Debt.com’s Terms and Conditions
Last updated: July 20th, 2023.
AGREEMENT BETWEEN USER AND DEBT.COM
These Terms and Conditions of Use (“Agreement”) are a legal agreement between you and Debt.com, LLC (hereinafter referred to as “Website Owner”), the owner and developer of Debt.com (the “Site”). By using, registering, or otherwise interacting with the Site for any service provided through Debt.com, you agree to be bound by all of the terms and conditions (the “Terms”) set forth in this Agreement. You understand that you are not able to modify these terms and that you must accept all terms “AS-IS.” Should you choose not to accept all terms, simply do not register, use, or interact with this Site.
YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. This Agreement contains a binding arbitration agreement, which provides that you and we agree to resolve all disputes through binding individual arbitration, and you and we give up any right to have those disputes decided by a judge or a jury. You have the right to opt out of our agreement to arbitrate. See the Legal Disputes section of this Agreement.
Debt.com is a financial education website and referral agency that provides educational materials about debt relief financial services and connects consumers with financial service providers to help the consumers to live healthier financial lives. When you call our number, you may be directly connected with one of our partners, or a third-party to assist you. Independent service providers may charge fees for their services and have their own terms of service. Debt.com is not responsible and does not guarantee any outcomes from these providers. Services may not be available in all states so please call or check our website for details.
DEBT.COM RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THE TERMS AT WEBSITE OWNER’S DISCRETION. YOUR CONTINUED USE OF ANY PART OF THIS WEBSITE OR ANY SERVICE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES TO THIS AGREEMENT. YOU SHOULD REVIEW THIS AGREEMENT PERIODICALLY TO DETERMINE IF ANY CHANGES HAVE BEEN MADE. THE MOST CURRENT VERSION OF THESE TERMS, WHICH WILL BE NOTED BY THE “LAST UPDATED” DATE HEREIN, SUPERSEDES ALL PREVIOUS VERSIONS.
LINKS TO THIRD PARTY SITES
This Site may contain links to external websites (“Linked Sites”). The Linked Sites are not under the control or management of Debt.com, and Debt.com is not responsible for the contents of any Linked Site, including without limitation any links contained in a Linked Site, or any changes or updates to a Linked Site. Debt.com is not responsible for webcasting or any other form of transmission received from any Linked Site. Debt.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Debt.com of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Site, you warrant to Debt.com that you will not use the Site for any purpose that is unlawful or prohibited by law, regulation, or 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 from the Site through any means not intentionally made available or provided for through the Debt.com on this Site.
YOU ARE RESPONSIBLE FOR YOUR FINANCIAL DECISIONS
Debt.com , through our Site and affiliates sites, may provide you with a venue through which you can obtain educational financial information as well as learn about various third-party service providers, such as financial institutions, credit card providers, debt settlement companies, lenders and other financial professionals (“Service Providers”). You understand and acknowledge that Debt.com may be compensated by Service Providers for referrals made through this Site. Debt.com and Website Owner do not guarantee the accuracy or completeness of any of the information provided on the Site or with regards to the Service Providers, and are not responsible for any loss resulting from your reliance on such information. You understand that you are to examine the information provided and conduct your own research of whether the services marketed on this Site are fitting to your financial situation. We do not endorse or recommend the products or services of any Service Provider, and we are not an agent or advisor to you or any Service Provider. We do not validate or investigate the licensing, certification or other requirements and qualifications of Service Providers. It is your responsibility to investigate Service Providers. You acknowledge and agree that Service Providers are solely responsible for any services that they may provide to you. Debt.com is not liable for any losses, costs, damages or claims in connection with, arising from, or related to, your use of any Service Provider’s products or services. We urge you to obtain the advice of qualified professionals (such as tax advisor, accountant, lawyer, etc.) who are fully aware of your individual circumstances before you make any financial decisions. You acknowledge and agree that you rely on your own judgment and that of such advisors in selecting any products or services offered by Service Providers.
NO GUARANTEE OF QUOTES, FEES, TERMS, RATES, COVERAGE OR SERVICES
We do not make any warranties or representations regarding the quotes, fees, terms, rates, coverage or services offered or made available by Service Providers through our Site. We do not guarantee that quotes, fees, terms, rates, coverage or services offered by Service Providers are the best available in the marketplace. You may be able to find better fitting offers elsewhere.
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 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.
Debt.com has no obligation to monitor the Communication Services. However, Debt.com reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Debt.com reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Debt.com reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or refuse to post or to remove any information or materials, in whole or in part, is Debt.com’s sole discretion.
