**PLEASE CAREFULLY READ THESE TERMS OF USE AND CONDITIONS BEFORE ENROLLING OR OTHERWISE USING THIS WEBSITE. This website (the “Website”) is owned and operated by DebtQuench and its affiliates (collectively “DebtQuench,” “us,” “we,” or “our”). These Terms of Use and any amendments or supplements to them, together with our Privacy Policy (collectively, the “Agreement”), form a legally binding agreement between you and DebtQuench. This Agreement governs your access to and use of any DebtQuench Website and any enrollment (collectively, “Your Use”).
Your use of the Website shall be deemed to constitute your consent to this Agreement and shall be enforceable in the same way as if you had signed this Agreement. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT USE THE WEBSITE.
DebtQuench is an aggregator of financial information and offers. We provide free information and content to consumers on financial products, including but not limited to debt consolidation, credit counseling, and financial management. We are not financial advisors. You are responsible for your financial decisions. We do not endorse or recommend the products or services of any Service Provider and are not an agent or advisor to you or any Service Provider.
THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION AGREEMENT, WHICH MEANS YOU AGREE TO SUBMIT ANY CLAIM (DEFINED IN SECTION 15) TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. IF YOU WANT TO OPT OUT OF THIS MANDATORY ARBITRATION AGREEMENT, SECTION 15 BELOW DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO. THE ARBITRATION AGREEMENT ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS YOU AGREE TO PROCEED WITH ANY CLAIM INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION.
1. Eligibility
To use the Website, you must be (a) 18 years or older and have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws; or (b) 13 years or older and have your parent or guardian’s consent to the Agreement. The Website is not intended for children under the age of 13, and no person under the age of 13 may use the Website. If you use the Website, you are affirming that you are at least 13 years old.
2. User-Generated Content
Subject to the limitations set forth herein, you may upload any photographs, comments, video clips, reviews, and other communications and content to the Website (“Your Content”). Unless we indicate otherwise, by posting or submitting Your Content to the Website, you grant DebtQuench a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content, and the name submitted in connection with such content, throughout the world in any media now known or hereafter conceived. DebtQuench and its affiliates are free to use any ideas, concepts, or know-how contained in Your Content for any purpose, including, but not limited to, developing, manufacturing, distributing, and marketing products using such information.
You represent and warrant that (a) you own or otherwise control all of the rights to Your Content; (b) that Your Content is accurate; (c) that use of Your Content does not violate this Agreement and will not cause injury to any person or entity; and (d) that you will indemnify DebtQuench for all claims relating to Your Content.
We will not be responsible or liable to you or any third party for the content or accuracy of Your Content. DebtQuench has the right, but not the obligation, to monitor and edit or remove any activity or content. DebtQuench takes no responsibility and assumes no liability for Your Content or any of Your Content posted by a third party.
3. User Conduct
You must only use the Website for lawful purposes, and you must not use it in a way that infringes the rights of anyone else or restricts or inhibits anyone else’s enjoyment of the Website. You may not do this without our prior written consent:
i. copy, reproduce, rent, lease, loan, or sell content retrieved from the Website;
ii. modify, distribute, or re-post any content on the Website for any purpose; or
iii. use the content of the Website for any commercial exploitation whatsoever.
In using the Website, you further agree:
i. not to disrupt or interfere with the security of, or otherwise abuse, the Website, or any services, system resources, accounts, servers, or networks connected to or accessible through the Website or an affiliated or linked Website;
ii. not to disrupt or interfere with any other user’s enjoyment of the Website or affiliated or linked Website;
iii. not to upload, post, or otherwise transmit through or on the Website any viruses or other harmful, disruptive, or destructive files;
iv. not to use, frame, or utilize framing techniques to enclose any DebtQuench trademark, logo, or other proprietary information (including the images found on the Website, the content of any text, or the layout/design of any page or form contained on a Website page) without DebtQuench’s express written consent;
v. not to reverse engineer or create derivative works based on the Website or any content (including, without limitation, any software) available through the Website.
vi. not to use meta tags or any other “hidden text” utilizing a DebtQuench name, trademark, or product name without DebtQuench’s express written consent;
vii. not to deep-link to the Website without DebtQuench’s express written consent;
viii. not to create or use a false identity on the Website, share your account information, or allow any person besides yourself to use your account to access the Website;
ix. not to collect or store personal data about others;
x. not to attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access;
xi. not to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or is otherwise in violation of any law. You further agree not to post any copyrighted material unless you own the copyright; and
xii. to comply with all applicable laws regarding your use of the Website.
