TERMS & CONDITIONS

Date of Last Revision: December 31, 2022

Debt Assistance Center (“DAC”) is an online forum created to help give consumers a voice and keep consumers informed.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE AND ANY INTERACTIVE FEATURES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, GUIDELINES, AND DISCLOSURES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THIS WEBSITE.

These terms and conditions of use (“Site Terms”) apply to your access to and use of the website Debt Assistance Center, LLC (“Company”), located at Debt Assistance Center (the “Site”) and the information and other services provided therein (the “Services”). These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with the Company, or its subsidiaries or affiliates, for products, services, or otherwise. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity’s behalf and personally.

The Company reserves the right to change or modify any of the terms and conditions contained in these Site Terms or any policy or guideline of the Site at any time and in its sole discretion. The Company will provide notice of these changes by posting the revised terms on the Site and indicating on the Site Terms the date it was last updated. Any changes or modifications will be effective immediately upon posting of the revisions on the Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. If you do not agree to the amended terms, you must stop using the Site.

Privacy Policy

Please refer to our Privacy Policy for information on how the company collects, uses, and discloses personally identifiable information from its users.

Consent to Receive Emails

By using the Site, you consent to receive emails from DAC or any of its affiliates, which may include commercial emails provided such emails are in accordance with the preferences you select in the email and notifications page of the Site. You may change such preferences by changing your account settings on the email and notifications page of the Site. Please note that as long as you maintain an account, you may not “opt out” of receiving service or account-related emails from DAC. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright and Limited License

Unless otherwise indicated, the Site and all content and other materials on the Site, including, without limitation, the Company logo, and all designs, text, graphics, pictures, reviews, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of the Company or its licensors or users and are protected by U.S. and international copyright laws.

You are granted a limited, non-sublicensable license to access and use the Site and electronically copy (except where prohibited without a license) and print to hard copy portions of the Site Materials for your informational, non-commercial, and personal use only. Such license is subject to these Site Terms and does not include or authorize:

• (a) any resale or commercial use of the Site or the Site Materials therein;
• (b) the collection and use of any professional listings, pictures, profiles, ratings, or descriptions;
• (c) the distribution, public performance, or public display of any Site Materials;
• (d) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof;
• (e) use of any data mining, robots, or similar data gathering or extraction methods;
• (f) downloading (other than the page caching) of any portion of the Site, the Site Materials, or any information contained therein, except as expressly permitted on the Site;
• (g) any use of the Site or the Site Materials other than for its intended purpose.

Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of the Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time.

If you believe that any material on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with our Office as set forth below.

Email Address of Designated Agent: info@DebtAssistanceCenter.com

Debt Assistance Center, LLC ARIZONA

We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user’s email address in our records, or by written communication sent by first-class mail to a user’s address in our records.

Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances and at the Company’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. The Company may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

At a minimum, any DMCA removal request is required to include at least the following things:

1. Your name, address, telephone number, and email address
2. A description of the copyrighted work that you claim has been infringed
3. The exact URL or web address where the alleged infringing material is located
4. A statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law
5. Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf
6. A statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf

Trademarks

DAC, the Company logo, and any other product or service name or slogan contained in the Site are trademarks of the Company and its suppliers or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “DAC” or any other name, trademark, or product or service name of the Company without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark, and/or trade dress of the Company and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned in the Site are the property of their respective owners.

Information on the Site

The Company does not select, screen, approve, endorse, or limit who can post information or reviews (collectively, “Information”). In addition, although we reserve the right to review, remove, or edit any content from the site, we do not routinely screen, monitor, or review the content of any such Information. As a result, we have no control over and do not warrant or guarantee the accuracy, adequacy, applicability, completeness, currency, or quality of any such Information or the qualifications of those posting Professional Information. DAC SHALL HAVE NO RESPONSIBILITY OR LIABILITY OF ANY KIND FOR ANY PROFESSIONAL INFORMATION YOU ENCOUNTER ON OR THROUGH THE SITE, AND ANY USE OR RELIANCE ON PROFESSIONAL INFORMATION IS SOLELY AT YOUR OWN RISK.

