Browsing Our Website
This website does not collect personally identifiable information from your computer when you browse this website and request pages from our servers. This means that, unless you voluntarily and knowingly provide us with personally identifiable information, we will not know your name, your email address, or any other personally identifiable information. StudentDebtsConsolidation.com’s servers automatically record non-personally identifiable information when you visit our website or use some of our products. When you request a page from our website, our servers log the information provided in the HTTP request header including the IP number, the date and time of the request, the URL of your request, the language used, the browser type and any other information that is provided in the HTTP header. We collect the HTTP request header information in order to make our website function correctly and provide you the functionality that you see on this website. We also use this information to better understand how visitors use our website and how we can better tune it, its contents and functionality to meet your needs.
When we need to collect personally identifiable information from you to execute the requested transaction or provide you with a particular service, we will ask you to voluntarily supply us with the information we need. We will ask you for information such as, but not limited to: name, address, telephone number, email address, and demographic information (such as income level and gender) to process your submission.
In addition, when you provide contact details for transaction requests such as scheduling an appointment or requesting a proposal, we will use the contact information to keep you updated about future offers or promotions unless you opt-out online or otherwise notify us.
This information may be collected from, but not limited to, the following sources:
Our communications with you, including information obtained when you register for StudentDebtsConsolidation.com service or otherwise volunteer information, such as your income, assets you possess, and account payment history; Your transactions with us, our affiliates, or others; Outside companies, such as consumer reporting agencies, to evaluate your creditworthiness and credit history; Public sources, such as bankruptcy records and real estate records. Aside from the ways mentioned above, we sometimes use your personally identifiable information in other ways, including sending you promotional materials, and sharing your information with third parties so that these third parties can send you promotional materials. (By “promotional materials,” we mean communications that directly promote the use of Websites, or the purchase of products or services.). However, you may “opt-out” of certain uses of your personal information.
How StudentDebtsConsolidation.com Uses Personally Identifiable Information
We may disclose a consumer’s personally identifiable information in order to effect or carry out any transaction that you have requested of us or as necessary to complete our contractual obligations with you. The personal information collected on this site and by third parties will be used to operate the site and to provide the services or products or carry out the transactions you have requested or authorized.
We Reserve The Right To, And Will, Sell Or Transfer Your Personal Information To Third Parties For Any Purpose In Our Sole Discretion. We prohibit the sale or transfer of personal information to non-affiliated entities for their use without giving you the opportunity to opt-out. We may share your personally identifiable information with affiliated companies that are directly or indirectly controlled by, or under common control of StudentDebtsConsolidation.com. We may send personally identifiable information about you to non-affiliated companies that are not directly or indirectly controlled by, or under common control of, StudentDebtsConsolidation.com.
We may use this personally identifiable information for auditing, research and analysis to operate and improve StudentDebtsConsolidation.com technologies and services. We may change or broaden the use of your personal information at any time. We may use your personal information to provide customized content, promotional offers to individuals by means of email advertising, telephone marketing, direct mail marketing, banner advertising, and other possible uses.
StudentDebtsConsolidation.com may also share aggregated information that does not identify you, the consumer, with outside companies. Aggregated Information refers to information StudentDebtsConsolidation.com gathers by aggregating non-personally identifiable information to provide summaries of use of the website. The aggregated information is used to show usage patterns and to do such things as negotiate with vendors of internet services. Such Information is not linked to the consumer’s personal information.
We offer you choices when we ask for personal information, whenever reasonably possible. We provide you the opportunity to ‘opt-out’ of having your personally identifiable information used for certain purposes, when we ask for this information. For example, if you purchase a product/service but do not wish to receive any additional marketing material from us, you can indicate your preference on our order form.
If you no longer wish to receive our newsletter and promotional communications, you may opt-out of receiving them by following the instructions included in each newsletter or communication or by emailing or calling us per the information contained on our contact page.
Such consent may be withdrawn by calling the telephone number provided below or may be done in writing/email and sent to our customer service department at the following email address:
These third parties are prohibited from using or sharing your personally identifiable information for any purpose other than the job they were hired to do.
Securing the Transmission and Storage of Information
The security of your personal information is extremely important to us. We employ generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. We maintain physical safeguards, such as secure areas in buildings; electronic safeguards, such as passwords and encryption; and procedural safeguards, such as customer authentication procedures to prevent ID theft. StudentDebtsConsolidation.com processes personal information on servers in the United States and in other countries. Access to information about you is restricted to authorized employees obtaining the information for business purposes.
