The following are links to the documents relating to the Assignment for the Benefit of Pebble Industries, Inc., Pebble Technology, Corp.
Please be advised that on December 6, 2016, Pebble Industries, Inc. and Pebble Technology, Corp. (collectively, the “Company” or “Pebble”) entered into an Assignment for the Benefit of Creditors (“Assignment”) and appointed Pebble Tech (assignment for the benefit of creditors), LLC as assignee (“Assignee”). An Assignment is a state level insolvency proceeding undertaken under state law, in this case California, with the primary governing law found in California Code of Civil Procedure sections 493.010 to 493.060, sections 1800 to 1802, and section 1204.
Shortly following the Assignment, also on December 6, 2016, the Assignee sold certain assets, including intellectual property related to software and firmware development (the “Acquired Assets”), to Fitbit, Inc. (NYSE:FIT) (“Fitbit”), the leader of the connected health and fitness category. As part of its purchase of the Acquired Assets from Pebble, Fitbit hired certain personnel and assumed from Pebble a limited set of Pebble’s liabilities. These “Assumed Liabilities” relate solely to certain contracts Fitbit is assuming from the Company and certain employee, tax, and other obligations that arise after the Assignment and the closing of the sale to Fitbit. All other liabilities are “Retained Liabilities” of Pebble to be addressed through the Assignment process as described below and in the embedded links.
Under California law, creditors will be notified within 30 days of the Assignment by a written notice. This notice will outline the process by which creditors may file a proof of claim to establish a claim for any obligations due and includes a link to an automated claim filing site www.proofofclaims.com/PebbleTech; a copy of the notice is included on this web site for your information, and the deadline to file a claim is approximately 180 days (as required by law) from the date of the Assignment.
For the Company, the Assignee continues to monetize any remaining assets and will compile all claims of creditors and distribute recoveries, if any, on a pro-rata basis to creditors based on each claim’s priority following the filing deadline.
Please note that Pebble is no longer promoting, manufacturing, or selling any devices, and that Pebble functionality or service quality may be reduced in the future. Orders from www.pebble.com are no longer being accepted or fulfilled, including any pre-orders which have not yet been charged or shipped. Warranty support is no longer available for Pebble watches. How-to information and troubleshooting can still be found on the Company’s support website at help.getpebble.com and in the Pebble user forum at forums.pebble.com. Pebble watches purchased at retail may be returned or exchanged based on the retailer’s return policy.
Other user-related information and information related to the Company’s sale of certain assets to Fitbit may be found via the Company’s blog post at blog.getpebble.com/2016/12/07/fitbit.
The Assignment entity is a California limited liability company, Pebble Tech (assignment for the benefit of creditors), LLC (“Assignee”). The Assignee is a special purpose entity established to liquidate the assets of the Company, compile claims, and distribute proceeds, if any, to creditors according to the priority established in the California Code. You should note that with the exception of the relationship created by the Assignment, the Company and Assignee have no corporate affiliations to each other.
The Assignee may be contacted at:
Pebble Tech (assignment for the benefit of creditors), LLC
P.O. Box 391600
Mountain View, CA 94039-1600
Access to and use of this World Wide Web site (the “Proof of Claim Web site”) is provided subject to these terms and conditions. PLEASE READ THESE TERMS CAREFULLY AS USE OF THIS SITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS.
DISCLAIMER OF WARRANTY
The services, information or data (collectively, “Information”) made available at the Proof of Claim Web site are provided “AS IS”, without warranties of any kind. The sponsor of the Proof of Claim Web site (the “Sponsor”) expressly disclaims any representations and warranties, including without limitation, the implied warranties of merchantability and fitness for a particular purpose and shall have absolutely no liability in connection with the services including without limitation, any liability for damage to your computer hardware, data, Information, materials and business resulting from the Information or the lack of information available on the Proof of Claim Web site. The Sponsor shall have no liability for:
Any loss or injury caused, in whole or in part, by its actions, omissions, or negligence, or for contingencies beyond its control, in procuring, compiling, or delivering the Information;
Any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information; or
Any decision made or action taken or not taken in reliance upon the Information furnished hereunder.
The Sponsor makes no warranty, representation or guaranty as to the content, sequence, accuracy, timeliness or completeness of the Information or that the Information may be relied upon for any reason or that the Information will be uninterrupted or error free or that any defects can be corrected.
LIMITATION OF LIABILITY
Under no circumstances shall the Sponsor be liable for any losses or damages whatsoever, whether in contract, tort or otherwise, from the use of, or reliance on, the Information, or from the use of the Internet generally.