Debt.com’s Terms and Conditions

Last updated: April 19th, 2024.

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.

Our Privacy Policy, hereby incorporated by reference into this Agreement, explains how we collect, protect, share and use your information as a part of our platform, and all of our product and services.

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.

MODIFICATION OF THESE TERMS OF USE

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.

1. 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.

2. Data Security

   SMS or WAP Services are provided via wireless systems which use radio frequencies (and other means) to transmit communications over complex networks. Debt.com do not guarantee your use of the SMS or WAP Services will be private or secure, and Debt.com will not be liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures appropriate to your situation and intended use of the SMS or WAP Service. You acknowledge and agree Debt.com may access the content of your account and the wireless account with your carrier for the purpose of identifying and resolving technical problems and service-related complaints. Please review our Privacy Policy for additional information governing privacy and our SMS or WAP services.

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.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DEBT.COM AND/OR ITS WEBSITE OWNER BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE DEBT.COM SITE, WITH THE DELAY OR INABILITY TO USE THE DEBT.COM SITE OR RELATED OR OFFERED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE DEBT.COM SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE DEBT.COM SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DEBT.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE DEBT.COM SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE DEBT.COM SITE.

TERMINATION/ACCESS RESTRICTION

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

The Site is not directed to individuals under the age of thirteen (13), and we request that these individuals do not provide Personally Identifiable Information (PII) through the Site. We do not knowingly collect information from children under 13 years of age without parental consent. For more information regarding this policy please visit our Privacy Policy.

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
Debt.com LLC
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.

Entire Agreement. Unless otherwise specified herein, this Agreement, along with our Privacy Policy, any Notices and Disclosures on our Site, which are incorporated herein by reference, together constitute the entire agreement between the You and Debt.com with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Debt.com with respect to the Debt.com Web Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this Agreement and all related documents be drawn up in English despite having these terms in translated to other languages.

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.

In the event of any controversy between you and Debt.com, including but not limited to any demand, claim, suit cross claim, counterclaim, or third-party complaint or dispute, whether contractual, statutory, in tort or otherwise (including but not limited to our designated servicers and any fulfillment provider working on your behalf) arising out of, or in any way relating, to our relationship, including but not limited to this Agreement, our Privacy Policy, Site Disclaimers, use of the Debt.com Site, the information on Debt.com’s Site, any referral services provided by Debt.com, or the breach, termination, enforcement, interpretation, or validity of the Agreement or its performance, including any determination of the scope, enforcement or applicability of this provision to arbitrate, shall be resolved by binding arbitration in Broward County, Florida, or the nearest metropolitan area to the county in which you reside, or at such other location upon which the parties may agree upon. This provision to arbitrate is governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §1 et sec., which shall govern the interpretation and enforcement of our mutual agreement to arbitrate, and not by any state rule or statute governing arbitration and without respect to any state arbitration law. This agreement to arbitrate shall survive termination of the Agreement. The Parties agree to the following Arbitration Terms:

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.

DEBT.COM PRIVACY POLICY

Last updated: April 19th, 2024.

Debt.com, LLC (“Debt.com”) is the owner of this web site. This Online Privacy Policy (hereinafter sometimes referred to as the “Notice”) applies to this Debt.com online interface (i.e., website or mobile application) (the “Site”). The term Debt.com or “we” or “us” or “our” in this Notice refers to Debt.com, and any of Debt.com’s affiliates or subsidiaries that may adopt this Notice. This Notice describes how this Site, or any Debt.com landing pages linked to this Site (Debt.com’s landing pages and this Site shall collectively refer to as “Sites”), may collect, use and share information from or about you, and explains how information may be collected and used for advertising purposes. Debt.com may provide other online interfaces not covered by this Notice. If you visit or access your services from one of these sites, please review the online privacy practices of that site to understand how your online information may be collected, used and shared.

Agreement to this Policy: By using, interacting with, entering information, or viewing information on this Site, you expressly acknowledge and consent to this Online Privacy Policy, including your consent to our use and disclosure of information collected from, or about, you in the manner described herein. You agree that Debt.com can rely on your use and interaction with this Site as your express consent to the terms of this Online Privacy Notice.

Collecting and Using Information

Registration and Other Information Provided to Us

When you visit and/or subscribe to Debt.com, you may be asked to disclose Personally Identifiable Information (also known as “PII”). You may also choose to submit PII to us when you send us an email. You acknowledge and agree that we may use and store any such PII about you in accordance with our Privacy Policy. We may also process and store your PII on a server located outside of your jurisdiction. By providing your PII to us, you consent to the transfer of your information across national boundaries. If you do not consent to such transfer as well as the processing and storage of your personally identifiable information outside your jurisdiction, you should not provide such PII to us and end your interaction with our Site. Debt.com will not process or transfer PII or other information across international boundaries, and does not conduct any data processing or transfer with European entities.

