DebtClear

Debt relief family

TERMS AND CONDITIONS


Effective April 1, 2011

Welcome to www.debtclear.com (referred to as "DebtClear", "Company", "we," "us," or "our"). www.debtclear.com is part of Croix Industries, Ltd d/b/a DebtClear. Before you begin to use the www.debtclear.com website ("Website"), please take a moment to review these Terms and Conditions ("Agreement"). The Agreement describes the terms and conditions applicable to your use of the Website and the products and services provided through or in connection with the Website (collectively, "Service"). DebtClear may also offer other services that are governed by a different agreement.

You must read and agree with all of the terms and conditions contained in this Agreement and the DebtClear Website Privacy Policy then in effect ("Privacy Policy"), which is incorporated by reference, before you use the Service. By accessing the Website, you agree to abide by the Agreement and Privacy Policy. You further agree that your use of the Website, and any purchase or download of the book The DebtClear Roadmap: A Comprehensive Guide to Debt Relief, Credit Repair, Asset Protection and Creditor Lawsuits, is being done for your personal information and use, and not for resale or use directly or indirectly in competition with DebtClear. If you do not agree to be bound by the terms and conditions of this Agreement, you may not use or access the Website.

Description of Services

DebtClear provides educational information focusing specifically on the areas of Debt Relief, Credit Repair, Asset Protection, and Creditor Lawsuits. Educational information can be downloaded as an eBook or accessed via learning modules on the website. The website also contains a peer-to-peer forum, a blog and resource library. DebtClear also provides referrals to related 3rd-party products and services. A paper copy of the ebook offered on this Website (The DebtClear Roadmap: A Comprehensive Guide to Debt Relief, Credit Repair, Asset Protection and Creditor Lawsuits) can be purchased through Amazon.com and other major booksellers.

Eligibility

Use of the Service is limited to parties that lawfully can enter into and form contracts under applicable law. For example, minors are not allowed to use the Service. YOU AGREE THAT BY USING THE WEBSITE AND THE SERVICE YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.

Privacy

DebtClear respects your privacy. Any registration or other information you provide to DebtClear is subject to our Privacy Policy. See www.debtclear.com's privacy policy, located at www.debtclear.com/privacy for additional information regarding your privacy on this Website.

DebtClear Participates in the TRUSTe Privacy Program. The TRUSTe seal confirms that DebtClear is a licensee of the TRUSTe Privacy Program. TRUSTe is an independent organization that seeks to build users' trust and confidence in the Internet by promoting the use of fair information practices. DebtClear wants you to feel confident about your privacy when you use the Website so we utilize the services of TRUSTe to review our website to ensure compliance with its guidelines.

Please contact us if you have questions or concerns regarding our Privacy Policy.

Disclaimer

DebtClear is not a law firm. DebtClear is not a substitute for the advice of a licensed attorney. You should consult with an attorney licensed to practice law in the state where you reside should you have any questions.

DebtClear does not and is not permitted to practice law. DebtClear cannot give you legal advice and cannot represent you in court. DebtClear is prohibited from providing any kind of advice, explanation, opinion, or recommendation to a consumer about possible legal rights, remedies, defenses, options, selection of forms or strategies. Moreover, DebtClear does not provide investment or tax advice and you should consult with a licensed attorney or professional tax advisor with any questions you may have.

Communications with DebtClear will be treated as confidential, however, because DebtClear is not your attorney, any information provided is not protected under the attorney-client privilege. DebtClear will make every effort to protect sensitive personal data. See DebtClear's Privacy Policy. Regardless of whether or not DebtClear employs attorneys on staff, by utilizing the services of DebtClear, you agree that you are not creating an attorney-client relationship. No attorney-client relationship exists between DebtClear and you or any DebtClear user.

