Terms of Use Agreement
Rescue Debt Solutions LLC an Arizona corporation (“Rescue Debt Solutions”), owns and operates the Web site located at the URL www.RescueDebtSolutions.com, and portions of other Web pages and Web content through which you have accessed this Agreement of Terms of Use (collectively, “www.RescueDebtSolutions.com”). By visiting, using and/or submitting information to www.RescueDebtSolutions.com, you agree to be bound by the terms and conditions of this Terms of Use Agreement (this “Agreement”) and Rescue Debt Solutions Privacy Policy, located at www.RescueDebtSolutions.com (the “Privacy Policy”).
This Agreement contains an agreement to arbitrate all claims and disclaimers of warranties and liability.
Your Compliance with this Agreement
You acknowledge that this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your ability to visit, use and/or submit information to www.RescueDebtSolutions.com. You represent that you have the capacity to be bound by this Agreement, or if you are acting on behalf of a company or other entity, you have the authority to bind such company or entity. In order to determine your compliance with this Agreement, Rescue Debt Solutions may monitor your access and use of www.RescueDebtSolutions.com in accordance with Rescue Debt Solutions Privacy Policy.
www.RescueDebtSolutions.com is Not Intended for Minors
www.RescueDebtSolutions.com is not intended to be used by, and is not directed to, anyone less than 18 years of age. You represent that you are at least 18 years of age. If Rescue Debt Solutions receives a complaint which states that a user of www.RescueDebtSolutions.com is under 13 years of age, Rescue Debt Solutions will comply with the requirements of the Children’s Online Privacy Protection Act of 1998 (“COPPA”).
Your Access and Use of www.RescueDebtSolutions.com
Your right to access and use www.RescueDebtSolutions.com is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use www.RescueDebtSolutions.com for lawful purposes and pursuant to the terms and conditions of this Agreement and Rescue Debt Solutions Privacy Policy.
Your access and use of www.RescueDebtSolutions.com may be interrupted, from time to time, for any of several reasons, including, without limitation, the malfunction of equipment, periodic in its sole discretion, may elect to take. Rescue Debt Solutions reserves the right to suspend or discontinue the availability of www.RescueDebtSolutions.com and/or any portion or feature of www.RescueDebtSolutions.com at any time in its sole discretion and without prior notice.
Any action by you that, in Rescue Debt Solutions sole discretion: (i) violates the terms and conditions of this Agreement and/or Rescue Debt Solutions Privacy Policy; (ii) restricts, inhibits or prevents any access, use or enjoyment of www.RescueDebtSolutions.com; or (iii) through the use of www.RescueDebtSolutions.com, defames, abuses, harasses, offends or threatens, shall not be permitted, and may result in your loss of the right to access and use www.RescueDebtSolutions.com. You shall not metatag, provide links to or frame www.RescueDebtSolutions.com without the prior express written permission of Rescue Debt Solutions.
Transmissions, Submissions and Postings to www.RescueDebtSolutions.com
If you transmit, submit or post information to www.RescueDebtSolutions.com that is not Federally trademarked and/or copyrighted, you automatically grant Rescue Debt Solutions and its affiliates and assigns the worldwide, fully-paid, royalty-free, exclusive right and license to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content (as defined below). Provided that you have obtained prior written permission from Rescue Debt Solutions to transmit, submit or post information to www.RescueDebtSolutions.com that is Federally trademarked and/or copyrighted, you automatically grant Rescue Debt Solutions and its affiliates and assigns the worldwide, fully-paid, royalty-free right to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content. You shall not transmit, submit or post the following to www.RescueDebtSolutions.com: Information that infringes Rescue Debt Solutions or any third party’s copyright, patent, trademark, trade secret or other proprietary rights; Information that violates any law, statute, ordinance or regulation; Information that is trade libelous, unlawfully threatening, unlawfully harassing, defamatory, obscene, explicit or vulgar, or otherwise injurious to Rescue Debt Solutionsor third parties or that infringes on Rescue Debt Solutions or any third party’s rights of publicity or privacy; Information that contains any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; Information containing or constituting chain letters, mass mailings, political campaigning, or any form of “spam”; Information that is false, inaccurate or misleading; Commercial advertisements or solicitations without written permission from Rescue Debt Solutions; or Federally Trademarked and/or Copyrighted information without written permission from Rescue Debt Solutions. Although Rescue Debt Solutions does not regularly review your transmissions, submissions or postings, Rescue Debt Solutionsr eserves the right (but not the obligation) to edit, refuse to post or remove your transmissions, submissions or postings. Pursuant to Rescue Debt Solutions Privacy Policy, Rescue Debt Solutionsmay review transmissions, submissions or postings made by you to determine, in its sole discretion, your compliance with this Agreement. You are solely responsible for all your transmissions, submissions or postings (i.e., your own User Generated Content) and the consequences of transmitting, submitting or posting them.
