DEBTFREE.COM™ TERMS OF USE AND SERVICE AGREEMENT.

 

Last Updated: December 28, 2007

 

READ THIS TERMS OF SERVICE AND USE AGREEMENT BEFORE ACCESSING WEBSITE

 

WELCOME TO DEBT FREE & PROSPEROUS LIVING'S® (“DFPL”) DEBTFREE.COM WEB SITE (HEREINAFTER SOMETIMES REFERRED TO AS THE “SITE” OR “WEB SITE”).

 

ATTENTION: PLEASE READ THESE TERMS OF SERVICE AND USE AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE USING THIS WEB SITE. BY USING THIS WEB SITE, INCLUDING ANY SERVICES PROVIDED ON OR THROUGH THIS SITE, YOU INDICATE THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS SITE.

 

BY ACCESSING OR USING ANY PART OF THE WEB SITE OR ITS PRODUCTS AND SERVICES (COLLECTIVELY, “SERVICES” OR “SERVICE”), YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THIS AGREEMENT. IF YOU DO NOT AGREE TO THE ALL OF TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD IMMEDIATELY CEASE ALL USAGE OF THIS WEB SITE OR THESE PRODUCTS AND SERVICES.

 

We reserve the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice. Modifications shall become effective immediately upon being posted at on this site. Your continued use of the Site after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

 

DFPL may also offer other services that are governed by a different agreement. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages at this Site.

 

1.             NATURE OF SITE.

DebtFEE.com can help you understand and manage your debt. The suggestions provided are based on the information and assumptions you enter. The contents or material DFPL provides through the Web site are provided for informational purposes only and should not be construed as medical, legal, financial, investment, or other professional advice or opinion. The accuracy of the applications and their applicability to your circumstances are not guaranteed. Use of this Web site is not a substitute for a call or visit to, or consultation with a financial professional. You should not rely on this Web site or any other service offered by or through this site for financial advice. Testimonials that appear on this Web site do not imply that similar results will happen with your use of one of our products and may not be typical of all users. DFPL makes no representations concerning, and does not guarantee, their accuracy or their applicability to your circumstances, including your financial situation. No book, software or other published material is a substitute for personalized advice from a knowledgeable professional.

2.             IMPORTANT DISCLOSURES ABOUT DEBTFREE.COM™ and CASH-FLOW ANALYSIS™ TOOL.

 

You have control over the data entered and DFPL does not independently verify such data. DFPL does not provide any type of loan, mortgage financing, credit card services, debt reduction services, tax services, and financial services or advice. The information and simulator services provided by DFPL may not be suitable for your needs. DFPL does not provide tax, legal or investment advice. If you need legal advice, legal expertise or need to make court filings, you must seek the advice of a licensed attorney.

 

You understand that your results may vary based upon a number of factors including creditor participation, amount owed to creditors, and your individual financial situation. Nonpayment of debt may result in a negative entry on your credit report and lead creditors to increase finance and other charges or undertake collection activity, including litigation. Taxes may apply on settled debt, even though you will not actually receive any money.

 

 

DFPL IS NOT RESPONSIBLE FOR LATE, DELINQUENT, OR MISSED PAYMENTS TO CREDITORS. CONSUMERS SHOULD CONSULT AN ATTORNEY FOR INFORMATION ABOUT THEIR RIGHTS UNDER THE LAW.

 

These results of the Cash-FLOW Analysis™ tool are merely estimations and do not constitute any guarantee or warrantee of any kind whatsoever. These results are projections that assume that during the course of time outlined therein that no additional debt will be incurred, any and all payments are made “on time” and no late fees or increases in interest rates are incurred, no balance transfers have been made, and that DebtFREE.com is using algorithms that estimate how creditors may internally calculate how payments are processed.

 

The Federal Trade Commission publishes articles at www.ftc.gov that you are encouraged to read before signing up for any debt assistance program or service, including: http://www.ftc.gov/bcp/conline/pubs/credit/kneedeep.htm.