Personal Information We Collect Online

Personal Information means information you provide via forms, surveys, applications or other online fields including but not limited to the following: any information constituting PII, your name, postal or email addresses, telephone, fax or mobile numbers, or account numbers.

How We Use Personal Information

We may use Personal Information, including PII, as follow:

• to respond to your inquiries and fulfill your requests;
• to inform you about important information regarding the Site, products or services for which you may apply or in which you are enrolled, changes to terms, conditions, and policies and/or other administrative information;
• to deliver marketing communications that we believe may be of interest to you, including, ads or offers tailored to you, including ads on other websites, or from affiliated or unaffiliated third parties;
• to personalize your experience on the Site;
• to allow you to apply for various products or services and evaluate your eligibility for such products or services;
• to verify your identity and/or location (or the identity or location of your representative or agent) in order to allow access to services you may enroll in, conduct online transactions and to maintain measures aimed at preventing fraud and protecting the security of your Personal Information;
• to allow you to participate in surveys and other forms of market research, sweepstakes, contests and similar promotions, and to administer these activities. These activities may have additional rules of participation, which may also contain additional policies about how the Personal Information provided is used and/or shared;
• to allow us to verify your identity or other information collected from or through our social media pages or campaigns and other interaction with online forms generated on our behalf. We may combine and use PII you provide in this Site with the information collected from our social media pages or from your interaction with online forms generated on our behalf.
• to allow you to enter and participate in our live chat, forums, and/or other Bulletin Board that we may have on the site from time to time.
• for business purposes, including data and marketing analysis, audits, developing and improving products and services, enhancing the Site, identifying usage trends and determining the effectiveness of promotional campaigns;
• for risk control, fraud detection and prevention, to comply with laws and regulations, and to comply with other legal process and law enforcement requirements;
• to allow you to utilize features within our Site by granting us access to information from your device such as contact lists, or geo-location when you request certain services.

How Personal Information is Shared

When you submit Personal Information and/or PII to us (which may include among other information your first name, last name, email address, zip code, contact phone number, other information provided by you such as your date of birth or household income), you acknowledge and agree that we may share this information with third party service providers offering various products and/or services in which you were interested in or have requested additional information about. You also acknowledge and agree that the Personal Information provided may also be used for cross-marketing purposes with third party affiliates and to provide you with offers that may be of interest or benefit to you based upon your initial request. Our affiliates and/or third-party companies may use your email address for their own marketing use.

We may also share information that is not considered PII collected from you, consisting of general information about our user base with our advertising affiliates who drive traffic to our website to help them identify and target our ideal customer. We may also share your contact information with third parties who may contact you for a free, no-obligation consultation about services that may be of interest to you based on your interaction with our Site. For your reference, a non-exclusive list of third party companies with whom we may share your information is here.

Right to Opt-Out of Sharing

If you prefer that we not share your PII or additionally collected information with third parties for direct marketing purposes, you may opt out of such sharing by emailing us your request at [email protected]

Other Information We Collect Online

Other Information is any information, other than Personal Information or PII, which does not reveal your specific identity or does not directly relate to an individual, such as browser information, information collected through cookies, pixel tags and other technologies, demographic information, and aggregated and de-identified data. In the event that information collected through cookies, pixel tags and other technologies, demographic information is determined to contain PII, you understand and agree that Debt.com may use and transfer such PII in accordance with the terms governing PII in this Notice.

How Do We Collect and Use Other Information

We and any of our affiliated third-party service providers may collect and use Other Information in a variety of ways, including but not limited to the following:

