Terms of Use

Updated 08/14/2023

AGREEMENT BETWEEN USER AND DEBT RESCUE CENTER

This Website Terms of Service (including any document incorporated by reference herein) for the Debt Rescue Center websites, located at debtrescuecenter.org and such other websites as may be owned and/or controlled by Debt Rescue Center (collectively the “websites”) that contain these Website Terms of Service (the “Terms of Service”), constitutes a legal contract between you and Debt Rescue Center and covers all aspects of your use of the websites and, to the extent not superseded by the terms and conditions of any contract we may sign with you, of any product or service that we may supply to you. Please read these terms of service carefully. By registering for, accessing, browsing, or otherwise using the sites, you acknowledge that you have read, understood and agree to be bound by these terms of service. If at any time you disagree with any of these terms and conditions, you should immediately cease your use of these sites. These Terms of Service affect your legal rights, including an agreement to resolve disputes that may arise between us by arbitration on an individual basis instead of by class actions or jury trials.

1. Eligibility; Privacy.

The products and services offered through the websites are not available to persons under the age of 18 or to persons who are not legal residents of the United States, by visa or otherwise. By clicking any “submit” or other buttons on the site, or by accessing, browsing or otherwise using the sites, you represent and warrant to us that you are at least 18 years of age and are a legal resident of the United States. Some of the products and services offered through the sites may be subject to additional terms and conditions, including those products and services offered by, or through, third-party providers. To the extent not consistent with these Terms of Service, these additional terms and conditions are hereby incorporated herein by reference; however, in the case of any inconsistency between these Terms of Service and any other document that is incorporated by reference herein, these Terms of Service shall control. Debt Rescue Center has made a commitment to protecting the privacy of those who visit our websites and access the products and services available therein. Debt Rescue Center’s Privacy Policy is hereby incorporated herein by reference.

2. Products and Services.

Certain of the websites function as an online marketplace where visitors can research and submit requests for debt resolution services as well as other products and services. You understand and agree that if you submit a request for a product or service or for further information relating to a product or service offered through any of the websites, Debt Rescue Center will share your personally identifiable information as may be required in order to match you with selected providers of the products and/or services that you request. By submitting your contact information to us, you are expressly consenting to be contacted by us or by one or more providers of products and services, by telephone, email or postal mail even if you have opted into the national Do Not Call List administered by the Federal Trade Commission, any state equivalent Do Not Call List, or the Do Not Call List of any specific institution.

3. Modification of These Terms of Service.

Debt Rescue Center reserves the right to change, modify, add or remove portions of these Terms of Service at any time by posting amended Terms of Service. Please check these Terms of Service periodically for changes. Your continued use of any of the websites after the posting of changes constitutes your binding acceptance of such changes. Except as stated elsewhere, such amended Terms of Service will be effective immediately and without further notice.

4. License Grants

Subject to your compliance with these Terms of Service, Debt Rescue Center hereby grants you a personal, limited, non-exclusive, non-transferable, revocable license to use the websites for purposes of accessing the information and contacting the providers of the products and services contained therein (including Debt Rescue Center’s Privacy Policy). Debt Rescue Center expressly reserves all rights not specifically granted herein, including but not limited to, the right to exercise whatever lawful means it deems necessary or appropriate to prevent unauthorized use of the websites. By using the websites, you hereby grant to Debt Rescue Center a worldwide, non-exclusive, perpetual, irrevocable, transferable, sublicensable (through multiple tiers), assignable, royalty-free license to transfer, display, reproduce, distribute, modify, and otherwise use your personal and other information, subject to the restrictions set forth herein (including Debt Rescue Center’s Privacy Policy).

5. Prohibited Conduct.

By using the websites, you agree not to: Use the websites for any purpose other than to access the information and contact the providers of the products and services advertised therein; submit, transmit or facilitate the distribution of information or content that is illegal, harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person’s view, objectionable; attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the websites or bypass the measures we may use to prevent or restrict access to the websites; take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; use any robot, spider, scraper or other similar system to access the websites; impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity; or submit, upload, post, email, transmit or otherwise make available any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships.

