Terms and Conditions
Agreement between User and www.peachyfreshthinking.com
Welcome to www.peachyfreshthinking.com. The www.peachyfreshthinking.com website (the
“Site”) is comprised of various web pages operated by Peachy (“Peachy”).
www.peachyfreshthinking.com is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of
www.peachyfreshthinking.com constitutes your agreement to all such Terms. Please read these
terms carefully, and keep a copy of them for your reference.
www.peachyfreshthinking.com is a Forum/Online discussion Site.
The purpose of the website is to share information and ideas among a community of small business
owners. There is open access and member only content. The website includes propriety videos,
downloadable resources, a purchasaba community forum, coupons, a blog, and article library.
Visiting www.peachyfreshthinking.com or sending emails to Peachy constitutes electronic
communications. You consent to receive electronic communications and you agree that all
agreements, notices, disclosures and other communications that we provide to you electronically,
via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. You may not assign or otherwise transfer
your account to any other person or entity. You acknowledge that Peachy is not responsible for
third party access to your account that results from theft or misappropriation of your account.
Peachy and its associates reserve the right to refuse or cancel service, terminate accounts, or
remove or edit content in our sole discretion.
Children Under Thirteen
Peachy does not knowingly collect, either online or offline, personal information from persons
under the age of thirteen. If you are under 18, you may use www.peachyfreshthinking.com only
with permission of a parent or guardian.
You may cancel your monthly membership anytime. Monthly fees are not pro-rated for
cancellations. Funds will be refunded to the original method payment. Annual subscriptions are
non-refundable. Please contact Peachy with any questions at email@example.com.
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Links to Third Party Sites/Third Party Services
www.peachyfreshthinking.com may contain links to other websites (“Linked Sites”). The Linked
Sites are not under the control of Peachy and Peachy is not responsible for the contents of any
Linked Site, including without limitation any link contained in a Linked Site, or any changes or
updates to a Linked Site. Peachy is providing these links to you only as a convenience, and the
inclusion of any link does not imply endorsement by Peachy of the site or any association with its
Certain services made available via www.peachyfreshthinking.com are delivered by third party
sites and organizations. By using any product, service or functionality originating from the
www.peachyfreshthinking.com domain, you hereby acknowledge and consent that Peachy may
share such information and data with any third party with whom Peachy has a contractual
relationship to provide the requested product, service or functionality on behalf of
www.peachyfreshthinking.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
your use of the Site, you warrant to Peachy that you will not use the Site for any purpose that is
unlawful or prohibited by these Terms. You may not use the Site in any manner which could
damage, disable, overburden, or impair the Site or interfere with any other party’s use and
enjoyment of the Site. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of Peachy or its suppliers
and protected by copyright and other laws that protect intellectual property and proprietary rights.
You agree to observe and abide by all copyright and other proprietary notices, legends or other
restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
Peachy content is not for resale. Your use of the Site does not entitle you to make any
unauthorized use of any protected content, and in particular you will not delete or alter any
proprietary rights or attribution notices in any content. You will use protected content solely for
your personal use, and will make no other use of the content without the express written
permission of Peachy and the copyright owner. You agree that you do not acquire any ownership
rights in any protected content. We do not grant you any licenses, express or implied, to the
intellectual property of Peachy or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities,
personal web pages, calendars, and/or other message or communication facilities designed to
enable you to communicate with the public at large or with a group (collectively, “Communication
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Services”). You agree to use the Communication Services only to post, send and receive messages
and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service,
you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as
rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material
or information; upload files that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or
have received all necessary consents; upload files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation of another’s computer; advertise or
offer to sell or buy any goods or services for any business purpose, unless such Communication
Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes
or chain letters; download any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete
any author attributions, legal or other proper notices or proprietary designations or labels of the
origin or source of software or other material contained in a file that is uploaded; restrict or inhibit
any other user from using and enjoying the Communication Services; violate any code of conduct
or other guidelines which may be applicable for any particular Communication Service; harvest or
otherwise collect information about others, including e-mail addresses, without their consent;
violate any applicable laws or regulations.
Peachy has no obligation to monitor the Communication Services. However, Peachy reserves the
right to review materials posted to a Communication Service and to remove any materials in its
sole discretion. Peachy reserves the right to terminate your access to any or all of the
Communication Services at any time without notice for any reason whatsoever.
