DebtBlaster Terms
Welcome to DebtBlaster (http://www.debtblaster.org). By using our site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not browse the site or submit any information to us through the site, or otherwise use the site in any way.
- Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to our site (the "Site") and the service(s) offered thereon (the "Service"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings between us and you with respect to the Site, the marketing copy of the Site, the debt elimination content of debt counselors, products or services provided by or through debt counselors who contact you through your submission on the Site, and the remaining subject matter of this Agreement. This Agreement may be amended at any time from time to time by us without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
- Copyright. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site 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 Site is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site.
- Trademarks. "DebtBlaster" is a trademark of Croix Industries, Ltd.. Other product and company names mentioned on the Site may be trademarks of their respective owners.
- Your Representations and Obligations. By submitting information to the Site, 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 represent and acknowledge that you have a minimum of $10,000 in combined household unsecured debt. 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 Site; including material misrepresentations in what you submit to the Site.
- Status of Third Party Debt Eliminators. DebtBlaster is a lead-generating service for companies and individuals who will assist you in reducing or eliminating your debt (hereinafter, "Debt Counselors"). Debt Counselors may refer you to Financial Services companies and DebtBlaster may serve as a Debt Counselor. All other Debt Counselors, and all Financial Services companies are third parties and are not endorsed by DebtBlaster in any way. DebtBlaster does not provide any legal, financial, or tax advice and by using our Site, you expressly acknowledge that any relationship that you enter with any third-party Debt Counselor or any Financial Services company, or any individual thereof, is at your own risk
- Right to Transmit Information. You hereby grant to DebtBlaster permission to transmit all the information you provide on the Site to Debt Counselors.
- Indemnification. You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorneys' fees, related to (a) your violation of this Agreement or use of the Site, (b) any dispute that arises between you and third party Debt Counselors, (c) any dispute that arises between you and any Financial Service company, and/or (d) any dispute that arises between you and any individual thereof.
- Disclaimer and Limits. THE INFORMATION AND SERVICES FROM OR THROUGH THE SITE 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, 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 SITE 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 SITE.
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.
- Use of Information. We reserve the right, and you authorize us, to use and assign all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.
- Privacy Policy. Our Privacy Policy, as it may change from time to time, is a part of this Agreement. By using this Site, you consent to our collection and use of your personal information as described in this Agreement. This information collected on the Site is provided to Debt Counselors, 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 provided it to a Debt Counselor.
- Third Party Debt Counselors. The Site has relationships with third party Debt Counselors. We are not responsible for the actions of such Debt Counselors, and these Debt Counselors are not investigated, monitored or checked by us in any way. Our distribution of your information does not imply approval or endorsement of the Debt Counselor by us. Once you respond to and enter a relationship with a third party Debt Counselor, you do so at your own risk.
- Binding Arbitration of Disputes. For any controversy or dispute arising from or relating to the Agreement, the sole means of resolving the controversy will be binding arbitration under the auspices of JAMS in Seattle, Washington, in accordance with JAMS then-existing Arbitration Rules and Procedures. The arbitration award may be enforced as a judgment by a court of competent jurisdiction. This arbitration provision will apply to all disputes between you and DebtBlaster arising from or relating to the Agreement, including but not limited to the Site, the Service, the services of third-party Debt Counselors, and/or the services of third-party Financial Services companies, and will survive termination of your relationship with DebtBlaster 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 DebtBlaster 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.
- Miscellaneous. This Agreement shall be treated as though it were executed and performed in Seattle, Washington, and shall be governed by and construed in accordance with the laws of the State of Washington (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 12. The language in this Agreement shall be interpreted as in accordance with its fair meaning and not strictly for or against either party. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
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