Rescue Debt Solutions Intellectual Property Rights
The names “Rescue Debt Solutions”, “RescueDebtSolutions.com”, and “RescueDebtSolutions.com and design”, and Rescue Debt Solutions graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Rescue Debt Solutions or its subsidiaries, in the United States and/or other countries (collectively, the “Proprietary Marks”). You may not use the Proprietary Marks without the prior express written permission of Rescue Debt Solutions, which permission may be withheld in Rescue Debt Solutions sole discretion. Rescue Debt Solutions makes no proprietary claim to any third-party names, trademarks or service marks appearing on www.RescueDebtSolutions.com. Any third-party names, trademarks, and service marks are property of their respective owners. The information, advice, data, software and content viewable on, contained in, or downloadable from, www.RescueDebtSolutions.com (collectively, the “Content”), including, without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons, renditions and floor plans, are copyrighted by, or otherwise licensed to, Rescue Debt Solutions or its Content suppliers. Rescue Debt Solutions also owns a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content (the “Collective Work”). All software used on www.RescueDebtSolutions.com (the “Software”) is the property of Rescue Debt Solutions or its software vendors and is protected by United States and international copyright laws. Viewing, reading, printing, downloading or otherwise using the Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to the Content, the Collective Work or the Software. You are solely responsible for any damage resulting from your infringement of Rescue Debt Solutions or any third party’s intellectual property rights regarding the Trademarks, the Content, the Collective Work, the Software and/or any other harm incurred by Rescue Debt Solutions or its affiliates as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.
Access and Interference
You may not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor www.RescueDebtSolutions.com or any portion of www.RescueDebtSolutions.com or for any other purpose, without Rescue Debt Solutions express written permission which may be withheld in Rescue Debt Solutions sole discretion. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in Rescue Debt Solutions sole discretion an unreasonable or disproportionately large load on Rescue Debt Solutions infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from www.RescueDebtSolutions.com without the prior written permission of Rescue Debt Solutions and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of www.RescueDebtSolutions.com or any activities conducted on www.RescueDebtSolutions.com; or (iv) bypass Rescue Debt Solutions robot exclusion headers or other measures Rescue Debt Solutions may use to prevent or restrict access to www.RescueDebtSolutions.com. Notwithstanding the foregoing, Rescue Debt Solutions grants the operators of public search engines permission to use spiders to copy materials from www.RescueDebtSolutions.com for the sole purpose and solely to the extent necessary for creating publicly available searchable indices of the materials on www.RescueDebtSolutions.com, but not caches or archives of such materials. Rescue Debt Solutions reserves the right to revoke these exceptions either generally or in specific cases. You shall not collect or harvest any personally identifiable information, including account names, from www.RescueDebtSolutions.com. You shall not use any communication systems provided on www.RescueDebtSolutions.com (such as Forums or email) for any commercial or solicitation purposes. You shall not solicit for commercial purposes any users of www.RescueDebtSolutions.com 4 without the express written permission of Rescue Debt Solutions, which permission may be withheld in Rescue Debt Solutions’s sole discretion.
