Terms of Service

AGREEMENT BETWEEN USER AND BETTER DEBT SOLUTIONS, LLC

It is a legal agreement between you and Better Debt Solutions, LLC. (“BDS”) that these Website Terms of Service (including any document incorporated by reference herein) for the Better Debt Solutions, LLC. (“BDS”) websites, located at https://betterdebtsolutions.com and any other websites that may be owned and/or controlled by BDS (collectively the “websites”) that contain these Website Terms of Service (the “Terms of Service”), govern all aspects of your

PLEASE CAREFULLY READ THESE TERMS OF SERVICE. YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE BY REGISTERING FOR, ACCESSING, BROWSING, OR OTHERWISE USING THE WEBSITES. You should immediately stop using the websites if at any point you disagree with any of these terms and conditions.

Your legal rights are affected by these Terms of Service, including our agreement to arbitrate individual disputes rather than litigate them in court or with a jury.

1. Qualification; Privacy

Those under the age of 18 and people who are not legitimate residents of the United States, whether by a visa or otherwise, are not eligible to purchase the goods and services offered through the websites. YOU REPRESENT AND WARRANT TO US THAT YOU ARE AT LEAST 18 YEARS OLD AND A LEGAL RESIDENT OF THE UNITED STATES BY CLICKING ANY “SUBMIT” OR OTHER BUTTON OR BY ACCESSING, BROWSING, OR OTHERWISE USING THE WEBSITES.

Additional terms and conditions can apply to certain goods and services purchased via the websites, including those supplied directly or indirectly by third parties. These additional terms and conditions are hereby incorporated herein by reference to the extent that they are not inconsistent with these Terms of Service; however, in the event of any conflict between these Terms of Service and any other document incorporated herein by reference, these Terms of Service shall govern.

BDS has pledged to safeguard the privacy of visitors to our websites and users of the goods and services made available there. By reference, the Privacy Policy of BDS is incorporated here.

2. Items and Services.

A few of the websites serve as an online marketplace where users may look up and seek debt relief services, look up various home and consumer loans, and look up other goods and services. You recognize and acknowledge that BDS may need to share some of your information in order to connect you with particular suppliers of the goods and/or services you request if you submit a request for a product or service, or for more information about a product or service offered through one of the websites.

By giving us your contact information, you expressly agree that we may contact you by phone, email, or postal mail, even if you have chosen to be removed from the national Do Not Call List run by the Federal Trade Commission, any state equivalent Do Not Call List, or the Do Not Call List of any particular institution.

3.Changes to These Terms of Service

BDS maintains the right to post modified Terms of Service at any time and to change, modify, add, or remove any part of these Terms of Service. Please review these Terms of Service often for updates. Any time you use one of the websites after modifications have been posted, you are deemed to have accepted those changes in their entirety. Unless otherwise specified, the new Terms of Service shall take effect right away and without additional notification.

4. Grants of licenses.

BDS now provides you a personal, limited, non-exclusive, non-transferable, revocable license to use the websites for accessing the information and contacting the suppliers of the goods and services included within, subject to your compliance with these Terms of Service.

BDS explicitly retains all rights not expressly given in this agreement, including the right to employ any legal methods it considers necessary or appropriate to stop illegal use of the websites..

By using the websites, you hereby grant BDS a non-exclusive, perpetual, irrevocable, transferable, assignable, sublicenseable (through multiple tiers), royalty-free license to transfer, display, reproduce, distribute, modify, and otherwise use your personal and other information, subject to the limitations set forth herein (including BDS’s Privacy Policy).

5. Prohibited Behavior.

You renounce the following by using the websites:

Utilize the websites for any reason other than to access the information and contact the businesses offering the goods and services that are advertised there; submit, transmit, or assist in the distribution of any information or content that is unlawful, harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of one’s right to privacy or publicity, or that a reasonable person would find objectionable; attempt to interfere with, compromise, or harm the websites in any way. use any robot, spider, scraper, or other similar system to access the websites; impersonate someone else or otherwise falsely represent your affiliation with a person or entity; commit fraud; conceal or attempt to conceal your identity; or submit, upload, post, email, transmit, or otherwise make available any information or content that you do not have the right to share with the public.

6. Proprietary and Ownership Rights.

BDS is the owner and operator of the websites. All information displayed on the websites is protected by United States copyright, trade dress, patent, and trade/service mark laws, applicable international conventions, and all other pertinent intellectual property and proprietary rights and laws. This protection extends to all visual interfaces, graphics, designs, information, computer code (including source code or object code), software, and all other elements of the websites. All of the material on the websites is the property of BDS and/or its third-party licensors, unless otherwise stated on the websites. You are not allowed to use this content in any way that is not expressly authorized by BDS, including but not limited to selling, licensing, distributing, copying, changing, displaying it publicly, transmitting it, publishing it, editing it, adapting it, making derivative works from it, or any other unauthorized use.

