PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING
THIS WEB SITE, 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, DO NOT USE THIS
WEBSITE.
These terms and conditions of use (“Site Terms“) apply exclusively to your
access to, and use of, the
Debthunch Web site owned and operated by InboundProspect, Inc. dba Debthunch and located at
www.Debthunch.com (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 Debthunch 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 that such entity agrees to indemnify you and
Debthunch for
violations of these Site Terms.
Debthunch 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. Debthunch
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 modification 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.
1. Privacy Policy
Please refer to our Privacy Policy for information on how we collect, use and disclose
personally
identifiable information from Site users.
2. Consent to Telephone Communication
You give Debthunch and its partners express written consent, to call (including prerecorded
messages) or
text the telephone number provided with your Loan Inquiry using an automatic telephone dialing
or
messaging system. You acknowledge that receipt of telephone calls and text messages to a mobile
telephone number may be subject to service provider charges. If you do not want to receive
telephone
calls or text messages to this telephone number, then you can unsubscribe by sending an email to info@debthunch.com
with the subject line “STOP CALLS” or by calling a customer service representative at 1 (800)
299-3511.
3. Debt Consolidation Company Selection
Process
Debthunch offers debt consolidation request services, explained in more detail below. Pursuant
to the contracts
between Debthunch and its debt consolidation companies, Debthunch may also receive information
from your debt
relief company regarding the status of your application including, but not limited to, the
amount
or disposition of your debt consolidation. Information specific to your debt consolidation
company’s use of your
information will be found in your debt consolidation company’s specific Privacy Policy. You are
providing
express written consent for Debthunch and the selected debt consolidation company to share
this private
personally identifiable information for these purposes, litigation, regulatory request, law
enforcement
requests, internal analytics and/or for marketing purposes.
Terms Applicable to All debt consolidation Request Services
Debthunch is not a debt consolidation company or a creditor. Debthunch does not make debt
consolidation or credit
decisions in connection with debt consolidation. Debthunch does not endorse or recommend the
products of any
particular debt consolidation company. Debthunch is not an agent of either you or any debt
consolidation company.
Debthunch’s services are only administrative. You should rely on your own judgment in deciding
which
available debt consolidation product, terms or debt consolidation company best suits your
needs and financial
means. The debt consolidation company is solely responsible for its services to you, and you
agree that
Debthunch shall not be liable for any damages or costs of any type arising out of or in any way
connected with your use of such services. You understand that debt consolidation companies may
keep your debt
relief request information and any other information provided by Debthunch or received by them
in the
processing of your debt consolidation request, whether or not you are qualified for debt
consolidation with them or if
you purchase debt consolidation services from them. You agree to notify any particular debt
consolidation company
directly if you no longer want to receive communications from them.
The websites and the services provided by Debthunch are available in connection
with debt consolidation services
unless otherwise specified. debt consolidation services may only be made available to residents
of states where
debt consolidation companies are licensed or authorized to offer such debt consolidation
services. debt consolidation
companies are not attempting to offer debt consolidation services outside of their authorized
states or country
by participating in and offering their products on the websites. Debthunch and debt
consolidation companies
expressly reserve the right to discontinue, suspend or terminate the offering of any debt
consolidation product
in any specific state through the websites at any time, without prior notice.
The data and other information you may provide Debthunch is not, and is not
treated as, an application
for debt consolidation services or a request to be pre-approved, pre-qualified or any similar
concept.
Debthunch does not guarantee acceptance into any particular debt consolidation program or
specific debt consolidation
terms or conditions with any debt consolidation company; debt consolidation approval standards
are established and
maintained solely by individual debt consolidation companies. Likewise, Debthunch does not
guarantee that the
debt consolidation terms or rates or fees offered and made available by debt consolidation
companies are the best
terms or lowest rates or fees available in the market. A debt consolidation company’s
conditional debt consolidation
offer may be subject to market conditions, approval and qualification. The rates and fees
actually
provided by debt consolidation companies may be higher or lower depending on your complete
credit profile,
collateral/property considerations (if applicable) including but not limited to location and
income/asset consideration including but not limited to debt to income ratios. Unless expressly
stated
in writing, nothing contained herein shall constitute an offer or promise for a debt
consolidation commitment
or interest rate lock-in agreement. debt consolidation companies may not offer all products as
well as not
offer products in all states. You might not be matched with the debt consolidation company making
any
specific offer. To help the government fight identity theft, the funding of terrorism and money
laundering activities, Debthunch and/or its debt consolidation companies may obtain, verify and
record
information that identifies each person who opens an account with them. They may ask for your
name,
Social Security Number, address, telephone number, date of birth and other important information
that
will allow them to properly identify you. During the debt consolidation company’s formal
application process,
they may also ask to see your driver’s license or other identifying documentation to further
assist in
certifying your identity.
