|
General information
The Agreement (including the paragraphs below that pertain
to the professionals who subscribe to America Debt
Resolutions) constitutes the entire agreement between you
and America Debt Resolutions and governs your use of the
service, superseding any prior agreements and discussions
between you and America Debt Resolutions. The failure of
America Debt Resolutions to exercise or enforce any right or
provision of the Agreement shall not constitute a waiver of
such right or provision. If any provision of the Agreement
is found by a court of competent jurisdiction to be invalid,
the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of the
Agreement remain in full force and effect. You agree that
regardless of any statute or law to the contrary, any claim
or cause of action arising out of or related to use of the
service or the Agreement must be filed within one (1) year
after such claim or cause of action arose or such claim or
cause of action shall be forever barred. The section titles
in the Agreement are for convenience only and have no legal
or contractual effect. America Debt Resolutions is pleased
to welcome you to its site subject to all of the terms and
conditions of this Agreement.
Acceptance of terms
Welcome to America Debt Resolutions! Any person who wants
access to America Debt Resolutions, Inc. (hereinafter,
"America Debt Resolutions") and its web site (the "site") to
find a professional, or to post your profile or utilize any
of the features we provide (collectively, the "services" or
the "service"), must accept the terms and conditions of this
agreement (the "Agreement") without change. This Agreement
constitutes a contract between you and America Debt
Resolutions. By using the services, you agree to be bound by
all terms and conditions of this Agreement and all policies
and guidelines incorporated by reference. America Debt
Resolutions reserves the right to change any of the terms
and conditions contained in this Agreement or any policies
or guidelines governing the site or services, at any time
and in its sole discretion. Any changes will be effective
upon posting of the revisions on the site. All notice of
changes to this Agreement will be posted on the site for
thirty (30) days. You are responsible for reviewing the
notice and any applicable changes. Changes to referenced
policies and guidelines may be posted without notice to you.
Your continued use of this site and the services following
America Debt Resolution's posting of any changes will
constitute your acceptance of such changes or modifications.
If you do not agree to any changes to this Agreement, do not
continue to use the services or this site.
Eligibility
Use of the services 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
Description of service
America Debt Resolution's web site provides information
regarding America Debt Resolution’s debt reduction services,
which includes debt negation and settlement service, as well
as any other related services performed by America Debt
Resolutions or its affiliates. In order to use the web site,
you must obtain access to the World Wide Web, either
directly or through devices that access web-based content,
and pay any service fees associated with such access. In
addition, you must provide all equipment necessary to make
such connection to the World Wide Web, including a computer
and modem or other access device.
License and site access
America Debt Resolutions grants you a limited license to
access and make personal use of this site and not to
download (other than page caching) or modify it, or any
portion of it, except with express written consent of
America Debt Resolutions. This license does not include any
resale or commercial use of this site or its contents; any
collection and use of any listings, descriptions, or prices;
any derivative use of this site or its contents; any
downloading or copying of account information; or any use of
data mining, robots, or similar data gathering and
extraction tools. This site or any portion of this site may
not be reproduced, duplicated, copied, sold, resold,
visited, or otherwise exploited for any commercial purpose
without express written consent of America Debt Resolutions.
You may not frame or utilize framing techniques to enclose
any trademark, logo, or other proprietary information
(including images, text, page layout, or form) of America
Debt Resolutions and our affiliates without express written
consent. You may not use any Meta tags or any other "hidden
text" utilizing America Debt Resolution’s name or trademarks
without the express written consent of America Debt
Resolutions. Any unauthorized use terminates the permission
or license granted by America Debt Resolutions. You are
granted a limited, revocable, and nonexclusive right to
create a hyperlink to the home page of America Debt
Resolutions so long as the link does not portray America
Debt Resolutions, its affiliates, or their products or
services in a false, misleading, derogatory, or otherwise
offensive matter. You may not use any America Debt
Resolutions logo or other proprietary graphic or trademark
as part of the link without America Debt Resolution's
express written permission.