DebtClear provides visitors and customers a general understanding of the law. To that extent, the Website publishes general information on legal issues commonly encountered by users and visitors of the Website. You remain responsible for verifying any legal concepts and how they apply to your specific circumstances. Although DebtClear takes reasonable efforts to ensure its Website, information and documents are up-to-date, the information and documents it provides are not legal advice and are not guaranteed to be correct, complete or up-to-date. DebtClear cannot guarantee that all the information on the Website is complete or up-to-date because the laws in each state are constantly changing, and as the laws vary from state to state and remain subject to interpretation by the courts, and certain government regulating bodies.

You agree and understand that the law is unique in each circumstance and therefore no general information or legal document provided by DebtClear is guaranteed to meet the requirements of every individual circumstance.

Consumer Credit File Rights Under State and Federal Law

You have a right to dispute inaccurate information in your credit report by contacting the credit bureau directly. However, neither you nor any "credit repair" company or credit repair organization has the right to have accurate, current, and verifiable information removed from your credit report. The credit bureau must remove accurate, negative information from your report only if it is over 7 years old. Bankruptcy information can be reported for 10 years.

You have a right to obtain a copy of your credit report from a credit bureau. You may be charged a reasonable fee. There is no fee, however, if you have been turned down for credit, employment, insurance, or a rental dwelling because of information in your credit report within the preceding 60 days. The credit bureau must provide someone to help you interpret the information in your credit file. You are entitled to receive a free copy of your credit report if you are unemployed and intend to apply for employment in the next 60 days, if you are a recipient of public welfare assistance, or if you have reason to believe that there is inaccurate information in your credit report due to fraud.

You have a right to sue a credit repair organization that violates the Credit Repair Organization Act. This law prohibits deceptive practices by credit repair organizations.

You have the right to cancel your contract with any credit repair organization for any reason within 3 business days from the date you signed it.

Credit bureaus are required to follow reasonable procedures to ensure that the information they report is accurate. However, mistakes may occur.

You may, on your own, notify a credit bureau in writing that you dispute the accuracy of information in your credit file. The credit bureau must then reinvestigate and modify or remove inaccurate or incomplete information. The credit bureau may not charge any fee for this service. Any pertinent information and copies of all documents you have concerning an error should be given to the credit bureau.

If the credit bureau's reinvestigation does not resolve the dispute to your satisfaction, you may send a brief statement to the credit bureau, to be kept in your file, explaining why you think the record is inaccurate. The credit bureau must include a summary of your statement about disputed information with any report it issues about you.

The Federal Trade Commission regulates credit bureaus and credit repair organizations. For more information contact:

The Public Reference Branch
Federal Trade Commission
Washington, D.C. 20580

7-Day Free Trial

You may cancel your DebtClear forum membership within 7 days after you submit your membership activation request to DebtClear, subject to the following terms and conditions ("7-day risk-free trial"). The 7-day risk-free trial is available to first-time members only and entitles the first-time member to complete access to the DebtClear Forum. You must have a valid credit or debit card to participate (automatic ACH monthly debits may be allowed at DebtClear's sole discretion). At the expiration of the seventh day after you submit your forum membership activation request to DebtClear, DebtClear will begin to bill your credit or debit card $10 USD per month.

The above charges will be billed to your credit or debit card immediately upon the expiration of the 7-day risk-free trial unless you cancel prior to the end of the 7-day risk-free trial. Cancellations must be made by contacting DebtClear customer service at (800) 793-0603 x 3 or emailing cs@debtclear.com before the 7-day risk-free trial period expires. Your DebtClear membership will automatically be renewed each month on the credit or debit card used for initial payment. You may cancel your DebtClear membership at any time by contacting DebtClear customer service at (800) 793-0603 x 3 or emailing cs@debtclear.com. No refunds or credits will be provided for partial membership periods.

Our Right to Make Changes.

