AGREEMENT TO OUR TERMS OF SERVICE

American Consumer Credit Counseling, Inc. (“Company,” “we,” “us,” “our”), a Massachusetts non-profit corporation, with a principal place of business at 130 Rumford Ave, Suite 202, Auburndale, MA 02466  grants you a non-exclusive license to use the mobile application CreditU ™  (the “App”), as well as any other related products and services (collectively, such products and services are referred to as the “Services”) on the condition and solely to the extent you agree and comply with these terms of service (the “Terms”).CreditU ™ is a trademark of American Consumer Credit Counseling, Inc.

The App is a cutting-edge personal finance application that combines the power of artificial intelligence with the expertise of human credit counseling to help our customers manage their finances with ease and confidence.

DMP clients have free access to the ‘My DMP’ feature in the CreditU app as part of their enrollment in the Debt Management Program. No CreditU Premium Subscription is necessary for this access.

You can contact us by phone at (800) 769-3571, email at CreditU@consumercredit.com, or by mail to 130 Rumford Ave, Suite 202, Auburndale, MA 02466, United States.

These Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and the Company, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
The modified Terms will become effective upon posting or notifying you by CreditU@consumercredit.com, as stated in the email message. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified Terms.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services. We recommend that you print a copy of these Terms for your records.

TABLE OF CONTENTS

    1. OUR SERVICES
    2. INTELLECTUAL PROPERTY RIGHTS
    3. USER REPRESENTATIONS
    4. USER REGISTRATION
    5. PURCHASES AND PAYMENT
    6. PROHIBITED ACTIVITIES
    7. USER GENERATED CONTRIBUTIONS
    8. CONTRIBUTION LICENSE
    9. GUIDELINES FOR REVIEWS
    10. MOBILE APPLICATION LICENSE
    11. SOCIAL MEDIA
    12. THIRD-PARTY WEBSITES AND CONTENT
    13. SERVICES MANAGEMENT
    14. PRIVACY POLICY
    15. TERM AND TERMINATION
    16. MODIFICATIONS AND INTERRUPTIONS
    17. GOVERNING LAW
    18. DISPUTE RESOLUTION
    19. CORRECTIONS
    20. DISCLAIMER
    21. LIMITATIONS OF LIABILITY
    22. INDEMNIFICATION
    23. USER DATA
    24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
    25. CALIFORNIA USERS AND RESIDENTS
    26. MISCELLANEOUS
    27. CONTACT US

  1. 1. OUR SERVICES

  2. The information provided when using the Services is not intended for distribution to or use by any person or entity outside of the United States or a citizen of another country if  such distribution or use would subject us to any registration requirement or privacy regulation outside of the United States.

    2. INTELLECTUAL PROPERTY RIGHTS

    2. Our intellectual propertyWe are the owner, or the licensee of all Intellectual Property Rights (as defined below) used in connection with our Services (collectively, the “Content”).As used herein, “Intellectual Property Rights” means all rights in: (a) all classes or types of patents and patent applications; (b) works of authorship,  (including computer programs, software,  data and databases) whether or not the subject of a copyright registration; (c) trademarks, services marks, trade dress, trade names, corporate names, domain names and other source-identifying indicia, whether registered or unregistered, with all of the goodwill associated therewith (collectively, the “Marks”);  and (d) discoveries, inventions, ideas, designs (whether patentable or not), know-how, improvements, trade secrets, and confidential information.Your use of our ServicesSubject to your compliance with these Terms, including the “Prohibited Activities” section below, we grant you a non-exclusive, non-transferable, revocable license to access the Services and download or print a copy of any portion of the Content to which you have properly gained access.We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.Any breach of these Intellectual Property Rights will constitute a material breach of our Terms and your right to use our Services will terminate immediately.Your submissionsSubmissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”), you agree to unconditionally assign to us all Intellectual Property Rights in such Submission. You agree that we shall own any Submission and are entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

    3. USER REPRESENTATIONS

    By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means; (6) you will not use the Services for any illegal, harmful, defamatory, obscene, or unauthorized purpose; (7) to the maximum extent permissible by applicable law,  you waive any and all moral rights to any Submission; (8) that any Submission is original to you or that you have the necessary rights and licenses to submit such Submission and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and (9) your use of the Services will not violate any applicable law or regulation.If you provide any information that is untrue, inaccurate, not current, or incomplete, or violates any applicable law or regulation, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) by you.