Disclaimers and Acknowledgements Regarding Use of Site Information

THE SITE, THE SITE MATERIALS (INCLUDING ANY INFORMATION) AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT, OR MATERIALS IN THE SITE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT SITE MATERIALS, INCLUDING THE INFORMATION AVAILABLE IN OR ON THE SITE, OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

While the Company endeavors to provide and to allow others to provide useful information regarding professionals and professional services, you acknowledge that such information is reliant upon third-party data and contributions, that there are certain inherent limitations to the accuracy or currency of such information, that professional and other information may be incomplete or may contain inaccuracies (including without limitation any interpretations and reviews of such information and Site Materials, such as DAC Ratings or Information), and that information on the Site may be outdated or contain errors, omissions, or misinterpretations of information. You further acknowledge that a DAC Rating and the other information contained in a professional’s profile, such as descriptions of a professional’s areas of practice or specialization (including percentages devoted to each), and other data, summaries, or descriptions on the Site, are based on the data obtained by or submitted to the Company, which may be incomplete or inaccurate, and rely on automated interpretations of the information gathered by or submitted to the Company. A DAC Rating reflects the Company’s assessment of a given company, based upon the information obtained by or submitted to the Company; someone else’s assessment of the same company may be different or based upon different information. Neither DAC Ratings nor any of the other information contained on the Site are an endorsement of this information. Furthermore, you should independently verify the accuracy of any information you obtain on the Site before using it, and you should obtain independent references for any company you are considering hiring. You agree to be solely responsible for your use of the Site, the Site Materials, and the Services, and for determining the suitability of, and the results obtained from, any company you hire.

THE COMPANY IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS IN ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION COMPANY INFORMATION. WHILE THE COMPANY ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE SAFE, THE COMPANY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S), OR ANY CONTENT OR MATERIALS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES, SPYWARE, MALWARE, AND OTHER HARMFUL OR OTHERWISE UNDESIRABLE COMPONENTS FROM ANY DOWNLOAD.

The Company reserves the right to change any and all content contained in the Site and any Services offered through the Site at any time without notice. Reference to any service providers or organizations, educational institutions, associations, organizations, publications, licenses, accreditations, ratings, evaluations, endorsements, reviews, products, services, processes, or other information, by name, trade name, trademark, manufacturer, supplier, or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation therewith, by the Company.

Limitation of Liability

IN NO EVENT SHALL THE COMPANY OR ANY OF ITS CORPORATE AFFILIATES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS, OR CONSULTANTS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AND AGENTS, BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO MEDICAL OUTCOMES, THE OUTCOME OF LEGAL MATTERS, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH ANY USE OF THE SITE, THE SERVICES, THE CONTENT, OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES, LOSS, OR INJURY CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM THE COMPANY OR THE SITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE COMPANY’S RECORDS, PROGRAMS, OR SERVICES. THE AGGREGATE LIABILITY OF THE COMPANY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE SITE OR THE SITE MATERIALS, SHALL NOT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO THE COMPANY FOR ACCESS TO OR USE OF THE SITE.

Third-Party Content

The Company or users may provide links to web pages and content of third parties as a service to those interested in such links and content, and the Company may post third-party content or allow users to post their content or third-party content to the Site, including without limitation Professional Information (such content is collectively referred to as “Third-Party Content”). The Company does not monitor or have any control over any Third-Party Content or third-party websites. The Company does not endorse or adopt any Third-Party Content or third-party websites and can make no guarantee as to their accuracy or completeness. The Company does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third-Party Content or third-party websites. Users use these links, Third-Party Content, and third-party websites at their own risk.

Third-Party Services

The Site may also contain, provide information regarding, or link to certain applications and services provided or offered by third parties (collectively the “Third-Party Services”), including without limitation information related to professional services. The Company is merely an information provider and is not a referral service, and it does not recommend or endorse any such Third-Party Services or monitor or have any control over such Third-Party Services. Therefore, the Company makes no guarantee, representation, or warranty of any kind as to the quality, competency, value, reliability, responsiveness, accuracy, or completeness of any such Third-Party Services or the results obtained therefrom, and the Company assumes no responsibility or liability for any Third-Party Services or for the actions or failure to act of those providing such Third-Party Services. You assume full responsibility for your use of any such Third-Party Services, and the Company is not responsible or liable for any Third-Party Services.