You agree that DebtClear may change this Agreement at any time without notice, except as otherwise provided herein. UNLESS EXPRESSLY PROHIBITED BY LAW, DEBTCLEAR MAY CHANGE PRICES, CHARGES AND ANY TERMS IN THE AGREEMENT AT ANY TIME. IF WE MATERIALLY MODIFY THIS AGREEMENT IN A WAY THAT IS MATERIALLY ADVERSE TO YOU, OR IF A CHANGE INCREASES YOUR MONTHLY RECURRING CHARGE(S), WE WILL PROVIDE YOU WITH AT LEAST 14 DAYS NOTICE AND YOU MAY TERMINATE YOUR MEMBERSHIP (WHICH IS YOUR ONLY REMEDY) BY NOTIFYING US WITHIN 14 DAYS AFTER YOU RECEIVE THE NOTICE. IF YOU FAIL TO TERMINATE WITHIN THOSE 14 DAYS, YOU ACCEPT THE CHANGES.

Limited Money Back Guarantee

DebtClear is so confident in its educational materials that it will provide those who purchase the book, audio book or home-study course of The DebtClear Roadmap: A Comprehensive Guide to Debt Relief, Credit Repair, Asset Protection and Creditor Lawsuits a 500% limited money back guarantee subject to the following terms and limitations.

If you follow the DebtClear methods identified in The DebtClear Roadmap: A Comprehensive Guide to Debt Relief, Credit Repair, Asset Protection and Creditor Lawsuits from start to finish, we guarantee that you will pay less than twenty (20) cents on the dollar to settle your qualifying unsecured debt or we will refund 500% of the purchase price of the book. To be eligible for this refund, you must demonstrate that you followed the DebtClear methods identified in The DebtClear Roadmap: A Comprehensive Guide to Debt Relief, Credit Repair, Asset Protection and Creditor Lawsuits from start to finish by meeting ALL of the following requirements:

  1. All of your unsecured debts must be no less than 90 days in default and still with the original creditor at the time of purchase.
  2. You must provide us with copies of the credit reports you obtained by you within seven (7) business days of purchasing your book from all three (3) major credit reporting agencies;
  3. You must provide us with a copies of your current credit reports from all three (3) major credit reporting agencies obtained by you within thirty (30) days of making your claim against this money back guarantee;
  4. You must respond to all initial debt collection letters (or their verbal equivalent) within 30 days with a request for verification and validation of the alleged debt amount and a statement of dispute as to the outstanding balance identified, if such dispute is accurate. You must provide us with copies of these initial debt collection letters and copies of your timely letters in response, including copies of certified mailing and return receipts.
  5. You must provide us with proof of maintaining a creditor call log.
  6. You must provide us with proof that no unsecured debts have been settled before a lawsuit has been filed by your unsecured creditor(s) seeking collection of such debt before settlement;
  7. You must provide us with a copy of any lawsuit(s) filed against you by your unsecured creditor(s);
  8. The statue of limitations must have expired on the unsecured debt you are claiming against this limited money back guarantee.
  9. You must provide us with a copy of your purchase receipt.

Registration / Member Account and Password

You will be required to register for an account in order to take advantage of certain member-only features of the Website. By purchasing a DebtClear membership, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Website, and (b) as permitted, maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information to DebtClear that is false, inaccurate, outdated or incomplete, or DebtClear has reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, DebtClear has the right to suspend or terminate your account and to prohibit any and all current or future use of the membership services (or any portion thereof) by you. If you become a member of DebtClear, you will be provided with a username and password upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify DebtClear of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. DebtClear cannot and will not be liable for any loss or damage arising from your failure to comply with this section. You accept full responsibility for all activities that occur within such account or within the DebtClear interactive community.

Contents and Linking

All material that appears on the Website is for general informational purposes only. While we try to ensure that any information we post to the Website is both timely and accurate, errors may appear from time to time. The Website may not be updated daily, and certain information may not be the most current information available. Though we may post follow-up information, and may continue to provide access to the original information, as in an archive of an instructional video, for example, we may not go back and change the original video to reflect new developments. You should independently confirm any facts that are important to your decision with an attorney licensed to practice law in your state.

DebtClear may also provide referrals to non-DebtClear websites and resources. DebtClear is not responsible for and makes no representations, warranties, or other commitments whatsoever about any non-DebtClear websites or third-party resources that may be referenced, accessible from, or linked to the Website. A link to a non-DebtClear website does not mean that DebtClear endorses the content or use of such website or its owner. In addition, DebtClear is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from the Website. Accordingly, you acknowledge and agree that DebtClear is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, services, products, or other materials on or available from those sites or resources.

