Terms and Conditions


Last Updated October 7, 2014

Welcome to www.thedebtclearroadmap.com (referred to as “DebtClear”, “Company”, “we,” “us,” or “our”). www.thedebtclearroadmap.com is part of Croix Industries, Ltd d/b/a DebtClear. Before you begin to use the www.thedebtclearroadmap.com website (“Website”), please take a moment to review these Terms and Conditions (“Agreement”). The Agreement describes the terms and conditions applicable to your use of the Website and the products and services provided through or in connection with the Website (collectively, “Service”). DebtClear may also offer other services that are governed by a different agreement.

You must read and agree with all of the terms and conditions contained in this Agreement and the Website Privacy Policy then in effect (“Privacy Policy”), which is incorporated by reference, before you use the Service. By accessing the Website, you agree to abide by the Agreement and Privacy Policy. You further agree that your use of the Website, and any purchase or download of the book The DebtClear Roadmap: A Comprehensive Guide to Debt Relief, Credit Repair, Asset Protection and Creditor Lawsuits, is being done for your personal information and use, and not for resale or use directly or indirectly in competition with DebtClear. If you do not agree to be bound by the terms and conditions of this Agreement, you may not use or access the Website.

CONSENT TO DO BUSINESS ELECTRONICALLY WITH COMPANY AND TO RECEIVE ATDS, ARTIFICIAL/PRERECORDED VOICE, SMS OR MMC (TEXT) MESSAGES

By providing DebtClear with your contact information you expressly consent to receive related marketing information from DebtClear regarding your debt at the e-mail and telephone/facsimile numbers that you provide (including through the use of an automatic telephone dialing system (“ATDS”) or artificial/prerecorded voice, SMS or MMS (text) messages), even if your telephone number(s) is/are currently listed on any state, federal or corporate Do Not Call list. You further consent to DebtClear sharing such information with any third-party Debt Counselor(s) for the purpose of a free, no-obligation debt consultation. You agree to update DebtClear if you change your telephone number so that DebtClear does not inadvertently reach out to the wrong individual. By electing to receive text messages (SMS messages) to your mobile phone from DebtClear, you acknowledge and agree that your wireless provider may charge you for sending or receiving text messages and/or there may be additional data charges from your wireless provider that apply. Consent is not a requirement to purchasing the goods or services that DebtClear is offering. You may contact DebtClear at any time to opt-out of receiving offers or information through ATDS, artificial, prerecorded, SMS or MMS messages as well as e-mails by a) following the unsubscribe instructions at the bottom of any DebtClear email, b) responding via email to DebtClear emails with “Remove” in the subject line, c) sending an email to DebtClear customer service cs@debtclear.com, d) sending your opt-out request via physical mail to the DebtClear mailing address. You understand that electronic transactions, not limited to emails, are inherently unsecure and that both DebtClear and you will take all reasonable steps to maintain the privacy of the information shared between the parties.

Copyright

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Website are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Website is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed or downloaded through the Website.

Trademarks

"The DebtClear Roadmap" and "DebtClear" are trademarks of Croix Industries, Ltd.

Description of Services

DebtClear provides educational information focusing on the areas of Debt Relief, Credit Repair, Asset Protection, and Creditor Lawsuits. Educational information through this Website can be downloaded in .pdf, .mp3 and .mp4 formats. Furthermore, you may receive related information, third-party offers that you may be interested in and educational materials through company emails and/or by joining the DebtClear Member Forum. DebtClear is also a lead-generating service for companies and individuals who may assist you in reducing your debt (hereinafter, "Debt Counselors"). Debt Counselors are third parties and are not endorsed by DebtClear in any way. DebtClear does not provide any legal, financial, or tax advice and by using our Website, you expressly acknowledge that any relationship that you enter with any third-party Debt Counselor, or any individual thereof, is at your own risk.

Your Representations and Obligations

By submitting information to the Website, you agree to provide us with true and accurate information and to use the site for personal use only. You represent and acknowledge that you are over eighteen years of age. You also hereby certify that you are a US citizen. You further understand that the following activities are strictly prohibited: using the Service to violate any state or federal law; using the service to harass or harm third parties; impersonating third parties on the Service or misrepresenting your relationship with third parties on the Website; including material misrepresentations in what you submit to the Website.
 
Right to Transmit Information

You hereby grant to DebtClear permission to transmit all information you provide on the Website to Debt Counselors.

