Last updated: January 3, 2020.
Drowninginbills.com is a referral agency that connects financial service providers with consumers to help them live healthier financial lives and when you call our number, you may be directly connected with one of our partners or a third-party to assist you. Independent providers of the services may charge fees and have their own terms of service. Those consumers requesting help with Credit Restoration, may be matched up with Lexington Law Firm. You can read their terms and conditions here https://www.lexingtonlaw.com/info/terms. Drowninginbills.com is not responsible and does not guarantee any outcomes from these providers. Services may not be available in all states so please call or check our website for details.
This Agreement contains a binding arbitration agreement, which provides that you and we agree to resolve certain disputes through binding individual arbitration and give up any right to have those disputes decided by a judge or a jury. You have the right to opt out of our agreement to arbitrate. See the Legal Disputes section of this Agreement.
AGREEMENT BETWEEN USER AND DROWNINGINBILLS.COM
The Drowninginbills.com Web Site is comprised of various Web pages operated by Drowninginbills.com.
The Drowninginbills.com Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Drowninginbills.com Web Site constitutes your agreement to all such terms, conditions, and notices.
Drowninginbills.com reserves the right to change the terms, conditions, and notices under which the Drowninginbills.com Web Site is offered, including but not limited to the charges associated with the use of the Drowninginbills.com Web Site.
LINKS TO THIRD PARTY SITES
The Drowninginbills.com Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of Drowninginbills.com and Drowninginbills.com is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Drowninginbills.com is not responsible for webcasting or any other form of transmission received from any Linked Site. Drowninginbills.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Drowninginbills.com of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Drowninginbills.com Web Site, you warrant to Drowninginbills.com that you will not use the Drowninginbills.com Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Drowninginbills.com Web Site in any manner which could damage, disable, overburden, or impair the Drowninginbills.com Web Site or interfere with any other party’s use and enjoyment of the Drowninginbills.com Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Drowninginbills.com Web Sites.
YOU ARE RESPONSIBLE FOR YOUR FINANCIAL DECISIONS
We and our affiliates, through the Services, may provide a venue through which you can obtain information and you can find third-party service providers, such as financial institutions, credit card providers, debt settlement companies, lenders and other financial professionals (“Service Providers”). 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. We do not validate or investigate the licensing, certification or other requirements and qualifications of Service Providers. It is your responsibility to investigate Service Providers. You acknowledge and agree that Service Providers are solely responsible for any services that they may provide to you and that we are not liable for any losses, costs, damages or claims in connection with, arising from, or related to, your use of a Service Provider’s products or services. We urge you to obtain the advice of qualified professionals who are fully aware of your individual circumstances before you make any financial decisions. You acknowledge and agree that you rely on your own judgment and that of such advisors in selecting any products or services offered by Service Providers.
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 offered by Service Providers are the best available.
USE OF COMMUNICATION SERVICES
The Drowninginbills.com Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
Drowninginbills.com has no obligation to monitor the Communication Services. However, Drowninginbills.com reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Drowninginbills.com reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Drowninginbills.com reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, is Drowninginbills.com’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Drowninginbills.com does not control or endorse the content, messages or information found in any Communication Service and, therefore, Drowninginbills.com specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Drowninginbills.com spokespersons, and their views do not necessarily reflect those of Drowninginbills.com.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO DROWNINGINBILLS.COM OR POSTED AT ANY DROWNINGINBILLS.COM WEB SITE
Drowninginbills.com does not claim ownership of the materials you provide to Drowninginbills.com (including feedback and suggestions) or post, upload, input or submit to any Drowninginbills.com Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Drowninginbills.com, its affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Drowninginbills.com is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at Drowninginbills.com’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
a) Mobile Devices
By subscribing to Drowninginbills.com you consent to receive electronic communications from Drowninginbills.com in electronic form, via email, Short Message Service (“SMS Service”) or wireless internet (“WAP Service”) and may be sent via automatic telephone dialing systems which may use pre-recorded messages. If you designate to receive electronic communications via your mobile device, you agree to receive messages delivered via the Site to that device and understand your carrier’s standard rates apply to any messages sent from Drowninginbills.com. You represent you are the owner or authorized user of the mobile device on which messages will be received, and that you are authorized to approve any applicable charges. You may opt out of receiving messages to your mobile device at any time by notifying us at [email protected] or you can click the “Opt-out” link on the bottom of the email. Only United States residents may use the SMS or WAP Service.
