This is a
legal agreement between you and City Debt Relief. ("CDS") that
states that these website terms of service (including any document
incorporated by reference herein) govern all aspects of your use of
the City Debt Relief. ("CDS") websites, which are located at
https://citydebtrelief.com and any other websites that CDS may
own, control, or otherwise have access to.
These Terms
of Service affect your legal rights, including our consent to
arbitrate particular issues instead of taking them to trial or jury
duty.
1.
Qualification: Privacy
The products
and services made available through the websites cannot be bought by
those under the age of eighteen or by those who are not lawful
residents of the United States, regardless of their status as
visitors. By clicking any "submit" or other button, or by accessing,
browsing, or using the websites in any other way, you represent and
warrant to us that you are at least eighteen years old and a lawful
resident of the United States.
Certain
products and services—including those provided directly or
indirectly by third parties—that are purchased through the websites
may be subject to additional terms and conditions. To the extent
that they do not conflict with these Terms of Service, these
additional terms and conditions are hereby incorporated herein by
reference. Should there be a disagreement between these Terms of
Service and any other document incorporated herein by reference,
these Terms of Service will take precedence.
CDS has
committed to protecting the privacy of people who use the products
and services made accessible on our websites as well as those who
visit them. The CDS Privacy Policy is included here for
reference.
2. Items and
Services.
Some of the
websites function as an online marketplace where consumers may
search for debt relief programs, compare different consumer and
house loans, and look up other products and services. If you submit
a request for a product or service, or for more information about a
product or service offered through one of the websites, you
understand and agree that CDS may need to share some of your
information in order to connect you with specific suppliers of the
goods and/or services you request.
By providing
us with your contact details, you specifically consent to us
contacting you by phone, email, or postal mail, even if you have
opted out of being placed on the Federal Trade Commission's national
do not call list, any state's equivalent do not call list, or the do
not call list of any specific organization.
3.
Modifications to These Service Terms
CDS has
the right to update these Terms of Service at any time and to add,
edit, delete, or alter any portion of them. For modifications,
please check these Terms of Service frequently. You are considered
to have accepted all uploaded adjustments if you use one of the
websites after they have been made. The updated Terms of Service
will be effective immediately, without further notice, unless
otherwise noted.
4. Grants of
licenses.
Subject to
your compliance with these Terms of Service, CDS now grants you a
personal, limited, non-exclusive, non-transferable, revocable
license to use the websites for information access and to contact
the suppliers of the goods and services included within.
All rights not specifically granted in this agreement are expressly
reserved by CDS, including the right to use any legal means it deems
necessary or appropriate to prevent unauthorized use of the
websites.
By accessing
the websites, you hereby grant CDS permission to transfer, display,
reproduce, distribute, modify, and use your personal and other
information in any way you see fit, subject to the restrictions
outlined herein (including CDS Privacy Policy), without restriction
or revocation. This permission is perpetual, irrevocable,
transferable, assignable, and sublicenseable (through multiple
tiers).
5. Prohibited
Conduct.
By using
these websites, you waive the following rights:
Use the
websites for any purpose apart from browsing the content and getting
in touch with the companies that are advertising the products and
services; upload, send, or help disseminate any information or
content that violates any laws, is harmful, abusive, offensive to
people of color, vulgar, sexually explicit, defamatory, violates
someone's right to privacy or publicity, or that a reasonable person
would find objectionable; try to disrupt, compromise, or damage the
websites in any way.
utilize a robot, spider, scraper, or other similar program to gain
access to the websites; pose as someone else or falsely claim to be
associated with a person or organization; perpetrate fraud; fail to
reveal your true identity or attempt to do so; or submit, upload,
post, email, transmit, or otherwise make available any data or
material that you are not authorized to share with the public.
6. Ownership
and Proprietary Rights.
The websites
are owned and run by CDS. The websites' content is safeguarded by
copyright, trade dress, patent, trade mark, and applicable
international agreements, as well as by all relevant intellectual
property and proprietary rights and laws in the United States.