7. Links to Third-Party Sites; Dealings with Third Parties.

The websites could contain references or links to other websites that are owned or run by third parties with whom BDS might be associated. The availability, content, advertising, and any goods or services made available by such third parties are not under the control of BDS, and as a result, BDS is not liable for them. All communications and transactions you have with such third parties are private and completely between you and them. You use and access these websites entirely at your own risk.

Your communications or business dealings with any third parties, including but not limited to those with credit counseling services, debt settlement services, mortgage brokers or lenders, insurance agents or carriers, or any other provider of goods or services, are private and confidential and only take place between you and the third party. BDS is not liable for any losses or damages of any kind sustained as a consequence of such dealings, nor is it responsible for any terms, conditions, warranties, or representations connected with such interactions.

By using the websites as instructed, you agree that BDS does not make credit decisions regarding any goods or services offered to you, does not suggest, support, warrant, or ensure the quality of any third-party goods or services, and is not a party to any negotiations you may have with, or agreements you may enter into with, any third party. No one is charged by BDS to access the webpages.

8. Termination; Exclusive Remedy.

Your use of the websites and any session may be terminated by BDS at any time, for any or no reason, and without warning or penalty. Additionally, BDS has the right to stop granting access to one or more websites at any moment, at its sole discretion. BDS shall not be liable to you or any third person for any termination of your access to the websites, whether it occurs with or without prior notice. Any suspected instance of fraud, abuse, or unlawful action may be reported to the relevant law enforcement agency.

If you are unhappy with the websites, these terms of service, or any BDS policy or practice relating to the operation of any website, your single and exclusive recourse is to stop using the websites and to cancel your access to them.

9. Indemnification.

The use or misuse of the websites by you, any violation by you of these Terms of Service, or any breach by you of the representations, warranties, and covenants made by you herein will result in your agreement to defend, indemnify, and hold harmless BDS and its contractors, employees, agents, and third-party suppliers and business partners from any claims, losses, damages, and liabilities, including legal fees and expenses. You agree to cooperate with BDS’s defense of any such claims. BDS retains the right to assume the exclusive defense and control of any matter for which you are obliged to indemnify us at your expense. As soon as BDS learns of any such claim, action, or proceeding, it will make a reasonable attempt to tell you.

10. Disclaimers and No Warranty.

BDS, ITS THIRD PARTY SUPPLIERS, AND BUSINESS PARTNERS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, TO THE FULLEST EXTENT PER NO ORAL OR WRITTEN ADVICE OR INFORMATION GIVEN BY BDS OR THROUGH THE WEBSITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

THE WEBSITES ARE USED AT YOUR SOLE RISK. THE WEBSITES ARE PROVIDED “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS,” AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS OF ANY KIND. THIS INCLUDES DATA, INFORMATION, COMMERCIAL CONTENT, THIRD-PARTY WEB SITES, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE WEBSITES.

NO WARRANTY IS MADE BY BDS OR ITS THIRD PARTY SUPPLIERS OR BUSINESS PARTNERS THAT THE WEBSITES OR ANY THIRD PARTY WEB SITES OR ANY DATA, INFORMATION, COMMERICAL CONTENT, PRODUCTS OR SERVICES OFFERED ON OR THROUGH THE WEBSITES OR ANY THIRD PARTY WEB SITES WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER You use the websites and all third-party websites at your own risk, and you alone are responsible for any property damage (including computer system damage) or data loss resulting from such use.

11. Restrictions on Liability.

BDS AND ITS THIRD PARTY SUPPLIERS AND BUSINESS PARTNERS WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, BDS’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

This privacy statement applies to any website or mobile application owned or controlled by Better Debt Solutions, LLC (“BDS”), including https://betterdebtsolutions.com and any corporate associated or subsidiary websites or mobile applications (hereinafter referred to as the “Privacy Policy”). In this privacy statement, “we,” “us,” or “our” refer to BDS subsidiaries or affiliates that have a link to this privacy statement. This Privacy Statement outlines how we may gather information from or about you, how we may use that information, how we could share it with others, and how information might be gathered and used for advertising. You can better understand our online information security procedures by reading this Privacy Policy. Please see our Terms of Service for more information.