Always use caution when giving out any personally identifying information (“PII”) about yourself, your spouse, or your children in any Communication Service. Debt.com does not control or endorse the content, messages or information found in any Communication Service and, therefore, Debt.com 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 Debt.com spokespersons, and their views do not necessarily reflect those of Debt.com. 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 download the materials.
MATERIALS PROVIDED TO DEBT.COM OR POSTED AT ANY DEBT.COM WEB SITE
Debt.com does not claim ownership of the materials you provide to Debt.com (including feedback and suggestions) or post, upload, input or submit to any Debt.com Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Debt.com, its affiliated companies and necessary sub-licensees 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. Debt.com is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at Debt.com’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.
CONSENT TO USE OF ELECTRONIC COMMUNICATIONS
All website interactions and phone calls are recorded for marketing, compliance and quality assurance purposes.
- Mobile Devices
By providing us with your name, email, and/or phone number, you expressly authorize us to contact you (including using autodialers, automated text and pre-recorded messages) via your telephone, cellphone, mobile device (including via Short Message Service (“SMS”) or wireless internet (“WAP Service”)) and email, even if your telephone number is currently listed on any state, federal or company’s Do Not Call list. Standard phone and data charges will apply. Your consent to the above terms is not required as a condition of purchasing or receiving our services. You also consent to the recording and monitoring of all calls to and from us. You represent you are the owner or authorized user of the mobile device and the phone number associated with that mobile device on which messages will be received, and that you are authorized to approve any applicable charges. You may opt out of receiving calls and/or messages to your telephone or mobile device at any time by notifying us at [email protected] and you may opt out of receiving emails by clicking the “Opt-out” link on the bottom of the email.
Only United States residents may use the SMS or WAP Service.
- Data Security
LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES, OLD INFORMATION, OR TYPOGRAPHICAL ERRORS. DEBT.COM MAKES PERIODICAL CHANGES TO THE INFORMATION AND MATERIALS PROVIDED ON THE SITE. DEBT.COM AND/OR ITS SITE ADMINISTRATOR MAY MAKE IMPROVEMENTS AND/OR CHANGES TO SITE AT ANY TIME.
Opinions, general advice, statements or other comments on the site should not necessarily be relied upon and are not to be construed as professional advice from Debt.com or the Website Owner. information and general advice RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
DEBT.COM AND/OR ITS SITE ADMINISTRATOR MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON OR AVAILABLE THROUGH 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. DEBT.COM AND THE WEBSITE OWNER 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 NON-INFRINGEMENT.
Debt.com may establish areas on the Site which may require obtaining access credentials. Should you obtain such access to restricted areas on the Site, Debt.com reserves the right, in its sole discretion, to terminate your access to the Debt.com Site and the related services or any portion thereof at any time, without notice.
SITE NOT INTENDED FOR USE BY MINORS UNDER THE AGE OF 13
COPYRIGHT AND TRADEMARK NOTICES:
Debt.com, and the Debt.com logo are registered trademarks, trade names or service marks of Debt.com, LLC or its related companies. All other trademarks and service marks presented on the Site are the property of their respective owners, and Debt.com has obtained permission to use them in association with the educational information and referral services provided. You are not permitted to use any trademark or service mark displayed on this Site without the prior written consent of Debt.com or the owner of such trademark or service mark.
You acknowledge and understand that you have no rights to any trademarks, service marks, copyrights. Debt.com reserves all rights to its Intellectual Property on the Site.
COPYRIGHT INFRINGEMENT POLICY
In accordance with the requirements set forth in the Digital Millennium Copyright Act, Title 17 United States Code Section 512©(2)(“DMCA”), Debt.com will investigate notices of copyright infringement and take appropriate remedial action. If you believe that any Content on the Site has been used or copied in a manner that infringes your work, please provide a written notification of claimed copyright infringement to the Designated Agent for the Site containing the following elements as set forth in the DMCA:
- a physical or electronic signature of the owner of the copyright interest that is alleged to have been infringed or the person authorized to act on behalf of the owner;
- identification of the copyrighted work(s) claimed to have been infringed, including copyright date;
- identification of the Content you claim to be infringing and which you request be removed from the Site or access to which is to be disabled along with a description of where the infringing Content is located;
- information reasonably sufficient to allow us to contact you, such as a physical address, telephone number and an email address;
- a statement by you that you have a good faith belief that the use of the Content identified in your written notification in the manner complained of is not authorized by you or the copyright owner, its agent or the law; and
- a statement by you that the information in your written notification is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on behalf of the copyright owner.