b) Data Security
SMS or WAP Services are provided via wireless systems which use radio frequencies (and other means) to transmit communications over complex networks. Drowninginbills.com do not guarantee your use of the SMS or WAP Services will be private or secure, and Drowninginbills.com will not be liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures appropriate to your situation and intended use of the SMS or WAP Service. You acknowledge and agree Drowninginbills.com may access the content of your account and the wireless account with your carrier for the purpose of identifying and resolving technical problems and service-related complaints.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE DROWNINGINBILLS.COM WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DROWNINGINBILLS.COM AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE DROWNINGINBILLS.COM WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE DROWNINGINBILLS.COM WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
DROWNINGINBILLS.COM AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON OR AVAILABLE THROUGH THE DROWNINGINBILLS.COM WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. DROWNINGINBILLS.COM AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
SERVICE CONTACT: [email protected]
Drowninginbills.com reserves the right, in its sole discretion, to terminate your access to the Drowninginbills.com Web Site and the related services or any portion thereof at any time, without notice. GENERAL. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Broward County, Florida, U.S.A. in all disputes arising out of or relating to the use of the Drowninginbills.com Web Site. Use of the Drowninginbills.com Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Drowninginbills.com as a result of this agreement or use of the Drowninginbills.com Web Site. Drowninginbills.com’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Drowninginbills.com’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Drowninginbills.com Web Site or information provided to or gathered by Drowninginbills.com with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Drowninginbills.com with respect to the Drowninginbills.com Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Drowninginbills.com with respect to the Drowninginbills.com Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
Drowninginbills.com, and the Drowninginbills.com logo are trademarks, trade names or service marks of Drowninginbills.com, LLC or its related companies. All other trademarks and service marks are the property of their respective owners. You are not permitted to use any trademark or service mark displayed on this Site without the prior written consent of Drowninginbills.com or the owner of such trademark or service mark.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
COPYRIGHT INFRINGEMENT POLICY
In accordance with the requirements set forth in the Digital Millennium Copyright Act, Title 17 United States Code Section 512(c)(2) (“DMCA”), Drowninginbills.com will investigate notices of copyright infringement and take appropriate remedial action. If you believe that any Content on the Site has been used or copied in a manner that infringes your work, please provide a written notification of claimed copyright infringement to the Designated Agent for the Site containing the following elements as set forth in the DMCA:
- a physical or electronic signature of the owner of the copyright interest that is alleged to have been infringed or the person authorized to act on behalf of the owner;
- identification of the copyrighted work(s) claimed to have been infringed, including copyright date;
- identification of the Content you claim to be infringing and which you request be removed from the Site or access to which is to be disabled along with a description of where the infringing Content is located;
- information reasonably sufficient to allow us to contact you, such as a physical address, telephone number and an email address;
- a statement by you that you have a good faith belief that the use of the Content identified in your written notification in the manner complained of is not authorized by you or the copyright owner, its agent or the law; and
- a statement by you that the information in your written notification is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on behalf of the copyright owner.
Drowninginbills.com’s designated agent for the written notification of claims of copyright infringement can be contacted at the following address:
Designated Agent – Copyright
6360 NW 5th Way, Suite 302A
Lauderdale, FL 3309
Email: [email protected]
YOUR INDEMNIFICATION OF US
You shall defend, indemnify and hold harmless us and our 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 us; (iii) your access or use of our Services; (iv) access or use of our Services under any password that may be issued to you; (v) your transmissions, submissions or postings (i.e., your own User Generated Content); and/or (vi) any personal injury or property damage caused by you.