4. Protection of Intellectual Property Rights and License
You acknowledge that content available through the Website, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors, or third-party advertisers (“Intellectual Property Rights”), is protected by copyright, trademarks, patents, or other proprietary rights and laws. You are hereby granted a non-exclusive, non-transferable, revocable, limited license to view, copy, and print content retrieved from the Website for the sole purpose of using or placing an order via the Website, provided that you do not remove or obscure the copyright notice or other notices displayed on the content. Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Website shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of DebtQuench’s or a third party’s Intellectual Property Rights. Any rights not expressly granted herein are reserved.
5. Disclaimer Regarding Information Provided on DebtQuench.com
THE INFORMATION, INCLUDING ADVICE AND RECOMMENDATIONS, PRESENTED ON DEBTQUENCH IS NOT INTENDED TO SERVE AS FINANCIAL ADVICE. IT SHOULD NOT BE USED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED FINANCIAL PROVIDER WHO IS FAMILIAR WITH YOUR INDIVIDUAL CIRCUMSTANCES.
DebtQuench AND ITS AGENTS DISCLAIM ANY RESPONSIBILITY FOR ANY CONSEQUENCES, WHETHER DIRECTLY OR INDIRECTLY, ARISING FROM ANY ACTION OR INACTION BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL FOUND ON DEBTQUENCH. WHILE WE STRIVE TO MAINTAIN THE ACCURACY, COMPLETENESS, AND TIMELINESS OF THE INFORMATION ON THE WEBSITE, WE CANNOT GUARANTEE AND WILL NOT BE LIABLE FOR ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON DEBTQUENCH.COM.
ANY QUIZZES AND QUIZ RESULTS PRESENTED ARE FOR ENTERTAINMENT PURPOSES ONLY. QUIZ RESULTS DO NOT PROVIDE FINANCIAL ADVICE AND ARE NOT INTENDED TO PROMOTE OR MARKET ANY SPECIFIC PRODUCT OR SERVICE.
6. Your Accountability for Financial Decisions
Through our Services, we and our affiliates may furnish a platform for accessing information. This platform allows you to discover third-party service providers, including but not limited to lenders, banks, financial institutions, credit card providers, mortgage brokers, insurance brokers, insurance agents, discount program representatives, and other insurance professionals (“Service Providers”). We want to emphasize that we do not endorse or recommend the products or services of any Service Provider, and we do not act as an agent or advisor for you or any Service Provider.
We do not undertake the validation or investigation of Service Providers’ licensing, certification, or other qualifications. It is incumbent upon you to conduct research on Service Providers. You expressly acknowledge and agree that Service Providers bear sole responsibility for any services they may offer to you, and we are not liable for any losses, costs, damages, or claims arising from, or connected to, your utilization of a Service Provider’s products or services.
We strongly advise you to seek the guidance of financial advisors, insurance agents, brokers, or other qualified professionals who possess a comprehensive understanding of your specific circumstances before making any financial or insurance decisions. You explicitly acknowledge and agree that your decisions regarding the selection of products or services offered by Service Providers are based on your judgment and the advice of such qualified professionals.
7. You Acknowledge and Agree that We are Not a Service Provider
We are not a financial institution, insurance provider, or service provider. Instead, through our Services, we may help connect you with Service Providers that might meet your needs based on your information. We do not, and will not, make any coverage or credit decision with any Service Provider referred to you. We do not issue mortgages, credit cards, insurance coverage, or other financial products.