Debthunch is paid a marketing lead generation fee by debt consolidation
companies for the goods, facilities and
services provided. Your use of the Websites and/or Debthunch’s services constitutes your
agreement with
this compensation arrangement. At closing, you will be responsible for paying for any costs
associated
with your debt consolidation services (such as debt consolidation negotiation or resolution
fees). Debthunch does not
charge you a fee for its service in matching you with debt consolidation companies.
By clicking on any button indicating an acceptance or agreement to terms, a
continuance of processing or
submission (“submission”) you understand that you are consenting, acknowledging and agreeing to
the
stated terms and conditions of that submission and that you are submitting an inquiry as to a
debt
relief or credit repair product through Debthunch to each of the debt consolidation companies to
whom your debt
relief request is transmitted. You are also indicating that you are consenting, acknowledging
and
agreeing to receive important notices, disclosures and other communications (“Disclosures and
Communications”) in electronic form (either by email or via the Internet) as provided for in the
Consent
for Electronic Disclosures and Communications from Debthunch and its debt consolidation
companies. You
understand that you will need, and have access to an email address, Internet access and PDF
software to
review the Disclosures and Communications. In addition, you acknowledge that debt consolidation
companies may
access your credit file even if your Social Security Number is not provided and that you have
received
and reviewed and, where applicable, signed the necessary required disclosures. Not all debt
consolidation
companies will receive and/or utilize your Social Security Number to access your credit report
and/or
credit score. From time-to-time Debthunch is examined by State and Federal Regulators and as
such is
required to maintain your Personally Identifiable Information to adhere to those requirements.
Your
information may also be obtained from debt consolidation companies after you are matched to
adhere to state and
federal reporting and record retention requirements. You authorize Debthunch and its
participating debt
relief companies to share such information as required.
By submitting the debt consolidation request containing your electronic
signature, you are extending an express
invitation to each debt consolidation company you have been matched with to contact you by
telephone at
the numbers (whether landline or mobile) you have provided so they may assist you with your
transaction,
and you hereby consent to any such calls even if your phone number is on any Do Not Call list,
or by
email at the email address you provided or at another address that may be associated with you
that we
receive from debt consolidation companies or other parties and you hereby consent to any such
email so it will
not be considered spam or unauthorized by any local, state or federal law or regulation. In
addition,
you consent, acknowledge and agree that Debthunch, a debt consolidation company with whom
you have been
matched or an associated third party may use an automatic dialing system in connection with
calls made
to any telephone number you entered, even if it is a mobile phone number or other service for
which the
called person(s) could be charged for such call. By saving your information with Debthunch or by
doing a
submission, you give Debthunch permission to retain all such provided information and to make
live or
recorded calls to discuss, provide or remind you of any information in regards to your
submission,
including incomplete debt consolidation requests, the delivery of debt consolidation request
matches, deadlines,
quality of services or other matters in connection with your debt consolidation request. For any
service, you
represent that all of the information you have provided in your submission and debt
consolidation request is
true and complete. You have the right to receive any document in non-electronic form and to
withdraw
your consent to electronic delivery at any time by contacting Debthunch at
info@debthunch.com.
When you “submit” information, or otherwise register for services through the
Debthunch website or
otherwise, you understand and agree that you have established a business relationship between
you and
Debthunch which is the owner of this site. Accordingly, Debthunch may send your information to
its
affiliates as provided in the Privacy Policy and you agree that Debthunch and/or its Companies
may
contact you using information you provided with information and offers of services available
through
Debthunch and the websites. You hereby consent to any such communication or phone calls even if
your
phone number is on any Do Not Call list. If at any time you do not wish to continue to receive
communications from Debthunch or its Companies’ or its affiliates’ communications you agree to
notify
Debthunch at 1 (800) 299-3511 or by emailing info@debthunch.com directly if you no
longer want
to receive other forms of communications from us.
