TERMS OF USE
1. ACCEPTANCE OF TERMS
finddebtsettlement provides a collection of online resources, including comments, postings,
and various email services, (referred to hereafter as "the Service") subject to the
following Terms of Use ("TOU"). By using the Service in any way, you are agreeing to
comply with the TOU. In addition, when using particular finddebtsettlement services, you agree
to abide by any applicable posted guidelines for all finddebtsettlement services, which may change
from time to time. Should you object to any term or condition of the TOU, any guidelines,
or any subsequent modifications thereto or become dissatisfied with finddebtsettlement
in any way, your only recourse is to immediately discontinue use of finddebtsettlement.
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter these
terms and conditions at any time. Such modifications shall become effective immediately upon
the posting thereof. You must review this agreement on a regular basis to keep yourself apprised
of any changes. You can find the most recent version of the TOU at:
http://www.finddebtsettlement.com/About/TermOfUse.aspx
3. CONTENT
You understand that all postings, messages, text, files, images, photos, video, sounds, or other
materials ("Content") posted on, transmitted through, or linked from the Service, are the sole
responsibility of theperson from whom such Content originated. More specifically, you are entirely
responsible for each individual item ("Item") of Content that you post, email or otherwise make
available via the Service. You understand that finddebtsettlement does not control, and is not responsible
for Content made available through the Service, and that by using the Service, you may be exposed
to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore,
the finddebtsettlement site and Content available through the Service may contain links to other websites, which
are completely independent of finddebtsettlement. finddebtsettlement makes no representation or warranty as to the accuracy,
completeness or authenticity of the information contained in any such site. Your linking to any other webites
is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any
Content, that you may not rely on said Content, and that under no circumstances will finddebtsettlement be liable
in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any
Content posted, emailed or otherwise made available via the Service. You acknowledge that finddebtsettlement does
not pre-screen or approve Content, but that finddebtsettlement shall have the right (but not the obligation) in
its sole discretion to refuse, delete or move any Content that is available via the Service, for
violating the letter or spirit of the TOU or for any other reason.
4. THIRD PARTY CONTENT, SITES, AND SERVICES
The finddebtsettlement site and Content available through the Service may contain features and functionalities that
may link you or provide you with access to third party content which is completely independent of finddebtsettlement,
including web sites, directories, servers, networks, systems, information and databases, applications, software,
programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through the Service, including payment and
delivery of goods or services, and any other terms, conditions, warranties or representations associated with
such dealings, are solely between you and such organizations and/or individuals. You should make whatever
investigation you feel necessary or appropriate before proceeding with any online or offline transaction with
any of these third parties. You agree that finddebtsettlement shall not be responsible or liable for any loss or damage
of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site,
or between users and any third party, you understand and agree that finddebtsettlement is under no obligation to become
involved. In the event that you have a dispute with one or more other users, you hereby release finddebtsettlement, its
officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential)
of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of
or in any way related to such disputes and / or our service. If you are a California resident, you waive California
Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know
or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially
affected his settlement with the debtor."
5. NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual
property rights have been otherwise violated, please notify finddebtsettlement's agent for notice of claims of copyright or
other intellectual property infringement ("Agent"), at support@finddebtsettlement.com.
Please provide our Agent with the following Notice:
a) Identify the material on the finddebtsettlement site that you claim is infringing, with enough detail
so that we may locate it on the website;
b) A statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law;
c) A statement by you declaring under penalty of perjury that (1) the above information
in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or
that you are authorized to act on behalf of that owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.
finddebtsettlement will remove the infringing posting(s), subject to the the procedures outlined in
the Digital Millenium Copyright Act (DMCA).
6. PRIVACY AND INFORMATION DISCLOSURE
finddebtsettlement has established a Privacy Policy to explain to users how their information is collected
and used, which is located at the following web address: http://www.finddebtsettlement.com/about/PrivacyPolicy.aspx
Your use of the finddebtsettlement website or the Service signifies acknowledgement of and agreement to our
Privacy Policy. You further acknowledge and agree that finddebtsettlement may, in its sole discretion, preserve
or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps,
and other user information, if required to do so by law or in the good faith belief that such preservation
or disclosure is reasonably necessary to: comply with legal process; enforce the TOU; respond to claims
that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone
number, street address) of a third-party has been posted or transmitted without their consent or as a form
of harassment; protect the rights, property, or personal safety of finddebtsettlement, its users or the general public.
