Last Updated: July 2, 2020
- For purposes of this Agreement, “you” or “your” means the person(s) using the Websites and/or the Services, and any person(s) for whom such person(s) are acting as an agent with respect to the Websites and/or the Services.
- “Debt Defenders”, “us” or “we” includes Debt Defenders, LLC and any of its affiliates or subsidiaries.
- “Loan” includes, but may not be limited to, any of the credit and related products and services which you may inquire about by using the Debt Defenders websites.
- “Provider(s)” includes, but may not be limited to, the banks, lenders, financial institutions, insurers, service providers, real estate companies, dealers, agents, brokers and other entities offering products and services through Debt Defenders’ Websites.
- “Form” refers to your request to be matched with Debt Defenders’ services and/or a provider of any of the products and services that you may be connected to through Debt Defenders’ Websites or telephone agents.
We reserve the right, at our sole discretion, to change or modify the Websites or this Agreement (or any portion thereof) at any time. Such changes and modifications become effective immediately upon posting on the Websites. You agree to review this Agreement for any such changes upon your use of the Websites and that your continued use of the Websites or Services constitutes your acceptance of such changes and modifications. The Websites are intended for individuals who are at least 18 years of age and are accessing the internet from a physical location within the United States of America. By using or accessing the Websites, you acknowledge that you are 18 years of age or older and are accessing the internet from a physical location within the United States of America.
Copyright, Trademark and Service Mark Notices
All text, graphics, photographs, videos, sound, trademarks, logos, artwork, interfaces and computer code, including but not limited to the design, coordination, “look and feel” and arrangement of elements contained on the Websites (collectively “Content”) is owned or licensed by or to Debt Defenders. The Content is protected by trademark, copyright, and patent laws, and other intellectual property rights and unfair competition laws. Except as expressly stated herein, no part of the Websites or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, transmitted or distributed in any way, including the use of framing or mirrors, to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Debt Defenders’ prior written permission. Nothing on the Websites should be construed as granting any license or right to use any Content.
Disclaimers and Liability
THE WEBSITES, CONTENT AND SERVICES ARE PROVIDED FOR USE “AS IS” WITHOUT WARRANTY OF ANY KIND. DEBT DEFENDERS DOES NOT WARRANT THAT THE WEBSITES, CONTENT OR SERVICES WILL BE ACCURATE, ERROR-FREE OR UNINTERRUPTED. DEBT DEFENDERS DOES NOT WARRANT THAT THE WEBSITES, CONTENT OR SERVICES WILL PROVIDE SPECIFIC RESULTS.
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW:
- UNDER NO CIRCUMSTANCES WILL DEBT DEFENDERS BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF YOUR RELIANCE ON OR USE OF THE WEBSITES, CONTENT, SERVICES OR OTHER ITEMS LOCATED ON THE WEBSITES.
- DEBT DEFENDERS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
ADDITIONALLY, THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THE WEBSITES DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY US. ALL SUCH INFORMATION, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.
You agree to indemnify, defend and hold harmless Debt Defenders and its officers, directors, shareholders, predecessors, successors-in-interest, licensors, employees, agents, subsidiaries and affiliates (“Debt Defenders Parties”), from and against any and all claims, losses, liabilities, expenses (including attorneys’ fees and costs) and damages arising out of or relating to your use of the Websites or Services, your violation of any third-party right or law, or your violation or alleged violation of this Agreement. You must not settle any such claim or matter without the prior written consent of Debt Defenders. The Debt Defenders Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you further agree that you will cooperate fully in the defense of any such claims.
Limitation on Damages
DEBT DEFENDERS’ LIABILITY, IF ANY, SHALL BE LIMITED TO DIRECT AND FORESEEABLE DAMAGES, WHICH SHALL NOT EXCEED THE AMOUNT PROVIDED BELOW. UNDER NO CIRCUMSTANCES SHALL DEBT DEFENDERS BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, STATUTORY, PUNITIVE OR EXEMPLARY DAMAGES SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, LOSS OF OR DAMAGE TO DATA, OR EMOTIONAL DISTRESS NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL DEBT DEFENDERS’ TOTAL LIABILITY EXCEED U.S. $100.00. THESE LIMITATIONS AND EXCLUSIONS APPLY EVEN IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE OR IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THESE LIMITATIONS AND EXCLUSIONS APPLY TO ANY CLAIMS RELATED TO THIS AGREEMENT OR TO THE SERVICES.