All visual interfaces, images, designs, data, software, computer
code (including source and object code), and other components of the
websites are covered by this protection. Unless otherwise indicated
on the websites, all content on them is the property of CDS and/or
its third-party licensors. Any unauthorized use of this content,
including but not limited to selling, licensing, distributing,
copying, altering, publicly displaying, transmitting, publishing,
editing, adapting, creating derivative works from it, or any other
unauthorized use, is prohibited without CDS express permission.
7. External
Links; Interactions with Other Parties.
The websites
may have allusions to or connections to other websites that belong
to or are operated by unaffiliated third parties with whom CDS may
have business dealings. Because CDS has no control over the
availability, content, advertising, or any goods or services
provided by such third parties, CDS is not responsible for them. You
and these third parties are the only parties to any correspondence
or business dealings you may have. These websites are completely
accessible and used at your own risk.
Any
correspondence or business transactions you have with any third
parties, such as debt settlement companies, credit counseling
services, mortgage brokers, lenders, insurance agents, or any other
supplier of products or services, are private and confidential and
exclusively occur between you and the third party. CDS disclaims all
responsibility for any losses or damages incurred as a result of
these contacts, as well as for any terms, conditions, warranties, or
statements related thereto.
By following
the instructions on the websites, you acknowledge that CDS is not
involved in any negotiations you might have with third parties or
agreements you might enter into with them, nor does it suggest,
support, warrant, or ensure the quality of any goods or services
that third parties may offer you. CDS does not charge anyone to view
the webpages.
8.
Termination; Only Available Compensation.
CDS has
the right to end your use of the websites and any session at any
moment, for any reason, without prior notice or consequence.
Furthermore, CDS retains the right, at its sole discretion, to
discontinue providing access to one or more websites at any time.
Whether CDS terminates your access to the websites with or without
notice, you and/or any third party will not be entitled to
compensation. Reports of suspected fraud, abuse, or illegal activity
should be sent to the appropriate law enforcement body.
Your sole and
exclusive option is to cease using the websites and to terminate
your access to them if you are dissatisfied with these terms of
service, the websites, or any CDS policy or practice pertaining to
the operation of any website.
9.
Compensation for damages.
You agree to
defend, indemnify, and hold harmless CDS and its contractors,
employees, agents, and third-party suppliers and business partners
from any claims, losses, damages, and liabilities, including legal
fees and expenses, in connection with your use or misuse of the
websites, any violation of these Terms of Service, and any breach by
you of the representations, warranties, and covenants made by you
herein. You consent to assist CDS in defending against any such
allegations. CDS reserves the right to take exclusive defense and
command of any case for which you are required to pay us
compensation. CDS shall use reasonable efforts to notify you of any
such claim, action, or proceeding as soon as it becomes known.
10.
Disclaimers and No Warranty.
To the
fullest extent permitted by law, CDS, ITS THIRD PARTY SUPPLIERS, AND
BUSINESS PARTNERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED,
OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO
ORAL OR WRITTEN ADVICE OR INFORMATION GIVEN BY CDS OR THROUGH THE
WEBSITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATUTORY IN THESE
TERMS OF SERVICE.
YOU USE THE
WEBSITES AT YOUR OWN RISK. THE WEBSITES ARE PROVIDED "WITH ALL
FAULTS," "AS AVAILABLE," "AS IS," AND WITHOUT ANY KIND OF ORGANIC OR
IMPLIED WARRANTY OR REPRESENTATION. THIS CONTAINS INFORMATION, DATA,
AND COMMERCIAL CONTENT, AS WELL AS THIRD-PARTY WEBSITES AND PRODUCTS
OR SERVICES AVAILABLE VIA THE WEBSITES.
The websites,
any third-party websites, data, information, commercial content,
products, or services offered on or through the websites, any
third-party websites, or any of their suppliers, business partners,
or CDS make no warranties that they will operate without
interruption or be free of errors, viruses, or other malicious
software. You use these websites and all other websites at your own
risk, and you are solely liable for any loss of data or property
damage (including damage to computers) that arises from your use of
them.
11.
Limitations on Accountability.