Debt.com’s designated agent for the written notification of claims of copyright infringement can be contacted at the following address:
Designated Agent – Copyright Infringement Claims
8220 W. State Road 84,
Fort Lauderdale, FL 33324
Email: [email protected]
YOUR INDEMNIFICATION REQUIREMENTS
You agree to defend, indemnify and hold us and our officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates harmless from any and against all claims and expenses, including, but not limited to, attorneys’ fees, arising out of, or related to: (i) any breach or violation of this Agreement by you; (ii) your failure to provide accurate, complete and current personally identifiable information (“PII”) in response to any request form on our Site; (iii) your access or use of Services through our Site; (iv) access to our Site or use of our Services under any password that may be issued to you; (v) your transmissions, submissions or postings (i.e., your own User Generated Content); (vi) the Services you receive from any of the Service Providers to which you were referred by us; and/or (vii) any personal injury or property damage caused by you.
GENERAL / MISCELLANEOUS TERMS
Governing Law, Jurisdiction, Venue. To the maximum extent permitted by law, this Agreement is governed by the laws of the State of Florida, U.S.A., without regards to any choice of law provisions. Should you properly opt out of Arbitration, you hereby consent to the exclusive jurisdiction and venue of courts in Broward County, Florida, U.S.A. in all disputes arising out of or relating to the use of the Debt.com Web Site. If you did not opt out of Arbitration, please see the Arbitration provision below for the applicable law and jurisdiction governing your arbitration. You and we agree to submit to the personal jurisdiction of the courts located within Broward County, Florida for the purpose of litigating all such claims or disputes.
Relationship of the Parties. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Debt.com as a result of this Agreement or use of the Debt.com Site.
Applicability of Laws. Debt.com’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Debt.com’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Debt.com Site or any information provided to or gathered by Debt.com with respect to such use. Use of the Debt.com Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
Severability. 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.
AMENDMENTS TO THIS AGREEMENT
We reserve the right to update, amend and/or change this Agreement at any time in our sole discretion and without notice. Updates to this Agreement will be posted here. Amendments will take effect immediately upon us posting the updated Agreement on our Services. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. The date on which this Agreement was last updated will be noted immediately above this Agreement. Your continued access and use of our Services following the posting of any such changes shall automatically be deemed your acceptance of all changes.
Dispute Resolution by Binding Arbitration – IMPORTANT NOTICE WAIVING YOUR RIGHT TO BRING A CLAIM BEFORE A JUDGE OR JURY IN COURT.
- The Arbitration shall be administered by the American Arbitration Association (“AAA”) (www.adr.org), the Judicial Arbitration Mediation Services (“JAMS”), or another nationally known consumer arbitration service agreed by the parties in the event AAA and JAMS no longer conduct consumer arbitrations. The Party who intends to seek arbitration must first send to the other Party a written Notice of Dispute before filing it with the arbitration service provider. The Notice must describe both the nature and basis of the dispute; and the specific relief sought. Any notice shall be deemed to have been given and received for all purposes when delivered by hand, a day after receipt through a nationally recognized overnight courier, or a day after being received through certified or registered mail, postage and charges prepaid, return receipt requested, to us at: Debt.com, LLC, Attn: Legal Department, 8220 W. State Road 84, Fort Lauderdale, FL 33324.
- Commencement and Rules of Arbitration. If we do not resolve a claim within 30 days after receipt of the Notice, the party sending the Notice may commence an arbitration proceeding with the AAA, JAMS, or another national arbitration provision if AAA or JAMS are unavailable, by filing a Demand of Arbitration in effect at the time the action is commenced. If you choose to file with the AAA, you may download or copy the form to initiate arbitration from the following website: http://www.adr.org/consumer. The AAA shall provide the parties a list of 5 arbitrators in which the parties may agree on an arbitrator. If the parties cannot mutually agree on an arbitrator, the parties shall rank the arbitrators and the AAA shall appoint a single arbitrator who shall administer the arbitration proceeding pursuant to its Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer-Related Disputes (“AAA Rules”), with the exception of Mass or Class Arbitration rules. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. If you choose to file with JAMS, you may download or copy the form to initiate arbitration from the following website: https://www.jamsadr.com/adr-forms. JAMS shall provide the parties a list of 5 arbitrators in which the parties may agree on an arbitrator. If the parties cannot mutually agree on an arbitrator, the parties shall rank the arbitrators and the JAMS shall appoint a single arbitrator who shall administer the arbitration proceeding pursuant to its Commercial Dispute Resolution Procedures and the Consumer Arbitration Minimum Standards (“JAMS Rules”), with the exception of Mass or Class Arbitration rules. In the event another arbitration service is provided, the parties agree to follow the rules and principles of that arbitration service, except as to any rights to Mass or Class Arbitration rules which the Parties expressly agree will not apply.