Links to Third Party Websites
The Websites may contain links to websites maintained by third parties. Such links are provided for your convenience and reference only. We do not operate or control in any respect any information, software, products or services available on non-affiliated third-party websites. Our inclusion of a link to a website does not imply any endorsement of the services or the website, its contents, or its sponsoring organization. Your use of any such third-party websites may be subject to other terms and conditions imposed by the third parties maintaining those websites. When you leave the Websites, you agree that We are not responsible for the accuracy or content of the information provided by that website, nor is it liable for any direct or indirect technical or system issues arising out of your access to or use of third-party technologies or programs available through that website.
Errors and Delays
You agree that Debt Defenders is not responsible for any errors or delays in responding to a request or referral form caused by, including but not limited to, an incorrect email address or other information provided by you or other technical problems beyond our reasonable control.
Dispute Resolution, Governing Law, Waivers and Limitations
YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND US, INCLUDING WITHOUT LIMITATION DISPUTES RELATING TO THE WEBSITES, CONTENT OR SERVICES (“DISPUTE”), SHALL BE FINALLY AND EXCLUSIVELY RESOLVED BY BINDING INDIVIDUAL ARBITRATION IN ACCORDANCE WITH ITS CONSUMER ARBITRATION RULES. DISPUTES WILL BE ARBITRATED AT A HEARING CONDUCTED IN NEW YORK, NEW YORK; THE ARBITRATOR(S) SHALL HAVE NO AUTHORITY TO DEVIATE FROM THE LAW, AND THE ARBITRATOR(S) SHALL MAKE ALL REASONABLE EFFORTS TO EXPEDITE THE ARBITRATION PROCEEDINGS AND TO LIMIT DISCOVERY. THIS MEANS THAT YOU WILL NOT BE ABLE TO LITIGATE ANY SUCH DISPUTE IN COURT, AND THAT YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL. YOU AGREE THAT ANY DISPUTE WILL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ANY CONFLICTS OF LAWS PROVISIONS. IF ANY MATTER PROCEEDS IN COURT, INCLUDING POST-ARBITRATION CONFIRMATION PROCEEDINGS, YOU AGREE TO THE EXCLUSIVE PERSONAL JURISDICTION BY, AND VENUE IN, THE STATE AND FEDERAL COURTS LOCATED IN NEW YORK COUNTY, NEW YORK, AND WAIVE ANY OBJECTION TO SUCH JURISDICTION OR VENUE.
You agree that no arbitration under this agreement shall be joined to an arbitration involving any other party subject to this agreement. Arbitration must be on an individual basis. You may not join or consolidate claims in arbitration or litigate in court or arbitrate any claims as a representative or member of a class or in a private attorney general capacity.
You agree that any dispute or disagreement regarding the enforceability, applicability or interpretation of any provision of this Agreement, including the provisions regarding dispute resolution and arbitration, is a Dispute subject to the arbitration provisions herein and shall be resolved by an arbitrator.
You also agree that any dispute or cause of action arising out of or related to the Websites, Services or Content must be commenced within one year from the later of (1) when the dispute or cause of action accrues or, (2) through the exercise of reasonable diligence you should have known about the accrual of the cause of action. Otherwise, such cause of action is permanently barred.
You acknowledge and agree that, in entering into this Agreement, you are not relying on any representation, warranty, statement or promise, express or implied, not explicitly set forth in this Agreement, and you hereby waive any claimed reliance on same. If any provision of this Agreement shall be found to be invalid or unenforceable, you agree such provision shall, to the maximum extent feasible, be modified by to render it enforceable with respect to the Dispute at issue and to reflect to the maximum extent possible the intent of the existing language of the provision when considered in the context of this Agreement as a whole, that such modified provision shall be enforced with respect to the underlying claims in the Dispute at issue, and that such a finding of invalidity or unenforceability shall not affect the validity or enforceability of this Agreement as a whole or of any other provision of this Agreement.
Terms Applicable to All Services
We provide content related to products/services we offer and fulfill upon, certain educational content, and operate online marketplaces that enable consumers to consider and be matched with Providers through Debt Defenders’ Websites for financial products and services.