Use of Information

We reserve the right, and you authorize us, to use and assign all information regarding Website uses by you and all information provided by you in any manner consistent with our Privacy Policy.

Privacy

Our Privacy Policy, as it may change from time to time, is a part of this Agreement. Our current privacy policy can be viewed at http://www.thedebtclearroadmap.com/privacy.html. By using this Website, you consent to our collection and use of your personal information as described in this Agreement and our Privacy Policy. Our Privacy Policy applies to individuals and businesses, and we reserve the right to change the Privacy Policy, along with related procedures, at any time. This information collected on the Website is shared with Debt Counselor(s) who will follow up with you directly. We make no other promise or guarantee about the use of the information collected, and we have no ability to control the distribution of such information after we have shared it with such Debt Counselor(s).

Indemnification

You agree to indemnify, defend, and hold harmless DebtClear (including its parents, subsidiaries, and affiliates and all of their respective officers, directors, employees, agents, licensors, suppliers and any third-party information providers) against all claims, causes of action, demands, losses, expenses, damages, penalties or other costs (including but not limited to reasonable attorney fees) arising out of use of the Website or The DebtClear Roadmap: A Comprehensive Guide to Debt Relief, Credit Repair, Asset Protection and Creditor Lawsuits, or breach of the Agreement, or violation of any laws or regulations or the rights of any third-party by you or any person using your account or that you allow to use your Service or your violation of this Agreement or any dispute that arises between you and any Debt Counselor and/or any dispute that arises between you and any individual thereof. At our expense and election, we reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you and you agree to cooperate with DebtClear in connection with our defense.

Disclaimer and Limits

DebtClear is not a law firm. DebtClear is not a substitute for the advice of a licensed attorney. You should consult with an attorney licensed to practice law in the state where you reside should you have any questions.

DebtClear does not and is not permitted to practice law. DebtClear cannot give you legal advice and cannot represent you in court. DebtClear is prohibited from providing any kind of advice, explanation, opinion, or recommendation to a consumer about possible legal rights, remedies, defenses, options, selection of forms or strategies. Moreover, DebtClear does not provide investment or tax advice and you should consult with a licensed attorney or professional tax advisor with any questions you may have.

Communications with DebtClear will be treated as confidential, however, because DebtClear is not your attorney, any information provided is not protected under the attorney-client privilege. DebtClear will make every effort to protect sensitive personal data. See DebtClear’s Privacy Policy. Regardless of whether or not DebtClear employs attorneys on staff, by utilizing the services of DebtClear, you agree that you are not creating an attorney-client relationship. No attorney-client relationship exists between DebtClear and you or any DebtClear user.

DebtClear provides visitors and customers a general understanding of the law. To that extent, the Website publishes general information on legal issues commonly encountered by users and visitors of the Website. You remain responsible for verifying any legal concepts and how they apply to your specific circumstances. Although DebtClear takes reasonable efforts to ensure its Website, information and documents are up-to-date, the information and documents it provides are not legal advice and are not guaranteed to be correct, complete or up-to-date. DebtClear cannot guarantee that all the information on the Website or in its educational materials is complete or up-to-date because the laws in each state are constantly changing, and as the laws vary from state to state and remain subject to interpretation by the courts, and certain government regulating bodies.

You agree and understand that the law is unique in each circumstance and therefore no general information or legal document provided by DebtClear is guaranteed to meet the requirements of every individual circumstance.

THE INFORMATION AND SERVICES FROM OR THROUGH THE WEBSITE ARE PROVIDED "AS IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, OR YOU ENTERING INTO ANY AGREEMENTS WITH THIRD PARTIES FROM THE SITE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), FRAUD ON THE PART OF ANY DEBT COUNSELORS, DEBT COUNSELING COMPANY, FINANCIAL SERVICES COMPANY, THIRD-PARTY ADVERTISING COMPANY OR ANY INDIVIDUAL THEREOF, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

DESPITE YOUR ACKNOWLEDGEMENT THAT WE ARE NOT LIABLE FOR ANY DAMAGES THAT ACCRUE AS A RESULT OF RELATIONSHIPS YOU ENTER FOLLOWING YOUR SUBMISSION OF INFORMATION TO THE SITE, OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE AGGREGATE FEES YOU HAVE PAID DIRECTLY TO DEBT COUNSELORS WHO CONTACTED YOU BASED ON YOUR SUBMISSION OF INFORMATION TO THIS WEBSITE. WE CANNOT GUARANTEE THE ACCURACY OR TRUTHFULNESS OF THE INFORMATION AND OTHER CONTENT PROVIDED BY THIRD PARTIES WHO CONTACT YOU AS A RESULT OF YOUR SUBMISSION ON THE SITE, AND YOU AGREE THAT YOU RELY ON SUCH INFORMATION AND CONTENT AT YOUR OWN RISK.