    You are solely responsible for your Submissions, and you expressly agree to indemnify and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, for any and all claims, damages or losses that we may suffer because of your breach of (a) this section, (b) any third party’s Intellectual Property Rights, or (c) applicable law.

    4. USER REGISTRATION

    You may be required to register to use the Services. You are solely responsible for all use of your account and password. We reserve the right to remove or reject a username you select if we determine, in our sole and absolute discretion.

    5. PURCHASES AND PAYMENT

    We accept the following forms of payment:

    ACH

    Debit or Credit Card (Visa/Mastercard)

    Please refer to the links below for a list of additional accepted payment methods:

    Apple

    Google Play

    You agree to provide current, complete, and accurate account information for all purchases made via the Services. You further agree to promptly update account and payment information, so that we can complete your transactions and contact you as needed. Sales taxes will be added to the price of purchases as required. We reserve the right to change prices for the Services at any time. All payments shall be in US dollars.

    You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, and bill you for any deficiency or remit any overages paid to us by you, at any time.

    DMP clients have free access to the ‘My DMP’ feature in the CreditU app as part of their enrollment in the Debt Management Program. No CreditU Premium Subscription is necessary for this access.

    All sales shall be deemed final, and no refund will be issued, except as otherwise set forth herein.

  3.  

    6. PROHIBITED ACTIVITIES

    You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us in writing. As a user of the Services, you agree not to:

    • Systematically retrieve data or other content from the Services to create or compile information without written permission from us.
    • Trick, defraud, or mislead us and other users.
    • Use the services for commercial reasons.
    • Circumvent, disable, or otherwise interfere with security-related features of the Services.
    • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
    • Use any information obtained from the Services in order to harm another person.
    • Make improper use of our support services or submit false reports of abuse or misconduct.
    • Use the Services in a manner inconsistent with any applicable laws or regulations.
    • Engage in unauthorized framing of or linking to the Services.
    • Upload or transmit (or attempt to upload or to transmit) viruses or spam (continuous posting of repetitive text) or other harmful material that interferes with any party’s uninterrupted use, operation, maintenance and/or enjoyment of the Services.
    • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
    • Delete the copyright or other proprietary rights notice from any Content.
    • Attempt to impersonate another user or person or use the username of another user.
    • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism).
    • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
    • Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
    • Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other
    • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
    • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system to access the Services, or use or launch any unauthorized script or other software.
    • Use a buying agent or purchasing agent to make purchases on the Services.
    • Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
    • Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
    • Use the Services to advertise or offer to sell goods and services or for any pyramid schemes or chain letters.
    • Sell, assign, license or otherwise transfer your profile.

    If you wish to make any use of the Services or Intellectual Property other than as set out in our Terms, please address your request to: CreditU@consumercredit.com. We may  If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services or Intellectual Property and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

    We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

    7. USER GENERATED CONTRIBUTIONS

    If you submit content to us (including text, videos, audio files, photographs, graphics, suggestions, and reviews) (collectively, “Contributions”), you thereby represent and warrant that:

    • You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us to use your Contributions in any manner contemplated by the Services and these Terms.
    • You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name and/or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Terms.
    • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
    • Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
    • Your Contributions do not violate any applicable law, regulation, or rule, including those applicable to child pornography, do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap and are not among the “Prohibited Activities.”
    • Your Contributions do not violate the privacy or publicity rights of any third party.
    • Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms, or any applicable law or regulation.

    Any use of the Services in violation of the foregoing violates these Terms and may result in, among other things, termination, or suspension of your rights to use the Services.

