Terms of Use
Effective: 09/09/2013

Introduction

Welcome to DebtConsolidation.com (“DebtConsolidation” “Site” “We” “Us” “Our”). We maintain this Site as a platform to help you obtain the financial services you need. By using this Site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you have no right from DebtConsolidation.com to obtain information from or otherwise use this Site. If at any time you do not agree to this Terms of Use Agreement, you must leave the Web site immediately. Failure to use this Site in accordance with the following terms of use may subject you to severe civil and criminal penalties.

THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION PROVISION THAT REQUIRES YOU TO ARBITRATE INDIVIDUALLY ANY DISPUTES OR CLAIMS YOU MAY HAVE WITH US AND WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR MULTI-PARTY ARBITRATION.

You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to this Site. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to each use of the Site.

Copyright

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed under “Limited Right to Use” below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting by DebtConsolidation.com of information or materials on the Site does not constitute a waiver of any right in such information and materials.

Limited Right to Use

The Site grants you only a revocable, nonexclusive license for use solely by you for personal, noncommercial purposes limited to the use as is reasonably required to view and/or listen to the content and navigate through the pages and links generally available to the public using a standard Internet browser and standard media player, and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, graphic, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal, noncommercial use (but not for resale or redistribution).

Editing, Deleting and Modification

We reserve the right in our sole discretion to change, edit or delete any documents, information or other content appearing on the Site, without notice to you.

Indemnification

You agree to indemnify, defend and hold DebtConsolidation.com and its respective directors, officers, shareholders, employees, agents, attorneys, advertisers, affiliates and publishers (collectively, “Our Affiliated Parties”) harmless from any liability, loss, claim or expense, including reasonable attorneys’ fees, related to your use of the Site or violation of this Agreement.

Nontransferable

Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents from the Site is not transferable.

WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

THE CODE, FORMS, INFORMATION, SERVICES AND OTHER CONTENT AVAILABLE FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DEBTCONSOLIDATION DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTY, (A) THAT ANY CODE, FORMS, SERVICES OR INFORMATION AVAILABLE FROM OR THROUGH THE SITE, OR THE SITE ITSELF WILL BE MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE, (B) THAT ANY CODE, FORMS, SERVICES OR INFORMATION AVAILABLE FROM OR THROUGH THE SITE, OR THE SITE ITSELF WILL BE UNINTERRUPTED OR ERROR-FREE, (C) THAT DEFECTS WILL BE CORRECTED, (D) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (E) THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT, (F) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY, OR (G) AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE CODE, FORMS OR INFORMATION, OR AGAINST INFRINGEMENT. ALL ‘INFORMATION’ AND ‘CODE’ AND ‘FORMS’ AND ‘SERVICES’ PROVIDED IN THE COURSE OF THIS AGREEMENT ARE PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU AS THE USER. WE AND OUR AFFILIATED PARTIES DISCLAIM ANY AND ALL LIABILITY WHATSOEVER ARISING OUT OF YOUR USE OF ANY INFORMATION OR OTHER CONTENT AVAILABLE FROM OR THROUGH THE SITE, OR THE SITE ITSELF. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES SHALL NOT BE LIABLE FOR ANY COMPENSATORY, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE; NOR FOR ANY THIRD PARTY CLAIMS OF ANY NATURE, EVEN IF PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE INFORMATION AND OTHER CONTENT AVAILABLE FROM OR THROUGH THE SITE, AND THE SITE ITSELF, WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, WHICH YOU MAY OBTAIN FROM US OR FROM OR THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPLICITLY STATED IN THIS AGREEMENT.

Links to Other Web Sites

The Site may now, or hereafter from time to time, contain links to third-party web sites. We do not control, investigate, monitor or check such web sites, we are not responsible for the computer programs available from, content in or opinions expressed at such web sites, and we do not investigate, monitor or review any such web sites. We provide such third-party links only as a convenience to visitors of the Site, and the inclusion of a link does not imply approval or endorsement of the linked site by us. If you decide to leave the Site and access any third-party web site, you do so at your own risk.