Advertisements and Promotions

The Company may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than the Company, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. The Company is not 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 non-Company advertisers on the Site.

Submissions

You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, feedback, plans, notes, original or creative materials, or other information, provided by you in the form of email or other submissions to the Company, or any postings on the Site, are non-confidential and shall become the sole property of the Company. The Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Posted Content & Other Interactive Services or Areas

The Site includes areas in which users may post content and information, including without limitation reviews, messages, questions and answers, guides, comments, data, text, photos, graphics, or other materials (the “User Content”). You agree not to post, upload to, transmit, distribute, store, create, or otherwise publish through the Site any of the following:

• User Content that is false, misleading, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable, including without limitation any recommendation, endorsement, rating, or review of any company with whom you have not had direct, personal experience in a professional context or as a client of such company;
• User Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, violate any applicable rules of professional conduct, or that would otherwise create liability or violate any local, state, national, or international law;
• User Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content as provided under these Site Terms;
• User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
• Unsolicited promotions, political campaigning, advertising, or solicitations, including without limitation any advertisements for professional services, professional service providers, or professional referral services;
• Private or confidential information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers;
• Viruses, spyware, malware, corrupted data, or other harmful, disruptive, or destructive files;
• Any answers, responses, comments, opinions, analysis, or recommendations that you are not properly licensed or otherwise qualified to provide; and
• User Content that, in the sole judgment of the Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose the Company or its users to any harm or liability of any type.

The Company takes no responsibility and assumes no liability for any User Content posted, stored, or uploaded by you or any third party, or for any loss or damage thereto, nor is the Company liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. Enforcement of the User Content or conduct rules set forth in these Site Terms is solely at the Company’s discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Site will not contain any content that is prohibited by such rules. As a provider of interactive services, the Company is not liable for any statements, representations, responses, comments, or other User Content provided by its users in any review, rating, forum, question, answer, or guide. The Company has no obligation to screen, edit, or monitor any of the User Content posted in any interactive Area. However, the Company reserves the right, and has absolute discretion, to remove, screen, or edit any User Content posted or stored on the Site at any time and for any reason without notice. Any use of the interactive areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the interactive areas and/or the Site.

If you post User Content to the Site, unless we indicate otherwise, you grant the Company and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content throughout the world in any media. You grant the Company and its affiliates and sublicensees the right to use the name that you submit in connection with such User Content if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site and to grant the rights granted herein; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply do not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its corporate affiliates, independent contractors, service providers, and consultants, and each of their respective directors, employees, and agents, from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content you post, store, or otherwise transmit on or through the Site or your use of or inability to use the Site or the Services, including without limitation any actual or threatened suit, demand, or claim arising out of or relating to the User Content, your conduct, your violation of these Site Terms, or your violation of the rights of any third party.

Applicable Law and Venue

These Site Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of Arizona applicable to agreements made and to be entirely performed within the State of Arizona (even if your use is outside of the State of Arizona), without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to the Site or these Site Terms shall be filed only in the state and federal courts located in Arizona, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts.

Termination

Notwithstanding any of these Site Terms, the Company reserves the right, without notice and in its sole discretion, to terminate your license to use the Site and to block or prevent your access to and use of the Site.

Severability

If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.

General Terms

You will not take any action or assist, encourage, induce, or request that anyone else take any action which may impair or negatively affect the visibility or ranking of DAC pages in search engines such as Google, Bing, Yahoo!, or the like. You will not insert or cause to be inserted any HTML, JavaScript, PERL, or any other form of computer code into any DAC data field or into any webpage on DAC. You will not do, or aid anyone else in doing, anything that could disable, overburden, or impair the proper working of DAC, such as a denial of service attack.