No warranties
You expressly understand and agree that:
a. Your use of the service is at your sole risk. The service
is provided on an "as is" and "as available" basis. To the
fullest extent permissible by law, America Debt Resolutions
expressly disclaims all warranties of every kind, whether
express or implied, including, but not limited to the
implied warranties of merchantability, fitness for a
particular purpose and non-infringement or that any of the
information on the site is accurate.
b. America Debt Resolutions makes no warranty that (i) the
service will meet your requirements, (ii) the service will
be uninterrupted, timely, secure, or error-free, (iii) the
results that may be obtained from the use of the service,
including but not limited to information about professionals
and business establishments who are included in the service,
will be accurate or reliable, (iv) the quality of any
services, information, or other material purchased or
obtained by you through the service will meet your
expectations, (v) this site, its servers, or e-mail sent
from America Debt Resolutions are free of viruses or other
harmful components, and (vi) any errors in the software will
be corrected.
c. Any material downloaded or otherwise obtained through the
use of the service is done and relied upon at your own risk
and that you will be solely responsible for any damage to
yourself, your interests, or your computer system or loss of
data that results from the download and use of any such
material. America Debt Resolutions is not responsible for
examining or evaluating, and we do not warrant the offerings
or representations of, any of the professionals or the
content of their web sites.
d. No advice or information, whether oral or written,
obtained by you from America Debt Resolutions or through or
from the service shall create any warranty not expressly
stated in the Agreement. None of the terms of this waiver of
warranties may be modified in any way by course of conduct
or any other action by America Debt Resolutions or any of
its agents unless such modification is in writing and signed
by an authorized agent of America Debt Resolutions.
Limitation of liability
You expressly understand and agree that America Debt
Resolutions shall not be liable for any direct, indirect,
incidental, special, consequential or exemplary damages,
including but not limited to, damages for loss of profits,
goodwill, harm to your rights of any kind, use, data or
other intangible losses (even if America Debt Resolutions
has been advised of the possibility of such damages),
resulting from: (i) the use or the inability to use the
service; (ii) the cost of procurement of substitute services
resulting from any data, information or services purchased
or obtained or messages received through or from the
service; (iii) unauthorized access to or alteration of your
transmissions or data; (iv) statements or conduct of any
third party; or (v) any other matter relating to or
resulting from use of the service.
Exclusions and limitations
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. To the extent a
court determines any provisions in this Agreement to be
unenforceable; such a determination shall not affect the
validity of the remaining terms of this Agreement, which
shall remain in full force and effect.
Special admonition for services relating to financial and
legal matters
You must be absolutely sure that you have read and
understand the above waivers of all warranties and
limitations of liability. The above waivers and warranties
will defeat any claims you may assert for misrepresentation
or concealment of information, or any negative consequences
as a result of your use of or reliance upon any of the
information which the services provide. In addition, for
this type of information particularly, the phrase "let the
buyer beware" is apt. The service is provided for
informational purposes only. America Debt Resolutions shall
not be responsible or liable for the accuracy, usefulness or
availability of any information transmitted via the service,
and shall not be responsible or liable for any decisions
made based on such information.
Applicable law
By visiting America Debt Resolutions, you agree that the
laws of the state of Texas, without regard to principles of
conflict of laws, will govern this Agreement and any dispute
of any sort that might arise between you and America Debt
Resolutions or its affiliates.
Disputes
Any dispute relating in any way to your visit to America
Debt Resolutions or use of any of the services shall be
submitted to confidential arbitration in Texas, except that,
to the extent you have in any manner violated or threatened
to violate America Debt Resolution's intellectual property
rights, America Debt Resolutions may seek injunctive or
other appropriate relief in any state or federal court in
the state of Maryland, and you consent to exclusive
jurisdiction and venue in such courts. Arbitration under
this Agreement shall be conducted under the rules then
prevailing of the American Arbitration Association. The
arbitrator's award shall be binding and may be entered as a
judgment in any court of competent jurisdiction. To the
fullest extent permitted by applicable law, no arbitration
under this Agreement shall be joined to an arbitration
involving any other party subject to this Agreement, whether
through class arbitration proceedings or otherwise.
Notice
You agree that America Debt Resolutions may submit any
notices to you via either e-mail or regular mail. The
service may also provide notices of changes to the Agreement
or other matters by displaying notices or links to notices
to you generally on the service, which notice you also agree
America Debt Resolutions may submit to you via e-mail or
regular mail.
