User Agreement Concerning Terms Of Use
These Terms of Use apply to this website (hereinafter referred to as the “Website”) . By using this website you (the “User”) agree that you bound by these Terms of Use. These Terms of Use become a legally binding contract between User and the Firm upon accessing the Website. This Website is offered to User conditioned on acceptance by User without modification of the Terms of Use contained herein. The use by User constitutes agreement by User to all these Terms of Use, as may be amended from time to time. The use by User of any third party website which may be linked or included within the Website will also subject User to the terms of use outlined in that third party website. In the event that any of the Terms of Use contained herein conflict with the terms of any third party website, then the terms of this Website shall control.
Indemnification.
User agrees to indemnify and hold the Firm and its officers, directors, managers, employees, contractors, attorneys and agents harmless from any liability, costs, expenses, fees, damages, or other amounts (collectively, “Losses”) that they may incur arising out of any claim or suit by any third party in connection with User’s access to or use of the Website. In particular, but without limitation, the foregoing indemnification shall apply to claims by debtors, consumers or any other person about whom information is transmitted through the Website that such information is untrue or was transmitted without authority.
The indemnifying party may, at its option, conduct the defense in any such third party action arising as described herein with counsel reasonably acceptable to the indemnified party, and the parties shall reasonably cooperate with each other in such defense. The parties’ rights and obligations under this section shall be continuing and shall survive the expiration or termination of these Terms of Use by either party for any reason. The parties shall promptly notify the other in writing of any claim, action, or proceeding, and the parties shall reasonably cooperate with one another, at no cost to the indemnifying party, in the defense of any such claim, action or proceeding.
Links to Third Party Sites
The Website may contain advertisements and links to a third party website (hereinafter a “Linked Website”). User hereby agrees that the Firm 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. The Firm is not responsible for any transmission received from any Linked Website nor is the Firm responsible if the Linked Website does not work properly. The inclusion of any Linked Website does not imply endorsement by the Firm of the Linked Site. User is responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. Any dealings with third parties (including advertisers) operating the Linked Sites included within the Website, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between User and the operator of the Linked Site. The Firm shall not be responsible or liable to User or anyone claiming through User for any part of any such dealings even if the Firm receives a benefit, monetary or otherwise, from the third party.
No Unlawful or Prohibited Use
As a condition of the use by User of the Website, User will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use. User may not use the Website in any manner that could damage, disable, overburden, or impair the Website or the network(s) connected to the Website, or interfere with any other party’s use of the Website or any connected network. User agrees not attempt to gain access to the Website unless User is a debtor of the Firm., or is indebted to a client of the Firm. User agrees not attempt to gain access to an account which does not belong to you, or to any computer systems or networks connected to the Website, through unauthorized entry, hacking, viruses, password interception or by any other means.
Use of Services
The Website contains services for facilitating communications designed to enable User to communicate with the Firm. User agrees to use the Website only to send and receive messages and information that is proper and related to a particular communication. User agrees that when using the Website, User will not use the Website for any improper purpose in any improper way including, but not limited to:
- Providing any false information to the Website for any reason or creating a false identity on the Website.
- Violating the legal rights (such as rights of privacy and publicity) of the Firm or any other person or entity.
- Using any material or information, including images or photographs, which is made available through the Website in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
- Using a meta tag search on the Website.
- Violating any code of conduct or other terms of use which may be applicable to this Website or any particular Linked Site.
- Harvesting or otherwise collecting information about the Firm or others, including e-mail addresses, without consent.
- Violating any applicable laws or regulations of Texas, or the state in which User resides, or the United States.
- Using the Website or any email address on the Website in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any redundant or unsolicited messages.
The Firm has no obligation to monitor the Website communications. However, the Firm reserves the right, without the obligation, to review any materials posted to the Website and to remove any materials in its sole discretion. The Firm reserves the right to suspend or terminate User’s access to any or all of the Website at any time, without notice, for any reason whatsoever. The Firm reserves the right at all times to disclose any information as the Firm deems 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, in the Firm’s sole discretion.
Modification of These Terms of Use
The Firm reserves the right, from time to time, to change (a) the hardware or software required to access and use the Website; (b) the access or security procedures, and rules of accessing of the Website; (c) the nature and scope of the Website; and (d) these Terms of Use. The Firm may but is not required to provide the User with notice of any change. User is responsible for regularly reviewing these changes in these Terms of Use on the Website or the Linked Sites. User’s continued use of the Website constitutes User’s agreement to all such revised Terms of Use.
