Terms and Conditions of Use

Definitions.

1. "PeachForms.com" refers to Michael R. Dunham d/b/a PeachForms.com, and to the website, http://www.PeachForms.com. "PeachForms.com" also refers collectively to its affiliates, service providers, and vendors, as well as any officer, director, shareholder, employee, or independent contractor of PeachForms.com and its affiliates, service providers, and vendors, as appropriate.
2. "User" refers to any consumer of any product or service provided by PeachForms.com; anyone who visits any web site or page owned or hosted by PeachForms.com; and any person seeking or demanding the production (compulsory or otherwise) by PeachForms.com of any information belonging to or relating to any other User.
3. "Terms" refers to these Terms of Service.
4. "Georgia" refers to the State of Georgia in the United States of America.

Acceptance of Terms.

All products and services offered by PeachForms.com, as well as the PeachForms.com web site and related or affiliated web sites, are subject to these Terms. PeachForms.com reserves the right to add to or modify these Terms at any time, within its sole discretion and at its sole option, and it is the User's responsibility to periodically review these Terms for the most current version thereof. Use or continuation of use of any PeachForms.com product or service following modification of these Terms shall be deemed acceptance of such Terms as modified. All Users agree to comply with and be bound by these Terms.

Privacy Policy.

1. PeachForms.com occasionally collects personal information about Users, such information to include without limitation the following: name, physical address, email address, phone number, fax number, and credit card information. Under no circumstances will any User's personal information be sold or otherwise shared with any other person or entity except to the extent reasonably necessary (a) to complete a transaction between PeachForms.com and the User; (b) for PeachForms.com to provide products or services to the User; and (c) as may be required by law.
2. In addition to personal information PeachForms.com collects in accord with this privacy policy, it is possible and permissible for Users to submit personal information and other data which may be visible to third parties. The degree to which some such information may be accessible to third parties is the responsibility of the User submitting such information. However, in no event can PeachForms.com be held responsible for the publication of personal information submitted by Users in this fashion.
3. The responsibility to maintain the currency and accuracy of all personal information provided by a User is that of the User, not of PeachForms.com.
4. PeachForms.com is committed to maintaining the security of the data provided to it and has put in place appropriate policies and procedures to maintain the physical and electronic security of that data.
5. In the event any User seeks to compel PeachForms.com to produce information relating to any other User, PeachForms.com reserves the right to resist such efforts by any available legal means, and the User who is compelling or attempting to compel the production of such information agrees to pay any and all expenses incurred by PeachForms.com relating to such efforts.

Description of Products and Services.

1. PeachForms.com products typically consist of applications accessed through a web browser, whereby a User will input and/or upload data, calculations or other manipulations of that data will be performed, and the User may optionally print the resulting report and/or download the data for future use.
2. PeachForms.com presently offers the following products, to which these Terms shall apply:
   • the "Financial Affidavit" product, which allows a User to create a Domestic Relations Financial Affidavit in a form consistent with Rule 24.2 of the Uniform Superior Court Rules of Georgia;
   • the "Child Support Estimator" product, which allows a User to estimate child support obligations in a typical Georgia domestic relations case given a limited amount of information;
   • the "Hubby Calculator" product, which allows a User to calculate shares of equity in a piece of property following the methodology of the Georgia Supreme Court in its decision in Hubby v. Hubby, 274 Ga. 525 (2001);
   • the "Visitation Planning Calculator" product, which allows a User to calculate parenting time for separated or divorced parents in a typical Georgia domestic relations case;
   • the "Judgment Interest Calculator" product, which allows a User to calculate simple interest accruing on a judgment and to properly apply payments to the balance due thereon;
   • the "Days From Calculator" product, which allows a User to calculate the date occurring a specified number of days after a given date; and
   • PeachForms.com also offers "mobile" versions of some of its products, to which these Terms also apply.
3. In addition to the products and services described above, PeachForms.com may from time to time offer additional products or services, to which these Terms shall apply.

Disclaimers, Limitation of Liability, and Indemnification.