By submitting any Form through a Debt Defenders Website, and separately for each such request you submit, you are indicating that you desire to be contacted by Providers, and you are providing express written consent that Debt Defenders and Providers with whom you are matched, may deliver calls or text messages to you, including for marketing purposes, using an automatic telephone dialing system or an artificial or prerecorded voice to the phone number you have provided. You understand that you are providing this consent to receive such telephone calls even if your telephone number is currently listed on any federal, state, local, internal, or corporate Do-Not-Call (“DNC”) Lists. You understand that you are not required to consent to receive these communications as a condition of using Debt Defenders’ services.
You consent to receive email from Debt Defenders, its affiliates, and its Providers at the email address you provided or at other addresses that may be associated with you that we receive from Providers or other parties. You hereby consent to any such email, so it will not be considered spam or unauthorized by any local, state or federal law or regulation. You agree that the consents described herein shall remain valid and in effect until you revoke them by opting out as described below.
You may opt out of receiving emails from Debt Defenders at any time by engaging in any of the following reasonable means: (1) emailing us at [email protected] (2) notifying a Debt Defenders customer service representative that you no longer wish to be contacted by Debt Defenders and are revoking your consent to be contacted; or (3) Responding to any SMS, mobile, or text message you receive from Debt Defenders in accordance with the express written instructions of that particular messaging program. You agree to notify any particular Provider directly if you no longer want to receive communications from them. You further agree that Debt Defenders is not responsible for a Provider’s failure to follow your or our instructions to stop contacting you.
Debt Defenders is not a lender or a creditor. Debt Defenders is not an agent of either you or any Provider. Except as otherwise provided for in your state (please see the Licenses section of the Websites), Debt Defenders is not acting as your agent or as the agent of any Provider. Debt Defenders’ services are only administrative. You agree you will rely on your own judgment and research independent of any communications or information you receive from Debt Defenders in deciding which available product, terms and Provider best suits your needs and financial situation.
Any Form you submit is not an application for credit or credit/debt related services. Rather, it is an inquiry to be matched with Debt Defenders and/or the Providers that may be able to present conditional offers. The Provider (other than Debt Defenders) is solely responsible for its services to you, and you agree that Debt Defenders shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of such services or your interactions with any Provider. You understand that Providers may keep your Form information and any other information provided by Debt Defenders or received by them in the processing of your Form, whether you are qualified for a product with them or complete a formal application for services with them.
For any Service, by saving your information with Debt Defenders or submitting a Form, you represent that all the information you have provided is true, accurate, current and complete. You further acknowledge that you alone will use your account to access the Services. You must not sell, transform or assign your account to anyone else. You agree to keep your login information confidential, to employ reasonable and appropriate safeguards to prevent unauthorized access to your account, and to not share your account credentials with any third party or allow anyone else to log into our Services as you. You are responsible for all activities that occur under your member account. If you believe that your account is no longer secure, you agree to notify us immediately.
In addition, certain state and federal laws require that the information you provide us is housed and securely maintained and cannot be removed, purged, or destroyed until the expiration of certain prescribed periods. Providers may also from time-to-time be required to share the information you submit to them with Debt Defenders in order to adhere to applicable laws. Providers and Debt Defenders may also maintain and share information provided by you and about you by third parties for internal marketing and analytics. You are providing express written consent for the retention of this information upon completion of an inquiry form for Debt Defenders and the selected Provider to share this information for these purposes.
By submitting a Form, you are providing express written instructions under the Fair Credit Reporting Act for Debt Defenders and Provider partners with whom you are matched to obtain your consumer credit report from your credit profile or other information from contracted Credit Bureau(s) for the purpose of matching you to a Provider, product, or service through the Debt Defenders network. This information could include, but might not be limited to, your credit report, credit score, and other credit information. Debt Defenders may obtain a limited credit report (“soft pull”) regardless of whether you provide your Social Security Number. To help the government fight identity theft, the funding of terrorism and money laundering activities, and to help attempt to verify your identity, Debt Defenders and its Providers may obtain, verify and record information that identifies each person who opens an account with us and Providers. Debt Defenders and its Providers may ask for your name, Social Security Number, address, telephone number, date of birth and other important information including, but not limited to, information received from your credit file, that may allow us and Providers to properly identify you. It is possible that a Provider may perform a soft inquiry on your credit at the same time for the same or similar purposes, but the soft inquiry into your credit does not impact your credit score. Not all Providers will receive your Social Security Number and, for those that do, not all will perform the soft inquiry of credit. Debt Defenders does not perform hard inquiries into credit, though certain lenders on its network will perform a hard inquiry to evaluate you for a firm offer of credit. From time-to-time Debt Defenders is examined by state and federal regulators and as such is required to maintain your Personally Identifiable Information to adhere to certain jurisdictions’ data retention requirements. Your information may also be obtained from Providers after you are matched to adhere to state and federal reporting and record retention requirements. You authorize Debt Defenders and its participating Providers to share such information as required.
