These Terms and Conditions apply to all websites and software applications owned and operated by Consumer Debt Counselors (either “we,” “us” or “Consumer Debt Counselors”), (the “Sites”).
These Terms and Conditions set forth legally binding terms that govern and restrict your use of the Sites. The Sites are semi-public and provided on an as-is and as-available basis. You understand and agree that we have no liability for any issues arising from the availability, timeliness security or reliability of the Sites or the accuracy of any opinion or information contained on the Sites. Any opinions by guest posters that are expressed on the Sites are not necessarily the opinions of Consumer Debt Counselors and may or may not be totally accurate. We reserve the right to modify, suspend or discontinue the Sites with or without notice at any time without any liability.
By using the Sites you agree to the following Terms and Conditions:
Copyright Ownership. The Sites contain copyrighted material, including data, software, graphics, articles and more (“Content”). This Content is owned or licensed by Consumer Debt Counselors (or other entities as noted) and is protected by the copyright laws of the United States of America.
Use of Site Content. All Content is provided for personal, non-commercial use only. You may download a single copy of material available on the Sites for personal, fair use provided you do not remove the copyright or other proprietary rights notices or alter the Content in any way. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works or in any way exploit the Content of these Sites or any portion of such Content. You may not (i) use any data mining, robots, or similar data gathering and extraction tools on the Content, (ii) frame any portion of the Sites or Content, or (iii) reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sub-license, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content. Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate U.S. copyright laws.
If you violate these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
Disclaimer of Warranties. The Sites and the Content on the sites are provided “as is.” Consumer Debt Counselors makes no representation or warranty of any kind to you or anyone else relating to the Sites or Content or communications on the Sites, or any website or other content or service that may be accessible directly or indirectly through the Sites, to the extent permitted by law. Consumer Debt Counselors disclaims implied warranties that the sites and all software, content and services, information distributed through the sites are merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing. No oral or written information or advice given by Consumer Debt Counselors or its representatives shall constitute a warranty.
When using the Sites, information will be transmitted over a medium which is beyond the control and jurisdiction of Consumer Debt Counselors, directly or indirectly. Accordingly, Consumer Debt Counselors assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the Sites. We cannot guarantee that the Sites will meet your requirements, or that they are error-free, reliable, without interruption and available at all times. We do not guarantee that the services that may be obtained from the use of the Sites will be effective, reliable and accurate or meet your requirements. We do not guarantee that you will be able to access or use the Sites (either directly or through third-party networks) at all times or locations of your choosing. Further, Consumer Debt Counselors does not endorse and makes no warranty regarding the accuracy or reliability of any opinion, information, advice or statement on the Sites. Under no circumstances will Consumer Debt Counselors be liable for any loss or damage caused by your reliance on information obtained through the content on the Sites or any services offered via the Sites. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice, etc., available through the Sites. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion or Content item on the Site.
Limitation of Liability. In no event shall Consumer Debt Counselors, its partners, sponsors, agents or licensors, or any third parties mentioned on the Sites be liable for any damages (including, without limitation, incidental, consequential or other indirect damages, personal injury / wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Sites, the Content or any communications of the Sites, whether based on warranty, contract, tort, or any other legal theory, and whether or not Consumer Debt Counselors is advised of the possibility of such damages. Consumer Debt Counselors is not liable for any personal injury, including death, caused by your use or misuse of the Sites or its Content. Your sole and exclusive remedy for any other dispute with Consumer Debt Counselors is to discontinue your use of the Sites or any service offered by Consumer Debt Counselors. You further agree that no damages may be assessed against Consumer Debt Counselors in any action brought by you in excess of any amounts paid by you to Consumer Debt Counselors.
Indemnification. By using the Sites you agree to indemnify and hold Consumer Debt Counselors, its officers, directors, employees, affiliates, agents, attorneys, representatives and members harmless from any and all losses, damages, liabilities, claims, demands, suits or causes of action (including reasonable attorneys’ fees and costs) arising from your use or misuse of the Sites.
Passwords. Certain parts of the Sites require login identification and password to enter. Users agree that they are responsible for all acts or omissions that occur on their account while their password is being used. Consumer Debt Counselors reserves the right to access and disclose any information, including, without limitation, user names of accounts and other information, to comply with applicable laws and lawful government requests made under subpoena.
Changes to These Terms and Conditions. Consumer Debt Counselors may, from time to time at its sole discretion, change or modify these Terms and Conditions. Any changes or modification will be effective upon posting of the revisions on the Sites. At any given time, your access and use of the Sites and provision of information is governed by the Terms and Conditions then in effect. Your continued use of the Sites following Consumer Debt Counselors posting of any changes or modifications will constitute your acceptance of such changes or modifications. Should you not wish to be bound by the modified Terms and Conditions, you may choose to not use or access the Sites.
Privacy. We collect personal information on the Sites, which is subject to the terms of our Privacy Policy.
Links to Other Websites. Our Sites may contain links to other sites for your convenience and information. These sites may be operated by companies not owned by Consumer Debt Counselors. These other sites or linked third-party sites may have their own privacy notices, which you should review if you visit those sites. We are not responsible for the content of any sites not owned by Consumer Debt Counselors, any use of those sites, or those sites’ privacy practices.
Choice of Laws. You agree that the laws of the State of Florida govern this contract and any claim or dispute that you may have against us, without regard to the State of Florida’s conflict of laws rules. You further agree that any disputes or claims that you may have against us will be resolved by a court located in and for Orange County in the State of Florida, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Please note that by agreeing to these terms of use, you are: (i) waiving claims that you might otherwise have against us based on the laws of other jurisdictions, including your own; (ii) irrevocably consenting to the exclusive jurisdiction of, and venue in, state or federal courts in Orange County in the State of Florida over any disputes or claims you have with us; and (3) submitting yourself to the personal jurisdiction of courts located in Orange County in the State of Florida for the purpose of resolving any such disputes or claims.
Termination. We shall have the right to immediately terminate these Terms of Use with respect to any user which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by you of this Agreement. The provisions of Sections 1, 2, 3, 4, 5, 10 and 11 shall survive termination of this Agreement.
Updated April 1, 2016
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