Liability Disclaimer
Despite efforts by the Firm to avoid errors, the information and services available through this Website may include inaccuracies or typographical errors. Changes are periodically made to the Website functionality and content. The Firm may make changes to the Website at any time. Advice received via the Website or the Linked Sites should not be relied upon for personal, medical, legal or financial decisions and User should consult an appropriate professional for specific advice tailored to User’s situation. The Firm makes no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components, or the accuracy of the content and services provided through the Website for any purpose. All such content and services are provided “as is” without warranty of any kind. The Firm hereby disclaims any and all warranties and conditions with regard to such content and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement.
User specifically agrees that the Firm shall not be responsible to User or anyone else for unauthorized access to or alteration of User’s transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through an Website. User specifically agrees that the Firm is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. User agrees that the Firm is not responsible for any content sent using and/or included in the Website by any third party. User agrees that in no event shall the Firm be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website, with the delay or inability to use the Website or related services, the provision of or failure to provide services, or for any content and services obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If User is dissatisfied with any portion of the Website, or with any of these terms of use, User’s sole and exclusive remedy is to discontinue using the Website.
Limitation on Liability
The User stipulates that as of the date of User’s initial registration on the Website, User has no claims or causes of action against the Firm for any reason, known or unknown. In the unlikely event that the Firm should hereafter become liable to User, User agrees that such shall not exceed five hundred dollars and User will not claim the Firm is liable to User for any amount in excess of five hundred dollars. The remedies available to User specified in these Terms of Use are exclusive. Any and all benefits applying to the Firm under these Terms of Use also apply to the benefit of each officer, directors, managers, employees, attorneys, contractors and agents.
The Firm shall never be liable to User for special, incidental, punitive, or consequential damages (even if the Firm has been notified of the possibility of such damages), including, but not limited to, lost profits or savings, loss of use of services, cost of capital, cost of substitute services or facilities, downtime costs, or damages and expenses arising out of third party claims.
No Warranty of any Kind
The Firm makes no warranty of any kind to the User, including, without limit, that any service will be uninterrupted, timely, secure or error-free.
Termination of Access
The Firm reserves the right, in its sole discretion, to suspend or terminate User’s access to the Website or any portion thereof at any time, without notice. The Firm may also terminate User’s access to the Website for inactivity. Upon termination, User’s right to use the Website immediately ceases. The Firm shall have no further obligation to maintain User’s access to the Website.
General Terms
These Terms of Use is governed by the laws of the State of Texas, U.S.A. User hereby irrevocably consents to the exclusive jurisdiction and venue of courts in Dallas County, Texas, U.S.A. in all disputes arising out of or relating to the use of the Website. Any action of any kind by User arising out of these Terms of Use must be commenced within one year from the date the right, claim, demand, or cause of action first accrued, regardless of whether it is continuing from the date of first accrual.
This Website is controlled, operated and administered in Dallas County, Texas. This Website can be accessed from anywhere in the United States, as well as from other countries around the world. Each of these jurisdictions has laws that may differ from those of Texas; by accessing the Site, User acknowledges and agrees that all matters relating to access to or use of the Website or its content shall be governed by the laws of the State of Texas and the federal laws of the United States of America, in each case without reference to conflicts of laws principles.
User also agrees that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the state and federal courts of, in, and for the State of Texas, and acknowledged that User does so voluntarily. These Terms of Use will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. User consents to service of any required notice or process upon User by email, certified or registered mail or overnight courier with proof of delivery notice, addressed to the address or contact information provided by User at the time User was first accessed the Website, or such other address as User may advise us in writing to use, from time to time.
User agrees to pay to Firm all its reasonable attorneys’ fees, costs, and disbursements incurred in such action, suit, or proceeding to enforce any breach of these Terms of Use or to interpret any provision of these Terms of Use User agrees that no joint venture, partnership, employment, or agency relationship exists between User and the Firm as a result of these Terms of Use or use of the Website. User agrees to indemnify and hold the Firm, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of use by User of or conduct on the Website. The Firm reserves the right to disclose any personal information about User or the use by User of the Website, including its contents, without User’s prior permission if the Firm has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of the Firm or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. Nothing contained in these Terms of Use shall the Firm’s right to comply with laws relating to the use by User of the Website or information provided to or gathered by the Firm with respect to such use. If any part of these Terms of Use is determined to be invalid or unenforceable, 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 these Terms of Use shall continue in effect.
Unless otherwise specified herein, these Terms of Use constitute the entire agreement between the User and the Firm with respect to the Website and the transactions on the Website. These Terms of Use supersede all prior or contemporaneous communications, whether electronic, oral or written, between the User and the Firm with respect to the Website. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings.
Copyright Notice
All content of the Website (other than the content of the Linked Sites) are:
Copyright 2009-2021 Creditor Holdings, LLC. All rights are reserved.
User may not print, download, or attempt to obtain any content from the Website without the express written consent of the Firm.