Export Control

Any text, logos, designs, graphics, images, sounds, information, documents, or other materials (collectively, “Materials”) available from or through the Site are or may be subject to United States export controls. No such Materials from this site may be downloaded or otherwise exported or re-exported (1) into (or to a national or resident of) Cuba, Iran, Libya, Sudan, Syria, North Korea, or any other country to which the United States has embargoed goods; or (2) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders (each, a “Restricted List”). By viewing, using or downloading any Materials from the Site, you are warranting that you are not located in, under the control of, or a national or resident of any such country or on any Restricted List.

Privacy and Data Collection

DebtConsolidation does not collect personally identifiable information from users of the Site or third parties except as consented to by such users (for example, when completing a DebtConsolidation inquiry) and in accordance with the Site Privacy Policy. DebtConsolidation’s information practices are further described in the DebtConsolidation Privacy Policy. The DebtConsolidation Privacy Policy is part of this Agreement, and you agree that use of data as described in the Privacy Policy is not an actionable breach of your privacy or publicity rights. If you have entered into another agreement with DebtConsolidation then you may be subject to additional or different provisions regarding privacy and data collection. If you would like more information, please read the DebtConsolidation Privacy Policy. You should consider any communication that you transmit to DebtConsolidation (such as data, questions or answers, comments, or suggestions) as non-confidential, and agree that DebtConsolidation will not be liable or responsible if information that belongs to you is intercepted and used by an unintended recipient.

Miscellaneous

This Agreement shall be treated as though it were executed and performed in the state of Delaware, and shall be governed by and construed in accordance with the laws of the United States of America and of the state of Delaware (without regard to conflict of law principles). Without limiting the general applicability of the “Mandatory Arbitration” set forth below, any cause of action by you with respect to the Site (and/or information, documents and other materials contained therein) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth under “Warranty Disclaimer and Limitation of Liability” above. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against you or us. You expressly submit to the exclusive personal jurisdiction and venue of the state courts with respect to all matters relating to this Agreement or your use of the Site, and consent to extra-territorial service of process in connection therewith. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.

Mandatory Arbitration

If you have any dispute concerning any aspect of these Terms of Use, the Website, or any of our services, you agree to submit your dispute for resolution by arbitration before the American Arbitration Association (“AAA”) in the county where you live by filing a Demand for Arbitration. The arbitrator will have exclusive authority to resolve any dispute including any claim that all or any part of these Terms of Website Use are unenforceable.

If we have a dispute, we will submit our dispute for resolution by arbitration before the AAA in the state of Delaware. If either party files for arbitration, it will be conducted in accordance with the then current AAA Commercial Arbitration Rules. The arbitrator will have exclusive authority to resolve any dispute including any claim related to your use of the Website, or any of our services. If either party proceeds to arbitration, each party will pay its own AAA filing, administration and arbitrator fees unless the arbitrator determines that a party’s claim is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), in which case the party submitting such claim shall pay for all filing, administration and arbitrator fees. For claims brought by you of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. The arbitrator may award any form of individual or equitable relief, including injunctive relief. Any award will be final and conclusive to the parties and may be entered in any court of competent jurisdiction. Each party agrees that the arbitration proceedings and results of such proceedings shall be kept confidential. This provision shall not be construed to preclude any party from seeking injunctive relief in a court of competent jurisdiction to protect its rights pending an outcome in arbitration.

You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in such a suit. These Terms of Use do not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent agreement.

YOU ACKNOWLEDGE AND AGREE THAT, VIA YOUR ACCEPTANCE OF THESE DISPUTE RESOLUTION PROVISIONS, YOU WAIVE ANY RIGHT TO A JURY TRIAL, AS WELL AS YOUR RIGHT TO BRING, JOIN OR PARTICIPATE AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS ACTION SUIT OR MULTI-PARTY ARBITRATION BROUGHT AGAINST US, ANY PERSON RELATED TO US OR A SERVICE PROVIDER USED BY US TO PROVIDE THE SERVICE.

Consent and Changes

DebtConsolidation may find it necessary or be legally obligated to update this Agreement from time to time. When we do, we will post those changes on this page and update the effective date. Any changes will become effective immediately following its posting, unless otherwise stated. Except as otherwise required by law, modifications to this Agreement will not affect you prior to the effective date of the policy change.