• Through your browser or device: Certain information is collected by most browsers and/or through your device, such as your Media Access Control (MAC) address, device type, screen resolution, operating system version and internet browser type and version. While such information is often regarded as Other Information, you understand that it may be treated as PII and thus, regardless of its nature, it may be used under the PII provisions of this Notice. We use this information to ensure Sites function properly, for fraud detection and prevention, and security purposes.
• Using cookies: Cookies are pieces of information stored directly on the device that you are using to access our Site. Cookies we use do not contain or capture unencrypted Personal Information. Cookies allow us to collect information such as browser type, time spent on the Site, pages visited, language preferences, and general interaction with our Site. We may use the information collected from cookies for various purposes including, but not limited to, the following: for security purposes, to facilitate navigation, to display information more effectively, to personalize/tailor your experience while interacting with our Site or engaging with us, and to recognize your device in the future for ease of use of our online products and services. We, further, collect statistical information about the usage of the Site in order to continually improve the design and functionality, to monitor responses to our advertisements and content, to understand how visitors use the Site and to assist us in resolving issues with the Site. We also utilize cookies for advertising purposes. Please see the Advertising section below for more information. You may refuse to accept these cookies and most devices and browsers offer their own privacy settings for cookies. You will need to manage your cookie settings for each device and browser you use. However, please be advised that should you choose not accept these cookies, the Site and some online products and services may not work properly as you proceed to interact with our Site.
• Other technologies including pixel tags, web beacons, and clear GIFs: These may be used in connection with some Site pages, downloadable mobile applications, and HTML-formatted email messages to measure the effectiveness of our communications, the success of our marketing campaigns, to compile statistics about usage and response rates, for fraud detection and prevention, for security purposes, and for advertising. You understand and agree that we may use third party pixel tags, web beacons and/or clear GIFs that may give access to third parties to you information, including your IP address and browsing activity on pages of our Sites where these devices are placed. You understand that we do not control any information gathered by such devices or its use by such third parties. Please see our Advertising section below for more information regarding our use of these and other technologies.
• Google Analytics: We use a tool called “Google Analytics” to collect information about use of this Site. Google Analytics collects information such as how often users visit this Site, what pages they visit when they do so, and what other Sites they used prior to coming to this Site. We use the information we get from Google Analytics only to improve this Site. Google Analytics collects only the IP address assigned to you on the date you visit this site, rather than your name or other identifying information. If the Google Analytics is determined to be PII, we will maintain and use the information gathered from Google Analytics pursuant to the terms governing PII in this Notice. We do not combine the information collected through the use of Google Analytics with other PII that you may provide on our Site. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit this Site, the cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to this Site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. You may prevent Google Analytics from recognizing you on return visits to this site by disabling cookies on your browser.
• IP Address: Your IP Address is a number that is automatically assigned to the device that you are using by your Internet Service Provider (ISP). Your IP may be dynamic or static. An IP Address is identified and logged automatically in our server log files whenever a user visits the Site, along with the time of the visit and the page(s) that were visited. Collecting IP Addresses is standard practice on the internet and is done automatically by many web sites. We will treat your IP as PII if it is used to identify you for any purpose in accordance with this Notice. Furthermore, we may use IP Addresses for purposes such as calculating Site usage levels, helping diagnose server problems, advertising, for compliance and security purposes and administering the Site. Please see the Advertising section below for more information.
• Aggregated and De-identified Data: Aggregated and De-identified Data is data that we may create or compile from various sources, including but not limited to accounts and transactions. This information, which does not identify individual PII, may be used for our business purposes, which may include offering products or services, research, marketing or analyzing market trends, and other purposes consistent with applicable laws.

Additional Information

Third party widgets – We may allow use of certain widgets (e.g., social share buttons) on our Sites that enable users to easily share information on another platform, such as the user’s social media platform. You understand and agree that the third parties’ widgets may give access, and the third parties may be granted access, to certain information about your browsing on pages of our Sites where these widgets are placed. You understand that we do not have control on the information to which the third parties receive access and you may wish to review the privacy information at the third party site to determine how these third parties collect and treat such information.

Retargeting – As you browse https://www.debt.com, advertising cookies will be placed on your computer so that we can understand what you are interested in. Our display advertising partners, enable us to present you with retargeting advertising on other sites based on your previous interaction with https://www.debt.com and affiliated pages and sites.

Google Interest Based Advertising Program – In order to enhance your experience when you visit our Site, we participate in the Google Interest-based Advertising Program (“Program”) to ensure the advertisements on this Site correspond to your interests. We do this by working with Google and other Program participants who, like us, place ads on our Site and those of other Program Participants. We then share the information we collect using Web Cookies placed in your browser in order to provide you with targeted advertising when you visit the Site. You may opt out of Google’s use of cookies by visiting the https://policies.google.com/technologies/ads Google Advertising Opt-Out Page.

Third-Party Web Beacons – We use third-party web beacons from Yahoo! to help analyze where visitors go and what they do while visiting our website. Yahoo! may also use anonymous information about your visits to this and other websites in order to improve its products and services and provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by Yahoo! click here or visit https://yahoo.mydashboard.oath.com/device.

The Facebook Companies – Facebook owns and operates each of the companies listed below, in accordance with their respective terms of service and privacy policies. We may share information about you within the family of companies to assist in advertising our services. For more information on the Facebook Companies’ privacy practices and how they treat individuals’ information, PII or additionally collected information, please visit the following links:

• Facebook Payments Inc. (https://www.facebook.com/payments_terms/privacy)
• Facebook (https://developers.facebook.com/policy)
• Facebook (https://www.facebook.com/about/privacy/)
• Facebook (https://www.facebook.com/legal/terms)
• Instagram LLC TOS (https://www.instagram.com/about/legal/terms/)
• Atlas (https://www.atlashxm.com/privacy-notice)
• Instagram LLC (http://instagram.com/about/legal/privacy/)
• Parse (https://opencollective.com/privacypolicy)
• Oculus (https://www.oculus.com/legal/privacy-policy/)WhatsApp Inc. (https://www.whatsapp.com/legal/)