When you access a non-DebtClear website, even one that may contain the DebtClear logo or other Company Marks, you understand that it is independent from DebtClear, and that DebtClear does not control the content on that website. It is up to you to take precautions to protect yourself from viruses, worms, trojan horses, and other potentially destructive programs, and to protect your information as you deem appropriate.

Although we make this Website freely accessible, we don't intend to give up our rights, or anyone else's rights, to the materials appearing on the Website. The materials available through this Website are the property of DebtClear or its licensors, and are protected by copyright, trademark and other intellectual property laws. Except for the limited licenses expressly granted to you in this agreement, DebtClear and its licensors expressly reserve all other rights and licenses. You are free to display and print for your personal, non-commercial use information you receive through the Website, but you may not otherwise copy, reproduce, modify, republish, download, upload, post, display, transmit or distribute any of the materials without the prior written consent of their owner. You may not distribute copies of materials found on the Website in any form (including by e-mail or other electronic means), without prior written permission from their owner. Of course, you are free to encourage others to access the information themselves on the Website and to tell them how to find it. Requests for permission to copy, reproduce, modify, republish, download, upload, post, display, transmit or distribute materials found on the Website should be sent to DebtClear, 1414 12th Ave, Ste. 510, Seattle, WA 98122.

We welcome links to the homepage of the Website as well as other general pages of the Website, including the tip and advice center, member forum and blog. You are free to establish a hypertext link to the homepage of this Website so long as the link does not state or imply any affiliation, connection, sponsorship, or approval of your site by DebtClear. We do not permit framing or inline linking to our Website or any portion of it.

Trademark & Patent Information

DebtClear and its trademarks and service marks, logos and product and service names and phrases which DebtClear now claims or may claim in the future are trademarks of DebtClear (the "Company marks"). You agree not to display or use the Company marks in any manner, without DebtClear's prior written permission.

Violations

You should report any violations of the Agreement to cs@debtclear.com.

Use of DebtClear's Legal Forms

On the Website and through certain partners, we offer self-help "fill in the blank" forms. If you use a form from one of our partners, you will be directed to that partner's website and their terms of use will control with respect to your use of such forms. If you use a form on the Website, the terms and conditions of this Agreement control. You understand that your use of a form document is neither legal advice nor the practice of law (see "Disclaimer" above for additional information), and that each form and any applicable instructions or guidance is not customized to your particular circumstance.

License to Use DebtClear's Legal Forms

DebtClear grants you a limited, personal, non-exclusive, non-transferable license to use its legal forms ("DebtClear's Forms") for your own personal use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of DebtClear's Forms in any manner, except for modifications in filling out DebtClear's Forms for your authorized use.

Resale Prohibition

You agree that the DebtClear Forms may only be used by you for your personal use only and may not be sold or redistributed without the express written consent of DebtClear. You agree not to reproduce, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service unless expressly permitted in writing by DebtClear.

Submissions and Postings / Disclosure

You are solely responsible for any information that you submit or post on the Website. By using the Website you agree not to submit, post or transmit any defamatory, abusive, obscene, threatening or illegal material, or any other material that infringes on the ability of others to enjoy the Website or that infringes on the rights of others. We retain the right to deny access to anyone who we believe has violated these terms or any other term of this Agreement.

We reserve the right (but assume no obligation) to monitor, delete, move, or edit any submissions or postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons in our sole discretion. We will comply with requirements of the law regarding disclosure of any submissions or postings on the Website to others, including to law enforcement agencies and parties making civil legal requests. We will also comply with any other requirements of the law regarding disclosure of other aspects of your use of this Website.

Interactive Community

Through the DebtClear Forum and Blog, users can communicate with each other directly, or post information and other material that will be visible to other users ("Interactive Community").