Limited Money Back Guarantee

DebtClear is so confident in its educational materials that it will provide those who purchase the digital or print version(s) of The DebtClear Roadmap: A Comprehensive Guide to Debt Relief, Credit Repair, Asset Protection and Creditor Lawsuits a 500% limited money back guarantee subject to the following terms and limitations.

If you follow the DebtClear methods identified in The DebtClear Roadmap: A Comprehensive Guide to Debt Relief, Credit Repair, Asset Protection and Creditor Lawsuits from start to finish, we guarantee that you will pay less than twenty (20) cents on the dollar to settle your qualifying unsecured debt or we will refund 500% of the purchase price of the program. To be eligible for this refund, you must demonstrate that you followed the DebtClear methods identified in The DebtClear Roadmap: A Comprehensive Guide to Debt Relief, Credit Repair, Asset Protection and Creditor Lawsuits from start to finish by meeting all of the following requirements:

1.    You must provide us with copies of the credit reports you obtained by you within thirty (30) days of purchasing The DebtClear Roadmap from all three (3) major credit reporting agencies;
2.    You must provide us with a copies of your current credit reports from all three (3) major credit reporting agencies obtained by you within thirty (30) days of making your claim against this limited money back guarantee;
3.    You must respond to all initial debt collection letters (or their verbal equivalent) within 30 days with a request for verification and validation of the alleged debt amount and a statement of dispute as to the outstanding balance identified, if such dispute is accurate.  You must provide us with copies of these initial debt collection letters and copies of your timely letters in response, including copies of certified mailing and return receipts.
4.    You must provide us with proof of maintaining a creditor call log.
5.    You must provide us with proof that no unsecured debts have been settled before a lawsuit has been filed by your unsecured creditor(s) seeking collection of such debt before settlement;
6.    You must provide us with a copy of any lawsuit(s) filed against you by your unsecured creditor(s);
7.    The statue of limitations must have expired on the unsecured debt you are claiming against this limited money back guarantee.
8.    All of your unsecured debts must be no less than 90 days in default and still with the original creditor at the time of purchase.
9.    You must provide us with a copy of your purchase receipt.

Contents and Linking

All material that appears on, or is purchased through, the Website is for general informational purposes only. While we try to ensure that any information we post to, or is downloaded through, the Website is both timely and accurate, errors may appear from time to time. The Website or downloaded information may not be updated daily, and certain information may not be the most current information available. You should independently confirm any facts that are important to your decision with an attorney licensed to practice law in your state.

The materials available through this Website are the property of DebtClear or its licensors, and are protected by copyright, trademark and other intellectual property laws. Except for the limited licenses expressly granted to you in this agreement, DebtClear and its licensors expressly reserve all other rights and licenses. You are free to display and print for your personal, non-commercial use information you receive through the Website, but you may not otherwise copy, reproduce, modify, republish, download, upload, post, display, transmit or distribute any of the materials without the prior written consent of their owner. You may not distribute copies of materials found on the Website in any form (including by e-mail or other electronic means), without prior written permission from their owner. Requests for permission to copy, reproduce, modify, republish, download, upload, post, display, transmit or distribute materials found on the Website should be sent to DebtClear, 4306 3rd Ave NW, Seattle, WA 98107.

You are free to establish a hypertext link to the homepage of this Website so long as the link does not state or imply any affiliation, connection, sponsorship, or approval of your site by DebtClear. We do not permit framing or inline linking to our Website or any portion of it.

Violations

You should report any violations of the Agreement to cs@debtclear.com.

Use of DebtClear’s Legal Forms

Through this Website we offer self-help “fill in the blank” forms. If you use a form downloaded through the Website, the terms and conditions of this Agreement control. You understand that your use of a form document is neither legal advice nor the practice of law (see “Disclaimer and Limits” above for additional information), and that each form and any applicable instructions or guidance is not customized to your particular circumstance.

