Terms & Conditions of Use

Effective Date: September 30, 2018

The following terms and conditions constitute an agreement between you and Debt MD, LLC. (“Debt MD”, “we”, “our”, or “us”), the operator of www.DebtMD.com (the “Site”) in which these Terms of Use are posted or referenced. These terms of use (the “Terms of Use”), together with our Privacy Policy (collectively, “Agreement”) govern your use of the Site. You must agree to and accept all of the terms of this Agreement, or you don’t have the right to use the Site.

BY USING OR OTHERWISE ACCESSING THE SITE, YOU AGREE TO THE TERMS OF THIS AGREEMENT, INCLUDING THE INFORMATION PRACTICES DISCLOSED IN OUR PRIVACY POLICY. IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU CANNOT USE THE SERVICES.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS OR COLLECTIVE ACTION LAWSUIT, OR CLASS OR COLLECTIVE ARBITRATION.

Please note that we offer the Site “AS IS” and without warranties. If you create an account or use the Site on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept this Agreement on such individual’s or entity’s behalf.

1. ABOUT THE SITE

Portions of the Site can be viewed without providing Debt MD any basic information about yourself. To benefit from all we offer in the Site, you can provide certain basic information about yourself, which you authorize Debt MD to use and disclose as described in our Privacy Policy.

2. IMPORTANT INFORMATION ABOUT DEBT SOLUTION PROVIDER RELATIONSHIPS AND DEBT SOLUTION PROVIDER LISTS

In connection with using the Site to find and connect with Debt Solution Providers, you understand that:

YOU ARE RESPONSIBLE FOR CHOOSING YOUR OWN DEBT SOLUTION PROVIDER, INCLUDING WITHOUT LIMITATION, DETERMINING WHETHER THE APPLICABLE DEBT SOLUTION PROVIDER IS SUITABLE FOR YOUR FINANCIAL NEEDS BASED ON SPECIALTY, EXPERIENCE, QUALIFICATION, LICENSES AND OTHER IMPORTANT FACTS AND CIRCUMSTANCES THAT COULD IMPACT YOUR DECISION.

Debt MD or its designee takes certain limited steps to verify that Debt Solution Providers participating in the Site hold certain active licenses, certifications or registrations required by law to practice the specialties of the services offered by them through the Site. Debt MD may also exclude Debt Solution Providers from our Site who, in Debt MD’s discretion, have engaged in inappropriate or unprofessional conduct.

Some Debt Solution Providers listed through the Site enter into contracts with us, and may pay us a fee in order to be marketed through or to use the Site. To help you find Debt Solution Providers who may be suitable for your needs, and enable the maximum choice and diversity of Debt Solution Providers participating in the Site, we will provide you with lists and/or profiles of Debt Solution Providers. These results are based on information that you provide to us, such as credit score, annual income, and total debt owed. They may also be based on other criteria (including, for example, Debt Solution Provider availability, past selections by and/or ratings of Debt Solution Providers by you or by other Debt MD users, and past experience of Debt MD users with Debt Solution Providers). Note that Debt MD (a) does not recommend or endorse any Debt Solution Providers, (b) does not make any representations or warranties with respect to these Debt Solution Providers or the quality of the debt services they may provide, and (c) does not receive any additional fees from Debt Solution Providers for featuring them (i.e., higher or better placement on lists) through the Site (subject to Sponsored Results as described below). We may show you advertisements or sponsored results (“Sponsored Results”) on the Site, including above the search results. Debt MD receives additional fees from Debt Solution Providers for providing Sponsored Results. Sponsored Results shown through the Site are not, and should not be considered, an endorsement or recommendation by Debt MD of the Debt Solution Provider.

3. THE SITE AND CONTENT ARE INFORMATIONAL AND EDUCATIONAL RESOURCES

The Site is an informational and educational resource for consumers and Debt Solution Providers. We may, but have no obligation to, publish Content through the Site that is reviewed by our editorial personnel. No party (including Debt MD) involved in the preparation or publication of such works guarantee that the Content is timely, accurate or complete, and they will not be responsible or liable for any errors or omissions in, or for the results obtained from the use of, such Content.