8. No Guarantee of Quotes, Fees, Terms, Rates, Coverage, or Services
We do not make any warranties or representations regarding the quotes, fees, terms, rates, coverage, or services offered or made available by Service Providers. We do not guarantee that quotes, fees, terms, rates, coverage, or services provided by Service Providers are the best.
9. You Do Not Pay Fees to Us
Unless you are a Service Provider or order a specific service through our Services, we do not charge you a fee to use our Services. Service Providers may pay us fees for services and to be matched with users of our Services, however. We are not involved with and responsible for any fee arrangement you may enter into with any Service Provider. You acknowledge and agree to this compensation arrangement. You hereby release us any losses, costs, damages, or claims in connection with, arising from, or related to your use of a Service Provider’s products or services, including any fees charged by a Service Provider.
10. Disclaimer of Warranties Concerning Use of DebtQuench Website
THE DEBTQUENCH WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, DEBTQUENCH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DEBTQUENCH DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. DEBTQUENCH MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE DEBTQUENCH WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DEBTQUENCH OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
11. Links to Other Websites Not Controlled by DebtQuench
DebtQuench may include links to other websites and/or resources, including advertisers, over which DebtQuench has no control. These links are provided for user convenience and should not be interpreted as an endorsement by DebtQuench of the content, items, or services on those third-party websites. Your access, viewing, and use of such website links, including the content, articles, or services on those websites, are undertaken solely at your own risk. DebtQuench does not make representations or warranties regarding the content, ownership, or legality of any linked websites. You acknowledge that DebtQuench bears no responsibility or liability for the availability of such external websites or resources or the content, advertising, products, or other materials available through such websites or resources. Upon leaving the DebtQuench website via a link to another website, you are subject to the Privacy Policy and Terms of Use of the respective website.
12. Communications with DebtQuench
You confirm the accuracy of any contact information furnished to DebtQuench, encompassing, but not limited to, your mailing address, shipping address, email address, residential phone number, and mobile phone number. Additionally, you affirm that you are either the telephone subscriber or the rightful owner of any telephone numbers you disclose to DebtQuench.
By accepting this agreement, you grant consent to receive emails from or on behalf of DebtQuench, pertaining to this Agreement, any purchases or transactions with DebtQuench, matters concerning your account, and promotions related to DebtQuench products.
DebtQuench retains the right to acquire and contact you through email addresses, mailing or shipping addresses, and phone numbers provided by you directly or obtained through other lawful means, such as skip tracing.
13. Limitation of Liability for DebtQuench
YOU EXPLICITLY COMPREHEND AND AGREE THAT, UNDER NO CIRCUMSTANCES, WILL DEBTQUENCH, ITS SUPPLIERS, PARENTS, SUBSIDIARIES, REPRESENTATIVES, AFFILIATES, OR AGENTS BE HELD LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS ENCOMPASSES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS APPLIES IRRESPECTIVE OF HOW DAMAGES ARE INCURRED AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, ARISING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE DEBTQUENCH WEBSITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THE WEBSITE; OR (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR ITEMS.
14. Indemnification
You agree to indemnify and hold harmless DebtQuench, its directors, officers, employees, agents, co-branders, suppliers, subsidiaries, parents, and affiliates, from and against any liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys’ fees and costs of litigation resulting from or in any way connected with (i) your use of the Website; (ii) information you submit or transmit through the Website; (iii) privacy, tort or other claims (e.g., claims under the Federal Telephone Consumer Protection Act or its state law equivalent) relating to the provision of personal information (e.g., telephone number) to Crixeo that you do not own, in contravention of this Agreement; and/or (iv) your breach of this Agreement.
15. Pre-Dispute, Mandatory Binding Arbitration, and Class Action Waiver
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. YOU AGREE THAT ANY CLAIM YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH BINDING ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURTS, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST.
YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
Arbitration: In essence, arbitration serves as a means to resolve a Claim without resorting to legal proceedings. The term “Claim” encompasses any disagreement involving your account or the information you provide, whether it be between you, DebtQuench, or any relevant third party. Both you and DebtQuench commit to binding arbitration in the event of any Claims against each other. By opting for arbitration, you forfeit the right to pursue legal action and instead agree to resolve any Claims through binding arbitration. The terms and conditions of this arbitration agreement are delineated herein and are subject to the Federal Arbitration Act (the “FAA”), 9 U.S.C. Sections 1-16, as amended.
Exceptions to Binding Arbitration. As an exception to binding arbitration, you and DebtQuench both retain the right to pursue, in a small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis. DebtQuench will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court so long as the lawsuit is pending only in that court. Binding arbitration also does not apply to disputes concerning trade secret misappropriation, patent infringement, copyright infringement or misuse, or trademark infringement or dilution.
Mandatory Pre-Dispute Procedures. You acknowledge and agree that before initiating any Claim (subject to the exceptions above) against DebtQuench, you will first allow us to resolve your problem or dispute. This includes sending a written description of your problem or dispute to us, including, but not limited to, information or representations related to our products and upon which you rely. You may send the written description by U.S. Mail to DebtQuench. You agree to negotiate with DebtQuench in good faith about your problem or dispute. If your issue or dispute is not resolved within 60 days after DebtQuench’s receipt of your written argument, you agree to the dispute resolution provisions below.
Commencement of Arbitration. You and DebtQuench agree to commence any arbitration proceeding within 1 year after the Claim arises (including the mandatory pre-dispute procedures outlined above) and that any proceeding commenced after one year shall be barred.
Arbitration Location. For your convenience, the arbitration may be conducted in your federal district. It may be held by telephone or written submissions if you and DebtQuench agree.
Sponsoring Organization, Rules, and the Arbitrator. You agree that any Claims shall be resolved by submitting the dispute to final and binding confidential arbitration before a single arbitrator who is a retired judge or an experienced attorney with experience in the subject(s) of the Claim. The arbitrator shall be chosen from JAMS Comprehensive Arbitration Rules and Procedures, and the arbitration rules of the selected tribunal shall apply, which can be obtained by calling the selected tribunal.
The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms of Use and Conditions of Purchase and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or DebtQuench.
Arbitration Fees. DebtQuench shall cover all filing, administrative, and arbitrator fees for an arbitration initiated by either party. The parties shall bear additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.
Arbitration Award. The arbitrator shall adhere to substantive law and may order any relief if permitted by law. Individual relief, including injunctions and punitive damages, may be awarded by the arbitrator, as long as they are allowed by applicable law. Costs or fees may be awarded to a prevailing party by the arbitrator only if permitted by law. Although DebtQuench may have the right to award attorneys’ fees and expenses under certain laws if it prevails, DebtQuench agrees not to seek such an award unless the arbitrator deems your Claims to be frivolous. This provision shall not be construed to limit the arbitrator’s ability to award remedies provided by applicable law. Any award rendered shall include a written opinion and be final, subject to appeal under the FAA.
Enforceability. This provision remains effective after the termination of your account or relationship with DebtQuench, bankruptcy, assignment, or transfer. If the class action waiver is found unenforceable, rendering arbitration to proceed as a class or representative action, this entire arbitration provision becomes null and void and does not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions shall remain in full force and effect.
Miscellaneous. Failure or any delay in enforcing this arbitration provision in connection with any particular Claims will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims. This provision represents the entire arbitration agreement between you and DebtQuench and shall not be modified except in writing by DebtQuench.
Amendments. DebtQuench reserves the right to amend this arbitration provision at any time. Your continued use of any DebtQuench Website, purchase of a DebtQuench product, or use or attempted use of a DebtQuench product affirms your consent to such changes. If material changes are made to this arbitration provision, DebtQuench will provide notice and an opportunity to opt-out. Your continued use of any DebtQuench Website, purchase of a DebtQuench product, or use or attempted use of a DebtQuench product affirms your consent to such material changes.