7. CONDUCT
You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory,
libelous, invasive of another's privacy, or is harmful to minors in any way;
b) that is pornographic or depicts a human being engaged in actual sexual
conduct including but not limited to (i) sexual intercourse, including genital-genital,
oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite
sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or
(v) lascivious exhibition of the genitals or pubic area of any person;
c) that harasses, degrades, intimidates or is hateful toward an individual or group of
individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
d) that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of
any dwelling, a discriminatory preference based on race, color, national origin, religion, sex,
familial status or handicap (or violates any state or local law prohibiting discrimination on the
basis of these or other characteristics);
e) that violates federal, state, or local equal employment opportunity laws, including but
not limited to, stating in any advertisement for employment a preference or requirement based
on race, color, religion, sex, national origin, age, or disability.
f) with respect to employers that employ four or more employees, that violates the anti-discrimination
provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful
permanent residency (green card status) as a condition for employment, unless otherwise required in
order to comply with law, regulation, executive order, or federal, state, or local government contract.
g) that impersonates any person or entity, including, but not limited to, a finddebtsettlement employee, or
falsely states or otherwise misrepresents your affiliation with a person or entity (this provision
does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
h) that includes personal or identifying information about another person without that person's
explicit consent;
i) that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
j) that infringes any patent, trademark, trade secret, copyright or other proprietary rights
of any party, or Content that you do not have a right to make available under any law or under
contractual or fiduciary relationships;
k) that constitutes or contains "affiliate marketing," "link referral code," "junk mail,"
"spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
l) that constitutes or contains any form of advertising or solicitation if: posted in areas
of the finddebtsettlement sites which are not designated for such purposes; or emailed to finddebtsettlement
users who have not indicated in writing that it is ok to contact them about other services,
products or commercial interests.
m) that includes links to commercial services or web sites, except as allowed in "services";
n) that advertises any illegal service or the sale of any items the sale of which is prohibited
or restricted by any applicable law, including without limitation items the sale of which is
prohibited or regulated by California law.
o) that contains software viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
p) that disrupts the normal flow of dialogue with an excessive amount of Content
(flooding attack) to the Service, or that otherwise negatively affects other users'
ability to use the Service; or
q) that employs misleading email addresses, or forged headers or otherwise manipulated
identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
r) contact anyone who has asked not to be contacted;
s) "stalk" or otherwise harass anyone;
t) collect personal data about other users for commercial or unlawful purposes;
u) use automated means, including spiders, robots, crawlers, data mining tools, or the
like to download data from the Service - unless expressly permitted by finddebtsettlement;
v) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content
or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
w) post the same item or service in more than one classified category or forum, or in more than one
metropolitan area;
x) attempt to gain unauthorized access to finddebtsettlement's computer systems or engage in any activity that
disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality
of, the Service or the finddebtsettlement website; or
y) use any form of automated device or computer program that enables the submission of postings
on finddebtsettlement without each posting being manually entered by the author thereof (an "automated posting
device"), including without limitation, the use of any such automated posting device to submit postings
in bulk, or for automatic submission of postings at regular intervals.
8. POSTING AGENTS
A "Posting Agent" is a third-party agent, service, or intermediary that offers to post Content to the
Service on behalf of others. To moderate demands on finddebtsettlement's resources, you may not use a Posting
Agent to post Content to the Service without express permission or license from finddebtsettlement. Correspondingly,
Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted,
or otherwise access the Service to facilitate posting Content on behalf of others, except with express
permission or license from finddebtsettlement.
9. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to finddebtsettlement email addresses
or through finddebtsettlement computer systems, which is expressly prohibited by these TOU, will use or cause
to be used servers located in California. Any unauthorized use of finddebtsettlement computer systems is a violation
of the TOU and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act
(18 U.S.C. ยง 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California
Business and Professions Code. Such violations may subject the sender and his or her agents to civil and
criminal penalties.
11. LIMITATIONS ON SERVICE
You acknowledge that finddebtsettlement may establish limits concerning use of the Service, including the maximum
number of days that Content will be retained by the Service, the maximum number and size of postings, email
messages, or other Content that may be transmitted or stored by the Service, and the frequency with which
you may access the Service. You agree that finddebtsettlement has no responsibility or liability for the deletion or
failure to store any Content maintained or transmitted by the Service. You acknowledge that finddebtsettlement reserves
the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and
that finddebtsettlement shall not be liable to you or to any third party for any modification, suspension or
discontinuance of the Service.
12. ACCESS TO THE SERVICE
finddebtsettlement grants you a limited, revocable, nonexclusive license to access the Service for your own personal
use. This license does not include: (a) access to the Service by Posting Agents; or (b) any collection,
aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining,
robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted
by finddebtsettlement.
A limited exception to (b) is provided to general purpose internet search engines and
non-commercial public archives that use such tools to gather information for the sole purpose
of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of
IP addresses using an easily identifiable agent and comply with our robots.txt file. "General purpose
internet search engine" does not include a website or search engine or other service that specializes
in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services,
or personals, or which is in the business of providing classified ad listing services. finddebtsettlement permits you to
display on your website, or create a hyperlink on your website to, individual postings on the Service so
long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs
or personal online media). If the total number of such postings displayed or linked to on your website exceeds
one hundred (100) postings, your use will be presumed to be in violation of the TOU, absent express permission
granted by finddebtsettlement to do so. You may also create a hyperlink to the home page of finddebtsettlement sites so long as
the link does not portray finddebtsettlement, its employees, or its affiliates in a false, misleading, derogatory, or
otherwise offensive manner. Use of the Service beyond the scope of authorized access granted to you by finddebtsettlement
immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or
make derivative use of the the Service or any Content made available via the Service for other purposes (including
commercial purposes) not stated herein, you must first obtain a license from finddebtsettlement.