 

 

DEBTFREE.COM IS NOT CREDIT REPAIR:

 

DFPL IS NOT A CREDIT REPAIR ORGANIZATION OR SIMILARLY REGULATED ORGANIZATION GOVERNED BY THE FEDERAL CREDIT REPAIR ORGANIZATIONS ACT OR SIMILAR STATE LAWS. DFPL DOES NOT PROVIDE SO-CALLED “CREDIT REPAIR” SERVICES OR ADVICE OR GIVE ADVICE OR ASSISTANCE REGARDING “CLEANING UP” OR “IMPROVING” YOUR CREDIT RECORD, CREDIT HISTORY, OR CREDIT RATING.  See also Consumer Credit File Rights under State and Federal Law.

 

 

 

3.             USER OBLIGATIONS.

 

3.1          Use of Information and Web site.

 

You are solely responsible to assess the trustworthiness and credibility of any and all information obtained through the Web site. The information that is presented us is provided by you and other third parties, and DFPL does not warrant the accuracy and validity of any such information. You agree that DFPL has no duty to review communications made within and outside of the Web site.

 

By installing, accessing, and using this Web site, you represent that you are at least eighteen (18) years of age and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on this Web site, including, without limitation, when you use the Site provided. If you provide any false, inaccurate, untrue, or incomplete information, DFPL reserves the right to terminate your access and use of this Web site. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of this Web site and agree not to interfere with the use and enjoyment of this Web site by other users and DFPL’ operation or management of this Web site. Moreover, you agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or representative of DFPL, when using this Web site.

 

Further, you are solely responsible for all content including, but not limited to text, photographs, caricatures, illustrations, designs, icons, articles, audio clips, and video clips (collectively, "User Content") that you post, e-mail, or otherwise transmit via this Web site. DFPL does not control User Content posted or otherwise transmitted via this Web site and DFPL does not guarantee the accuracy, integrity, or quality of such User Content. Any communications you send to this Internet site or otherwise to DFPL by electronic mail with the exception of personally identifiable information as defined in the DFPL Internet Privacy Policy shall be deemed to be non-confidential and we shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose, and distribute the information to others without limitation. DFPL shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing and marketing products incorporating such information.

 

3.2          Registration and Accurate Information.

 

If you decide to register on our Web Site, become a member of one of our subscription programs, purchase our products or services or participate in our affiliate program, contests or surveys, you may be required to register, provide personal information, and select a user name and password. You agree to provide accurate information in your registration and not to share your password with third parties. You agree not to impersonate another person or to select or use a user name or password of another person. You agree to notify DFPL promptly of any unauthorized use of your account and of any loss, theft or disclosure of your password. Failure to comply with these requirements shall constitute a breach of these terms and conditions and shall constitute grounds for immediate termination of your DFPL account and your right to use the Web Site.

 

4.             SUBSCRIPTION AND BILLING INFORMATION.

 

You may cancel your DebtFREE.com Monthly Subscription at any time. If you wish to continue your DebtFREE.com subscription, do nothing and it will automatically continue without interruption. The monthly fee (plus sales tax, if applicable) will be charged to your credit card account on the monthly anniversary date in which you activated your DebtFREE.com subscription, and your subscription will continue automatically, billable monthly at the prevailing rate. To cancel your subscription, please contact our Customer Service Team. For contact information and hours of service go to http://www.debtfree.com/contact.aspx.

 

You become a subscriber when you “Activate” your subscription. The date in which you activate your subscription becomes your “Anniversary Date” and will be the date in which your monthly subscription fee, billed at the prevailing rate, will be assessed. Your first monthly subscription fee will not be incurred until the Anniversary Date of the following month, and then on the Anniversary Date of each subsequent month thereafter.