YOU HAVE THE RIGHT TO OPT OUT OF THIS ARBITRATION PROVISION WITHIN 30 DAYS FROM THE DATE YOU FIRST ACCESSED THE SITE BY WRITING TO DEBTQUENCH, 12505 MEMORIAL DRIVE, HOUSTON, TEXAS 77024. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED AND DATED WRITTEN NOTICE THAT DETAILS SUCH OPT-OUT.
16. Termination of DebtQuench Website
You acknowledge that DebtQuench reserves the right, at its sole discretion and without prior notice, to terminate or suspend the operation of the Website or your access to it for any reason DebtQuench deems appropriate. You further acknowledge that DebtQuench shall not be held liable to you or any third party for the consequences of such termination or suspension. In the event of the termination of your access to the Website, you agree that the provisions of the Agreement related to the protection of intellectual property rights and license, indemnification, disclaimer regarding the information provided on the website, disclaimer of warranties concerning the use of the website, limitation of DebtQuench’s liability, and pre-dispute, mandatory binding arbitration, and class action waiver shall persist and survive such termination.
17. Remedies for DebtQuench
To prevent irreparable harm to DebtQuench in the event of any violation or anticipated violation of the terms of this Agreement by you, DebtQuench retains the right to seek an injunction and/or other equitable remedies to prevent such violation. This Agreement shall not be interpreted as limiting DebtQuench from pursuing any other remedies accessible for such violation or anticipated violation, including the pursuit of monetary damages from you.
18. Modifications to the Agreement
DebtQuench may make changes to these Terms of Use, from time to time, in its sole discretion, by updating this posting on the Website without notice to you. Your continued use of the Website following posting a new version of the Terms of Use constitutes your acceptance of any such changes. Accordingly, whenever you visit the Website, check to see if a new version has been posted.
19. Trademark Notices
DebtQuench is a trademark of DebtQuench. All other trademarks and service marks showcased on the website are the property of DebtQuench or their respective owners. Without prior written consent from DebtQuench, you may not utilize or display any trademarks or service marks owned by DebtQuench. Additionally, you may not use or display any other trademarks or service marks featured on the website without the permission of their respective owners.
20. Copyright Policy
We adhere to the federal Digital Millennium Copyright Act (DMCA) by addressing notices of alleged infringement that comply with the DMCA and other applicable laws. As part of our response, we may disable access to or remove material residing on our servers or website that is claimed to be infringing. In such cases, we will make a good-faith effort to contact the individual who submitted the affected material, allowing them to provide a counter-notification in accordance with the DMCA.
We do not have control over content hosted on third-party websites and lack the ability to remove content from websites not under our ownership or control. If you are the copyright owner of content hosted on a third-party website and have not authorized the use of your content, please contact the administrator of that website directly to request the removal of the content.
The following notice requirements are designed to meet our rights and obligations under the DMCA and section 512 (c) and should not be considered legal advice.
To file a notice of infringing material on DebtQuench.com, please submit a notification containing the following details:
- Sufficient details to identify the work claimed to be infringed (e.g., title, author, registration or tracking number, etc.);
- Adequate detail to identify and locate the material claimed to be infringing, including, at a minimum, the URL (i.e., a link to the page containing the material);
- Your contact information for us to reach out to you (e.g., address, telephone number, and email address);
- A statement asserting a good faith belief that the use of the material identified in (2) is not authorized by the copyright owner, its agent, or the law;
- A statement, under penalty of perjury, affirming the accuracy of the information in the notification and confirming authorization to act on behalf of the owner of the exclusive right alleged to be infringed;
- Your physical or electronic signature.
Send the notice to:
DebtQuench 1572 NE 27 st, Houston, Texas 77024
Email: info@DebtQuench.com
If material you posted on DebtQuench.com has been removed, you may file a counter-notification that includes the following details:
- Identification of the material removed or disabled and its location before removal or disabling;
- A statement, under penalty of perjury, expressing a good faith belief that the material was removed or disabled due to a mistake or misidentification;
- Your name, address, and telephone number;
- A statement consenting to the jurisdiction of the Federal District Court for the judicial district where your address is located or, if your address is outside the USA, for any judicial district where we may be found, and an acceptance of service of process from the person who submitted the notice, complying with section (c)(1)(C) of the DMCA, as generally described above;
- Your physical or electronic signature.