12. Release.

By using any BDS website, you agree to release and hold harmless BDS and its third-party suppliers and business partners, as well as each of their individual agents, directors, officers, employees, and all other related individuals or entities, from any and all claims, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and expenses of any kind or nature, whether known or unknown, arising from or in any way related to your use of the website. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. IF YOU LIVE IN CALIFORNIA, YOU WAIVE CALIF

13. Law, Mandatory Arbitration, and Location

13.1 Legal System/Jurisdiction

If there is a disagreement between you and BDS regarding these terms of service, any goods or services you purchase from websites or businesses that BDS may refer you to, or any other matter (a “Claim”), you and BDS agree to settle it in accordance with the steps outlined below or as we may otherwise agree in writing. Without respect to the rules of choice or conflicts of law, claims are governed by the laws of the state of California in the United States of America.

Additionally, you and BDS consent to the Southern District of California’s jurisdiction over any dispute, claim, or controversy that has to do with or arises from the Claim (as well as any non-contractual disputes or claims related to or arising from them) and is not subject to mandatory arbitration under Section 13.2.1.

13.2 Agreement to Arbitrate

Only American consumers are subject to this arbitration agreement.

13.2.1 Arbitration and dispute resolution

Whether the claims are based on a contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether they surface during or after any relationship you have with BDS, you and BDS agree that any dispute, claim, or controversy between you and BDS will be resolved by mandatory binding individual (not class) arbitration. You and BDS also concur that any challenges to the existence, applicability, or scope of the Arbitration Agreement or the arbitrability of any claim or counterclaim shall be decided solely by the arbitrator in accordance with his or her own jurisdiction. A lawsuit in court is more official than arbitration. There is no judge or jury in arbitration, and there is little scope for judicial review of an arbitration award. There could be less discovery than there would be in court. Except that the arbitrator may not provide any remedy, including declaratory or injunctive relief, benefiting anyone other than the parties to the arbitration, the arbitrator is bound by this agreement and has the same authority to award damages and other remedies as a court (including attorney fees). After the Service is discontinued, this arbitration clause will remain in effect.

13.2.2 Exceptions

Despite the preceding paragraph (13.2.1), you and BDS acknowledge that nothing in this Arbitration Agreement shall be construed as waiving, precluding, or otherwise restricting either of our rights, at any time, to bring an individual action seeking only preliminary or temporary individualized injunctive relief in a court of law, pending a final determination by the arbitrator.

13.2.3 Class Action Waiver: No Representative or Class Actions

You and BDS concur that neither party may file claims against the other except in its or its individual capacity and not as a plaintiff or class member in any purported class or representative action. No arbitrator or judge may consolidate more than one person’s claims or otherwise take part in a representative or class action unless both you and BDS agree. The arbitrator may only provide injunctive remedy in the individual party’s favor and only to the degree required to satisfy that party’s particular claim for relief. Any limits in this paragraph that a court finds cannot be enforced with respect to a specific claim for relief must be removed from the arbitration and presented in court in that case (and only that claim).

13.2.4 arbitral procedures

We or you may initiate an arbitration procedure. The Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in effect (the “AAA Rules”), as amended by this Arbitration Agreement, will govern any arbitration between you and BDS. You and BDS acknowledge and agree that this section shall be interpreted and enforced in accordance with the Federal Arbitration Act (despite the choice of law provision above). You may find the AAA Rules and directions on how to initiate an arbitration action at betterdebtsolutions.com or by calling the AAA at (866) 212-4229. You can contact the AAA with the aid of BDS.

13.2.5 Notice; Process

In order to initiate arbitration, a party must first provide a written notice of the dispute to the other party through certified mail, Federal Express, UPS, or Express Mail (with a necessary signature), or if we don’t already have your physical address on file, via email (“Notice”). Better Debt Solutions, LLC, Attn: General Counsel, 2525 Main St Suite 500, Irvine, California 92614 is where you may send notices to BDS. The notice must (1) lay forth the details of the dispute or claim, including its nature and origin, and (2) specify the requested relief (“Demand”). We both agree to make good faith attempts to settle the dispute directly, but if we are unable to do so within 30 days of receiving the Notice, either you or BDS may start an arbitration case. Aside from the purposes of the arbitration and the enforcement of the arbitrator’s decision and award, all documents and information disclosed during the arbitration must be kept strictly confidential by the recipient. They must also not be used by the recipient for any other purposes and must only be disclosed in confidence to those who need to know for those purposes or as required by applicable law.

13.2.6 Enforceability

The parties concur that the exclusive jurisdiction and venue specified in Section 13.1 shall apply to any legal claims arising out of or connected with the Agreements in the event that all or part of this Arbitration Agreement is declared unlawful.

14. Miscellaneous.

14.1 Notice. You may get alerts from BDS by email, normal mail, or website posts. Unless BDS is informed that the email address supplied is incorrect, notice will be deemed delivered twenty-four hours after it is sent. Alternatively, if you supplied a postal address on any website, BDS may send legal notice to that address by mail. In this scenario, three (3) calendar days following the date of mailing, notice will be deemed given.