4. Copyright and Limited License
Unless otherwise indicated, the Site and all content and other materials on the Site, including,
without
limitation, Debthunch 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 Debthunch 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 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; or
(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 our prior written
permission, is
strictly prohibited and will terminate the license granted herein. Such unauthorized use may
also
violate 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.
5. Disclaimers and Acknowledgements Regarding Use of
Site Information
THE SITE, THE SITE MATERIALS (INCLUDING ANY DEBT CONSOLIDATION INFORMATION) AND THE SERVICES ARE
PROVIDED ON AN
“AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE
DISCLAIM
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. WE DO 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. WE DO NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR
OTHER
HARMFUL COMPONENTS.
While we endeavor to provide and to allow others to provide useful information
regarding debt consolidation
companies and related 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 information may be incomplete or may contain inaccuracies (including without
limitation any interpretations and reviews of such information and Site Materials), and that
information
on the Site may be outdated or contain errors, omissions or misinterpretations of information.
You
further acknowledge that a Debthunch rating and other data, summaries or descriptions on the
Site are
based on the data obtained by or submitted to us, which may be incomplete or inaccurate, and
rely on
automated interpretations of the information gathered by or submitted to Debthunch. A Debthunch
rating
reflects our assessment of a given debt consolidation company based upon the information
obtained by or
submitted to us; someone else’s assessment of the same entity may be different or based upon
different
information. Neither a Debthunch rating nor any of the other information contained on the Site
are an
endorsement of any particular debt consolidation company or are a guarantee of quality,
competency,
qualifications, experience, resources, character, honesty, integrity, responsiveness or other
characteristics, nor are they a predictor of the outcome of any matter in which such entity is
involved.
You agree to be solely responsible for your use of the Site and the Site Materials and for
determining
the suitability of, and the results obtained from, any debt consolidation company you
contact.
Additional information about Site Materials, the sources of information
displayed on the Site, and other
important matters is contained within the Site, and you acknowledge and agree that your use of
the Site,
or of any information or features in or on the Site, is informed by and subject not only to
these Site
Terms but also by the information and explanation available on these pages.
WE ARE NOT RESPONSIBLE FOR ERRORS OR OMISSIONS IN ANY INFORMATION OR MATERIALS
CONTAINED ON THE SITE.
WHILE WE ATTEMPT TO MAKE YOUR ACCESS AND USE OF THE SITE SAFE, WE CANNOT AND DO 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.
We reserve 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,
governmental
entities, educational institutions, associations, organizations, publications, licenses,
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 Debthunch.
6. Limitation of Liability
IN NO EVENT SHALL DEBTHUNCH 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, 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 OFFERED THEREON, 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
DEBTHUNCH 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
OUR
RECORDS, PROGRAMS OR SERVICES. OUR AGGREGATE LIABILITY, 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 TO US FOR ACCESS TO OR USE OF THE SITE, WHICH AMOUNT MAY BE ZERO.
7. Third Party Content; Third Party
Services
Debthunch or Site users may provide links to Web pages and content of third parties as a service
to
those interested in such links and content, and we may post third party content or allow users
to post
their content or third party content to the Site (such content is collectively referred to as
“Third
Party Content“). We do not monitor or have any control over any Third Party Content or third
party Web
sites. We do not endorse or adopt any Third Party Content or third party Website and can make no
guarantee as to its accuracy or completeness. We do not represent or warrant the accuracy of any
information contained therein and undertake 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.
Debthunch is an online resource for consumers who are evaluating the costs and
benefits of acquiring a
debt consolidation. Debthunch provides consumers with opportunities to contact debt
consolidation debt consolidation
companies in order to receive information from them, including interest rate quotes, debt
consolidation
application reviews, debt consolidations and other professional services related to debt
consolidations. Debthunch, in
turn, may receive a fee from these debt consolidation debt consolidation companies for providing
them with the
opportunity to respond to submitted requests (opportunities). Debthunch does not charge
consumers a fee
either to use the Site or any of the Services. Neither is Debthunch itself a debt consolidation
company. Under
no circumstance will Debthunch be liable in any way for services or products provided by third
parties,
including debt consolidation companies, Third-Party Vendors, or for any loss or damage of any
kind incurred as
a result of the use of, or reliance upon, such products or services.