Trademark and patent information
America Debt Resolutions and its trademarks and service
marks, logos and product and service names and phrases which
America Debt Resolutions now claims or may claim in the
future are trademarks of America Debt Resolutions (the
"America Debt Resolutions marks"). You agree not to display
or use the America Debt Resolutions marks in any manner,
without America Debt Resolution's prior written permission.
Violations
You should report any violations of the Agreement to info@americadr.com
No resale of service
Unless expressly permitted in writing by America Debt
Resolutions, 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.
Use of site
You understand that all information, data, text, software,
sound, photographs, graphics, video, messages or other
materials ("content"), whether publicly posted or privately
transmitted, are the sole responsibility of the person from
which such content originated. This means that you, and not
America Debt Resolutions, are entirely responsible for all
content that you upload post, e-mail or otherwise transmit
via the service. America Debt Resolutions does not control
the content posted or made available via the service and, as
such, does not guarantee the accuracy, integrity or quality
of such content. You understand that by using the service,
you may be exposed to content that is offensive, indecent or
objectionable. Under no circumstances will America Debt
Resolutions be liable in any way for any content, including,
but not limited to, for any errors or omissions in any
content, or for any loss or damage of any kind incurred as a
result of the use of any content posted, e-mailed or
otherwise transmitted via the service.
You agree to not use the service to:
a. Upload, post, e-mail or otherwise transmit any content
that is unlawful, harmful, threatening, abusive, harassing,
tortuous, defamatory, vulgar, obscene, libelous, invasive of
another's privacy, hateful, or racially, ethnically or
otherwise objectionable;
b. Harm minors in any way;
c. Impersonate any person or entity, including, but not
limited to, an America Debt Resolutions official, or falsely
state or otherwise misrepresent your affiliation with any
person or entity;
d. Forge headers or otherwise manipulate identifiers in
order to disguise the origin of any content transmitted
through the service;
e. Upload, post, e-mail or otherwise transmit any content
that you do not have a right to transmit under any law or
under contractual or fiduciary relationships (such as inside
information, proprietary and confidential information
learned or disclosed as part of employment relationships or
under nondisclosure agreements);
f. Upload, post, e-mail or otherwise transmit any content
that infringes any patent, trademark, trade secret,
copyright or other proprietary rights of any party;
g. Upload, post, e-mail or otherwise transmit any
unsolicited or unauthorized advertising, promotional
materials, "junk mail," "spam," "chain letters," "pyramid
schemes," or any other form of solicitation, except in any
areas that are explicitly designated for such purpose;
h. Upload, post, e-mail or otherwise transmit any material
that contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit
the functionality of any computer software or hardware or
telecommunications equipment;
i. Disrupt the normal flow of dialogue or otherwise act in a
manner that negatively affects other users' ability to
engage in real time exchanges;
j. Interfere with or disrupt the service or servers or
networks connected to the service, or disobey any
requirements, procedures, policies or regulations of
networks connected to the service;
k. Intentionally or unintentionally violate any applicable
local, state, national or international law, including, but
not limited to, regulations promulgated by the u.s.
securities and exchange commission, any rules of any
national or other securities exchange, including, without
limitation, the New York stock exchange, the American stock
exchange or the NASDAQ, and any regulations having the force
of law;
l. "stalk" or otherwise harass another; or
m. Collect or store personal data about other users except
as restricted by this Agreement and provided by the service.
You acknowledge that America Debt Resolutions does not
pre-screen content, but that America Debt Resolutions and
its designees shall have the right (but not the obligation)
in their sole discretion to refuse, move, or remove any
content that is on the service. Without limiting the
foregoing, America Debt Resolutions and its designees shall
have the right, at its sole discretion, to remove any
content that it deems violates the Agreement or that it
deems to be otherwise objectionable. You agree that you must
evaluate, and bear all risks associated with, the use of any
content, including any reliance on the accuracy,
completeness, or usefulness of such content. In this regard,
you acknowledge that you may not rely on any content
created, posted, or otherwise published by America Debt
Resolutions or submitted to America Debt Resolutions,
including without limitation information within America Debt
Resolution's service.