Debt Solution Provider Content:

Debt Solution Provider Content is intended for general reference purposes only. Debt Solution Provider Content may be provided by the Debt Solution Provider and/or office staff, and collected from multiple other data sources that may not be confirmed by the Debt Solution Provider. Such Content can change frequently and may become out of date, incomplete or inaccurate. Neither the Site nor Debt MD provides any advice or qualification certification about any particular Debt Solution Provider.

Financial Content:

Financial and debt related Content (“Financial Content”) is intended for general reference purposes and for your convenience only. Such Financial Content may be based on Personal Information (as defined below) you provide to us as well as Debt Solution Provider Content. The Financial Content may be provided either directly by the debt solution provider you identify or via a third-party clearinghouse. Financial Content can change frequently and may become out of date, incomplete or inaccurate. Although Debt MD strives to provide you with accurate Financial Content, we are not responsible for any inaccurate, incomplete or outdated Financial Content.

4. YOUR PERSONAL INFORMATION

Protecting your privacy and keeping your information secure are among our biggest priorities. Our Privacy Policy details how we may use, share, and maintain the information that you voluntarily share with Debt MD, which may include, without limitation, your name, address, contact information, income information, credit score, financial information, and other personally identifiable information (collectively, “Personal Information”).

By providing us with your email address through the Smart Debt Analyzer or any other field on the site, you agree to receive newsletters, promotional materials, or other relevant content.

5. YOUR RESPONSIBILITIES

5.1 Your General Responsibilities

The Site is free, but you are still responsible for your debt solution expenses. Usual, customary and any other charges for any debt or related services rendered by Debt Solution Providers will apply and will be entirely your responsibility. You are responsible for ensuring that all information that you provide to Debt MD is accurate. Ultimately, you must resolve any dispute between you or any Debt Solution Provider arising from any transaction hereunder directly with the Debt Solution Provider.

You are responsible for all use of the Site. You may only use the Site for lawful, non-commercial purposes. You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to any of the Site, computer systems, or networks, through hacking, password mining or any other means. You may not accumulate or index, directly or indirectly, any Content or portion of the Site (including, without limitation, Debt Solution Provider Content, and Financial Content) for any purpose whatsoever.

5.2 Responsibilities of Debt Solution Providers and Others in the Financial Industry

If you are a Debt Solution Provider or other person or entity in the financial industry, regardless of whether you maintain a relationship with Debt MD through the Site, you acknowledge and agree that you will not use the Site, directly or indirectly, to engage in any anti-competitive, deceptive or unfair practices, or otherwise violate applicable antitrust, competition or consumer protection laws, or regulations.

6. CHANGES TO THE SITE AND NEW SERVICES

We may from time to time add new features to the Site, substitute a new service for one of the existing services, or discontinue or suspend one of the existing services. Under no circumstances will Debt MD be liable for any suspension or discontinuation of any of the services or portion thereof, and the use of new services will be governed by this Agreement.

7. LINKS TO OTHER WEBSITES

While using the Site, you may encounter links to other websites. These links are provided for your convenience only and we do not endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other websites. Although we attempt to link to trustworthy websites, it is possible that they will contain materials that are objectionable, unlawful, or inaccurate and we will not be responsible or liable for the legality or decency of material contained in or accessed through such other websites.

8. CONTENT YOU POST OR SUBMIT

You may have the opportunity to submit feedback regarding your experiences with Debt Solution Providers you find through the Site, to submit inquiries concerning possible financial needs and to participate in the other interactive or community features of the Site (collectively, “Posted Information”). It is important that you act responsibly when providing Posted Information.