Send the notice to:
DebtQuench 1572 NE 27th st, Houston, Texas 77024
Email: info@DebtQuench.com
21. Experience Contributor Terms & Conditions
By using or visiting the Website or any of the Company’s other websites or the Website’s products, software, data feeds, or services, the party using this Website, contributing materials to this Website and contributing Content (defined herein) and other materials (“Contributor”) signifies and affirms his or her agreement to the undersigned terms and conditions. Contributor seeks to submit to Company written text, images, stories, scripts, graphics, photos, sounds, music, audiovisual combinations, interactive features, videos, software, data feeds, pictures, other media, and other materials which may be contributed (collectively, “Content”) and Company shall edit and modify the Content to create a story with the Content as well as other purposes. Company shall not owe any consideration to Contributor for the use or re-use of the Content at any time. Contributor at this moment grants to Company a perpetual, royalty-free, worldwide, non-terminable, modifiable license to use the Content and any portions thereof in any forum and for any reason including, without limitation, on the Website, any other websites owned directly or indirectly by Company or its affiliates or subsidiaries and in any medium, any advertisements, videos, television, online publications (“Permitted Use”). The Permitted Use granted to Company shall be assignable, and Company shall be entitled to sell, resell, license, and sublicense the Content to any party. In addition to the preceding, the Contributor hereby contributes the Contributor’s likeness and image and the likeness and images of any other parties featured in the Content to the Company in perpetuity through any of the Company’s or its affiliates, third parties or other parties’ media, magazines and videos uploaded to the Internet including, without limitation, any moral rights, trademarks, and copyrights in the Content. The Permitted Use is hereby granted to Company without any consideration due or owing from Company, including, without limitation, no royalties, commissions, or other compensation, and Contributor hereby waives any rights to seek any consideration and waives any rights of its minor children to seek consideration or payment for the use of the Content or components thereof in any manner. Contributor hereby agrees that Company shall be entitled to modify the Content or components thereof or use the Contents, sell, resell or sublicense any the Content and any components thereof in conjunction with other media, content, or videos whether for Company’s commercial use or otherwise without tendering to Contributor any consideration or compensation including, without limitation, any publishing, publicity, illustration, advertising or other web content. Content shall also contain any text, images, videos, pictures, and other media previously submitted to the Company by the Contributor.
Nothing in these Terms and Conditions shall be deemed to confer any third-party rights or benefits. Contributor acknowledges that the Content and any components thereof do not infringe on any other parties rights, including, without limitation, any intellectual property rights of any parties. Contributor shall not be permitted to use any content that is licensed to Company or its affiliates or belongs to Company, including, without limitation, any text, images, stories, videos, pictures or other media, technology, headcounts, capabilities, employees, data, trade secrets or additional Confidential Information (defined herein). Contributor acknowledges that he or she has consulted with counsel in the review of this Agreement. The Website may contain links to third-party websites not owned or controlled by Company, and Company has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites. In addition, Company will not and cannot censor or edit the content of any third-party site. By using the Website, Contributor expressly relieves Company from any liability arising from his o her use of any third-party website. Contributor agrees not to use the Content or any other Content modified by Company or provided on the Website and any other content provided on the Website for any of the following commercial uses: the sale of access to the Website, the sale of advertising, sponsorships, or promotions placed on or within the Website or the sale of advertising, support, or promotions on any page of an ad-enabled blog or website containing Content delivered through the Website or any other Content modified by Company or placed on the Website. Contributor agrees not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Website or the Content therein. Contributor understands that when using the Website, Contributor will be exposed to content from various sources and that Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. Contributor further understands and acknowledges that Contributor may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and Contributor agrees to waive, and hereby does waive, any legal or equitable rights or remedies Contributor has or may have against Company concerning it, and, to the extent permitted by applicable law. Contributor acknowledges that he or she uses the Website at Contributor’s own risk and assumes any liabilities arising from that place. The term of this Agreement shall be perpetual, and the license granted to Company shall be non-terminable. It shall survive the termination of this Agreement for any reason or cessation of the use of the Website by the Contributor. Contributor is not an employee, contractor, or affiliate of the Company and is not entitled to any stock, compensation, options, or any other compensation from Company. Contributor hereby affirms that Contributor is over the age of Eighteen. Contributor represents and warrants that he or she is not restricted or prohibited, contractually or otherwise, from entering into and performing this Agreement and that its execution and performance of this Agreement is not a violation or breach of any other agreement between Contributor and any other person or entity. The Website and any content contained therein are being provided without any warranty from Company. In no event shall Company be liable to the Contributor or Contributor’s representatives, family members, heirs, or beneficiaries for any incidental, consequential, special, exemplary, or punitive damages. The contributor also agrees that the Company’s entire liability to the Contributor and the Contributor’s heirs, family members, and beneficiaries for any cause of action under this Agreement, regardless of the form, shall, in the aggregate, be limited to One Hundred Dollars.