License to Use DebtClear’s Legal Forms

DebtClear grants you a limited, personal, non-exclusive, non-transferable license to use its legal forms (“DebtClear’s Forms”) for your own personal use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of DebtClear’s Forms in any manner, except for modifications in filling out DebtClear’s Forms for your authorized use.

Resale Prohibition

You agree that the DebtClear Forms may only be used by you for your personal use only and may not be sold or redistributed without the express written consent of DebtClear.  You agree not to reproduce, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service unless expressly permitted in writing by DebtClear.

Termination

DebtClear reserves the right, in its sole discretion, to terminate this Agreement or your access to the Interactive Community at any time with or without cause. Upon termination, you agree to cease all use of any website owned or maintained by DebtClear. Without limiting the foregoing, DebtClear shall have the right to immediately terminate your access and use of its websites, or any portion of its websites, in the event of any conduct by you or through your account which DebtClear, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. The following sections of this Agreement shall survive any termination of this agreement: Copyright, Trademarks, Right to Transmit Information, Use of Information, Identification, Disclaimer and Limits, Limited Money Back Guarantee, Contents and Linking, Resale Prohibition, Disclaimer of Warranties, Waiver and Limitations of Liability, Enforceability of Agreement, Waiver of Right to Participate in Class Actions and Waiver of Jury Trial, Governing Law, Arbitration, Complaint Resolution, Electronic Signature & Communication and Notice.

Disclaimer of Warranties

THIS WEBSITE AND THE INFORMATION CONTAINED IN THE DIGITAL AND PRINT VERSIONS OF THE DEBTCLEAR ROADMAP: A COMPREHENSIVE GUIDE TO DEBT RELIEF, CREDIT REPAIR, ASSET PROTECTION AND CREDITOR LAWSUITS IS PROVIDED TO YOU “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” WITHOUT WARRANTIES OR COVENANTS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE OPERATION OF THE WEBSITE, ANY MATERIALS INCLUDED ON, DOWNLOADABLE FROM OR OTHERWISE ACCESSIBLE VIA THE WEBSITE, OR ANY SERVICES OR PRODUCTS AVAILABLE FOR PURCHASE VIA THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, RELIABILITY, AND NON-INFRINGEMENT.

FURTHER, DEBTCLEAR AND ITS AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, USEFULNESS, TIMELINESS, NONINFRINGEMENT OF THE INFORMATION OR SERVICES AVAILABLE THROUGH THE WEBSITE, NOR DO THEY GUARANTEE THAT THE WEBSITE WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DEBTCLEAR DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU MAY NOT RELY ON ANY SUCH STATEMENT OF WARRANTY.

Waiver and Limitations of Liability

YOU AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE WEBSITE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE INTERRUPTIONS, DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THIS WEBSITE OR ANY MATERIAL AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THIS WEBSITE.

UNLESS PROHIBITED BY LAW, WE EACH AGREE TO LIMIT CLAIMS FOR DAMAGES OR OTHER MONETARY RELIEF AGAINST EACH OTHER TO DIRECT AND ACTUAL DAMAGES. THIS LIMITATION AND WAIVER WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, PRODUCTS LIABILITY, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES, LIABILITY AS A RESULT OF JUDGMENTS, LIENS, GARNISHMENTS, AND NEGATIVE EFFECTS ON YOUR CREDIT AND CREDIT REPORT, OR ANY OTHER THEORY. THIS MEANS THAT NEITHER OF US WILL SEEK FROM THE OTHER ANY INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE, OR PUNITIVE DAMAGES. THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIMS YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT WE WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM. OUR LIABILITY FOR MONETARY DAMAGES FOR ANY CLAIMS YOU MAY HAVE AGAINST US IS LIMITED TO THE GREATER OF (i) A REFUND OF ANY AMOUNTS YOU PAID US, OR (ii) $5.00.  YOU AGREE WE ARE NOT LIABLE FOR PROBLEMS CAUSED BY YOU OR A THIRD PARTY. EXCEPT TO THE EXTENT PROHIBITED BY LAW, ALL CLAIMS MUST BE BROUGHT WITHIN 2 YEARS OF THE DATE THE CLAIM ARISES.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In such states, DebtClear’s liability is limited to the greatest extent permitted by law.