Interactive Community services may be used only for lawful purposes in accordance with this Agreement. If you are using any DebtClear Interactive Community services, and post, publish or communicate any information, data, software, photographs, graphs, videos, typefaces, graphics, sounds, and other material on through the Interactive Community services, please choose carefully the information that you post and/or provide to other members ("User Created Content"). You are prohibited from posting on or transmitting through the DebtClear Website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law. DebtClear reserves the right, in its sole discretion, to reject, refuse to post or remove any posting or other User Created Content (including private messages) by you, or to deny, restrict, suspend, or terminate access to all or any part of the Interactive Community services at any time, for any or no reason, with or without prior notice or explanation, and without liability.

DebtClear reserves the right, in its sole discretion, to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Interactive Community services for any reason.

If you become aware of misuse of the Interactive Community services, including any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violates any applicable law, please activate the Flag feature on the page in question.

Notwithstanding the foregoing, DebtClear assumes no responsibility for ongoing monitoring of the DebtClear Website or for removal or editing of any Member Created Content, even after receiving notice. DebtClear assumes no liability for any action or inaction with respect to conduct, communication, or User Created Content within the Interactive Community.

You may not post User Created Content that: involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; contains restricted or password only access pages or hidden page or images (those not linked to or from another accessible page); solicits passwords or personal identifying information for commercial or unlawful purposes from other members; involves commercial activities and/or sales such as contests, sweepstakes, barter, advertising, or pyramid schemes; includes a photograph or video of another person that you have posted without that person's consent; circumvents or modifies, or attempts to circumvent or modify, or encourages or assists any other person in circumventing or modifying any security technology or software that is part of the DebtClear Website; involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network; involves any automated use of the DebtClear Website, such as, but not limited to, using scripts to send comments or messages; interferes with, disrupts, or creates an undue burden on the DebtClear Website or the networks or services connected to the Interactive Community services; impersonates or attempts to impersonate another Interactive Community Member, person or entity; uses the account, username, or password of another Interactive Community Member at any time or discloses your password to any third party or permits any third party to access your account; sells or otherwise transfers your profile; uses any information obtained from the DebtClear Website in order to harass, abuse, or harm another person or entity, or attempting to do the same.

By submitting Member Created Content within the Interactive Community, Interactive Community Members automatically grant, or represent and warrant that the owner or authorized licensor of such Member Created Content has expressly granted DebtClear, the royalty-free, perpetual, irrevocable, right and license to use, reproduce, publish, translate, sublicense, copy, modify, delete, enhance and distribute the Member Created Content in whole or in part worldwide and/or to incorporate such Member Created Content in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Member Created Content. Subject to this grant, the licensor of Member Created Content submitted to DebtClear retains any and all rights which may exist in such Member Created Content.

Termination

DebtClear reserves the right, in its sole discretion, to terminate this Agreement or your access to the Interactive Community at any time with or without cause. Upon termination, you agree to cease all use of the Website. Without limiting the foregoing, DebtClear shall have the right to immediately terminate your access and use of the Website, or any portion of the Website, in the event of any conduct by you or through your account which DebtClear, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. The following sections of this Agreement shall survive any termination of this agreement: Disclaimer, Trademark and Patent Information, Resale Prohibition, Termination, Indemnification, Disclaimer of Warranties, Limitations of Liability, Enforceability of Agreement, Complaint Resolution, Arbitration, Waiver of Right to Participate in Class Actions and Waiver of Jury Trial, Governing Law, and Notice.

Indemnification

You agree to indemnify, defend, and hold harmless DebtClear (including its parents, subsidiaries, and affiliates and all of their respective officers, directors, employees, agents, licensors, suppliers and any third-party information providers) against all claims, causes of action, demands, losses, expenses, damages, penalties or other costs (including but not limited to reasonable attorney fees) arising out of use of the Website or The DebtClear Roadmap: A Comprehensive Guide to Debt Relief, Credit Repair, Asset Protection and Creditor Lawsuits, or breach of the Agreement, or violation of any laws or regulations or the rights of any third party by you or any person using your account or that you allow to use your Service. At our expense and election, we reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you and you agree to cooperate with DebtClear in connection with our defense.