Our site uses SSL (Secure Sockets Layer) security technology to encrypt information you provide to us through the site when entering sensitive information (such as credit card number and/or social security number) on our registration or order forms. This ensures that your information is encrypted as it travels over the Internet. SSL is an industry-standard protocol for encryption over the internet.
After information reaches StudentDebtsConsolidation.com, it is stored on a secure server that resides behind firewalls designed to block unauthorized access from outside of StudentDebtsConsolidation.com. You can help to maintain the security of your online transactions by not sharing your personal information or password with anyone. Remember, no method of transmission over the Internet, or method of electronic storage, is 100% secure. (Example: any information you provide us by email is not encrypted) Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
If you have any questions about the security on our Website, please feel free to e-mail us.
As is true of most Websites, we gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and click stream data.
We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users movements around the site and to gather demographic information about our user base as a whole. We do not link this automatically-collected data to personally identifiable information.
A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. We do not link the information we store in cookies to any personally identifiable information you submit while on our site.
We use session ID cookies. We use session cookies to make it easier for you to navigate our site. A session ID cookie expires when you close you browser.
We can at your option set a persistent cookie to store your passwords, so you don’t have to enter it more than once. Persistent cookies also enable us to track and target the interests of our users to enhance the experience on our site.
If you reject cookies, you may still use our site, but your ability to use some areas of our site, such as contests or surveys, will be limited.
Clear Gifs (Web Beacons/Web Bugs)
We employ a software technology called clear gifs (a.k.a. Web Beacons/Web Bugs), that help us better manage content on our site by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on Web pages and are about the size of the period at the end of this sentence. We do not tie the information gathered by clear gifs to our customers personally identifiable information.
We use clear gifs in our HTML-based emails to let us know which emails have been opened by recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns. If you would like to opt-out of these emails, please see “Choice and Opt-out.”
Third Party Advertisers
Any ads appearing on this Website are delivered to users by our advertising partner. We share Website usage information about users with a reputable third party for the purpose of targeting our Internet banner advertisements on this site. The information collected and shared through this technology is not personally identifiable.
Links to Other Sites
While we try to link only to sites that share our standards and respect for privacy, we are not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our site and to read the applicable privacy policies and terms of conditions of each and every Website that collects personally identifiable information.
We may be co-branded with “partners and affiliates” or part of a corporate group. We may share information about customers and former customers with these co-branded / corporate group companies. These business to business relationships are helpful to us and to you as they afford all concerned with greater product and service opportunities. We always provide opt-out opportunities regarding the sharing of your information with such partners and affiliates. Please note the sites linked to our site are governed by their own privacy policies which may or may not reach the standards set by StudentDebtsConsolidation.com.
Access to Personally Identifiable Information
We will make good faith efforts to provide you access to your personal information upon request. If your personally identifiable information changes, or if you no longer desire our product or service, you may correct, update, delete or deactivate same by emailing our Customer Support by contacting us by telephone or postal mail at the contact information listed below.
Consistent with the Federal Children’s Online Privacy Protection Act of 1998 (COPPA), we will never knowingly request personally identifiable information from anyone under the age of 13 without requesting parental consent.
We reserve the right to disclose your personally identifiable information, as required, to comply with the law, applicable regulations, governmental and quasi-governmental requests, judicial proceedings, court orders or subpoenas, to enforce our Legal Notices or other agreements, or to protect our rights, property or safety or the rights, or to protect the property or safety of our users or others (e.g., to a consumer reporting agency for fraud protection etc.), and to ensure the security of our network and services.
Enhancement of Information
We may purchase marketing data from third parties and add it to our existing user database, to better target our advertising and to provide pertinent offers in which we think you would be interested. To enrich our database of individual customers, we tie this information to the personally identifiable information they have provided to us.
In the event StudentDebtsConsolidation.com goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your personally identifiable information will likely be among the assets transferred. You will be notified via e-mail and/or a prominent notice on our Website for 30 days of any such change in ownership or control of your personal information.