 

When you activate your subscription and become a subscriber, you’ll receive access to the use of the DebtFREE.com Monthly Subscription (including without limitation the use of the DebtFREE.com Dashboard) you understand that it is a subscription that automatically renews itself every month indefinitely without action by the subscriber on the anniversary day of your initial purchase. DFPL will charge the monthly subscription fee to the credit card or bank account that was most recently used on the Web Site. Should your credit card fail to authorize, you will be notified via email immediately. The benefits of your subscription (including, without limitation, the use of the DebtFREE.com Dashboard) will be suspended until payment is received provided payment is received within 25 days. If payment is not received within 25 days, any data you have provided will be purged from our database, and your subscription will be cancelled. An enrollee whose subscription fee has been paid is entitled to all privileges included in the subscription until the enrolled subscriber cancels the subscription. Upon cancellation, the subscriber loses access to the areas of Debtfree.com designated for subscribers only and loses access to the subscriber’s data and other benefits. This could include any debt data and analyses that have been displayed during the subscription.

 

A subscriber may cancel at any time. Should you decide to cancel your subscription a Customer Service representative can arrange for all future renewal fees to be cancelled. Each month of use is billed at the prevailing monthly subscription rate and is paid upon completion of the usage for that month. Upon cancellation, a subscriber will not be responsible for the monthly subscription payment for the month in which the cancellation notice is received by DFPL. However, please note that neither full nor pro-rated refunds will be given for the previous month(s).

 

For example, if a subscription is activated on June 6th, the first monthly subscription fee will be incurred on July 6th. If the subscriber cancels on July 5th of that same year (within the first calendar month of usage) then the subscriber will not incur any fee. If, however, the subscriber cancels on October 5th of that same year, then the subscriber will have paid monthly subscription fees on July 6th, August 6th, and September 6th, but not be responsible for any further monthly subscription fees.

 

5.             DISCLAIMER REGARDING ACCURACY OF THIRD-PARTY INFORMATION.

 

 

DFPL makes no warranties or representations whatsoever with regard to any product or service provided or offered by any third-party company, and you acknowledge that any reliance on representations and warranties provided by any third-party company shall be at your own risk.

 

6.             PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS.

 

All programs, software, products, information, documentation, and information contained on or available through the Web site, unless otherwise indicated, are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, DFPL does not grant any express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, unauthorized use of this Web site may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. Please be aware that DFPL actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

 

This Web site is Copyright © 2007 Debt Free & Prosperous Living, Inc. and/or its licensors. All rights reserved. DFPL also owns a copyright in the contents of the Web site as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of this Web site. Any software and other downloadable or printable programs, information, video or materials available through this Web site and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by DFPL.

 

DebtFREE.com™, Cash-FLOW Analysis™, Debt-FREE & Prosperous Living®, and all other names, logos, and icons identifying DFPL and its products and services are proprietary trademarks of DFPL and or its affiliates, and any use of such marks without the express written permission of DFPL is strictly prohibited. Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners. In addition, such mentions are not intended to imply, directly or indirectly, that those companies endorse or have any affiliation with DFPL.

 

This Web site is provided by DFPL. This Agreement provides you, a User, with a personal, revocable, limited, non-exclusive, nontransferable license to use this Web site conditioned on your continued compliance with the terms and conditions of this Agreement. You may print and download materials and information from this Web site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. This Agreement is a license and not an assignment or sale. Any rights granted hereby are licensed and not sold or otherwise transferred to you. You expressly acknowledge and agree that DFPL transfers no ownership or intellectual property interest in and to the Web site to you or anyone else.

 

Notwithstanding the foregoing, you may not modify, alter, translate, decompile, create derivative work(s), copy, distribute, disassemble, broadcast, transmit, reproduce, publish, remove or alter any proprietary notices or labels, license, transfer, sell, mirror, frame, exploit, rent, lease, grant a security interest in, transfer any right(s) in, or otherwise use in any manner not expressly permitted herein the Web site.

