Effective Date: September 30, 2018
ARBITRATION NOTICE AND CLASS ACTION WAIVER: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS OR COLLECTIVE ACTION LAWSUIT, OR CLASS OR COLLECTIVE ARBITRATION.
Please note that we offer the Site “AS IS” and without warranties. If you create an account or use the Site on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept this Agreement on such individual’s or entity’s behalf.
1. ABOUT THE SITE
2. IMPORTANT INFORMATION ABOUT DEBT SOLUTION PROVIDER RELATIONSHIPS AND DEBT SOLUTION PROVIDER LISTS
In connection with using the Site to find and connect with Debt Solution Providers, you understand that:
YOU ARE RESPONSIBLE FOR CHOOSING YOUR OWN DEBT SOLUTION PROVIDER, INCLUDING WITHOUT LIMITATION, DETERMINING WHETHER THE APPLICABLE DEBT SOLUTION PROVIDER IS SUITABLE FOR YOUR FINANCIAL NEEDS BASED ON SPECIALTY, EXPERIENCE, QUALIFICATION, LICENSES AND OTHER IMPORTANT FACTS AND CIRCUMSTANCES THAT COULD IMPACT YOUR DECISION.
DebtMD or its designee takes certain limited steps to verify that Debt Solution Providers participating in the Site hold certain active licenses, certifications or registrations required by law to practice the specialties of the services offered by them through the Site. DebtMD may also exclude Debt Solution Providers from our Site who, in DebtMD’s discretion, have engaged in inappropriate or unprofessional conduct. DebtMD does NOT include all of the available financial offers from its partner companies.
Some Debt Solution Providers listed through the Site enter into contracts with us, and may pay us a fee in order to be marketed through or to use the Site. To help you find Debt Solution Providers who may be suitable for your needs, and enable the maximum choice and diversity of Debt Solution Providers participating in the Site, we will provide you with lists and/or profiles of Debt Solution Providers. These results are based on information that you provide to us, such as credit score, annual income, and total debt owed. They may also be based on other criteria (including, for example, Debt Solution Provider availability, past selections by and/or ratings of Debt Solution Providers by you or by other DebtMD users, and past experience of DebtMD users with Debt Solution Providers). Note that DebtMD (a) does not recommend or endorse any Debt Solution Providers, (b) does not make any representations or warranties with respect to these Debt Solution Providers or the quality of the debt services they may provide, and (c) does not receive any additional fees from Debt Solution Providers for featuring them (i.e., higher or better placement on lists) through the Site (subject to Sponsored Results as described below). We may show you advertisements or sponsored results (“Sponsored Results”) on the Site, including above the search results. DebtMD receives additional fees from Debt Solution Providers for providing Sponsored Results. Sponsored Results shown through the Site are not, and should not be considered, an endorsement or recommendation by DebtMD of the Debt Solution Provider.
3. THE SITE AND CONTENT ARE INFORMATIONAL AND EDUCATIONAL RESOURCES
The Site is an informational and educational resource for consumers and Debt Solution Providers. We may, but have no obligation to, publish Content through the Site that is reviewed by our editorial personnel. No party (including DebtMD) involved in the preparation or publication of such works guarantee that the Content is timely, accurate or complete, and they will not be responsible or liable for any errors or omissions in, or for the results obtained from the use of, such Content.
Debt Solution Provider Content:
Debt Solution Provider Content is intended for general reference purposes only. Debt Solution Provider Content may be provided by the Debt Solution Provider and/or office staff, and collected from multiple other data sources that may not be confirmed by the Debt Solution Provider. Such Content can change frequently and may become out of date, incomplete or inaccurate. Neither the Site nor DebtMD provides any advice or qualification certification about any particular Debt Solution Provider.
Financial and debt related Content (“Financial Content”) is intended for general reference purposes and for your convenience only. Such Financial Content may be based on Personal Information (as defined below) you provide to us as well as Debt Solution Provider Content. The Financial Content may be provided either directly by the debt solution provider you identify or via a third-party clearinghouse. Financial Content can change frequently and may become out of date, incomplete or inaccurate. Although DebtMD strives to provide you with accurate Financial Content, we are not responsible for any inaccurate, incomplete or outdated Financial Content.
4. YOUR PERSONAL INFORMATION
By providing us with your email address through the Smart Debt Analyzer or any other field on the site, you agree to receive newsletters, promotional materials, or other relevant content.
5. YOUR RESPONSIBILITIES
5.1 Your General Responsibilities
The Site is free, but you are still responsible for your debt solution expenses. Usual, customary and any other charges for any debt or related services rendered by Debt Solution Providers will apply and will be entirely your responsibility. You are responsible for ensuring that all information that you provide to DebtMD is accurate. Ultimately, you must resolve any dispute between you or any Debt Solution Provider arising from any transaction hereunder directly with the Debt Solution Provider.