6. Ownership & Proprietary Rights.

The websites are owned and operated by Debt Rescue Center. All content displayed on the websites, as well as all visual interfaces, graphics, designs, information, computer code (including source code or object code), software and all other elements of the websites are protected by United States copyright, trade dress, patent and trade/service mark laws, international conventions, where applicable, and all other relevant intellectual property and proprietary rights and laws. Except as otherwise specified on the websites, all content contained on the websites is the property of Debt Rescue Center and/or its third-party licensors. Except as expressly authorized by Debt Rescue Center, you may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from or otherwise make any unauthorized use of such content.

7. Links to Third-Party Sites; Dealings with Third Parties.

The websites may include links or references to other web sites owned or operated by third parties with which Debt Rescue Center may have a relationship. Debt Rescue Center has no control over such third-party web sites and, thus, is not responsible for their availability, content or advertising, or any products or services available from such third parties. Your correspondence or business dealings with such third parties are solely between you and such third party. Access and use of such websites is solely at your own risk. Your correspondence or business dealings with any third parties, including, but not limited to, business dealings with credit counseling services, debt settlement services, mortgage brokers or lenders, insurance agents or carriers or any other product or service provider are solely between you and such third party. Debt Rescue Center is not responsible for any terms, conditions, warranties or representations associated with such dealings or liable for any loss or damage of any sort incurred as the result of such dealings. By using the websites as directed, you are acknowledging that Debt Rescue Center does not make credit decisions in connection with any product or service offered to you, does not recommend, endorse, warrant or guarantee the products or services of any third party and is not party to any discussions that you may have or agreement that you may make with any third party. Debt Rescue Center does not charge anyone a fee to use the websites.

8. Termination; Exclusive Remedy.

Debt Rescue Center at any time, in its sole discretion, for any or no reason, and without penalty or liability, may terminate your use of the websites and terminate any session. Debt Rescue Center may also in its sole discretion and at any time discontinue providing access to one or more websites. Any termination of access to the websites may be affected with or without prior notice, and Debt Rescue Center will not be liable to you or to any third party for any such termination. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. Your sole and exclusive remedy with respect to any dissatisfaction with (i) the websites, (ii) any term or condition of these Terms of Service or (iii) any policy or practice of Debt Rescue Center in operating any website is to terminate your access to and discontinuing use of the websites.

9. Indemnification.

You agree to indemnify, save and hold Debt Rescue Center and its contractors, employees, agents and its third-party suppliers and business partners harmless from any claims, losses, damages and liabilities, including legal fees and expenses, arising out of your use or misuse of the websites, any violation by you of these Terms of Service or any breach of the representations, warranties and covenants made by you herein. Debt Rescue Center reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with Debt Rescue Center’s defense of any such claims. Debt Rescue Center will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

10. No Warranty; Disclaimers.

To the fullest extent permissible pursuant to applicable law, Debt Rescue Center and its third-party suppliers and business partners disclaim all warranties (statutory, express or implied) including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from Debt Rescue Center or through the sites will create any warranty not expressly provided in these terms of service. The use of the sites is at your sole risk. The sites and any data, information, commercial content, third-party sites, products or services made available through the sites are provided on an “as is” and “as available”, “with all faults” basis and without warranties or representations of any kind either express or implied. None of Debt Rescue Center or its third-party suppliers and business partners warrant that any data, information, commercial content, third-party sites, products or services offered on or through the sites or any third-party sites will be uninterrupted or free of errors, viruses or other harmful components or that any of the foregoing, if present, will be cured or stopped. Your use of the sites or any third-party sites is at your own risk and you will be solely responsible for any damage to your property) including your computer system) or loss of data that results from the use of such sites.

11. Limitation of Liability.

Under no circumstances, including, but not limited to negligence, will Debt Rescue Center or its third-party suppliers and business partners be liable for any special, indirect, incidental, consequential, punitive, reliance or exemplary damages (including without limitation damages arising from any unsuccessful court action or legal dispute, lost business, lost revenues or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to these terms of service or that result from your use or your inability to use the sites or any third-party site or any other interactions with Debt Rescue Center, even if Debt Rescue Center has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, Debt Rescue Center’s liability will be limited to the fullest extent permitted by applicable law.

12. Release.

By your use of any Debt Rescue Center site, you are agreeing to release and discharge Debt Rescue Center and its third-party suppliers and business partners and each of their respective agents, directors, officers, employees and all other related persons or entities from any and all claims, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs and expenses of any kind or nature, whether known or unknown, arising out of or in any way connected with your use of the sites. If you are a California resident, you waive California civil code section 1542, which says, “A general release does not extend to claims which the creditor does not know of 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.”