Peachy reserves the right at all times to disclose any information as necessary to satisfy any
applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to
remove any information or materials, in whole or in part, in Peachy’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your
children in any Communication Service. Peachy does not control or endorse the content, messages
or information found in any Communication Service and, therefore, Peachy specifically disclaims
any liability with regard to the Communication Services and any actions resulting from your
participation in any Communication Service. Managers and hosts are not authorized Peachy
spokespersons, and their views do not necessarily reflect those of Peachy.
Materials uploaded to a Communication Service may be subject to posted limitations on usage,
reproduction and/or dissemination. You are responsible for adhering to such limitations if you
upload the materials.
Materials Provided to www.peachyfreshthinking.com or Posted on Any Peachy Web Page
Peachy does not claim ownership of the materials you provide to www.peachyfreshthinking.com
(including feedback and suggestions) or post, upload, input or submit to any Peachy Site or our
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associated services (collectively “Submissions”). However, by posting, uploading, inputting,
providing or submitting your Submission you are granting Peachy, our affiliated companies and
necessary sublicensees permission to use your Submission in connection with the operation of their
Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish
your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein.
Peachy is under no obligation to post or use any Submission you may provide and may remove
any Submission at any time in Peachy’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and
represent that you own or otherwise control all of the rights to your Submission as described in this
section including, without limitation, all the rights necessary for you to provide, post, upload, input
or submit the Submissions.
Third Party Accounts
You will be able to connect your Peachy account to third party accounts. By connecting your
Peachy account to your third party account, you acknowledge and agree that you are consenting
to the continuous release of information about you to others (in accordance with your privacy
settings on those third party sites). If you do not want information about you to be shared in this
manner, do not use this feature.
The Service is controlled, operated and administered by Peachy from our offices within the USA.
If you access the Service from a location outside the USA, you are responsible for compliance
with all local laws. You agree that you will not use the Peachy Content accessed through
www.peachyfreshthinking.com in any country or in any manner prohibited by any applicable laws,
restrictions or regulations.
You agree to indemnify, defend and hold harmless Peachy, its officers, directors, employees,
agents and third parties, for any losses, costs, liabilities and expenses (including reasonable
attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any
user postings made by you, your violation of any terms of this Agreement or your violation of any
rights of a third party, or your violation of any applicable laws, rules or regulations. Peachy
reserves the right, at its own cost, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you will fully cooperate with Peachy in
asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or
otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved
only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single
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neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration
service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s
award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the
event that any legal or equitable action, proceeding or arbitration arises out of or concerns these
Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable
attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and
Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or
indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree
that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The
entire dispute, including the scope and enforceability of this arbitration provision shall be
determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class
arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH
AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE
OTHER. Further, unless both you and Peachy agree otherwise, the arbitrator may not consolidate
more than one person’s claims, and may not otherwise preside over any form of a representative
or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. PEACHY AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
PEACHY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS
IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. PEACHY AND/OR ITS
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH
REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
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SHALL PEACHY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY
OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR
FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE,
OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
PEACHY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF
DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF
YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF
DISCONTINUE USING THE SITE.
Peachy reserves the right, in its sole discretion, to terminate your access to the Site and the related
services or any portion thereof at any time, without notice. To the maximum extent permitted by
law, this agreement is governed by the laws of the State of California and you hereby consent to
the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to
the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all
provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between
you and Peachy as a result of this agreement or use of the Site. Peachy’s performance of this
agreement is subject to existing laws and legal process, and nothing contained in this agreement is
in derogation of Peachy’s right to comply with governmental, court and law enforcement requests
or requirements relating to your use of the Site or information provided to or gathered by Peachy
with respect to such use. If any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable provision will be deemed superseded
by a valid, enforceable provision that most closely matches the intent of the original provision and
the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user
and Peachy with respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user and Peachy
with respect to the Site. A printed version of this agreement and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings based upon or relating to this
agreement to the same extent and subject to the same conditions as other business documents and
records originally generated and maintained in printed form. It is the express wish to the parties
that this agreement and all related documents be written in English.
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Changes to Terms
Peachy reserves the right, in its sole discretion, to change the Terms under which
www.peachyfreshthinking.com is offered. The most current version of the Terms will supersede all
previous versions. Peachy encourages you to periodically review the Terms to stay informed of our
Peachy welcomes your questions or comments regarding the Terms:
1027 Greenfield Drive, Suite B
El Cajon, California 92021
Effective as of June 19, 2020