Debt MD reserves the right to investigate and, at our discretion, remove any offending communication from the Site and blocking your use of the Site. By posting Posted Information through the Site, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, to Debt MD an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Information and to adapt, edit, translate, prepare derivative works of, or incorporate into other works, such Posted Information.

9. YOUR USE OF CONTENT

All of the Content is owned by us and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Site and any underlying technology or software used in connection with the Site contain Debt MD’s proprietary information. We give you permission to use the Content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Site. You may print, download, and store information from the Site for your own convenience, but you may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the Content, or exploit the Site in whole or in part, for any commercial gain or purpose whatsoever. Except as expressly provided herein, neither Debt MD nor its suppliers grant you any express or implied rights, and all rights in the Site not expressly granted by Debt MD to you are retained by Debt MD.

10. DISCLAIMER

The materials on the Site are provided "as is". Debt MD makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Debt MD may be compensated by its partners when a user is referred to them. Further, Debt MD does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site. Debt MD does not share or sell any data it collects from its users with any third parties. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Site. We have no special relationship with or fiduciary duty to you.  

11. GENERAL LIMITATION OF LIABILITY

IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SITE AND/OR THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR FINANCIAL MALPRACTICE OR NEGLIGENCE OF DEBT SOLUTION PROVIDERS UTILIZED THROUGH USE OF THE SERVICES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED IN ACCORDANCE HEREIN TO THE MAXIMUM EXTENT PERMITTED BY LAW.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO 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.”

12. INDEMNIFICATION

Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent and other affiliates, from all liabilities, claims, demands and expenses, including attorney’s fees, that arise from or are related to (a) your use of the Site and/or Services, or (b) the violation of this Agreement, or of any intellectual property or other right of any person or entity, by you. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.

13. MISCELLANEOUS

13.1 Electronic Contracting

Your affirmative act of using the Site constitutes your electronic signature to this Agreement, which includes our Terms of Use and Privacy Policy, and your consent to enter into such agreements with us electronically.

13.2 Changes to These Terms of Use

We may change these Terms of Use and the other documents that are part of the Agreement at any time, as we reasonably deem appropriate. Upon any such change, we will post the amended terms on the Site; we may also attempt to notify you in some other way. Your continued use of the Site and/or the Services following such posting shall constitute your affirmative acknowledgement of the Terms of Use or other applicable Agreement document, the modification, and agreement to abide and be bound by the Terms of Use or other applicable Agreement document, as amended. We encourage you to periodically review these Terms of Use and the Agreement. IF AT ANY TIME YOU CHOOSE NOT TO ACCEPT THESE TERMS OF USE OR THE AGREEMENT, INCLUDING FOLLOWING ANY SUCH MODIFICATIONS HERETO, THEN YOU MUST STOP USING THE SITE AND THE SERVICES.

13.3 Limitation of Claims

No action arising under or in connection with this Agreement, regardless of the form, may be brought by you more than one (1) year after the cause of action arose; actions brought thereafter are forever barred.

13.4 Severability

In the event any one or more of the provisions of this Agreement shall for any reason be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired. Further, the invalid, illegal or unenforceable provision shall be replaced by a provision that comes closest to the intention of the parties that underlie the invalid, illegal or unenforceable provision, except to the extent no such provision is valid, legal and enforceable, in which case such invalid, illegal or unenforceable provision shall be limited or eliminated to the minimum extent necessary so that the other provisions of this Agreement remain in full force and effect and enforceable.

13.5 Eligibility

You must be 18 years of age or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to use the Site and the Services. If you are between the ages of 13 and 18 or the applicable legal age in your jurisdiction, you can use the Site or Services only under the supervision of your parent or guardian who has agreed to these Terms of Use. Those under the age of 13 may not use the Site or Services. If you do not qualify under these Terms of Use, do not use the Site or Services. The Site is administered in the U.S. and intended for U.S. users only; any use outside of the U.S. or use related to activities outside of the U.S. is prohibited and at the user’s own risk. Users are responsible for compliance with any local, state or federal laws applicable to their use of the Site.