 

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, OR MATERIALS PROVIDED BY DFPL TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

 

7.             ENFORCING SECURITY ON THE SITE.

 

Actual or attempted unauthorized use of the Web site may result in criminal and/or civil prosecution. DFPL reserves the right to view, monitor, and record activity on the Web site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Web site. DFPL will also comply with all court orders involving requests for such information.

 

8.             DISCLOSURE OF YOUR INFORMATION.

 

You acknowledge, consent and agree that DFPL may access, preserve, and disclose the information we collect about you if required to do so by law or in good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process and respond to governmental investigations; (ii) enforce the Agreement; (iii) respond to claims that any information, services, or content violated the rights of the third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of DFPL, its users and the public.

 

9.             DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.

 

DFPL DOES NOT EVALUATE ANY COMPANY, ORGANIZATION, OR INDIVIDUAL, OR THEIR RESPECTIVE OFFERS, THAT ARE ACCESSIBLE THROUGH THIS WEB SITE. WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS OF ANY KIND WHATSOEVER, NOR ARE WE LIABLE FOR DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING IN CONNECTION WITH RESPECT TO THE CONTENT OF THE SERVICE, THE WEB SITE, PROGRAMS, THIRD-PARTY COMPANIES, SERVICES OR ANY PRODUCTS ACCESSED THROUGH THIS WEB SITE. ANY FINANCIAL OR OTHER RELATIONSHIP ENTERED INTO BETWEEN YOU AND ANY THIRD-PARTY THAT AROSE FROM INFORMATION RECEIVED OR ACCESSED THROUGH THIS WEB SITE OR DFPL IS SOLELY BETWEEN YOU AND THE THIRD-PARTY. DFPL IS NOT A PARTY TO YOUR AGREEMENTS AND YOU ASSUME SOLE LIABILITY FOR ANY SUCH AGREEMENTS. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THIS WEB SITE AND ANY GOODS OR SERVICES PURCHASED THEREFROM.

THE WEB SITE, INCLUDING ALL CONTENT AND SERVICES MADE AVAILABLE ON OR ACCESSED THROUGH THE WEB SITE, IS PROVIDED ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DFPL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. DFPL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE OR SERVICES OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

DFPL, ITS SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS WEB SITE SHALL NOT BE LIABLE THE USE OF THIS WEB SITE, INCLUDING ALL CONTENT AND SERVICES MADE AVAILABLE ON OR ACCESSED THROUGH THE WEB SITE, AND FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.

 

IN NO EVENT WILL DFPL BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF OPPORTUNITIES, COSTS OF COVER, LOSS OF REVENUE, LOSS OF USE, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, ARISING OUT OF OR RELATED TO THIS WEB SITE, ITS SERVICES, OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH 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. Notwithstanding the foregoing, total liability for DFPL for any reason whatsoever related to use of this site shall not exceed the total amount paid by you to DFPL in connection with the subject matter of the particular dispute.

 

10.          INDEMNIFICATION.

 

You agree to indemnify and hold DFPL, its affiliates and all of their employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third-party due to or arising from your use of the DFPL services or connection to the DFPL Web site or your violation of this Agreement, or arising from your violation of any rights of a third-party, or other user of the Site using your computer, or of any intellectual property or any other right of any person or entity.

 

11.          MODIFICATIONS AND INTERRUPTION TO SERVICE AND WEB SITE.

 

DFPL reserves the right to modify or discontinue the Site or site with or without notice to you. DFPL shall not be liable to you or any third-party should DFPL exercise its right to modify or discontinue the Site. You acknowledge and accept that DFPL does not guarantee continuous, uninterrupted or secure access to the site, services, or third-party companies, and operation of our site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

 

12.          THIRD-PARTY PRODUCTS/SERVICES.

DFPL, in its sole discretion, may post the advertisements of third parties on this Web site and/or feature materials, programs, products, and services provided by third parties. DFPL makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third party materials, programs, products, and services or any other materials, programs, products, and services which such third party materials, products, and services may access. Your correspondence or any other dealings with third parties found on this Web site are solely between you and such third party. DFPL expressly disclaims responsibility and liability for all third party provided materials, programs, products, and services contained on or accessed through this Web site, and you agree that DFPL shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on this Web site.