The above
limitation or exclusion may not apply to you if applicable laws
prohibit it from limiting or eliminating liability for incidental or
consequential damages. CDS, its third-party suppliers, and its
business partners shall not be liable for any special, indirect,
incidental, consequential, punitive, relievative, or exemptary
damages. This includes, but is not limited to, damages resulting
from any unsuccessful court action or legal dispute, lost profits,
lost business, or lost revenue sources. CDS LIABILITY WILL BE
LIMITED IN SUCH CASES TO THE AMOUNT ALLOWED BY APPLICABLE LAW.
This privacy
statement is applicable to any websites and mobile applications that
City Debt Relief ("CDS") owns or controls, including
https://citydebtrelief.com and other websites or mobile
applications that are owned or controlled by the company; these are
collectively referred to as the "Privacy Policy." The terms "we,"
"us," or "our" in this privacy statement relate to affiliates or
subsidiaries of CDS that have a link to this privacy statement. This
Privacy Statement describes our possible methods for collecting
information from you or about you, our potential uses for that
information, our potential sharing of it with third parties, and our
potential for information collection and use for advertising.
Reading our Privacy Policy will help you better understand our
online information security practices. For further information,
please refer to our Terms of Service.
12. Release.
You
acknowledge that by using any CDS website, you release and hold
harmless CDS, its third-party suppliers and business partners, as
well as each of their respective agents, directors, officers,
employees, and all other related individuals or entities, from any
and all liabilities, obligations, claims, demands, causes of action,
proceedings, legal fees, costs, and expenses of any kind or nature,
whether known or unknown, arising from or connected in any way to
your use of the website. A GENERAL RELEASE DOES NOT GO TOO FAR TO
INCLUDE CLAIMS THAT THE CREDITOR, HADING BEEN ASKED TO KNOW OR
SUSPECT TO EXIST AT THE TIME OF EXECUTING THE RELEASE, MUST HAVE HAD
A MATERIALLY IMPACTED HIS SETTLEMENT WITH THE DEBTOR.IF YOU LIVE IN
CALIFORNIA, YOU WAIVE CALIF
This privacy
statement is applicable to any websites and mobile applications that
City Debt Relief("CDS") owns or controls, including
https://citydebtrelief.com and other websites or mobile
applications that are owned or controlled by the company; these are
collectively referred to as the "Privacy Policy." The terms "we,"
"us," or "our" in this privacy statement relate to affiliates or
subsidiaries of CDS that have a link to this privacy statement. This
Privacy Statement describes our possible methods for collecting
information from you or about you, our potential uses for that
information, our potential sharing of it with third parties, and our
potential for information collection and use for advertising.
Reading our Privacy Policy will help you better understand our
online information security practices. For further information,
please refer to our Terms of Service.
13. Law,
Mandatory Arbitration, and Location
13.1 Legal
System/Jurisdiction
You and CDS
agree to resolve any disputes that may arise between us over these
terms of service, any products or services you buy from websites or
companies that CDS may recommend to you, or any other matter (a
"Claim") by following the procedures listed below or as we may
otherwise agree in writing. Claims are subject to the laws of the
state of California in the United States of America, without regard
to conflicts of law or rules of choice.
Furthermore,
you and CDS agree that any dispute, claim, or controversy pertaining
to or arising from the Claim (as well as any non-contractual
disputes or claims related to or arising from them) shall fall
within the jurisdiction of the Southern District of California and
shall not be subject to mandatory arbitration under Section
13.2.1.
13.2
Agreement to Arbitrate
This
arbitration agreement only applies to American consumers.
13.2.1
Conflict resolution and arbitration
You and CDS
agree that any disagreement, claim, or controversy between you and
CDS will be settled by binding individual (rather than class)
arbitration, regardless of the nature of the claims—whether they
arise during or after any relationship you have with CDS, or on the
basis of a contract, tort, statute, fraud, misrepresentation, or any
other legal theory. Additionally, you and CDS agree that the
arbitrator will alone decide any disputes regarding the validity,
applicability, or scope of the arbitration agreement as well as the
arbitrability of any claim or counterclaim in line with his or her
own jurisdiction. Arbitration is less formal than filing a
lawsuit in court. In arbitration, there is no jury or judge, and the
extent of judicial review of an arbitration ruling is limited.