Contributor acknowledges that Company is engaged in a business that involves the use of Confidential Information (defined herein), trade secrets, and intellectual property and that Contributor will be given access to or may become acquainted with such Confidential Information, trade secrets, and intellectual property. During the Term and following termination of this Agreement for any reason with Company or expiration of this Agreement on a perpetual basis, Contributor shall not directly or indirectly publish, disseminate, use, disclose, divulge, communicate, use to the detriment of Company or for the benefit of any other person or persons, or misuse in any way, any Confidential Information (as from now on defined) about the business of Company. Any Confidential Information or data now or hereafter acquired by the Contributor concerning the Company’s business shall be deemed a valuable, memorable, and unique asset of the Company that the Contributor receives in confidence and as a fiduciary. For purposes of this Agreement, “Confidential Information” includes, without limitation, in addition to any materials or terms designated explicitly by Company as such and other information relating to it, the following: software, records or background information, trade secrets, Content, patents and trademarks, and customer and vendor lists. Contributor acknowledges that Company solely owns the Confidential Information. This Agreement shall inure to the benefit of and shall be binding upon the Parties hereto, their representatives, successors, heirs, and assigns. A contributor may not assign the Contributor’s rights or benefits or delegate any of the Contributor’s duties, hereunder. This Agreement constitutes the agreement between the Parties concerning the subject matter hereof. It supersedes all prior negotiations, letters, and understandings of the subject matter. This Agreement may not be amended, supplemented, or modified in whole or in part except by an instrument in writing signed by the Party or Parties against whom enforcement of any such amendment, supplement, or modification is sought. This Agreement will be interpreted, construed, and enforced by the laws of the State of DE without giving effect to applying the principles of conflicts of law. The Parties agree that this Agreement, and any controversies of any nature whatsoever arising under or relating to this Agreement, shall be subject to the exclusive jurisdiction and venue of the state courts located in DELAWARE and the Parties waive any right to contest the jurisdiction of these courts, including, without limitation, the defense of forum non-conveniens. Suppose either Party hereto commences litigation against the other Party to enforce such Party’s rights hereunder or defend its rights, except as otherwise set forth herein. In that case, the prevailing Party shall be entitled to recover from the non-prevailing Party all costs, expenses, and fees, including, without limitation, reasonable attorneys’ fees, paralegals’ fees, and legal assistants’ fees through a trial or other proceeding and all appeals.
22. Other Important Terms
DebtQuench reserves the right to assign, transfer, or subcontract any of its rights or obligations under these Terms of Use to any third party at its discretion. Your representations, warranties, and indemnification obligations will remain in effect even after the cancellation or termination of your account or relationship with DebtQuench. The delay by DebtQuench in exercising any right or remedy under these Terms of Use shall not be deemed a waiver of that right or remedy, nor shall it impact DebtQuench’s ability to exercise such right or remedy in the future. Any waiver by DebtQuench must be explicitly agreed upon in writing. These Terms of Use prevail over any prior terms published by us and any other representations or statements made by us to you, whether oral, written, or otherwise.