Electronic Communications
When you visit www.RescueDebtSolutions.com or send email to Rescue Debt Solutions, you are communicating with Rescue Debt Solutions electronically. You consent to receive communications from Rescue Debt Solutions electronically. Although Rescue Debt Solutions may choose to communicate with you by regular mail, Rescue Debt Solutions may also choose to communicate with you by e-mail or by posting notices on www.RescueDebtSolutions.com. You agree that all agreements, notices, disclosures and other communications that Rescue Debt Solutions provides to you electronically satisfy any legal requirement that such communications be in writing.
Your Responsibility for Equipment and Related Costs
You are responsible for obtaining and maintaining all telephone, computer hardware, Internet access services and other equipment or services needed to access and use www.RescueDebtSolutions.com, and all costs and fees associated with Internet access or long distance charges incurred with regard to your access and use of www.RescueDebtSolutions.com.
Third Party Links
There may be provided on www.RescueDebtSolutions.com links to other Web sites belonging to Rescue Debt Solutions advertisers, business partners, affiliates and other third parties. Such links do not constitute an endorsement by Rescue Debt Solutions of those Web sites, nor the products or services listed on those Web sites. Rescue Debt Solutions is not responsible for the activities or policies of those Web sites. Rescue Debt Solutions does not endorse or recommend the products of any particular advertiser, business partner, affiliate or other third party. Rescue Debt Solutions does not guarantee that the loan terms or rates offered by any particular advertiser, business partner, affiliate or other third party on www.RescueDebtSolutions.com are the best terms or lowest rates available in the market.
Copyright Infringement
It is Rescue Debt Solutions policy to comply with the Digital Millennium Copyright Act, title 17, United States Code, Section 512, including, without limitation, responding to notices of alleged copyright infringement, and other applicable intellectual property laws. Rescue Debt Solutions shall, in appropriate circumstances, disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of Rescue Debt Solutions and/or others. Notifications (each a “Notification”) of claimed copyright infringement should be sent by either express mail or U.S. mail to Rescue Debt Solutions designated agent at 2225 W. Whispering Wind Dr., Phoenix, AZ 85085, or electronic mail to copyrightagent@RescueDebtSolutionsfinancial.com
Rescue Debt Solutions Makes No Representations or Warranties Regarding the Content
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH www.RescueDebtSolutions.com ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. Rescue Debt Solutions MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF www.RescueDebtSolutions.com OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR ASSOCIATED WITH www.RescueDebtSolutions.com. YOU EXPRESSLY AGREE THAT YOUR USE OF www.RescueDebtSolutions.com AND ALL PRODUCTS AND SERVICES INCLUDED ON OR ASSOCIATED WITH www.RescueDebtSolutions.com IS AT YOUR SOLE RISK. Rescue Debt Solutions DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH www.RescueDebtSolutions.com, NOR THE SAFETY, RELIABILITY, TITLE, TIMELINESS, COMPLETENESS, MERCHANTABILITY, CONFORMITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH www.RescueDebtSolutions.com. IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS OF THE CONTENT AND THE SERVICES AND PRODUCTS ASSOCIATED WITH www.RescueDebtSolutions.com. Rescue Debt Solutions MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE FOR DOWNLOADING FROM www.RescueDebtSolutions.com IS FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. The Content is intended only to assist you with financial decisions and is broad in scope and does not consider your personal financial situation. Your personal financial situation is unique and the information and advice may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, Rescue Debt Solutions recommends that you obtain additional information and advice of your accountant and other financial advisors who are fully aware of your individual circumstances. www.RescueDebtSolutions.com is controlled and offered by us from our facilities in the United States of America. Rescue Debt Solutions makes no representations that www.RescueDebtSolutions.com is appropriate or available for use in other jurisdictions. If you access or use www.RescueDebtSolutions.com from other jurisdictions, then you do so by your own volition and are solely responsible for compliance with local law.