All notices to BDS must be sent by mail and be in writing to:
Better Debt Solutions LLC
2525 Main St. Suite 500
Irvine, CA 92614

14.2 Terms Severability and Waiver.

Any right or condition of these Terms of Service that BDS does not execute or enforce shall not be deemed to have been waived by BDS . Any waiver of any of the terms of this agreement must be in writing and signed by BDS in order to be valid. The parties agree that, in the event that any provision of these Terms of Service is determined by a court of competent jurisdiction to be invalid, the other terms shall continue in full force and effect and that the court should make an effort to give effect to the parties’ intentions.

14.3 Selection of Law; Forum.

These Terms of Service shall be governed by and construed in accordance with the laws of the State of California applicable to contracts entered into and to be executed solely within California between residents of California, without giving effect to any principles of conflicts of law. The laws of the State of Idaho shall in all respects govern these Terms of Service if you are an Idaho resident.

Except as otherwise agreed by the parties or as indicated in paragraph 13, any claim or disagreement you may have against BDS must be decided by a court in San Diego, California.

 In order to resolve any such claims or disputes, you consent to submit to the personal jurisdiction of the courts situated in San Diego County, California. Since Idaho consumers are subject to Idaho state law, you are exempt from this restriction if you are situated there. All claims that are filed or asserted in violation of Section 13 or this Section 14.3 are deemed to have been filed illegally. If you submit a claim incorrectly, BDS may be entitled to collect reasonable lawyers’ fees and expenses, provided that BDS has given you written notice of the incorrect claim and you have not quickly withdrawn it. Idaho customers are not affected by this.

14.4 Assignment.

Without express prior written agreement from BDS, granted in its sole discretion, you are not permitted to transfer or assign any of your rights or duties under these Terms of Service. You understand and accept, however, that BDS is free to assign or transfer any of its rights or responsibilities under these Terms of Service in any manner it chooses, without restriction or limitation.

14.5 Control over Information

If you provide us any creative items, including ideas, thoughts, drawings, photos, or other materials (collectively, the “Submissions”), you acknowledge and agree that the Company shall own all intellectual property rights in the Submissions and shall retain ownership of the Submissions. The Company shall not be obligated to maintain the confidentiality of any Submissions, and the Company shall not be responsible for any use or disclosure of any Submissions. Without limiting the aforementioned, Company shall exclusively own all currently known or later discovered rights to all Submissions of every kind and nature throughout the world and shall be permitted to use Submissions without restriction for any purpose whatsoever, whether commercial or otherwise, without paying any compensation to the Submissions’ creator.

14.6 Copyright Infringement Policy.

The Company shall look into complaints of copyright infringement and take necessary corrective action as required by the Digital Millennium Copyright Act, Title 17 United States Code Section 512(c)(2) (“DMCA”) requirements. If you think that any of the Content on https://betterdebtsolutions.com has been utilized or copied in a way that violates your intellectual property rights, please send the Designated Agent for the Site a written notice alleging copyright infringement that includes the elements listed below in accordance with the DMCA:

• a written or electronic signature from the person who has the right to represent the owner of the allegedly infringed copyright interest;
• identification of the allegedly infringing work(s), including the work’s copyright date;
• a description of the infringing Content’s location and identification of the allegedly illegal Content that you believe violates the Terms of Service and that you want deleted from the Site or denied access to;
• information that is at least adequate to enable us to contact you, such as your name, contact number, and email address;
• a declaration from you stating that you sincerely believe the use of the Content mentioned in your written notification in the way you are complaining about is not permitted by you, the copyright owner, its agent, or the law; and
• a declaration from you under pain of perjury that the details in your written notice are true and that you are the copyright owner or have permission to act on their behalf.

Contact information for the company’s designated agent for written notifications of copyright infringement allegations is provided below:

Claims of Designated Agent for Copyright Infringement

Better Debt Solutions LLC
2525 Main St. Suite 500
Irvine, CA 92614

Phone: (866) 606-6413
Email: [email protected]

14.7 Complete Agreement.

All past agreements between you and BDS are superseded by these Terms of Service, which together with any other document included by reference herein, govern your use of the websites. Despite the aforementioned, there may be additional terms and conditions that you must abide by if you use or buy some goods and/or services offered by BDS or one of its third-party business partners.

14.8 Survival.

After termination or your decision to stop using the Service, the following clauses will remain in effect: 4, 6, 7, 8, 9, 10, 11, 12, 13 and 14.

FOR YOUR RECORDS, PLEASE PRINT AND RETAIN A COPY OF THESE TERMS OF SERVICE.