Disclaimer of Warranties

THIS WEBSITE IS PROVIDED TO YOU "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE" WITHOUT WARRANTIES OR COVENANTS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE OPERATION OF THE WEBSITE, ANY MATERIALS INCLUDED ON, DOWNLOADABLE FROM OR OTHERWISE ACCESSIBLE VIA THE WEBSITE, OR ANY SERVICES OR PRODUCTS AVAILABLE FOR PURCHASE VIA THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, RELIABILITY, AND NON-INFRINGEMENT.

FURTHER, DEBTCLEAR AND ITS AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, USEFULNESS, TIMELINESS, NONINFRINGEMENT OF THE INFORMATION OR SERVICES AVAILABLE THROUGH THE WEBSITE, NOR DO THEY GUARANTEE THAT THE WEBSITE WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DEBTCLEAR DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU MAY NOT RELY ON ANY SUCH STATEMENT OF WARRANTY.

Waiver and Limitations of Liability

YOU AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE WEBSITE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE INTERRUPTIONS, DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THIS WEBSITE OR ANY MATERIAL AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THIS WEBSITE.

UNLESS PROHIBITED BY LAW, WE EACH AGREE TO LIMIT CLAIMS FOR DAMAGES OR OTHER MONETARY RELIEF AGAINST EACH OTHER TO DIRECT AND ACTUAL DAMAGES. THIS LIMITATION AND WAIVER WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, PRODUCTS LIABILITY, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES, LIABILITY AS A RESULT OF JUDGMENTS, LIENS, GARNISHMENTS, AND NEGATIVE EFFECTS ON YOUR CREDIT AND CREDIT REPORT, OR ANY OTHER THEORY. THIS MEANS THAT NEITHER OF US WILL SEEK FROM THE OTHER ANY INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE, OR PUNITIVE DAMAGES. THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIMS YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT WE WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM. OUR LIABILITY FOR MONETARY DAMAGES FOR ANY CLAIMS YOU MAY HAVE AGAINST US IS LIMITED TO THE GREATER OF (i) A REFUND OF ANY AMOUNTS YOU PAID US, OR (ii) $5.00. YOU AGREE WE ARE NOT LIABLE FOR PROBLEMS CAUSED BY YOU OR A THIRD PARTY. EXCEPT TO THE EXTENT PROHIBITED BY LAW, ALL CLAIMS MUST BE BROUGHT WITHIN 2 YEARS FO THE DATE THE CLAIM ARISES.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In such states, DebtClear's liability is limited to the greatest extent permitted by law.

Enforceability of Agreement

This Agreement comprises the entire agreement and understanding of you and DebtClear regarding the Website and Service, and supersedes all other representations, whether electronic written, or verbal, regarding the subject matter. If the Agreement is inconsistent with any other agreement between you and DebtClear, the provisions of the Agreement control unless DebtClear has expressly stated or agreed otherwise in writing. If a Court determines, in a final non-appealable judgment, that any provision of this Agreement is invalid, illegal, or otherwise unenforceable, such provision will be deleted and the remainder of the Agreement shall be enforced as nearly as possible in accordance with the stated intention of the parties, except to the extent otherwise provided in the section of the Agreement labeled Arbitration, below. A waiver of any part of the Agreement in one instance is not a waiver of any other part or instance and must be expressly made in writing. If we do not enforce our rights under any term of this Agreement, we may still require strict compliance in the future. You may not assign the Agreement or any of your rights or duties under it without our written consent. We may assign all or part of the Agreement without notice.

Waiver of Right to Participate in a Class Actions and Waiver of Jury Trial

YOU AND DEBTCLEAR AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION, NOR SHALL EITHER OF US BE A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR PROCEEDING.

If you timely opt out of the arbitration provision as described above, the waiver of the right to participate in a class action will not apply to you. If you do not timely opt out of the arbitration provision as set forth above, you waive your right to participate in a class action, and you cannot be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding. Some states do not enforce prohibitions on class actions or proceedings. If a court finds this clause to be unenforceable, then the agreement to arbitrate shall be unenforceable as to you.