AMENDMENTS TO THIS AGREEMENT
We reserve the right to update, amend and/or change this Agreement at any time in our sole discretion and without notice. Updates to this Agreement will be posted here. Amendments will take effect immediately upon us posting the updated Agreement on our Services. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. The date on which this Agreement was last updated will be noted immediately above this Agreement. Your continued access and use of our Services following the posting of any such changes shall automatically be deemed your acceptance of all changes.
You and we agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of this Agreement, your use of or access to the Services will be resolved in accordance with the provisions set forth in this Legal Disputes section. Please read this section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.
Applicable Law You agree that the laws of the State of Florida, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and us, except as otherwise stated in this Agreement.
ARBITRATION/CLASS WAIVER/OPT OUT CLAUSES
- You and we each agree to resolve exclusively through final and binding arbitration any and all disputes or claims that have arisen or may arise between you and us (including any affiliates, officers, directors, employees, and agents), whether or not such dispute or claim involves a third party, relating in any way to any aspect of our relationship or any contact between us, direct or indirect, or arising out of this or previous versions of this Agreement, your use of or access to our Services, or any products or services sold, offered, or purchased through our Services (“Dispute”).
- You and we agree to submit the Dispute to a single arbitrator under the then-current Commercial Arbitration Rules of the American Arbitration Association (AAA), or, by separate mutual agreement, at another arbitration institution. The AAA’s rules, information regarding initiating a claim, and a description of the arbitration process are available at www.adr.org. The location of the arbitration and the allocation of fees and costs for such arbitration shall be determined in accordance with the AAA rules. As an alternative, you or we may bring a claim in your local “small claims” court, if permitted by that small claims court’s rules.
- Class Action/Jury Waiver: You and we agree that each of us may bring a Dispute against the other only on our own behalf, and not on behalf of a government official or other person or entity, or a class of persons or entities. You and we agree, if we are a party to the proceeding, not to participate in a class action, a class-wide arbitration, a claim brought in a private attorney general or representative capacity, or a consolidated claim involving another person’s use of the site or our services. You and we agree to waive the right to a trial by jury for all disputes.
- You may opt out of this Agreement to Arbitrate. If you do so, neither you nor we can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing, within 30 days of the date that you first began using this Site subject to these arbitration terms or changes to them, either by U.S. mail delivered to: Attn: Legal Department, Drowninginbills.com, 6360 NW 5th Way, Suite 302A, Ft. Lauderdale, FL 33309 or by email delivered to [email protected] You must include: (1) your name and residence address; (2) the email address and/or mobile telephone number associated with your account; and (3) a clear statement that you want to opt out of this agreement to arbitrate.
- If the prohibition against class actions and other claims brought on behalf of third parties contained in Section 1.3, above, is found to be unenforceable, then all of Section 1 will be null and void as to that Dispute.
- This Agreement to Arbitrate will survive the
termination of your relationship with us:
- Unless you and we agree otherwise, if you opt out of the Agreement to Arbitrate, if the Agreement to Arbitrate is found by a court to be unenforceable, if your claim is not covered by the Agreement to Arbitrate, or if you neither are a resident of nor have a principal place of business in the US or Canada, you agree that any Dispute that has arisen, or may arise, between you and us must be resolved exclusively by a state or federal court located in Broward County, Florida. You and we agree to submit to the personal jurisdiction of the courts located within Broward County, Florida for the purpose of litigating all such claims or disputes.
- Notwithstanding any provision in the Agreement to the contrary, you and we agree that if we make a change to this agreement to arbitrate in the future, that change shall not apply to a claim that was filed in a legal proceeding between you and us prior to the effective date of the change.
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