TERMS OF SERVICE
Last update: February 2, 2015
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY. YOUR USE OF OUR SERVICES IMPLIES THAT YOU HAVE READ AND ACCEPTED THESE TERMS OF SERVICES.
By accessing this web site, you are agreeing to be bound by these website Terms of Service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. These web site Terms of Service cover all aspects of your use of the web site and contracts we may sign with you of any product or service that may be supplied to you.
1) Privacy and Eligibility:
We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.
Products and services are only offered to persons 18 years or older and are legal residents of the United States. You represent and warrant to us that you are at least 18 years of age and are a legal resident of the United States by clicking any “submit” or other button or by accessing, browsing or otherwise using the web site.
2) Products and Services:
Services, including services offered by our third-party providers, through this website are subject to additional terms and conditions.
This website service as a marketplace for visitors to research and submit request for debt resolution services. By submitting a request for a service offered through this website, you understand and agree that College Debt Services will share your information as may be necessary in order to partner you with selected providers of the services that you request.
By supplying us with your contact information, you are providing consent to be contacted by us or by one of our selected providers. This contact may occur by telephone, email or postal mail. If authorization is granted, College Debt Services may use your personal information to obtain and use your credit report and credit score for the purpose of matching your request with providers. Information gathered may be maintained by providers whether you choose to use their services or not. In the occurrence you no longer want to receive communication from a provider, that provider must be notified directly.
In using this website as directed, you are acknowledging that College Debt Services does not make credit decisions in connection with any service offered to you, does not recommend, endorse, warrant or guarantee the services of any provider and is not party to any discussions that you may have or agreement that you may make with any provider. Any compensation College Debt Services may receive is paid to College Debt Services by the individual provider for the services rendered by College Debt Services to that particular provider. College Debt Services does not charge anyone a fee to use the website.
3) Revisions and Notification of Changes:
College Debt Services reserves the right to change these Terms of Service from time to time as we see fit and your continued use of the site will signify your acceptance of any adjustment to these terms. Except as stated elsewhere, such amended Terms of Service will be effective immediately and without further notice.
4) Use License:
Subject to your compliance e with these Terms of Service, College Debt Services hereby grants you a personal, limited, non-exclusive, non-transferable revocable license to use the website for purposes of accessing the information and contacting the providers of the services contained therein.
College Debt Services 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 website.
5) Prohibited Conduct:
In using this website, you agree not to:
a. Use the website for any purpose other than to access the information and contact the providers of services advertised therein;
b. 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 persons view, objectionable;
c. Attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the website or bypass the measures we may use to prevent or restrict access to the website;
d. Take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
e. Use any robot, spider, scraper or other similar system to access the website;
f. Impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity; or
g. 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:
This website is owned and operated by College Debt Services. Copyright and other relevant intellectual property rights exist on all text relating to College Debt Services’s services and the full contact of this website. All content on this website, unless otherwise specified, is the property of College Debt Services and/or its third-party licensors. Unless authorized by College Debt Services, 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.
The website may include links or references to other websites owned or operated by third-parties with which College Debt Services may have a relationship. College Debt Services 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 linked websites is at your own risk.
Your correspondence or business dealings with any third parties, including, but not limited to, business dealings with debt settlement services or any other services are solely between you and such third party. College Debt Services 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.
College Debt Services at any time, in its sole discretion, for any or no reason, and without penalty or liability, may terminate your use of the website and terminate any session. College Debt Services may also in its sole discretion and at any time discontinue providing access to one or more websites. Any termination of access to the website may be effected with or without prior notice, and College Debt Services 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 practice of College Debt Services in operating this website is to terminate your access to and discontinuing use of the website.
You agree to indemnify, save and hold College Debt Services 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 website, any violation by you of these Terms of Service or any breach of the representations, warranties and covenants made by you herein. College Debt Services 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 College Debt Services defense of any such claims. College Debt Services 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, College Debt Services and its business partners disclaim all warranties, statutory, express or implied, including, but not limited to, fitness for a particular purpose and non-infringement of proprietary rights. No advice or warranty not expressly provided in these terms of service.
11) Limitation of Liability:
Under no circumstances, including, but not limited to, negligence, will College Debt Services or its 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 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 website or any third party website or any other interactions with College Debt Services, even if College Debt Services 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, College Debt Services liability will be limited to the fullest extent permitted by applicable law.
By your use on College Debt Services website, you are agreeing to release and discharge College Debt Services and its 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 website. If you area 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 or suspect 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) Dispute Resolution:
In the event of a dispute between you and College Debt Services that arises out of these Terms and Service or any service you obtain though the website (claim), you and College Debt Services agree to resolve the Claim in accordance with the procedures set forth below or as we may otherwise agree in writing. Before resorting to these dispute resolution mechanisms, you must first contact us directly to seek a resolution. If, however, we are unable to resolve our differences informally, College Debt Services will consider reasonable requests to resolve the dispute through alternative dispute resolution procedure, such as mediation or arbitration, as alternatives to litigation.
For any Claim(excluding claims for injunctive or other equitable relief)) where the total amount of the award sought is less than $10,000, either party may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (ADR) provider chosen by the party seeking arbitration. The ADR provider and the parties must comply with the following rules:
a. The arbitration shall be conducted by telephone or online and be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration;
b. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and
c. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
14.1 Notice. College Debt Services may provide you with notices by e-mail, regular mail or postings on its website. Notice will be deemed given twenty-four hours after e-mail is sent, unless College Debt Services is notified that the e-mail address used is invalid
14.3 Waiver and Sever-ability of Term. The failure of College Debt Services 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 College Debt Services. 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 party’s intentions.
14.4 Choice of Law; Forum. These Terms and Service shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions.
All claims filed or brought contrary to either Section 13 or this Section 14.3 shall be considered improperly filed. Should you file a claim improperly, College Debt Services may recover reasonable attorney’s fees and costs, provided that College Debt Services has notified you in writing of the improperly filed claim and you have failed to withdraw the claim promptly.
14.5 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 College Debt Services, give in its sole direction. However, you acknowledge and agree that College Debt Services may freely and without restriction or limitation assign or transfer any of its rights and obligations under these Terms of Service.
14.6 Entire Agreement. These Terms of Service and any document incorporated by reference herein constitute the entire agreement between you and College Debt Services and govern your use of the website, superseding any prior agreements between you and College Debt Services. Notwithstanding the foregoing, you also may be subject to additional terms and conditions that may apply when you use or purchase services provided by College Debt Services.
14.7 Survival. The following paragraphs shall survive termination or your refusal to continue to use the service: 4, 6, 7, 8, 9, 10, 11, 12, 13, and 14.