Services offered by Providers may only be made to residents of states where Providers are authorized to make their products and/or services available. A Provider’s participation in and offering of its products on the Websites does not constitute an offer by any Provider or by Debt Defenders to provide services outside of their authorized jurisdictions, and to the extent you seek or receive information from a Provider regarding any prospective service which would be outside of the Providers’ authorized jurisdiction, that information is for informational purposes only. Providers shall have the right to discontinue, suspend or terminate the offering of any product or service in any specific state through the Websites at any time, without prior notice.
We do not guarantee acceptance into any particular program or specific terms or conditions with any Provider; approval standards are established and maintained solely by individual Providers. Likewise, we do not guarantee that the rates offered by Providers include the lowest rates available in the market or the rate that the Providers will ultimately charge. Providers may not offer all products as well as not offer products in all states. You might not be matched with the Provider making any specific offer.
By clicking on any button indicating an acceptance or agreement to terms, a continuance of processing or submission (collectively, a “submission”) you understand that you are consenting, acknowledging and agreeing to the stated terms and conditions of that submission and that you are submitting an inquiry for a Service through Debt Defenders to each of the Providers to whom your inquiry is transmitted.
Terms Applicable to Financial Education Content
We provide content and tools on our Websites that allow you to enhance your financial education and learn how certain financial decisions could impact your financial well-being. We provide these materials for informational, educational, and entertainment purposes only, and at no time are we providing legal, financial, investment, tax planning, or medical advice. You may see offers on these Websites from companies that compensate us. This compensation may impact the location and order in which these offers appear. Our Websites do not include the entire universe of available credit or financial offers.
Ratings & Reviews and User-Generated Content
On certain Debt Defenders Websites, you may submit user-generated content. By submitting any content on these Websites or through any social media channel associated with Debt Defenders , you represent and warrant that:
- you are the sole author and owner of the intellectual property rights thereto;
- all “moral rights” that you may have in such content have been voluntarily waived by you;
- all content that you post is accurate;
- you are at least 13 years old; and
- use of the content you supply does not violate this Agreement and will not cause injury to any person or entity.
You further agree and warrant that you shall not submit any content:
- that is known by you to be false, inaccurate or misleading;
- that infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
- for which you were compensated or granted any consideration by any third party;
- that includes any information that references other websites, addresses, email addresses, contact information or phone numbers; or
- that contains any computer viruses, worms or other potentially damaging computer programs or files.
You agree to indemnify and hold Debt Defenders (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys’ fees, arising out of a breach of your representations and warranties set forth above, this Agreement, or your violation of any law or the rights of a third party.
For any content that you submit on the Websites, TrustPilot, Facebook, Twitter or any similar Debt Defenders-affiliated social media property, you grant Debt Defenders a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
By submitting content or submitting your email address in connection with your rating and review, you agree that Debt Defenders and its third-party service providers or the entity being reviewed may use your email address to contact you about the status of your review and other administrative purposes.
How We Are Compensated
Debt Defenders may be paid a marketing lead generation fee by Providers for the goods, facilities and services provided. Your use of the Websites and/or Debt Defenders’ services constitutes your agreement with this compensation arrangement.