StudentDebtsConsolidation.com 9461 Charleville Blvd, Beverly Hills, #210 CA 90212
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
Marketing ("StudentDebtsConsolidation", "we," "us" or "our"), a California limited liability company, operates several websites, including this website (each a "Site" and collectively, the "Sites"). By using or accessing this Site, a mobile application of this Site, or any of the Site's Content (as defined below), you acknowledge that you agree to and are subject to the following terms and conditions of service (the "Terms"). If you do not fully agree to these Terms, you may not access or otherwise use the Site. You should read through all the Terms carefully. The Terms constitute a legally binding agreement between you and StudentDebtsConsolidation that is the owner or operator of the Site. You covenant, represent and warrant that you have any and all authorizations as may be necessary to enter into this agreement and that your use of the Site, including provision or use of any Content (defined below), does not violate any applicable law. If you are using the Site on behalf of an employer or other entity, you represent and warrant that you have the authority to bind such entity to the Terms. You must be a resident of the United States (including its territorial possessions) and at least eighteen (18) years of age to access and use the Site.
THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE ALL CLAIMS, A WAIVER OF YOUR ABILITY TO BRING OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AND ALSO CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (please see Sections 9, 10, 11 and 13). These provisions form an essential basis of our bargain. If you do not agree to these Terms, you are not authorized to access or use the Site or the Services offered on the Site and you should stop using and exit the Site.
1. Our Services.
PLEASE BE ADVISED THAT WE ARE NOT A PARTY TO ANY DEBT OFFER OR OTHER TRANSACTION. We do not offer any products or services described on the Site. Instead, the Site acts as a venue to allow debt settlement companies, and other parties who are customers of our Site, such as marketing partners (each, a "Provider"), to offer debt relief opportunities to consumers (each, a "Prospect"; all Prospects and Providers are referred to together as the Site's "users") who have visited one of our Sites or affiliated sites and given their information to be contacted by debt relief companies (the "Service"). We are not involved in the actual transaction between any Prospect and any Provider even though we may, through our Site or other affiliate sites, and with each Prospect's authorization, collect certain information (collectively, a "Lead") about any Prospect and sell such Lead to a Provider. As a result, the outcome of any service related inquiry, including but not limited to not receiving an offer for debt help is solely the responsibility of each user and not StudentDebtsConsolidation. We are an independent contractor for all purposes. Importantly, we do not provide debt relief services. We are not responsible in any way for the conduct of any Prospect or Provider. We do not endorse or recommend any Providers, or Companies offered by any Provider. We do not guarantee that any of the Providers to whom we forward any Prospect's information will contact such Prospect or agree to provide the Prospect with any form of help. The Providers that can provide you with debt relief or conditional offers may not respond with offers until they obtain additional information from you. Although StudentDebtsConsolidation is compensated by Providers when we display advertisements for their products or services to you and/or when fill out and submit a form. StudentDebtsConsolidation does not make any decisions in connection with the offers that may be offered to you. Any compensation from Providers is payment for StudentDebtsConsolidation's services, tools and facilities. Your use of the Site and/or the Service constitutes your agreement with this compensation arrangement. The Site and the products, services and opportunities provided or advertised on and through the Site may not be available in all states, and the availability of such services, products and opportunities offered on and through the Site may change from to time without notice. StudentDebtsConsolidation does not guarantee any form of debt relief, specific terms or conditions with any Provider. To help the government fight identity theft, the funding of terrorism and money laundering activities, and to help attempt to verify your identity, Providers may obtain, verify and record information that identifies each person who filled out a for. For example, they may ask for your name, Social Security Number or driver's license number, address, date of birth, and other important information, that will allow proper identification of you. During the Provider application process, they may also ask for additional information. By clicking on any button indicating an acceptance or agreement to terms, a continuance of processing, a request to be contacted about debt relief or additional information or any other submission ("submission"), you understand that you are agreeing to the stated terms and conditions of that submission and that you are submitting an inquiry as to debt relief opportunities or another product or service through StudentDebtsConsolidation to each of the Providers to whom your request is transmitted. By including your telephone number and email address in any submission, you are extending an express invitation and providing your express written consent to StudentDebtsConsolidation and to each and every Provider you have been matched with (i) to contact you by telephone at the numbers you have provided (including through auto-dialed, pre-recorded, artificial voice and/or text messages) so they may assist you with your debt needs and you hereby consent to any such calls or texts even if your phone number is on any corporate, state or national Do Not Call list or registry, or (ii) to contact you by email at any email address you provided. You understand that you are not required to provide your consent as a condition of services. For SMS and MMS text messaging, message and data rates imposed by your mobile data provider may apply. You represent that all of the information you have provided in your submission is true and complete. By submitting information on a debt relief form or similar form on our Site, you authorize us to provide such information to Providers in order to help you complete your request (including providing you with information about other products or services in which you have expressed an interest). Additionally, where applicable you authorize the Providers to verify the accuracy and authenticity of all information supplied by you, both internally and with the assistance of unaffiliated third parties or credit bureaus.