Enforceability of Agreement

This Agreement comprises the entire agreement and understanding of you and DebtClear regarding the Website and Service, and supersedes all other representations, whether electronic written, or verbal, regarding the subject matter. If the Agreement is inconsistent with any other agreement between you and DebtClear, the provisions of the Agreement control unless DebtClear has expressly stated or agreed otherwise in writing. If a Court determines, in a final non-appealable judgment, that any provision of this Agreement is invalid, illegal, or otherwise unenforceable, such provision will be deleted and the remainder of the Agreement shall be enforced as nearly as possible in accordance with the stated intention of the parties, except to the extent otherwise provided in the section of the Agreement labeled Arbitration, below. A waiver of any part of the Agreement in one instance is not a waiver of any other part or instance and must be expressly made in writing. If we do not enforce our rights under any term of this Agreement, we may still require strict compliance in the future. You may not assign the Agreement or any of your rights or duties under it without our written consent. We may assign all or part of the Agreement without notice.

Waiver of Right to Participate in a Class Actions and Waiver of Jury Trial

YOU AND DEBTCLEAR AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION, NOR SHALL EITHER OF US BE A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR PROCEEDING.

If you timely opt out of the arbitration provision as described above, the waiver of the right to participate in a class action will not apply to you. If you do not timely opt out of the arbitration provision as set forth above, you waive your right to participate in a class action, and you cannot be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding. Some states do not enforce prohibitions on class actions or proceedings. If a court finds this clause to be unenforceable, then the agreement to arbitrate shall be unenforceable as to you.

Whether a claim proceeds in court or in arbitration, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

Governing Law

This Agreement and any disputes arising between us related in any way to the Website, this Agreement or our Service, including but not limited to disputes over, service, privacy, advertising, or DebtClear’s communications with you, whether based on contract, tort, statute, or common law, will be governed by the laws of the State of Washington, without regard to choice of law principles. Foreign laws do not apply. These Terms and Conditions expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Website.

Complaint Resolution

Before you may pursue or participate in any dispute in court or arbitration against DebtClear for claims related in any way to DebtClear Service or this Agreement, including but not limited to billing, service, privacy, advertising, or DebtClear’s communications with you, you must first give DebtClear an opportunity to resolve your dispute by sending a written description of your claim to DebtClear at the address set forth at http://www.debtclear.com/about-us. Your written notice must describe the problem, identify or enclose all relevant documents and information, and propose a resolution. You and DebtClear agree to negotiate in good faith with each other to try to resolve your claim. If you and DebtClear do not agree to resolve the dispute within 60 days after DebtClear receives your written notice of claim, you may pursue your claim in arbitration or, to the extent specifically provided below, in court.

Arbitration

DebtClear and you agree to arbitrate all disputes between us, except as otherwise provided herein. This arbitration provision will apply to all disputes between you and DebtClear arising from or relating to the Agreement, including but not limited to the Website, the Service, the services of third-party Debt Counselors or the services of third-party financial services companies will survive termination of your relationship with DebtClear and the termination of this Agreement. You also acknowledge that you understand the consequences of agreeing to binding arbitration, including that you are giving up any and all constitutional and statutory rights to have disputes between you and DebtClear determined by a court of law or equity or by a jury; that discovery of information in arbitration may be limited; and that the arbitration decision will be final and binding, except to the limited extent that law provides for judicial review of arbitration proceedings and decisions.

In addition, DebtClear may seek injunctive relief in any court with respect to a violation of its intellectual property rights. To the extent you have in any manner violated or threatened to violate DebtClear and/or its affiliate’s intellectual property rights, DebtClear and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court with competent jurisdiction in the State of Washington, and you consent to exclusive jurisdiction and venue in such courts for such claims.

Notwithstanding the above, YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION if:  (a) you initiate proceedings in small claims court for claims that qualify to be heard in such court; or (b) you opt out of these arbitration procedures within thirty (30) days from the date you first activate any Service with DebtClear (the “Opt-Out Deadline”). You may opt out of these arbitration procedures by calling 206-528-5555 or by emailing cs@debtclear.com Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your claim in arbitration or, if applicable, small claims court.

