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superseded by expressly designated legal notices or terms located on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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