13. Choice of Law, Mandatory Arbitration and Venue

13.1 Governing Law / Jurisdiction

In the event of a dispute between you and Debt Rescue Center that arises out of these Terms of Service or any product or service you obtain through the websites or companies to which Debt Rescue Center may refer you (a “Claim”), you and Debt Rescue Center agree to resolve that Claim in accordance with the procedures set forth below or as we may otherwise agree to in writing. Claims are subject to the laws of the state of California, United States of America, without regard to choice or conflicts of law principles. Further, you and Debt Rescue Center agree to the jurisdiction of the Southern District of California to resolve any dispute, claim, or controversy that relates to or arises in connection with the Claim (and any non-contractual disputes/claims relating to or arising in connection with them) and is not subject to mandatory arbitration under Section 13.2.1.

13.2 ARBITRATION AGREEMENT

This Arbitration Agreement applies only to consumers in the United States. 13.2.1 Dispute resolution and arbitration You and Debt Rescue Center agree that any dispute, claim, or controversy between you and Debt Rescue Center arising in connection with or relating in any way to a Claim or to your relationship with Debt Rescue Center (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after any relationship you have with Debt Rescue Center) will be determined by mandatory binding individual (not class) arbitration. You and Debt Rescue Center further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the Arbitration Agreement or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration, and court review of an arbitration award is limited. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Service.

13.2.2 Exceptions

Notwithstanding the clause above (13.2.1), you and Debt Rescue Center both agree that nothing in this Arbitration Agreement will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator.

13.2.3 No Class or Representative Proceedings: Class Action Waiver

You and Debt Rescue Center agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless both you and Debt Rescue Center agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

24.2.4 Arbitration rules

Either you or we may start arbitration proceedings. Any arbitration between you and Debt Rescue Center will take place under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in force (the “AAA Rules”), as modified by this Arbitration Agreement. You and Debt Rescue Center agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above).

13.2.6 Enforceability

If this Arbitration Agreement is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described in Section 13.1 shall govern any claim in court arising out of or related to the Agreements.

14. Miscellaneous.

Debt Rescue Center may provide you with notices by email, regular mail or postings on any website. Notice will be deemed given twenty-four hours after email is sent, unless Debt Rescue Center is notified that the e-mail address used is invalid. Alternatively, Debt Rescue Center may give you legal notice by mail to a postal address, if provided by you through any website. In such a case, notice will be deemed given three (3) calendar days after the date of mailing.

14.1 Waiver and Severability of Terms.

The failure of Debt Rescue Center to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by Debt Rescue Center. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the other provisions of these Terms of Service shall remain in full force and effect and the parties agree that such court should endeavor to give effect to the parties’ intentions.

14.2 Assignment.

You may not transfer or assign any of your rights and obligations under these Terms of Service without the express prior written consent of Debt Rescue Center, give in its sole discretion. However, you acknowledge and agree that Debt Rescue Center may freely and without restriction or limitation assign or transfer any of its rights and obligations under these Terms of Service.

14.3 Ownership of Information.

If you send us any creative materials, such as comments, suggestions, ideas, concepts, drawings, pictures, or other materials (collectively, the “Submissions”), you agree that the Submissions shall be deemed, and shall remain, the property of Debt Rescue Center. None of the Submissions shall be subject to any obligation of confidentiality on the part of Debt Rescue Center, and Debt Rescue Center shall not be liable for any use or disclosure of any of the Submissions. Without limitation of the foregoing, Debt Rescue Center shall exclusively own all now-known or hereafter existing rights to the Submissions of every kind and nature throughout the world and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions

14.4 Copyright Infringement Policy.

In accordance with the requirements set forth in the Digital Millennium Copyright Act, Title 17 United States Code Section 512(c)(2) (“DMCA”), Debt Rescue Center will investigate notices of copyright infringement and take appropriate remedial action. If you believe that any Content on debtrescuecenter.org 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.

14.5 Entire Agreement.

These Terms of Service and any document incorporated by reference herein constitute the entire agreement between you and Debt Rescue Center and govern your use of the websites, superseding any prior agreements between you and Debt Rescue Center. Notwithstanding the foregoing, you also may be subject to additional terms and conditions that may apply when you use or purchase certain products and/or services provided by Debt Rescue Center or one of Debt Rescue Center’s third-party business partners.