If the arbitration provision applies, then either you or we may start an arbitration proceeding. If you start the arbitration, you must send a letter requesting arbitration and describing your claim to DebtClear’s registered agent Pacific Registered Agents, Inc., 8000 NE Parkway Drive, # 200, Vancouver, WA 98687. The American Arbitration Association’s (“AAA”) Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”), as modified by this Agreement, will govern the arbitration. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879. Upon the filing of the arbitration demand—whether by you or by DebtClear—DebtClear will pay all filing, administration and arbitrator fees. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for a court to decide. Unless DebtClear and you agree otherwise, any arbitration hearings will take place in the county (or parish) and state in which your billing address in our records is located, but not outside the U.S.

One arbitrator selected under the AAA Rules who has expertise in consumer disputes in the debt relief/credit repair industry will conduct the arbitration. The decisions of the arbitrator will be binding and conclusive on all parties. Judgment upon any award of the arbitrator may be entered by any court of competent jurisdiction. This provision will be specifically enforceable in any court. The arbitrator will not have any authority to award any special or punitive damages except as permitted by this Agreement.

To the extent allowed by law, any claim arising out of or related to the Company Website, the Service, or this Agreement must be brought within 2 years after the claim arises, or the claim will be permanently barred.

Electronic Signature & Communication

You agree, unless specifically requested otherwise, that by entering into transactions with DebtClear, you affirm consent to receive, in an electronic format, all information, copies of agreements and correspondence from DebtClear and to also send information in an electronic format unless previously agreed upon in writing with DebtClear. You consent and agree that DebtClear may provide all disclosures, periodic statements, notices, receipts, modifications, amendments, and all other evidence of transactions electronically. All electronic communications will be deemed to be valid and authentic, and you intend and agree that those electronic communications will be given the same legal affect as written and signed paper communications. You have a right to receive a paper copy of any of these electronic records if applicable law specifically requires us to provide such documentation. Your consent may be withdrawn at anytime upon DebtClear’s receipt of such withdrawal. Withdrawal of consent will slow the speed at which we can complete certain steps in transactions with you and delivering services to you. To inform us that you either withdraw your consent to receive future notices and disclosures in electronic format, would like to receive paper copies, or to update your information you may: send and e-mail to: cs@debtclear.com, call us at: (800) 793-0603 or send a letter to the following address: DebtClear, 4306 3rd Ave NW, Seattle, WA  98107. You acknowledge and agree that the Internet is considered inherently insecure. Therefore, you agree that DebtClear has no liability to you whatsoever for any loss, claim, or damages arising or in any way related to DebtClear’s responses to any electronic communication, upon which DebtClear has in good faith relied. At all times, you maintain the sole obligation to insure you can receive DebtClear’s electronic communications, and access them on a regular and diligent basis. In order to access, view, and retain electronic communications, you must have the following: Operating Systems: Windows® 2000, Windows® XP, Windows Vista®; or Mac OS® X; Browsers: Final release versions of Internet Explorer® 6.0 or above (Windows only); Mozilla Firefox 2.0 or above (Windows and Mac); or Safari™ 3.0 or above (Mac only). You must also have: (i) Sufficient hardware and software capable of accessing the Website; (ii) Sufficient electronic storage capacity on the computer’s hard drive or other data storage unit;  (iii) Adobe(R) Acrobat(R) Reader(R) 4.0 or higher; (iv) An e-mail account with an Internet service provider and e-mail software in order to receive DebtClear’s electronic communications; and (v) a personal computer, operating system and telecommunications connections to the internet capable of receiving, accessing, displaying, and either printing or storing, communications received in electronic form via a plain text-formatted e-mail or by access to our Website using one of the browsers specified above.

Notice

You agree that DebtClear may submit any notices to you via either e-mail or regular mail. The Service may also provide notices by displaying notices or links to notices to you generally on the Service, which notice you also agree DebtClear may submit to you via e-mail or regular mail. You further agree and expressly consent to be contacted by or on behalf of DebtClear or by Debt Counselors by automatic telephone dialing system and/or an artificial or prerecorded voice at any telephone number, whether business, residential, cellular, or telephone facsimile machine number, that you at any time provide to DebtClear as a contact number for you.

Digital Millennium Copyright Act (“DMCA”) Notice

If you believe that material available on our Website or through our Service infringes the copyright of any third party, notify us by sending an email to cs@debtclear.com. After receiving notice, we may remove or disable access to any infringing material as provided for in the DMCA.

Feedback

We invite you to send in your questions or comments about this Website, or to bring to our attention any material you believe to be inaccurate. You may provide general feedback by emailing us at cs@debtclear.com.

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


Terms - Privacy

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