8. Advertisements and Promotions
We 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 Debthunch, and
any terms,
conditions, warranties or representations associated with such dealings, are solely between you
and such
third party. We are 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 advertisers on the Site.
9. Submissions
You acknowledge and agree that any materials, including but not limited to questions, comments,
reviews,
suggestions, ideas, feedback, plans, notes, original or creative materials or other information,
provided by you in the form of email or other submissions to us, or any postings on the Site,
are
non-confidential and shall become our sole property. Debthunch 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.
10. Indemnification
You agree to defend, indemnify and hold harmless Debthunch, 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 data or materials you
post,
store or otherwise transmit on or through the Site (“User Content”) or your use of or inability
to use
the Site or the services offered thereon, including without limitation any actual or threatened
suit,
demand or claim arising out of or relating to User Content, your conduct, your violation of
these Site
Terms or your violation of the rights of any third party.
Arbitration Agreement and Class
Action Waiver. You agree to arbitrate all
disputes and claims that arise out of or relate to your use of the this website and any services
we may
provide to you. Therefore, you agree that, by using the Service, YOU ARE WAIVING THE RIGHT TO A
TRIAL BY
JURY OR TO PARTICIPATE IN ANY CLASS ACTION BASED ON OR INVOLVING CLAIMS BROUGHT IN A PURPORTED
REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC, OTHER USERS, OR PERSONS SIMILARLY
SITUATED.
This agreement to arbitrate includes, without limitation, claims arising out of or relating to
the
Service or your use thereof, regardless of when they may arise. Any arbitration proceeding
brought
under this section shall be conducted by an arbitration service provider chosen by Debthunch
applying
California law. The arbitration may be conducted telephonically, with the costs to be
split evenly
between the parties.
Limitation of Actions. Any
claim or cause of action arising out
of your use of the Site or our services must be filed within one year after
such claim or cause of action arose or it shall forever be barred, notwithstanding any statute
of
limitations or other law to the contrary. Within this period, any failure by Debthunch to
enforce or
exercise any provision of these Terms of Service or any related right shall not constitute a
waiver of
that right or provision.
Modification and Notice of
Changes: Debthunch reserves the
right to modify these Terms of Service at any time. If we elect to modify these Terms, we
will
post a notice informing users of the change on the Site. You are responsible for reviewing
the
modified Terms of Service, and accessing this Site after any changes to these Terms have been
posted
thereon will constitute your acceptance of all such changes. You have the right to accept or
reject any
changes in these Terms. If you reject any changes in these Terms, please discontinue use of the
Site
immediately. Unless specifically stated otherwise, any new features, products or services added
to the
Site shall be subject to these Terms. Some new features may require your acceptance of new or
additional
terms before use.
Entire
Agreement. This Terms of Service and
any document
incorporated by reference herein constitute the entire agreement between you and us and govern
your use
of the Service, superseding any prior agreements between us.
11. 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 California applicable to agreements made and to be entirely performed within California (even
if your
use is outside of California), 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 California, and you hereby irrevocably and
unconditionally consent and submit to the exclusive jurisdiction of such courts.
12. Termination
Notwithstanding any of these Site Terms, we reserve the right, without notice and in our sole
discretion, to terminate your license to use the Site, and to block or prevent your access to
and use of
the Site. We reserve the right to refuse service to anyone for any reason at any time.
13. 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.
14. Top Debt Consolidation Companies
Top is the designation used by Debthunch to classify a select group of debt consolidation
companies that
have passed Debthunch’s proprietary debt consolidation screening criteria, which was
designed to identify
debt consolidation companies that have demonstrated good performance in categories such as
industry best
practices, customer service, financing, affordability, product quality, consumer reviews and
ratings and
other factors. At the time of selection, all debt consolidation companies passed
Debthunch’s proprietary
screening criteria in the aforementioned categories. No guarantees or warrantees, expressed or
implied,
are made by Debthunch on behalf of the top debt consolidation companies. (reference
Paragraph 3).
15. Questions & Contact Information
All questions or comments about the Site or its contents should be directed to us by mail, phone
or
email.
16. Corporate Information
Debthunch
1301 Dove Street, Suite 830
Newport Beach, CA 92660
info@debthunch.com
Date of Last Revision: July 4, 2019