You acknowledge and agree that America Debt Resolutions may
preserve content and may also disclose content if required
to do so by law or in the good faith belief that such
preservation or disclosure is reasonably necessary to: (a)
comply with legal process; (b) enforce or to ascertain
compliance with the Agreement; (c) respond to claims that
any content violates the rights of third-parties; or (d)
protect the rights, property, or personal safety of America
Debt Resolutions, its users and the public.
You understand that the technical processing and
transmission of the service, including your content, may
involve (a) transmissions over various networks; and (b)
changes to conform and adapt to technical requirements of
connecting networks or devices.
Special admonitions for international use
Recognizing the global nature of the internet, you agree to
comply with all local rules regarding online conduct and
acceptable content. 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.
Indemnity
You agree to indemnify and hold America Debt Resolutions,
and its subsidiaries, affiliates, officers, agents,
co-branders or other partners, and employees, harmless from
any claim or demand including reasonable attorneys' fees,
which any third party may make due to or arising out of
content you submit, post to or transmit through the service,
your use of the service, your connection to the service,
your violations of the Agreement (whether alleged or
otherwise), or your violation of any rights of another,
whether direct or indirect (including without limitation
claims for misrepresentation or malpractice).
General practices regarding use and storage
You acknowledge that America Debt Resolutions may establish
general practices and limits concerning use of the service,
including without limitation the maximum number of days that
reviews, postings or other uploaded content will be retained
by the service, the maximum disk space that will be allotted
on America Debt Resolution's servers on your behalf, and the
maximum number of times (and the maximum duration for which)
you may access the service in a given period of time. You
agree that America Debt Resolutions has no responsibility or
liability for the deletion or failure to store any messages
and other communications or other content maintained or
transmitted by the service. You further acknowledge that
America Debt Resolutions reserves the right to change these
general practices and limits at any time, in its sole
discretion, with or without notice.
Modifications to service
America Debt Resolutions reserves the right at any time and
from time to time to modify or discontinue, temporarily or
permanently, the service (or any part thereof) with or
without notice. America Debt Resolutions reserves the right
to refuse service to any person or entity in the exercise of
its absolute discretion. You agree that America Debt
Resolutions shall not be liable to you or to any third party
for any modification, suspension or discontinuance of the
service.
Termination
You agree that America Debt Resolutions, in its sole
discretion, may terminate your password, account (or any
part thereof) or use of the service, and remove and discard
any content within the service, for any reason, including,
without limitation, for lack of use or if America Debt
Resolutions believes that you have violated or acted
inconsistently with the letter or spirit of the Agreement.
America Debt Resolutions may also in its sole discretion and
at any time discontinue providing the service, or any part
thereof, with or without notice. You agree that any
termination of your access to the service under any
provision of this Agreement may be effected without prior
notice, and acknowledge and agree that America Debt
Resolutions may immediately deactivate or delete your
account and all related information and files in your
account and/or bar any further access to such files or the
service. Further, other than the obligation to make a refund
to the extent of fees paid for any period of time for which
you paid to be included in the service when the service was
terminated, you agree that America Debt Resolutions shall
not be liable to you or any third-party for any termination
of your access to the service.
Links
The service or third parties may provide links to other
World Wide Web sites or resources (including, without
limitation, links to sites which relate to the credentials
and disciplinary history of professionals). Because America
Debt Resolutions has no control over such sites and
resources, you acknowledge and agree that America Debt
Resolutions is not responsible for the availability of such
external sites or resources, and does not endorse and is not
responsible or liable for any content, information,
advertising, products, or other materials on or available
from such sites or resources. You further acknowledge and
agree that America Debt Resolutions shall not be responsible
or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with use
of or reliance on any such content, goods or services
available on or through any such site or resource.
America Debt Resolution's proprietary rights
You acknowledge and agree that the service and any necessary
software used in connection with the service ("software")
contain proprietary and confidential information that is
protected by applicable intellectual property and other
laws. You further acknowledge and agree that content
contained in information presented to you through the
service is protected by copyrights, trademarks, service
marks, patents or other proprietary rights and laws. Except
as expressly authorized by America Debt Resolutions, you
agree not to modify, rent, lease, loan, sell, distribute or
create derivative works based on the service or the
software, in whole or in part.
|
|