Opt-Out Policy for Newsletter and Email Subscriptions

You may opt-out or unsubscribe from a newsletter or other email list at any time by following the instructions at the end of the newsletters or emails which you receive. Please allow five to ten (5-10) business days for changes to take effect. You understand and agree that during that period and while your request is pending you may still receive newsletters and emails. Client service-related communications are an integral part of the services you receive from us, and you may continue to receive such service-related emails unless you cancel your account, even if you opt out of the newsletters or email list. If you have provided more than one email address to us, you may continue to be contacted unless you request to unsubscribe each email address you have provided. You may also opt-out of receiving our newsletter or marketing emails by contacting us at [email protected] or by replying to an existing email with your request to be removed from the mailing list.

Short Message Service

We may make available a service through which you can receive communications your wireless device via short message service (“SMS Service”). Data obtained from you in connection with this SMS service may include your name, address, cell phone number, your provider’s name, and the date, time, and content of your messages. By providing your contact information, you affirmatively represent that you are 18 years of age and the owner or authorized user of the wireless device on which messages will be received, and that you understand that such communication may be subject to certain applicable charges, and that you approve all such applicable charges. In addition to any fee of which you are notified, your provider’s standard message and data rates may apply to our SMS confirmation and all subsequent SMS correspondence. All charges for data rates are billed by, and payable to, your mobile service provider. We will not be liable for any delays in the receipt of any SMS messages, as delivery is subject to effective transmission from your network operator. We will not be liable if SMS are received after hours due to such transmission delays. SMS message services are provided on an AS IS basis. We may also obtain the date, time, and content of your messages in the course of your use of the SMS Service. We will use the information we obtain in connection with our SMS Service in accordance with this Privacy Policy. We may provide your carrier with your applicable information in connection with your consent to receive SMS. Your wireless carrier and other service providers may also collect data about your wireless device usage, and their practices are governed by their own policies. We will not be liable for any data use or misuse by your wireless carrier.

You acknowledge and agree that the SMS Service is provided via wireless systems which use radios (and other means) to transmit communications over complex networks. You must have a two-way text-enabled phone with compatible carrier and plan. Compatible major carriers include Alltel Wireless, AT&T, Boost Mobile, Nextel, Sprint, T-Mobile, Verizon Wireless and Virgin Mobile USA. We do not guarantee that your use of the SMS Service will be private or secure, and we are not liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the SMS Service.

SMS and Phone Call Opt-In

By providing your phone number and/or joining our SMS Service, you expressly authorize us to contact you (including using autodialers, automated text and pre-recorded messages) via your telephone, cellphone, mobile device (including SMS and MMS) 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 may choose to opt-out and remove your authorization to receive such calls and/or text messages by emailing us your instructions at [email protected]. You may also opt-out and remove your authorization to receive SMS text messages by replying or sending “STOP”, “END”, “QUIT”, “UNSUBSCRIBE”, or “CANCEL” to the Company.

Security
At Debt.com, the security of your personal information is extremely important to us. We take commercially reasonable precautions to protect your personal information and only provide employees access to it on a need-to-know basis. In an effort to prevent the unauthorized access, disclosure, dissemination, misuse, loss, alteration or destruction of your personal information, we have employed commercially reasonable physical, electronic, and managerial measures to protect your data and we periodically review these policies and procedures to prevent these types of acts. However, despite our best efforts, no security policy, procedures or practices are adequate to protect against all types of threats or data losses and no type of data transmission method is impenetrable to interception.

Advertising
Debt.com advertises online through various methods (e.g., pages within our Sites and mobile apps through company managed social media presences, and/or through other sites and mobile apps not affiliated with Debt.com) and offline through various methods (e.g. through call centers, and direct marketing). In order to understand how advertising performs, we may collect certain PII and additionally collected information on our Site or through other sites and mobile apps through our advertising service providers or partners using cookies, IP addresses, and other technologies. The collected information may include, but is not limited to, the number of page visits, pages viewed on our Site, search engine referrals, browsing activities over time and across other sites following your visit to one of our Site or apps, and responses to advertisements and promotions on the Site and on sites and apps where we advertise.

Debt.com uses the PII and additionally collected information (as applicable) described in this Notice to help advertise our products and services in a variety of ways. We may use such information to:

• Present tailored ads to you in the form of:
• Banner ads and splash ads and other mobility applications; or
  • E-mail newsletters and communications, postal mail, and other telemarketing communications;
• Analyze the effectiveness of our ads; and/or
• Determine whether you might be interested in new products or services which may be offered by our third party service provider partners.

Our services may also be offered to you in advertisements presented by other providers using information obtained during your visits to our Site.