13.          LINKS TO THIRD-PARTY SITES.

 

This Web site may provide links to other sites on the Internet that are owned and operated by online merchants and other third-parties. The linked sites are not under the control of DFPL and you acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. Accordingly, DFPL expressly disclaims any responsibility for the content, materials, accuracy of information, and/or quality of the products or services provided by, available through, or advertised on these third party Web sites. Moreover, these links do not imply an endorsement with respect to any third-party or any Web site or the products or services provided by any third-party. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all you to review the terms of service and privacy policies of third-parties’ sites.

 

14.          ACCESS.

 

You acknowledge DFPL retains the right, at our sole discretion, to terminate access to this site at any time. DFPL further retains the right to terminate access any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, DFPL reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion. You agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of DFPL.

 

15.          EVENTS BEYOND DFPL’s CONTROL.

 

You expressly absolve and release DFPL from any claim of harm resulting from a cause beyond our control, including, but not limited to, the performance of third-party service providers, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions.

 

16.          PRIVACY POLICY.

 

DFPL considers your personal identifying information to be private and operates this Web site by keeping any collected personal identifying information confidential. Nevertheless, you understand, acknowledge, and agree that the operation of this Web site requires the submission, use, and dissemination of various personal identifying information. Accordingly, your use of this Web site constitutes acceptance of DFPL’s personal identifying information collection and use practices. Please see the Privacy Policy for a summary of information collection and use practices.

 

17.          GOVERNING LAW.

 

This Agreement has been made in and will be construed and enforced in accordance with the laws of the state of Wisconsin as applied to agreements entered into and completely performed in Wisconsin. Any action to enforce this Agreement will be brought in the federal or state courts presiding in Crawford County, Wisconsin, U.S. and all parties to this Agreement expressly agree to be subject to the jurisdiction of such courts. This Site is controlled and operated by DFPL from its offices within the United States. DFPL makes no representation that the Web site is appropriate or available for use in other locations, and access to the Web site from territories or nations where any aspect of the Web site is illegal is prohibited. You access this Web site on your own volition and are responsible for compliance with all applicable local laws.

 

18.          TERM AND TERMINATION.

 

This Agreement will take effect at the time you begin installing, accessing, or using this Web site, whichever is earliest. DFPL reserves the right at any time and for any reason to deny you access to the Web site or to any portion thereof and to terminate this Agreement. This Agreement will terminate automatically if you fail to comply with the limitations described herein. Termination will be effective without notice. You may terminate at any time by ceasing to use the Web site, but all applicable provisions of this Agreement will survive termination, as outlined below. Upon termination, you must destroy all copies of any aspect of the Web site in your possession.

 

19.          SURVIVABILITY.

 

The provisions concerning Consent to be Contacted, Proprietary and Intellectual Property Rights, Events Beyond DFPL’s Control, Confidentiality, Indemnity, Representations and Warranties, Disclaimer of Warranty; Limitation of Liability, Availability of Records, Admissibility of this Agreement, Termination, Statute of Limitations, and Governing Law will survive the termination of this agreement for any reason.

 

20.          WAIVER.

 

Failure to insist on strict performance of any of the terms and conditions of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by DFPL of any right under this Agreement will be deemed to be either a waiver of any other right or provision or a wavier of that same right or provision at any other time.

 

21.          ADMISSIBILITY.

 

A printed version of this Agreement and of any related 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.

 

22.          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 the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this Agreement shall continue in effect.

 

23.          RELATIONSHIP OF PARTIES.

 

No joint venture, partnership, employment, or agency relationship exists between you and DFPL as result of this Agreement or your utilization of this Web site.