Compared to a courtroom setting, there can be less discovery. The
arbitrator is bound by this agreement and may award damages and
other remedies as a court would, with the exception that the
arbitrator may not provide any remedy, including declaratory or
injunctive relief, that would benefit any party other than the
parties to the arbitration (including attorney fees). This
arbitration agreement shall be enforceable even after the Service is
terminated.
13.2.2
Exceptions
Notwithstanding the foregoing paragraph (13.2.1), you and CDS agree
that nothing in this Arbitration Agreement will be interpreted as
relinquishing, stopping, or otherwise limiting any of our rights to
file a separate lawsuit at any time and request only preliminary or
temporary individual injunctive relief in a court of law, pending
the arbitrator's final decision.
13.2.3 Waiver
of Class Action: No Class Actions or Representative Claims
In any
alleged class or representative action, neither you nor CDS may
bring claims against the other other than in your or its individual
capacity and not as a plaintiff or class member. Unless you and CDS
agree otherwise, no arbitrator or judge may combine several parties'
claims or otherwise participate in a representative or class action.
Only the specific party and the extent necessary to fulfill that
party's specific claim for relief may the arbitrator provide an
injunctive remedy. Limitations in this paragraph that a court
determines cannot be applied to a particular relief claim have to be
taken out of the arbitration and brought before the court in that
particular instance (and only that claim).
13.2.4
Extrajudicial processes
A procedure
for arbitration may be started by you or by us. Any arbitration
between you and CDS will be governed by the Consumer Arbitration
Rules of the American Arbitration Association ("AAA") then in effect
(the "AAA Rules"), as revised by this Arbitration Agreement. Despite
the above choice of law clause, you and CDS recognize and agree that
this part will be read and enforced in line with the Federal
Arbitration Act. You can contact the AAA at (866) 201-8886, or visit
Citydebtreliefs.com to obtain the AAA Rules and instructions on
starting an arbitration suit. Using CDS, you may get in touch with
the AAA.
13.2.5
Notice; Process
A party may
request arbitration by sending the other party a written notice of
the dispute by certified mail, Federal Express, UPS, or Express Mail
(together with the required signature); alternatively, if your
physical address isn't on file currently, you may send the notice by
email ("Notice"). Notifications to CDS should be sent to City Debt
Relief, Attn: General Counsel, 16842 Von Karman Ave, suite 175
Irvine CA 92606. The notice needs to: (1) describe the nature and
origin of the dispute or claim; and (2) state the remedies that is
being sought (referred to as the "Demand"). We both agree to try in
good faith to resolve the matter directly, but you or CDS may file
for arbitration if we are unable to do so within 30 days of
receiving the Notice. All papers and information given during the
arbitration must be kept fully confidential by the recipient, except
from the arbitration's goals and the enforcement of the arbitrator's
ruling and award. Additionally, they must only be disclosed in
confidence to those who require to know for those purposes or as
mandated by applicable law, and the receiver may not use them for
any other purposes.
13.2.6
Compliance
In the event
that all or part of this Arbitration Agreement is found to be
invalid, the parties agree that the exclusive jurisdiction and venue
listed in Section 13.1 shall apply to any legal claims arising out
of or related to the Agreements.
14.
Miscellaneous.
14.1
Notification. CDS may send you alerts via email, regular mail, or
posts on their website. Notice will be considered sent twenty-four
hours after it is issued, unless CDS is notified that the email
address provided is invalid. As an alternative, CDS may mail legal
notice to the postal address you provided on any website. In this
case, notice will be considered delivered after three (3) calendar
days from the date of mailing.
Any written
notices to CDS must be mailed to the following address:
City Debt
Relief
16842 Von Karman Ave, suite 175 Irvine CA 92606
14.2 Terms of
Waiver and Severability.
CDS shall
not be deemed to have waived any right or term of these Terms of
Service that it does not perform or enforce. For any of the
conditions of this agreement to be valid, CDS must sign a written
waiver of those terms. The parties acknowledge and agree that the
other conditions of the conditions of Service will remain in full
force and effect and that the court will try to give effect to the
parties' intentions in the event that any provision is found by a
court of competent jurisdiction to be invalid.