Whether a claim proceeds in court or in arbitration, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

Governing Law

This Agreement and any disputes arising between us related in any way to the Website, this Agreement or our Service, including but not limited to disputes over, service, privacy, advertising, or DebtClear's communications with you, whether based on contract, tort, statute, or common law, will be governed by the laws of the State of Washington, without regard to choice of law principles. Foreign laws do not apply. These Terms of Use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site.

Special Admonitions for International Use

Recognizing the global nature of the Internet, if you use our Website from locations outside of the United States, you agree and are responsible for compliance with any applicable local laws. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Electronic Signature & Communication

You agree, unless specifically requested otherwise, that by entering into transactions with DebtClear, you affirm consent to receive, in an electronic format, all information, copies of agreements and correspondence from DebtClear and to also send information in an electronic format unless previously agreed upon in writing with DebtClear. You consent and agree that DebtClear may provide all disclosures, periodic statements, notices, receipts, modifications, amendments, and all other evidence of transactions electronically. All electronic communications will be deemed to be valid and authentic, and you intend and agree that those electronic communications will be given the same legal affect as written and signed paper communications. You have a right to receive a paper copy of any of these electronic records if applicable law specifically requires us to provide such documentation. Your consent may be withdrawn at anytime upon DebtClear's receipt of such withdrawal. Withdrawal of consent will slow the speed at which we can complete certain steps in transactions with you and delivering services to you. To inform us that you either withdraw your consent to receive future notices and disclosures in electronic format, would like to receive paper copies, or to update your information you may: send and e-mail to: cs@debtclear.com, call us at: (800) 793-0603 or send a letter to the following address: DebtClear, 1414 12th Ave #510, Seattle, WA 98122. You acknowledge and agree that the Internet is considered inherently insecure. Therefore, you agree that DebtClear has no liability to you whatsoever for any loss, claim, or damages arising or in any way related to DebtClear's responses to any electronic communication, upon which DebtClear has in good faith relied. At all times, you maintain the sole obligation to insure you can receive DebtClear's electronic communications, and access them on a regular and diligent basis. In order to access, view, and retain electronic communications, you must have the following: Operating Systems: Windows® 2000, Windows® XP, Windows Vista®; or Mac OS® X; Browsers: Final release versions of Internet Explorer® 6.0 or above (Windows only); Mozilla Firefox 2.0 or above (Windows and Mac); or SafariTM 3.0 or above (Mac only). You must also have: (i) Sufficient hardware and software capable of accessing www.debtclear.com; (ii) Sufficient electronic storage capacity on the computer's hard drive or other data storage unit; (iii) Adobe(R) Acrobat(R) Reader(R) 4.0 or higher; (iv) An e-mail account with an Internet service provider and e-mail software in order to receive DebtClear's electronic communications; and (v) a personal computer, operating system and telecommunications connections to the internet capable of receiving, accessing, displaying, and either printing or storing, communications received in electronic form via a plain text-formatted e-mail or by access to our Website using one of the browsers specified above.

Notice

You agree that DebtClear may submit any notices to you via either e-mail or regular mail. The Service may also provide notices by displaying notices or links to notices to you generally on the Service, which notice you also agree DebtClear may submit to you via e-mail or regular mail. You further agree and expressly consent to be contacted by or on behalf of DebtClear by automatic telephone dialing system and/or an artificial or prerecorded voice at any telephone number, whether business, residential, cellular, or telephone facsimile machine number, that you at any time provide to DebtClear as a contact number for you.

Digital Millennium Copyright Act ("DMCA") Notice

If you believe that material available on our Website or through our Service infringes the copyright of any third party, notify us by sending an email to cs@debtclear.com. After receiving notice, we may remove or disable access to any infringing material as provided for in the DMCA.

Feedback

We invite you to send in your questions or comments about this Website, or to bring to our attention any material you believe to be inaccurate. You may provide general feedback by emailing us at cs@debtclear.com.

PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.