Limitations on Rescue Debt Solutions’s Liability
Rescue Debt Solutions SHALL IN NO EVENT BE RESPONSIBLE TO, OR LIABLE TO, YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (II) YOUR ACCESS AND USE OF www.RescueDebtSolutions.com; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE www.RescueDebtSolutions.com FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF THE CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; (V) YOUR RELIANCE UPON OR USE OF THE CONTENT OR THE COLLECTIVE WORK, OR (VI) ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH www.RescueDebtSolutions.com, OR OTHERWISE ARISING OUT OF THE USE OF www.RescueDebtSolutions.com, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Rescue Debt Solutions AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. Rescue Debt Solutions LIABILITY AND THE LIABILITY OF ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED $100. YOU SPECIFICALLY ACKNOWLEDGE THAT Rescue Debt Solutions SHALL NOT BE LIABLE FOR USER GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM SUCH USER GENERATED CONTENT AND THIRD-PARTY CONDUCT RESTS ENTIRELY WITH YOU. YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO www.RescueDebtSolutions.com MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.
Your Indemnification of Rescue Debt Solutions
You shall defend, indemnify and hold harmless Rescue Debt Solutions and its officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys’ fees, arising out of, or attributable to: (i) any breach or violation of this Agreement by you; (ii) your failure to provide accurate, complete and current personally identifiable information requested or required by Rescue Debt Solutions; (iii) your access or use of www.RescueDebtSolutions.com; (iv) access or use of www.RescueDebtSolutions.com under any password that may be issued to you; and/or (v) your transmissions, submissions or postings (i.e., your own User Generated Content).
Amendments of this Agreement
Rescue Debt Solutions reserves the right to update, amend and/or change this Agreement at any time in its sole discretion and without notice. Updates to this Agreement will be posted here. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. Rescue Debt Solutions last update was August 3, 2009. Your continued access and use of www.RescueDebtSolutions.com following the posting of any such changes shall automatically be deemed your acceptance of all changes.
Rescue Debt Solutions’s Remedies
You acknowledge that Rescue Debt Solutions may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, Rescue Debt Solutions shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement. For purposes of this Agreement, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of record of Maricopa County, Arizona, or the United States District Court, District of Arizona, Phoenix Division. You consent to the jurisdiction of such court and waive any objection to the laying of the venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
Governing Law; Arbitration
You agree that: (i) www.RescueDebtSolutions.com shall be deemed solely based in the State of Arizona; and (ii) www.RescueDebtSolutions.com shall be deemed a passive Web site that does not give rise to personal jurisdiction over Rescue Debt Solutions, either specific or general, in jurisdictions other than the State of Arizona. This Agreement is to be governed by and construed in accordance with the internal laws of the State of Arizona, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of or relating to this Agreement, except for an injunctive action regarding a breach or threatened breach of any provision of this Agreement by you as provided above, shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in Maricopa County, Arizona. THEREFORE, YOU DO NOT HAVE THE OPPORTUNITY TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS AND YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. BY USING www.RescueDebtSolutions.com YOU CONSENT TO THESE RESTRICTIONS. You and Rescue Debt Solutions shall select the arbitrator, and if you and Rescue Debt Solutions are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the American Arbitration Association shall select the arbitrator. Arbitration shall not commence until the party requesting it has deposited One Thousand Dollars ($1,000.00) with the arbitrator for the arbitrator’s fees and costs. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrator to pay the arbitrator’s fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs. Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and Rescue Debt Solutions and your and Rescue Debt Solutions’s respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. Notwithstanding the previous sentence, in no event shall either you or Rescue Debt Solutions be entitled to punitive, special, indirect or consequential damages and both you and Rescue Debt Solutions hereby waive your and Rescue Debt Solutions’s respective rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue or business. Should a dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Rescue Debt Solutions, jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Maricopa County, Arizona.
Miscellaneous
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement. The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. All covenants, agreements, representations and warranties made in this Agreement, as may be amended by Rescue Debt Solutions from time to time, shall survive your acceptance of this Agreement and the termination of this Agreement.
