of the Service, you may have opportunities to engage in commercial transactions with third parties. You acknowledge that all transactions relating to any products or services offered by any third 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 identified, arranged or executed through, or in connection with the Service, 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 the Service from a third party is provided solely by such third party, and not by PeopleJoy or its affiliates.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall PeopleJoy or its affiliates, or their respective agents, officers, directors, employees, suppliers or licensors, be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, this Service. Under no circumstances will PeopleJoy be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or your account or the information contained therein. To the maximum extent permitted by applicable law, PeopleJoy assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our Service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or (vii) user content or the defamatory, offensive, or illegal conduct of any third party. In no event shall PeopleJoy, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to PeopleJoy hereunder or $100.00, whichever is greater. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if PeopleJoy has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. Further, we shall not be liable in any way for third party goods and services offered through the Service or in connection with conducting commercial transactions through this site, including without limitation the processing of orders. Some states do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this Agreement will not apply to the extent prohibited by applicable law. The Service is controlled and operated from facilities in the United States. PeopleJoy makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.

Consent to Receive calls (including SMS text messages) from PeopleJoy in regard to my account under the Telephone Consumer Protection Act You expressly consent and agree to receive communications (including but not limited to prerecorded or artificial voice message calls, text messages, and calls made by an automatic telephone dialing system) from Evolve Bank & Trust, its affiliates, successors and assigns, and third-party service providers acting on their behalf, such as PeopleJoy, Inc., (together, “we” or “us”) regarding PeopleJoy’s Services, at any telephone number that you provide to us, now and in the future, including cellular telephone numbers. You agree to notify us if any telephone number associated with your PeopleJoy account changes or is reassigned to a new subscriber. You certify that you are authorized to provide this consent because you are either the subscriber of the telephone number you provide or a non-subscriber customary user with authority to provide this consent. Standard communication rates, fees, and charges from your telephone service provider may apply. You agree that we may monitor and record any communications between you and us for quality assurance and other permitted business purposes. You understand and agree that we may always communicate with you in any manner allowed by law that does not require your consent. You understand text messages we send and text messages you send to us may be seen by anyone with access to your cell phone. To stop text messages, you can also simply reply “STOP” to any text message we may send you.

Governing Law and Arbitration

Governing Law. You agree that: (i) the Service shall be deemed solely based in Pennsylvania; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over PeopleJoy, either specific or general, in jurisdictions other than Pennsylvania. This Agreement shall be governed by the internal substantive laws of the Commonwealth of Pennsylvania, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Philadelphia, Pennsylvania for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.
Arbitration For any dispute with PeopleJoy, you agree to first contact us at support@PeopleJoy.com and attempt to resolve the dispute with us informally. In the unlikely event that PeopleJoy has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any PeopleJoy claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. The arbitration will be conducted in Philadelphia, Pennsylvania, unless you and PeopleJoy agree otherwise. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND PEOPLEJOY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

General

Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by PeopleJoy without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Notification Procedures and Changes to the Agreement. PeopleJoy may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by PeopleJoy in our sole discretion. PeopleJoy reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. PeopleJoy is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. PeopleJoy may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the bottom of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service.
Entire Agreement/Severability. This Agreement, together with any amendments and any additional agreements you may enter into with PeopleJoy in connection with the Service, shall constitute the entire agreement between you and PeopleJoy concerning the Service and supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and PeopleJoy with respect to the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and PeopleJoy’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Contact. Please contact us support@PeopleJoy.com with any questions regarding this Agreement.