2. Personal Use.
Although we do charge a fee to Providers to purchase Leads or information we gather from our Sites, and we may from time to time charge users fees for utilizing various other services that may now or in the future be provided by our Site, we do not charge users to access the public portions of our Site. Accordingly, we grant each user a limited, revocable, non-exclusive license to access the Site in order to, as applicable, view or make legitimate inquiries to us regarding our Service, all in accordance with these Terms. We further grant each Provider a limited, revocable, non-exclusive license to access the password-protected portions of the Site or the Service (as applicable) in accordance with these Terms or any written agreement between us and the Provider. Any other use of the Site or the Service is expressly prohibited. Importantly, this limited license does not include any right of collection, aggregation, copying, duplication, display or modification of the Site or the Service nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided that 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.
3. Proprietary Rights and Downloading of Information from the Site.
The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The text, files, images, photos, maps and other materials on the Site and/or available through the Service (collectively, the "Content") are only for each user's personal use in accordance with the limited license grant contained herein or (in the case of Providers) also pursuant to any separate written agreement. All Content on the Site, and the Site itself, is protected by copyright and database rights, and you will abide by any and all additional copyright (or other proprietary) notices, information, or restrictions contained in or relating to any Content on the Site. Copying or storing of any Content other than for your personal, noncommercial use is expressly prohibited without the prior written permission from us or the applicable copyright holder. All trade and service marks and logos used on the Sites (including, without limitation, the Site's domain name) are the exclusive property of StudentDebtsConsolidation or its licensors (as applicable), you may not copy or use them in any manner and all goodwill arising from the usage thereof shall inure to our (or our licensors', as applicable) sole benefit.
4. Unauthorized Use.
Unless otherwise provided within these Terms, or unless otherwise applicable law requires us to allow you to do so, you may not do any of the following without our prior written consent:
Copy reproduce, upload, post, display, republish, distribute, or transmit any part of the Content in any form whatsoever;
Reproduce any portion of the Site or the Service on your website or otherwise, using any device including, but not limited to, use of a frame or border environment or other framing technique, to enclose any portion or aspect of the Site or Service, or mirror or replicate any portion of the Site or Service;
Modify, translate into any language or computer language, or create derivative works from, any Content or any part of this Site or Service;
Reverse engineer any part of this Site or the Service;
Sell, offer for sale, transfer, or license any portion of the Site or Service in any form to any third parties;
Use any robot, spider, other automatic device, or manual process to monitor, copy, or keep a database copy of the Content or any portion of the Site or Service;
Use the Site other than to learn about our Service and to make legitimate inquiries to us regarding our Service;
Use the Site to create any false or fraudulent account or inquiry or engage in any fraudulent action;
Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or for any other purpose that is unlawful or prohibited by these Terms;
Post or transmit any information that constitutes or contains false or misleading indications of origin or statements of fact;
Use or access the Site in any way that, in our sole discretion, adversely affects the performance or function of the Site or any other computer systems or networks used by us or the Site, or infringes on our copyright or any copyright of our Providers;
Violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark or patent rights, rights of publicity or privacy or any other proprietary rights;
Upload or transmit to the Site or use in connection with the Site any device, software or routine that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere or attempt to interfere with, or in any way disrupt or intercept the normal operation of the Site, or appropriate the Site or any system, or take any action that imposes an unreasonable load on our computer equipment, systems or networks; or
Disguise the origin of any information or inquiry transmitted through the Site. If we believe that you are engaging in any activity through or in connection with the Site or the Service that appears to be in violation of the above, or in violation of any other provision of these Terms or a violation of applicable law or regulations, we may, without limiting our other rights and remedies, immediately terminate any further use of the Site or Service by you without notice.