You are responsible for all use of the Site. You may only use the Site for lawful, non-commercial purposes. You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to any of the Site, computer systems, or networks, through hacking, password mining or any other means. You may not accumulate or index, directly or indirectly, any Content or portion of the Site (including, without limitation, Debt Solution Provider Content, and Financial Content) for any purpose whatsoever.
5.2 Responsibilities of Debt Solution Providers and Others in the Financial Industry
If you are a Debt Solution Provider or other person or entity in the financial industry, regardless of whether you maintain a relationship with DebtMD through the Site, you acknowledge and agree that you will not use the Site, directly or indirectly, to engage in any anti-competitive, deceptive or unfair practices, or otherwise violate applicable antitrust, competition or consumer protection laws, or regulations.
6. CHANGES TO THE SITE AND NEW SERVICES
We may from time to time add new features to the Site, substitute a new service for one of the existing services, or discontinue or suspend one of the existing services. Under no circumstances will DebtMD be liable for any suspension or discontinuation of any of the services or portion thereof, and the use of new services will be governed by this Agreement.
7. LINKS TO OTHER WEBSITES
While using the Site, you may encounter links to other websites. These links are provided for your convenience only and we do not endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other websites. Although we attempt to link to trustworthy websites, it is possible that they will contain materials that are objectionable, unlawful, or inaccurate and we will not be responsible or liable for the legality or decency of material contained in or accessed through such other websites.
8. CONTENT YOU POST OR SUBMIT
You may have the opportunity to submit feedback regarding your experiences with Debt Solution Providers you find through the Site, to submit inquiries concerning possible financial needs and to participate in the other interactive or community features of the Site (collectively, “Posted Information”). It is important that you act responsibly when providing Posted Information.
DebtMD reserves the right to investigate and, at our discretion, remove any offending communication from the Site and blocking your use of the Site. By posting Posted Information through the Site, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, to DebtMD an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Information and to adapt, edit, translate, prepare derivative works of, or incorporate into other works, such Posted Information.
9. YOUR USE OF CONTENT
All of the Content is owned by us and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Site and any underlying technology or software used in connection with the Site contain DebtMD’s proprietary information. We give you permission to use the Content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Site. You may print, download, and store information from the Site for your own convenience, but you may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the Content, or exploit the Site in whole or in part, for any commercial gain or purpose whatsoever. Except as expressly provided herein, neither DebtMD nor its suppliers grant you any express or implied rights, and all rights in the Site not expressly granted by DebtMD to you are retained by DebtMD.
The materials on the Site are provided "as is". DebtMD makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. DebtMD is compensated by its partners when a user is referred to them. Further, DebtMD does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site. DebtMD does not sell data it collects from its users with third parties. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Site. We have no special relationship with or fiduciary duty to you.
DebtMD receives compensation from its lending partners. Compensation may affect the placement and presentation of the lenders and offers that are presented to you on the website. DebtMD is not a lender in any transaction and does not make loans. All credit decisions, including loan approval and the conditional rates and terms you are offered, are the responsibility of the lender partners and will vary based upon your loan request, your particular financial situation, and criteria determined by the lenders to whom you are matched. Not all consumers will qualify for the advertised rates and terms.
11. GENERAL LIMITATION OF LIABILITY
IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SITE AND/OR THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR FINANCIAL MALPRACTICE OR NEGLIGENCE OF DEBT SOLUTION PROVIDERS UTILIZED THROUGH USE OF THE SERVICES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED IN ACCORDANCE HEREIN TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent and other affiliates, from all liabilities, claims, demands and expenses, including attorney’s fees, that arise from or are related to (a) your use of the Site and/or Services, or (b) the violation of this Agreement, or of any intellectual property or other right of any person or entity, by you. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.
13.1 Electronic Contracting
13.3 Limitation of Claims
No action arising under or in connection with this Agreement, regardless of the form, may be brought by you more than one (1) year after the cause of action arose; actions brought thereafter are forever barred.
In the event any one or more of the provisions of this Agreement shall for any reason be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired. Further, the invalid, illegal or unenforceable provision shall be replaced by a provision that comes closest to the intention of the parties that underlie the invalid, illegal or unenforceable provision, except to the extent no such provision is valid, legal and enforceable, in which case such invalid, illegal or unenforceable provision shall be limited or eliminated to the minimum extent necessary so that the other provisions of this Agreement remain in full force and effect and enforceable.