1. All Users expressly understand and agree that use of any PeachForms.com product or service is at the sole risk of the User. All PeachForms.com products and services are provided on an "as is" basis. PeachForms.com expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for any purpose, fitness for a particular purpose, and non-infringement. PeachForms.com shall not be responsible for any error or omission relating to the accuracy or reliability of any information related to any PeachForms.com product or service. PeachForms.com reserves the right to take any action it deems necessary for periodic maintenance, service, or upgrades, without prior notice. PeachForms.com reserves the right to remove any information or content on its web site, at its sole option and in its sole discretion, although PeachForms.com is under no obligation to do so. PeachForms.com is not responsible for any loss, damage, or loss of data resulting from download or use of any of its products or services. No advice, interpretation, representation, or other statement made by or on behalf of PeachForms.com shall be deemed to grant or create any warranty not expressly provided for in these Terms. Under no circumstances shall PeachForms.com be responsible for any economic or non-economic claim, action, demand, loss, damages, or injury resulting from (a) the use of, or inability to use, any PeachForms.com product or service; (b) unauthorized access to, alteration of, or disclosure of transmissions or data; (c) statements, representations, or conduct of any third party relating to any PeachForms.com product or service; or (d) any other act, omission, or matter relating to any PeachForms.com product or service. These exclusions shall not apply where prohibited by law. In all cases, PeachForms.com's total liability to anyone relating to the use or purchase of any particular PeachForms.com product or service shall be limited to the amount such person or entity has paid directly to PeachForms.com for that product or service.
2. All persons subject to these Terms agree to indemnify and hold PeachForms.com (including all persons and entities affiliated with PeachForms.com as defined above) harmless from any economic or non-economic claim, action, demand, loss, damages, or injury made by, incurred by, resulting from, or relating to the use of any product or service of PeachForms.com by any third party, including but not limited to attorney's fees and punitive or other damages.
3. To the extent the use of PeachForms.com products and services may require access to the internet, email, and/or the world wide web, procurement of such access is the responsibility of the User, not of PeachForms.com, and PeachForms.com shall not be responsible for any loss suffered by any User's inability to access the internet, email, and/or the world wide web.

Copyright.

All content and other information displayed on, downloaded from, or used in connection with the PeachForms.com site, including but not limited to the layout and design associated with such content, all trademarks and service marks, and trade names (collectively, the "Content"), are the property of PeachForms.com or their respective owners and are protected, without limitation, pursuant to all appropriate U.S. and foreign copyright, trademark, patent, trade secret, and other laws. Users are hereby granted a non-exclusive, non-assignable, non-transferable license to use and display any such Content for noncommercial, personal use, provided all copyright and other notices contained in or related to such Content must be maintained in their original form. However, no one may reproduce, modify, create derivative works from, or otherwise distribute or circulate any Content to any third party or through any third party medium without PeachForms.com's express, prior, written permission. In addition, no one may decompile, reverse engineer, or disassemble any software or other product belonging to PeachForms.com or accessible through PeachForms.com's web site. Any unauthorized or prohibited use may subject the offender to civil and/or criminal liability under any applicable laws.

User-Submitted and Third-Party Content.