5. Changes to Site.
We may change, remove, suspend or discontinue any aspect of the Site at any time, including the availability of any Site features, database, or Content, with or without notice. We may also impose limits on certain features or services or restrict your access to parts or all of the Site without notice to you or liability to us.
7. Data Transmittal.
Each user acknowledges and agrees that, regardless of such user's physical location, we may store and process any data transmitted to the Site from such user at locations both within and outside of the United States. By using the Site, you consent to the transfer of your information to the United States and agree that any transactions you conduct through the Site will be deemed to have occurred in the United States.
8. Identity Verification.
User verification on the Internet is difficult, and we cannot and do not confirm each user's purported identity. We encourage you to use appropriate caution with anyone with whom you may be doing business via the Site or the Internet, generally. When you give someone your online ID and online password, you are authorizing that person to access and use your account, and you are responsible for any and all transactions that person performs while using your account, even those transactions that are fraudulent or that you did not intend or want performed. EACH USER ACKNOWLEDGES AND AGREES THAT: (i) NEITHER STUDENTDEBTCONSOLIDATION NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER'S ONLINE ID AND PASSWORD THAT OCCURS BEFORE SUCH USER HAS NOTIFIED US OF POSSIBLE UNAUTHORIZED USE OF SUCH ONLINE ID AND PASSWORD AND WE HAVE HAD A REASONABLE OPPORTUNITY TO ACT ON THAT NOTICE; AND (ii) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD COULD CAUSE YOU TO INCUR LIABILITY TO BOTH STUDENTDEBTCONSOLIDATION AND OTHER USERS. Further, we may suspend or cancel your account or your access to the Site and/or the Service at any time with or without notice if we suspect that your account and/or password is being used in an unauthorized or fraudulent manner.
9. Limitation of Liability.
IN NO EVENT WILL STUDENTDEBTCONSOLIDATION, OUR AFFILIATES, OFFICERS, MEMBERS, MANAGERS, DIRECTORS, AGENTS AND/OR EMPLOYEES (COLLECTIVELY, THE "STUDENTDEBTCONSOLIDATION GROUP") BE LIABLE FOR ANY LOST PROFITS OR DATA OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM OUR SITES OR SERVICE, THESE TERMS, YOUR USE OF THE SITE OR THE SERVICE AND/OR ANY TRANSACTION BETWEEN PROVIDERS AND PROSPECTS OR BETWEEN SITE USERS, GENERALLY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (i) BREACH OF CONTRACT, (ii) BREACH OF WARRANTY, (iii) STRICT LIABILITY, (iv) TORT, (v) NEGLIGENCE, OR (vi) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SITE OR THE SERVICE, IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, OR IF YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST THE STUDENTDEBTCONSOLIDATION GROUP, ANOTHER USER OR THE SITE WITH RESPECT TO THESE TERMS OR THE SITE ITSELF, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE SITE AND THE SERVICE. IN ALL EVENTS, OUR LIABILITY, AND THE LIABILITY OF ANY MEMBER OF THE STUDENTDEBTCONSOLIDATION GROUP, TO YOU OR TO ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE SERVICE, IN THE AGGREGATE FOR ANY AND ALL CLAIMS, IS LIMITED TO $100.00.
THE SITES AND THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITES OR THE SERVICE, ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE OR THE SERVICES, MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITES OR THE SERVICE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITES OR ANY LINKED SITE. FURTHER, WE EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS AND ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITES OR ANY SERVICES, MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN ANY PROVIDER AND PROSPECT REGARDING ANY TRANSACTION), YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE SITE AND EACH MEMBER OF THE STUDENTDEBTCONSOLIDATION GROUP, EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, SUCCESSORS AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, SUITS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE SITES OR THE 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 OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR" (OR ANY EQUIVALENT STATUTORY PROVISION WITH A SIMILAR IMPORT OR INTENT). IF YOU ARE A RESIDENT OF A STATE OTHER THAN CALIFORNIA, YOU EXPLICITLY WAIVE THE TERMS AND PROTECTIONS OF ANY STATUTE OF YOUR OWN STATE THAT HAS A SIMILAR IMPORT OR INTENT.