    8.  CONTRIBUTION LICENSE

    You agree that by using the Services you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to access, store, process, and use any information and personal data that you provide, subject to the terms of the Privacy Policy and your choices (including settings).

    We do not assert any ownership over your Contributions. You shall retain full ownership of all of your Contributions and any Intellectual Property Rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area of the Services. You are solely responsible for your Contributions to the Services, and you expressly agree to indemnify and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

    9.  GUIDELINES FOR REVIEWS

    We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) you may not be affiliated with competitors if posting negative reviews; (3) you should not make any conclusions as to the legality of conduct; (4) you may not organize a campaign encouraging others to post reviews, whether positive or negative.

    We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review.

    10. MOBILE APPLICATION LICENSE

    Use License

    If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you strictly in accordance with these Terms. You shall not: (1) decompile or decrypt the App; (2) make any modification to or any derivative work of App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice pertaining to the App; (5) use the App for any commercial enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the App for a purpose that is directly or indirectly, competitive with the App.

    Apple and Android Devices

    The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Services: (1) the license granted to you for our App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you represent and warrant that (i) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a “terrorist supporting” country and (ii) you are not listed on any US government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms against you as a third-party beneficiary thereof.

    11. SOCIAL MEDIA

    As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”). You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Services via your account, including without limitation any friend lists and (2) we may submit to and receive from the service provider of your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Services. You will have the ability to disable the connection between your account on the Services and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Services. You can deactivate the connection between the Services and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

    12.  THIRD-PARTY WEBSITES AND CONTENT

    The Services may contain (or you may be sent via the App) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). We are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from any harm caused by your purchase of such products or services, or from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.  ACCC uses Forward Lending, Inc. (“Method”), to connect to and obtain information from your liability accounts. By using CreditU or the Services, you agree to Method’s Privacy Policy and Terms of Service.

    13.  SERVICES MANAGEMENT

    We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions, Submissions, or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

    14.  PRIVACY POLICY

    We care about data privacy and security. Please review our privacy policy: https://www.CreditU.org/.  (the “Privacy Policy”). By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms. Please be advised the Services are hosted in and limited to residents of the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

    15. TERM AND TERMINATION

    These Terms shall remain in full force and effect throughout any period of time in which you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

    If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil and/or injunctive redress, and/or refer you to the proper authorities for any actual or potential criminal act you have committed.

    16. MODIFICATIONS AND INTERRUPTIONS

    We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. You acknowledge and agree that we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

    We cannot guarantee the Services will be available at all times. We may experience  interruptions, delays, or errors. We reserve the right to  modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

    17. GOVERNING LAW

    These Terms and your use of the Services are governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without regard to its conflict of law principles.

    18. DISPUTE RESOLUTION

    Informal Negotiations

    To expedite resolution and control the cost of any dispute related to these Terms (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

    Binding Arbitration

    If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT BY USING THE SERVICES AND ACCEPTING THESE TERMS YOU ARE WAIVING YOUR RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Middlesex County, Massachusetts. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

    If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Middlesex County, Massachusetts, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms.

    In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

    Restrictions

    The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

    Exceptions to Informal Negotiations and Arbitration

    The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the Intellectual Property Rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

    19. CORRECTIONS

    We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

    20. DISCLAIMER

    THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

    21. LIMITATIONS OF LIABILITY

    IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

    22. INDEMNIFICATION

    You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; (4) your violation of the rights of a third party, including but not limited to Intellectual Property Rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

    23. USER DATA

    We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

    24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

    Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

    25. CALIFORNIA USERS AND RESIDENTS

    If you are a resident of California and have a complaint with us that is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

    26. MISCELLANEOUS

    These Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time without notice. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Services. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

    27. CONTACT US

    In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

    American Consumer Credit Counseling, Inc.
    130 Rumford Ave, Suite 202
    Auburndale, MA 02466
    United States
    Phone: (800) 769-3571
    CreditU@consumercredit.com

     

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