14.3 Forum
and Law Selection.
Without
regard to any conflicts of law rules, these Terms of Service shall
be governed by and interpreted in conformity with the laws of the
State of California, which are applicable to contracts entered into
and to be executed only inside California between residents of
California. If you are an Idaho resident, these Terms of Service
shall be governed in all respects by the laws of the State of Idaho.
A court in
San Diego, California shall have the authority to decide any claim
or dispute you may have against CDS, unless the parties have
otherwise agreed or as specified in paragraph 13.
You agree to
submit to the personal jurisdiction of the courts located in San
Diego County, California, for the purpose of resolving any such
claims or disputes. If you are located in Idaho, you are not subject
to this restriction since Idaho customers are governed by Idaho
state law. It shall be presumed that all claims submitted or
asserted in contravention of this Section 14.3 or Section 13 were
filed unlawfully. If you file a claim improperly, CDS might be able
to get fair legal fees and costs as long as it notifies you in
writing of the error and you don't immediately withdraw it.
Customers in Idaho are unaffected by this.
14.4
Assignment.
You may not
assign or transfer any of your rights or obligations under these
Terms of Service without the express prior written consent of CDS,
which may be given at any time and at its sole discretion. However,
you recognize and agree that CDS is free, without any limitations or
restrictions, to assign or transfer any of its rights or obligations
under these Terms of Service to another party.
14.5 Control
over Information
You
understand and agree that the Company shall possess all intellectual
property rights in the Submissions and shall retain ownership of the
Submissions if you provide us with any creative elements, including
ideas, thoughts, drawings, pictures, or other materials
(collectively, the "Submissions"). The Company disclaims all
liability regarding the use and disclosure of any Submissions,
including any obligation to safeguard the confidentiality of such
Submissions. In addition to the foregoing, Company shall be the sole
owner of all now known or hereafter discovered rights to all
submissions of any kind and nature worldwide. It shall also be
allowed to use submissions without limitation for any purpose,
commercial or otherwise, without having to reimburse the creator of
the submissions.
14.6 Policy
on Copyright Infringement.
In accordance
with Title 17 United States Code Section 512(c)(2) ("DMCA")
regulations, the Company shall investigate allegations of copyright
infringement and take appropriate corrective action. Should you
believe that any content on https://citydebtrelief.com has been
used or reproduced in a manner that infringes upon your intellectual
property rights, kindly forward a written notice to the site's
designated agent, alleging copyright infringement, with the
following elements included in compliance with the DMCA:
a signature, either
electronic or written, from the authorized representative of
the owner of the purportedly violated copyright
interest;
the name of the
purportedly infringing work or works, together with the
work's copyright date;
a description of the
location of the allegedly illegal Content that you feel
violates the Terms of Service, together with its
identification, that you want removed from the Site or
prevented from accessing;
information such as your
name, phone number, and email address that is at least
sufficient for us to get in touch with you;
a statement from you
expressing your true belief that neither you, the copyright
owner, its agent, nor the law authorize the use of the
Content described in your written notification in the manner
you are protesting against; and
a statement from you,
made under penalty of perjury, attesting to the accuracy of
the information in your written notification and attesting
to your ownership of the copyright or your authorization to
act on their behalf.
Below is the
company's designated agent's contact information for written reports
of copyright infringement allegations:
Claims of
Designated Agent Regarding Violations of Copyright
City Debt
Relief
16842 Von Karman Ave, suite 175 Irvine CA 92606
(866) 201-8886
Info@Citydebtrelief.com
14.7 Complete
Agreement.
These Terms
of Service, along with any other document included by reference
herein, supersede any prior agreements between you and CDS and
regulate your use of the websites. Despite the foregoing, if you use
or purchase some products and/or services provided by CDS or one of
its third-party business partners, you might also be subject to
additional terms and conditions.
14.8
Survival.
The following
terms will still apply following termination or your choice to
discontinue using the Service: 4, 6, 7, 8, 9, 10, 11, 12, 13, and
14.
PLEASE PRINT
AND KEEP A COPY OF THESE TERMS OF SERVICE FOR YOUR RECORDS.