- The Arbitrator. The selected arbitrator shall be either a retired judge or an experienced attorney, shall be neutral and independent, and shall comply with the selected arbitration service’s code of ethics. The Arbitrator shall conduct the arbitration in a civil manner and ensure civility of the parties while making their arguments. Additionally, in conducting the arbitration hearing, in addition to the selected arbitration service rules, the arbitrator shall be guided by the Federal Rules of Civil Procedure, the Federal Rules of Evidence, and Florida substantive law.
- The Arbitration Award. The Arbitrator shall issue a written reasoned award in which the arbitrator shall address the claims, defenses, evidence presented, and legal reasoning in making his decision. If the Arbitrator determines that reasonable attorney fees and costs may be awarded under applicable law, the parties agree that the arbitrator will also determine the amount of reasonable attorneys’ fees to be awarded. Any award rendered by the arbitrator shall be final and binding and shall not be subject to vacation or modification, except as expressly permitted by the Federal Arbitration Act. Judgment on the Arbitration Award may be entered in the jurisdiction in which the arbitration was commenced or in any court having jurisdiction over the Party against whom judgment is to be entered.
- Waiver of Right to Bring Mass or Class Actions. The parties agree that either party may bring claims against the other only in his/her or its individual capacity and not as a plaintiff or class member in any purported mass, class, or other representative proceeding. Further, the parties agree that the arbitrator may not consolidate proceedings of more than one person’s claims and may not otherwise preside over any form of representative or class proceeding.
- Limitation on Injunctive Relief: The arbitrator may award injunctive relief only in favor of an individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
- Costs of Arbitration: Payment of all filing, administration and arbitrator fees will be governed by the selected arbitration service rules. Each party shall bear its own attorneys’ fees, if any, unless such fees are expressly provided for by applicable law. In the event that a party fails to proceed with Arbitration, unsuccessfully challenges the Arbitrator’s award, or fails to comply with the Arbitrator’s award, the other party shall be entitled to costs of suit, including reasonable attorneys’ fees for having to compel Arbitration or defend or enforce the award.
- Arbitration Opt-Out. YOU MAY OPT-OUT OF THE TERMS OF THIS ARBITRATION PROVISION BY PROVIDING DEBT.COM WITH NOTICE IN WRITING WITHIN THIRTY (30) DAYS OF FIRST USING OUR SITE. If you do so, neither you nor we can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing either by U.S. mail delivered to: Attn: Legal Department, Debt.com, LLC, 8220 W. State Road 84, Fort Lauderdale, FL 33324 or by email delivered to [email protected]. You must include: (1) your name and residence address; (2) the email address and/or mobile telephone number associated with your account; and (3) a clear statement that you want to opt out of this agreement to arbitrate.
- What does arbitration mean? By agreeing to arbitration, we both acknowledge and agree that we are each: (i) waiving the right to pursue any other available dispute resolution processes, including, but not limited to, a court action or administrative proceeding, (ii) waving the right to participate in any class or mass action, (iii) waving the right to a trial by either a judge or jury, and (iv) giving up any right to appeal the arbitrator’s decision, except for a limited range of appealable issues expressly provided in the FAA. This section is considered by the parties to be an integral and non-voidable requirement and part of this Agreement, and the parties agree that prior to signing this Agreement including agreeing to this section they: (1) have had the opportunity to review such carefully, including with their own legal counsel if needed, (2) the parties understand the limitations on legal rights contained in this section including, but not limited to, the waiver of jury trial, the waiver of court proceeding and class actions, and (3) the parties consent and agree that this section is fair, reasonable, represents the intentions of each party at the time of entry into this Agreement, and should not be set aside later for any reason by any court. This section and the arbitration requirement shall survive termination.
Notwithstanding any provision in the Agreement to the contrary, you and we agree that if we make a change to this agreement to arbitrate in the future, that change shall not apply to a claim that was filed in a legal proceeding between you and us prior to the effective date of the change.
8220 W. State Road 84., Fort Lauderdale, FL 33324
Email: [email protected]