The Agreement describes the terms and conditions applicable to your use of the Debt Help Desk (DHD) Website. These terms may be updated by DHD from
time to time without notice to you.
do not agree to be bound by the terms and conditions of this Agreement, you may not use or access the Service.
1. What We Do. The DHD Website is a matching service that helps you find companies and counselors to assist you with financial needs. You
understand and agree that if you submit a request for a service offered through the Website, DHD will share your personal information (such as your full
name, state of residence, telephone number, email, and debt amount) with Providers in our provider network (referred to individually as "Provider" and
collectively as "Providers") to process and fulfill your request about their services.
We carefully screen our providers and offer the opportunity to be on our site only to those we believe are trustworthy and reputable. Please understand the
providers shown on this site are paying clients of ours. We have a marketing relationship with them and we may be compensated for providing your
information as a lead or on a per client obtained basis. You acknowledge that DHD is not a party to any agreement that you may make with the Provider, and
that the Provider is solely responsible for its services to you. You further acknowledge that DHD is not acting as your agent or broker and is not
recommending any particular product or Provider to you. We offer our opinion and our research. The opinions about companies profiled on the DHD website are
ours and we make no warranties, representations, or guarantees regarding the products or services provided by the 3rd party companies on the site. The
opinions are opinions only and any user should do their own research prior to engaging the services of the companies profiled on DHD. Any compensation DHD
may receive is paid by the individual Provider for services rendered by DHD to that particular Provider on a per lead, per sale or per phone contact basis.
DHD does not charge you a fee to use the DHD Website. You understand that DHD does not endorse, warrant, or guarantee the products or services of any the
Providers. We have done research on the companies mentioned on the site and have based our opinions on that research. You agree that DHD shall not be
liable for any damages or costs of any type which arise out of or in connection with your use of the Provider's service.
By submitting your contact request, you are consenting to be contacted by the Provider either by telephone, email or mail based on the information you have
provided to us, even if you have opted into the National Do Not Call List administered by the Federal Trade Commission, any state equivalent Do Not Call
List, or the Do Not Call List of an internal company. You understand that the Provider may maintain the information you submitted to DHD whether you elect
to use their services or not. In the event you no longer want to receive communications from a Provider, you agree to notify the Provider directly. You
also give DHD permission to send you periodic updates on behalf of the Provider which may be of interest to you.
2. Uses of the DHD Website and Service. You certify to DHD that: (i) you are at least eighteen (18) years of age; (ii) you assume full
responsibility for the use of the Service by any minors; (iii) you agree that all information you have submitted to DHD, online or otherwise, is accurate
and complete, and that you have not knowingly submitted false information on or through the DHD Website or Service; and, (iv) your use of the Service is
subject to all applicable federal, state, and local laws and regulations.
3. Prohibited. You must not (i) submit, transmit or facilitate the distribution of information or content that is harmful, abusive,
racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable
person's view, objectionable; (ii) submit, transmit, promote or distribute information or content that is illegal; (iii) attempt to interfere with,
compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (iv) take any action that imposes, or
may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (v) upload invalid data, viruses, worms, or other
software agents through the Service; (vi) use any robot, spider, scraper or other automated access the Service for any purpose without our express written
permission; (vii) impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide
your identity; (viii) submit, upload, post, email, transmit or otherwise make available any information or content that you do not have a right to make
available under any law or under contractual or fiduciary relationships; (ix) interfere with the proper working of the Service; or, (x) bypass the measures
we may use to prevent or restrict access to the Service.
5. Copyright and Trademark Notice Info. All contents of the DHD Website are: Copyright © 2013 — DHD and/or its Providers and third party
vendors. All rights reserved. All trademarks and service marks and other DHD logos, Provider logos, and product service names are trademarks of DHD ("DHD
Marks") and the Providers. Without DHD prior permission, you agree not to display or use in any manner, the DHD Marks. All other logos or brand names shown
on the Service are trademarks of their respective owners and/or licensors.
6. 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 agree that
all materials and/or content, including, but not limited to, articles, artwork, screen shots, graphics, logos, text, drawings and other files on the DHD
Website or as part of the Service are copyrights, trademarks, service marks, patents or other proprietary rights of DHD or their respective intellectual
property owners. Except as expressly authorized by DHD, you agree not to modify, copy, reproduce, sell, distribute or create derivative works based on or
contained within the Service or the Software, in whole or in part.
DHD grants you a personal, non-transferable and non-exclusive right and license to use the code of its Software on a single computer; provided that you do
not copy, modify, create a derivative work of, reserve engineer, decompile, reverse assemble or otherwise attempt to discover any source code, sell,
assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or
form, or to use modified versions of the Software, including, without limitation, for the purpose of obtaining unauthorized access to the Service by any
means other than through the interface that is provided by DHD for use in accessing the Service.