Terms Applicable to Account Creation and/or Registration Features
By creating and/or registering for an account (whether directly or in conjunction with submitting a Form), you understand and consent to Debt Defenders receiving and accessing consumer report information about you from one or more credit bureaus. By registering with Debt Defenders, you are providing express written instructions under the federal Fair Credit Reporting Act that we may use and analyze your information as follows: to (a) present you an overview of your credit profile including detailed information where available; (b) provide you with customized recommendations and general information about you; and/or (c) serve you targeted ads and other communications based on your information, (d) identify affiliate and non-affiliate Providers that may be able to provide valuable services to you; (e) so that Debt Defenders may perform analysis and data modeling in order to offer customers better Services in the future. This information could include, but might not be limited to, your credit report, credit score, and other credit information. For as long as you maintain a Debt Defenders account, you are providing express written consent for us to maintain and share information provided by you, and about you by third parties, to assist with litigation, regulatory request(s), law enforcement requests, internal analytics, marketing purposes, and any other legally permissible purpose.
Generally, widgets are tools that you may place on your website, which allow visitors to your website to access and view content on or from another website. Widgets published by Debt Defenders (“Widgets”) provide access to the Websites, Content and Services from points outside of the Websites. Widgets may be placed on your websites, blogs, your pages at online social network or media sites (to the extent permitted by such sites), and other similar platforms. Debt Defenders prohibits the placement of Widgets on websites, platforms or devices that contain content that is sexual, offensive, deceptive or illegal in nature or that in any way promotes or encourages hatred, violence, discrimination or illegal activities, or otherwise inappropriate as determined by Debt Defenders in its sole discretion. You shall use the Widgets in a manner consistent with all applicable laws and solely for lawful purposes. You cannot use the Widgets for any other purpose, and nothing in this Agreement shall be deemed to grant you any rights, title or interest in the Widgets, Websites, Content or Services. Debt Defenders reserves the right to remove or demand the removal of any Widget, or revoke your right to use any Widget, for any reason.
By accessing and using any Widget (including copying any Widget html code), you agree to be bound by the following:
- You may only display the Widget(s) on a website you own and operate and not in any other manner or in any other medium.
- You may not modify any Widget. Without limitation, you may not change any code provided by Debt Defenders, obscure or disable any element of any Widget, tag links to Debt Defenders from the Widget with a “nofollow” attribute or otherwise prevent or discourage search engines from following or scoring link.
- Except for displaying the Widget, you agree not to make any representations, warranties (express or implied) or other statements concerning Debt Defenders, our Websites, Services, and Providers.
- You may not display any Widget in any manner that implies affiliation with, sponsorship or endorsement by Debt Defenders.
- You must place the Widget on a page that is context-appropriate to the content of the Widget, and any reference to Debt Defenders or its products and services must be accurate. For example, you may place Widgets on pages of your web site that contain a discussion of personal finance, mortgages or residential real estate.
- You may not place the Widget on any site that contains any content that is in any way unlawful, harmful, obscene, harassing, or racially, ethnically, or otherwise objectionable. Additionally, you may not place the Widget on any site that disparages Debt Defenders, our Services, or the products/services of Providers on our network, infringes any Debt Defenders intellectual property or other rights, or violates any applicable law.
- Debt Defenders grants you a non-transferable, non-exclusive, revocable right to download/display the Widget solely in accordance with (i) the terms of this Agreement and (ii) solely in connection with the Widget, to use our logos, trademarks, trade names and other intellectual property contained in the Widget. This Agreement does not grant you any right in any Debt Defenders code, content, logos or trademarks beyond the limited permission to display the Widget granted herein. Debt Defenders reserves the right at any time to terminate or modify your permission to display the Widget. The Widgets are subject to change from time to time in our sole discretion. We may cease to return content from the Widget at any time in our sole discretion.
- You acknowledge and agree that Debt Defenders may crawl or otherwise monitor your web site to confirm compliance with this Agreement.
- The Widget and any information, software, and related services are provided “as is” with no warranty, and Debt Defenders expressly disclaims any warranties that may be expressed or implied by law regarding any Widget, including warranties of accuracy or non-infringement. Use of Widgets is at your own risk. Debt Defenders is not liable for any direct, indirect, punitive, incidental, special or consequential damages or other injury arising out of or in any way connected with the use of any Widget whether resulting in whole or in part, from breach of contract, tortious behavior, negligence, strict liability or otherwise.
- Debt Defenders reserves the right to change this Agreement in its sole discretion at any time without notice, and you are responsible for regularly reviewing this Agreement. Your continued use of any Widget after the effective date of such changes will constitute acceptance of, and agreement to, any such changes.