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD THE SITE AND EACH MEMBER OF THE STUDENTDEBTCONSOLIDATION GROUP (COLLECTIVELY, THE "INDEMNIFIED PARTIES") HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND COSTS) INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE SITES (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN A PROVIDER AND PROSPECT REGARDING ANY TRANSACTION), ANY ACT (OR FAILURE TO ACT) BY YOU OR OTHER USERS OF YOUR ACCOUNT OR ANY BREACH BY YOU OF THESE TERMS OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU HEREIN. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. THE STUDENTDEBTCONSOLIDATION GROUP RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT OUR PRIOR WRITTEN CONSENT.
13. Jurisdiction; Dispute Resolution; Arbitration. PLEASE READ CAREFULLY. THE FOLLOWING AFFECTS YOUR RIGHTS
A. These Terms shall be treated as though they were executed and performed in the Commonwealth of Pennsylvania and shall be governed by and construed in accordance with the laws of the United States of America and Commonwealth of California (without regard to conflict of law principles).
B. SHOULD A DISPUTE ARISE BETWEEN YOU AND STUDENTDEBTCONSOLIDATION (OR, WITH RESPECT TO DISPUTES INVOLVING YOUR DATA SUBMITTED THROUGH ANY SITE OR THE SERVICE, BETWEEN YOU AND ANY PERSON WHO PURCHASES SUCH DATA) CONCERNING THE TERMS AND CONDITIONS OF THESE TERMS, THE BREACH OF SAME BY ANY PARTY HERETO, ANY DATA SUBMITTED BY YOU, THE SITE OR SERVICE OR ANY OTHER PRODUCTS OR SERVICES PROVIDED BY STUDENTDEBTCONSOLIDATION, YOU AGREE TO SUBMIT THE DISPUTE FOR RESOLUTION BY ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS THEN CURRENT COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (COLLECTIVELY, "AAA RULES"), AS MODIFIED BY THESE TERMS. SUCH ARBITRATION SHALL BE ADMINISTERED BY A SINGLE ARBITRATOR. The arbitrator is bound by these Terms and must issue a written decision sufficient to explain the essential findings and conclusions on which an award is based. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provisions in this Section 13 are for a court to decide. ANY AWARD RENDERED SHALL BE FINAL AND CONCLUSIVE TO THE PARTIES, AND A JUDGMENT THEREON MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION. IN THE EVENT THAT ONE OF THE PARTIES TO THE DISPUTE IS A PERSON WHO PURCHASES YOUR DATA SUBMITTED THROUGH THE SITE OR THE SERVICE, THEN SUCH ARBITRATION SHALL BE CONDUCTED IN A LOCATION CONVENIENT TO YOU; OTHERWISE, THE ARBITRATION SHALL BE CONDUCTED IN LOS ANGELES, CALIFORNIA. YOU MAY OPT OUT OF THIS ARBITRATION REQUIREMENT BY NOTIFYING STUDENTDEBTCONSOLIDATION IN WRITING AT 9461 Charleville Blvd, Beverly Hills, CA 90212 THIRTY (30) DAYS AFTER SUBMITTING YOUR DATA THAT IS INVOLVED IN THE DISPUTE. NOTHING HEREIN SHALL BE CONSTRUED TO PRECLUDE ANY PARTY FROM SEEKING INJUNCTIVE RELIEF IN ANY COURT OF COMPETENT JURISDICTION IN ORDER TO PROTECT ITS INTELLECTUAL PROPERTY OR CONFIDENTIAL INFORMATION.
C. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NOT BRING, JOIN OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, CLAIMS BROUGHT IN A REPRESENTATIVE CAPACITY OR CONSOLIDATED CLAIMS AS TO ANY CLAIM, DISPUTE OR CONTROVERSY THAT YOU MAY HAVE AGAINST STUDENTDEBTCONSOLIDATION OR ITS AFFILIATES (OR, WITH RESPECT TO CAUSES OF ACTION INVOLVING YOUR DATA SUBMITTED THROUGH THE SITE OR THE SERVICE, AGAINST ANY PERSON WHO PURCHASES SUCH DATA), AND/OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, REPRESENTATIVES AND ASSIGNS. YOU AGREE TO THE ENTRY OF INJUNCTIVE RELIEF TO STOP SUCH A LAWSUIT OR TO REMOVE YOU AS A PARTICIPANT IN THE SUIT. YOU AGREE TO PAY THE ATTORNEYS' FEES AND COURT COSTS THAT STUDENTDEBTCONSOLIDATION OR ANY PERSON PURCHASING YOUR DATA INCURS IN SEEKING SUCH RELIEF. THIS PROVISION PREVENTING YOU FROM BRINGING, JOINING OR PARTICIPATING IN CLASS ACTION LAWSUITS AND OTHER CONSOLIDATED CLAIMS IS AN INDEPENDENT AGREEMENT AND DOES NOT CONSTITUTE A WAIVER OF ANY OF YOUR RIGHTS AND REMEDIES TO PURSUE A CLAIM INDIVIDUALLY AND NOT AS A CLASS ACTION IN BINDING ARBITRATION AS PROVIDED ABOVE. ANY PERSON WHO PURCHASES DATA SUBMITTED BY YOU THROUGH THE SITE OR SERVICE SHALL BE DEEMED A THIRD-PARTY BENEFICIARY OF THE FOREGOING PROVISIONS IN THIS SECTION 13 AND SHALL BE ABLE TO ENFORCE SUCH PROVISIONS DIRECTLY AGAINST YOU. Further, unless both you and StudentDebtsConsolidation agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
D. Should a dispute arise between you and StudentDebtsConsolidation and should the arbitration provisions herein become inapplicable or unenforceable, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in LOS ANGELES, California, and you hereby consent to the exercise of jurisdiction and venue by such courts. If either party employs attorneys to enforce any right in connection with a dispute or lawsuit, the prevailing party shall be entitled to recover reasonable attorneys' fees.
14. No Agency.
The relationship between StudentDebtsConsolidation and each user is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relations is intended or created by these Terms or your use of the Site.
Except as explicitly stated otherwise, any notices shall be submitted (in the case of you contacting us) by certified postal mail, return receipt requested, to:
StudentDebtsConsolidation 9461 Charleville Blvd,
Beverly Hills, CA 90212 Attn: Legal Dept.
or, when we need to send you notice, to any email address you may provide to the Site during the registration process or when submitting an inquiry (as applicable). Notice shall be deemed given upon receipt or 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested or by national courier service, to any address provided to us during the registration process or when submitting an inquiry (as applicable).
We reserve the right, in our sole discretion, to change, modify, add or remove any portion of these Terms, in whole or in part, at any time. Notification of changes to these Terms will be posted on the Sites and will be effective immediately thereafter. Your submission of a quote request and/or other use of the Sites following the posting of any such change, modification or amendment to these Terms will constitute your acceptance thereof. When we post changes to these Terms, we will revise the "last updated" date at the top of these Terms. Accordingly, you should periodically check the "last updated" date at the top of these Terms so that you can familiarize yourself with any changes.
17. Copyright Infringement.
As StudentDebtsConsolidation asks others to respect its intellectual property rights, it respects the intellectual property rights of others, and requires its users to do so. If you are a copyright owner or an agent thereof and believe that any third-party Content on the Sites infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C Â§ 512(c)(3) for further detail): (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on or available through our Sites are covered by a single notification, a representative list of such works at those locations; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit StudentDebtsConsolidation to locate the material; (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. StudentDebtsConsolidation's designated Copyright Agent to receive notifications of claimed infringement is Copyright Agent 3824 CEDAR SPRINGS RD #801-1423 DALLAS, TX 75219. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to StudentDebtsConsolidation's customer service. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. In the event that you believe StudentDebtsConsolidation removed any of your Content in response to a false notice of copyright infringement, you should notify StudentDebtsConsolidation promptly in writing pursuant to the DMCA, at the mailing address provided above. Such notification should include: (i) your physical or electronic signature; (ii) identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; (iii) a statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and (iv) your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the U.S. District Court for the California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. Furthermore, you should include a clear statement of your acceptance of process pertaining to the notifying party or the agent of the party as defined in DMCA Â§ 512(c)(1)(C). If a counter-notice is received by the Copyright Agent, StudentDebtsConsolidation may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the Content provider or user, the removed Content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole and absolute discretion. StudentDebtsConsolidation has a policy of terminating the account of, or denying access or use of the Site to, in its sole and absolute discretion, any user who repeatedly infringes the copyrights or other intellectual property rights of others.
18. Links to Third-Party Sites.
19. Your Record of These Terms.
We do not separately file the Terms entered into by each user of the Site. Please make a copy of these Terms for your records by printing and/or saving a downloaded copy of the Terms on your personal computer.