13. TERMINATION OF SERVICE
You agree that finddebtsettlement, in its sole discretion, has the right (but not the obligation) to delete or
deactivate your account, block your email or IP address, or otherwise terminate your access to or use of
the Service (or any part thereof), immediately and without notice, and remove and discard any Content within
the Service, for any reason, including, without limitation, if finddebtsettlement believes that you have acted inconsistently
with the letter or spirit of the TOU. Further, you agree that finddebtsettlement shall not be liable to you or any third-party
for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said
termination.
14. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws and international treaties.
Content displayed on or through the Service is protected by copyright as a collective work and/or compilation,
pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative
works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any
portion thereof to any other server or location for further reproduction or redistribution is prohibited without
the express written consent of finddebtsettlement. You further agree not to reproduce, duplicate or copy Content from the
Service without the express written consent of finddebtsettlement, and agree to abide by any and all copyright notices
displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover
any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate,
copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. Although finddebtsettlement does not
claim ownership of content that its users post, by posting Content to any public area of the Service, you
automatically grant, and you represent and warrant that you have the right to grant, to finddebtsettlement an irrevocable,
perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content
and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize
sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of
the Service, you automatically grant finddebtsettlement all rights necessary to prohibit any subsequent aggregation,
display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
15. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE finddebtsettlement SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE finddebtsettlement SITE
AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND.
ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED
TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW,
finddebtsettlement DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY,
TIMELINESS, ACCURACY, AND PERFORMANCE OF THE finddebtsettlement SITE AND THE SERVICE. TO THE FULLEST
EXTENT PERMITTED BY LAW, finddebtsettlement DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED
THROUGH OR ADVERTISED ON THE finddebtsettlement SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON
THE finddebtsettlement SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, finddebtsettlement DISCLAIMS ANY WARRANTIES FOR
VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE finddebtsettlement SITE OR THE SERVICE. Some
jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the
foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
16. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL finddebtsettlement BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES (EVEN IF finddebtsettlement HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING
FROM ANY ASPECT OF YOUR USE OF THE finddebtsettlement SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR
MISUSE OF THE finddebtsettlement SITE OR THE SERVICE, FROM INABILITY TO USE THE finddebtsettlement SITE OR THE SERVICE,
OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE finddebtsettlement SITE
OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER
SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE finddebtsettlement SITE OR THE SERVICE
OR ANY LINKS ON THE finddebtsettlement SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH
OR ADVERTISED IN CONNECTION WITH THE finddebtsettlement SITE OR THE SERVICE OR ANY LINKS ON THE finddebtsettlement SITE.
THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations
of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
17. INDEMNITY
You agree to indemnify and hold finddebtsettlement, its officers, subsidiaries,
affiliates, successors, assigns, directors, officers, agents, service
providers, suppliers and employees, harmless from any claim or demand,
including reasonable attorney fees and court costs, made by any third party
due to or arising out of Content you submit, post or make available through
the Service, your use of the Service, your violation of the TOU, your
breach of any of the representations and warranties herein, or your
violation of any rights of another.
18. GENERAL INFORMATION
The TOU constitute the entire agreement between you and finddebtsettlement and govern your use of
the Service, superseding any prior agreements between you and finddebtsettlement. The TOU and the
relationship between you and finddebtsettlement shall be governed by the laws of the State of
California without regard to its conflict of law provisions. You and finddebtsettlement agree to
submit to the personal and exclusive jurisdiction of the courts located within the county
of San Francisco, California. The failure of finddebtsettlement to exercise or enforce any right or
provision of the TOU shall not constitute a waiver of such right or provision. If any provision
of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties' intentions as reflected in
the provision, and the other provisions of the TOU remain in
full force and effect. You agree that regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to use of the Service or the TOU must be
filed within one (1) year after such claim or cause of action arose or be forever barred.
19. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the TOU, by flagging the posting(s) for
review, or by emailing to:
support@finddebtsettlement.com
Our failure to act with respect to a breach by you or others does not waive our right to
act with respect to subsequent or similar breaches. You understand and agree that, because
damages are often difficult to quantify, if it becomes necessary for finddebtsettlement to pursue
legal action to enforce the TOU, you will be liable to pay finddebtsettlement. You agree to pay finddebtsettlement's
actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding
any other provision of the TOU, finddebtsettlement retains the right to seek the remedy of specific
performance of any term contained in the TOU, or a preliminary or permanent injunction against
the breach of any such term or in aid of the exercise of any power granted in the TOU, or any
combination thereof.