7. Site Links. DHD, through the Service or otherwise, may provide links to other websites. Because DHD has no control
over such websites, you acknowledge and agree that DHD is not responsible for the availability of such external websites, and does not endorse and is not
responsible or liable for any content, advertising, products or other materials on or available from such websites. You further acknowledge and agree that
DHD 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, products, goods or services available on or through any such website.
8. Indemnification. You agree to indemnify and hold DHD, its subsidiaries, affiliates, agents, shareholders, officers, contractors,
vendors and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of
the Service, the violation of the Agreement by you, or the infringement by you, or any other user of the Service using your computer, of any intellectual
property or other right of any person or entity. DHD reserves the right, at its own expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you.
9. No Warranty. DHD PROVIDES THE SERVICE "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY,
PERFORMANCE, ACCURANCY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DHD MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS,
EXPRESS OR IMPLIED. DHD DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION: (i) WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND
NON-INFRINGEMENT; (ii) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; AND, (iii) WARRANTIES OR CONDITIONS THAT ACCESS TO OR
USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
10. Limitation of Liability. IN NO EVENT WILL DHD BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL,
SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE SERVICE, EVEN IF DHD HAS BEEN
ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT,
(2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE
NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR HAVE ANY OTHER DISPUTE OR
CLAIM WITH OR AGAINST DHD WITH RESPECT THIS AGREEMENT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
11. Release. YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE DHD AND ITS AFFILLIATES, PARTNERS, SERVICE PROVIDERS, VENDORS, AND
CONTRCTORS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF
RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER,
WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE.
12. Notice. DHD may provide you with notices, including those regarding changes to the Agreement by posting on this Service.
13. Termination. You agree that DHD may, under certain circumstances and without prior notice, immediately terminate your access to the
Service. Cause for such termination shall include, but not be limited to: (i) breaches or violations of the Agreement or other incorporated agreements or
part thereof); and (iv) unexpected technical or security issues or problems. You agree that all terminations for cause shall be made in DHD's sole
discretion and that DHD shall not be liable to you or any third party for any termination or access to the Service.
14. Dealings with Third Parties. Your correspondence or business dealings with any third parties as a result of your visit and
participation in the Service or any other terms, conditions, warranties, representations associated with such dealings, are solely between you and such
third party. You agree that DHD shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the
result of the presence of such third party on the Service.
15. Disputes. This Agreement will be interpreted in accordance with the laws of the State of California, without regard to the conflicts
of laws principles thereof. The parties agree that any and all disputes, claims or controversies arising out of or relating to the Agreement, its
interpretation, performance, or breach, that are not resolved by informal negotiation within 30 days (or any mutually agreed extension of time), shall be
submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association ("AAA") in San Diego, California, or its
successor. Either party may commence the arbitration process called for herein by submitting a written demand for arbitration with the AAA, and providing a
copy to the other party. The arbitration will be conducted in accordance with the provisions of the AAA's Commercial Dispute Resolutions Procedures in
effect at the time of submission of the demand for arbitration. The costs of arbitration plus reasonable attorneys' fees (including fees for the value of
services provided by in house counsel) shall be awarded to the prevailing party in such arbitration. Judgment on the award rendered by the arbitrator may
be entered in the Superior Court of California, County of San Diego. Notwithstanding the foregoing, the following shall not be subject to arbitration and
may be adjudicated only in the Superior Court of California, County of San Diego: (i) any dispute, controversy, or claim relating to or contesting the
validity of DHD's proprietary rights, including without limitation, trademarks, service marks, copyrights, or trade secrets; or, (ii) an action by a party
for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or provisional relief such as writs of attachments or
THE PARTIES AGREE THAT THIS AGREEMENT HAS BEEN ENTERED INTO AT DHD'S PLACE OF BUSINESS IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND ANY
ARBITRATION, LEGAL ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE COMMENCED AND TAKE PLACE IN THE COUNTY OF SAN DIEGO, STATE OF
16. Modification to Service. DHD 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. You agree that DHD shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Service.
17. Waiver and Severability of Terms. The failure of DHD 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.
18. Disclosure of Your Information. You acknowledge, consent and agree that DHD may access, preserve, and disclose the information we
collect about you if required to do so by law or in good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply
with legal process; (ii) enforce the Agreement; (iii) respond to claims that any information or content violated the rights of the third parties; (iv)
respond to your requests for customer service; or (v) protect the rights, property, or personal safety of DHD, its users and the public.
19. Entire Agreement. The Agreement constitutes the entire agreement between you and DHD and governs your use of the Service, superseding
any prior agreements between you and DHD. You also may be subject to additional terms and conditions that may apply when you use or purchase certain when
you use certain other DHD services, affiliate services, third party content or third party software.
20. Survival. The following paragraphs shall survive termination or your refusal to continue to use the Service: 4, 5, 6, 8, 9, 10, 11,
21. Statute of Limitations. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF
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 BE FOREVER BARRED.