 

24.          RESERVATION OF RIGHTS.

 

Any rights not expressly granted by DFPL herein are reserved.

 

25.          ENTIRE AGREEMENT.

 

This Agreement, DFPL’s Privacy Policy and any related or associated service and product or software license agreements, which are all hereby incorporated by reference as if set forth fully herein, represents the entire agreement between you and DFPL with respect to use of this Web site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and DFPL with respect to this Web site.

 

Please note that DFPL reserves the right to change the terms and conditions of this Agreement and under which this Web site and its many offerings are extended to you. In addition, DFPL may add or delete any aspect of this Web site. Your continued use of this Web site will be conclusively deemed acceptance of any change to this Agreement or the Web site.

 

26.          CONTACT INFORMATION.

 

If you have questions regarding this Web site or if you are interested in obtaining more information concerning DFPL, please contact DFPL at support@debtfree.com.  Questions about third-party services should be directed to the relevant service provider.

 

27.          STATUTE OF LIMITATIONS.

 

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE USE OF THE SERVICE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

 

28.          CONSUMER CREDIT FILE RIGHTS UNDER STATE AND FEDERAL LAW.

 

You have a right to dispute inaccurate information in your credit report by contacting the credit bureau directly. However, neither you nor any “credit repair” company or credit repair organization has the right to have accurate, current, and verifiable information removed from your credit report. The credit bureau must remove accurate, negative information from your report only if it is over 7 years old. Bankruptcy information can be reported for 10 years. You have a right to obtain a copy of your credit report from a credit bureau. You may be charged a reasonable fee. There is no fee, however, if you have been turned down for credit, employment, insurance, or a rental dwelling because of information in your credit report within the preceding 60 days. The credit bureau must provide someone to help you interpret the information in your credit file. You are entitled to receive a free copy of your credit report if you are unemployed and intend to apply for employment in the next 60 days, if you are a recipient of public welfare assistance, or if you have reason to believe that there is inaccurate information in your credit report due to fraud.

You have a right to sue a credit repair organization that violates the Credit Repair Organizations Act. This law prohibits deceptive practices by credit repair organizations. You have the right to cancel your contract with any credit repair organization for any reason within 3 business days from the date you signed it.

Credit bureaus are required to follow reasonable procedures to ensure that the information they report is accurate. However, mistakes may occur.

You may, on your own, notify a credit bureau in writing that you dispute the accuracy of information in your credit file. The credit bureau must then reinvestigate and modify or remove inaccurate or incomplete information. The credit bureau may not charge any fee for this service. Any pertinent information and copies of all documents you have concerning an error should be given to the credit bureau.

If the credit bureau's reinvestigation does not resolve the dispute to your satisfaction, you may send a brief statement to the credit bureau, to be kept in your file, explaining why you think the record is inaccurate. The credit bureau must include a summary of your statement about disputed information with any report it issues about you.

The Federal Trade Commission regulates credit bureaus and credit repair organizations.

For more information contact:

The Public Reference Branch
Federal Trade Commission
Washington, DC 20580

29.          OTHER TERMS AND CONDITIONS.

 

Additional notices, terms, and conditions may apply to the purchase of goods, participation in a particular program, and/or to specific portions or features of the Web site, all of which are made a part of this Agreement by this reference. You agree to abide by such other notices, terms, and conditions, including where applicable representing that you are of sufficient legal age to acquire a product and/or use or participate in a program, service, or feature. If there is a conflict between this Agreement and the terms posted for or applicable to a specific portion of the Web site, including any areas to enable the on-line purchase of items or for any program or service offered on or through the Web site, the latter terms shall control with respect to your use of that portion of the Web site. DFPL obligations, if any, with respect to its services, programs, and/or products are governed solely by the terms, conditions, notices, and agreements pursuant to which they are provided, and nothing herein should be construed to alter such terms, conditions, notices, and agreements.

 

 

PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS

 

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