1. PeachForms.com allows for Users to post, upload, and otherwise submit content. Such User-submitted content and the risks associated therewith are the sole responsibility of the submitting User, and under no circumstances will PeachForms.com accept any responsibility or liability relating to the use or misuse of User-submitted content, for errors or omissions relating to User-submitted content, or for the security of such User-submitted content. PeachForms.com does not claim ownership of User-submitted content, but submission of such content to PeachForms.com, either through the web site or by any other means, constitutes the grant of a worldwide, royalty-free, non-exclusive, perpetual, and irrevocable license to use, reproduce, distribute, or create derivative works from the User-submitted content, which license is transferable, assignable, and sub-licensable at PeachForms.com's sole option. PeachForms.com has the right, but not the obligation, to move or remove any User-submitted content for any reason, at PeachForms.com's sole option and in PeachForms.com's sole discretion. PeachForms.com also has the right, but not the obligation, to archive and/or disclose any User-submitted content to any third party for any reason, at PeachForms.com's sole option and in PeachForms.com's sole discretion. PeachForms.com has no responsibility to maintain the confidentiality of any aspect of any User-submitted content, to the extent such content may be deemed to have been confidential in any respect. Note that Users may be subjected to User-submitted content which they may find offensive, indecent, objectionable, or obscene, which risk shall be borne by such Users and not by PeachForms.com.
2. PeachForms.com's web site may include links to third-party web sites, and third-party web sites may include links to PeachForms.com. The existence of a third-party link to or from PeachForms.com should not be deemed to imply or represent any type of affiliation or other relationship between PeachForms.com and any other third party. Under no circumstances will PeachForms.com accept any responsibility or liability relating to any content, product, or service provided on a third party's web site or server which is outside of PeachForms.com's control or for the availability of such content. PeachForms.com has the right, but not the obligation, to disable any link to or from any third-party web site, at PeachForms.com's sole option and in PeachForms.com's sole discretion. By following such links, Users acknowledge PeachForms.com is not in any way responsible for such third-party content or for any damage or loss which they may incur as a result of such third-party content.

Acceptable Use Policy.

Users may not use any PeachForms.com product or service, including but not limited to the message forums hosted by PeachForms.com, in a manner which violates any of the following Terms or conditions:

1. No User may transmit any content which, intentionally or unintentionally, violates any applicable local, state, national, or international law, statute, rule, or regulation, including but not limited to copyright, trademark, and other intellectual property laws and regulations.
2. No User may threaten, injure, harass, or attempt to threaten, injure, or harass any person or property or collect personally identifying information of any other person or entity.
3. No User may transmit any content to any person or entity designated by any government as a foreign terrorist organization under the laws of that country.
4. No User may transmit any content which might be deemed obscene, vulgar, pornographic, profane, or indecent.
5. No User may make any fraudulent offer to buy or sell any product or service.
6. No User may transmit any content which they do not have a right to make available under any law or contractual or other relationship.
7. No User may transmit any content which has the effect of misleading any other person or entity as to the User's identity. The use of a nickname, however, is allowed, so long as such nickname does not have the effect of misleading any other person or entity as to the User's identity.
8. No User may transmit any unsolicited commercial or bulk email.
9. No User may transmit any content containing software viruses or other malicious code intended to interrupt, damage, destroy, or limit the functionality of any computer software, computer hardware, or other telecommunications equipment.
10. No User may attempt to access any account, software, or hardware which belongs to PeachForms.com or to any person or entity other than that User, unless that User has such person's or entity's express permission to do so.

Jurisdiction, Choice of Law, and Choice of Forum.

Unless otherwise agreed, all persons subject to these Terms and PeachForms.com agree to submit to the personal and exclusive jurisdiction of the courts located within the territorial limits of Georgia. These Terms shall be construed in accord with the laws of Georgia, without regard to any conflict of laws provisions then in force in that jurisdiction.

Termination.

PeachForms.com reserves the right to terminate these Terms at any time, with or without cause, at its sole option and within its sole discretion. A User may terminate the agreement with PeachForms.com under these Terms only by submitting a written request to PeachForms.com and by immediately and forever discontinuing use of all PeachForms.com products and services and deleting or destroying all copies of all PeachForms.com products and services, as well as any data generated by the User in relation to such products and services, within the User's possession, custody, or control. Refunds in any amount will only be offered in accord with such Terms and conditions as PeachForms.com may from time to time publish. In the event of the suspension or termination of any PeachForms.com product or service, PeachForms.com shall not be held responsible for any consequences of the User's inability to use or access such product or service.

Entire Agreement.

These Terms constitute the sole and entire agreement between PeachForms.com and each User (as that term is defined above) regarding and governing such User's use of any PeachForms.com product or service. Such agreement supersedes any prior agreement between such User and PeachForms.com with respect to any and all PeachForms.com products and services. If any provision of these Terms shall be judicially determined invalid or unenforceable, all other provisions not deemed invalid or unenforceable will remain in effect and will be enforced as written.