This Agreement ("Agreement") is entered into by and between Debt Defense Solutions (the Company), with an address of 507 N Sam Houston Pkwy E Ste 211 Houston, Tx 77060 and you, the individual utilizing our Services ("customer", "you" or "your"). You may utilize the Services only in adherence to the Terms and Conditions Agreement and by complying with federal and state laws.
The Terms and Conditions Agreement establishes the relation between Debt Defense Solutions (the company) and you. We can revise these Terms and Conditions Agreement by publishing the updated Terms and Conditions Agreement on Site (Described below).
We may cease your access to the Services at any time. You can identify the date when the Terms and Conditions Agreement was last revised by referring to the "Last Edited" note at the end of the agreement. Continuing to use the Services after we have published an revised Terms and Conditions Agreement represents your agreement of the edited Terms and Conditions Agreement.
COMPANY IS NOT A CREDIT REPAIR ORGANIZATION.
The Company is not a credit repair organization, or similarly regulated organization under other applicable law and does not provide any form of credit repair advice or counseling.
Consent for Text, Push Notifications and E-Mail:
You give the Company express written permission to receive text messages or push notification alerts from the Company, or partners acting on the Company's behalf, at the telephone number you give to the Company, even if you have registered your mobile device number on any state or federal "do not call" registry. Your express, written consent pertains to messages and alerts in respect to the Company services. Through giving your email to the Company, you agree that the Company, or partners acting on our behalf, may e-mail you notification pertaining to any aspect of providing the Services to you disregarding the enrollment of your email with any state or federal "do not email" registry. The Company will never send sensitive personal identification information to you through text, email, phone or push notification.
Indemnification:
You consent to indemnify the Company, its officers, directors, employees, and bank partners against all losses, costs, and damages encompassing reasonable attorneys' fees, deriving from any transgression of this Agreement (including negligent or wrongful conduct) by you or any other person utilizing the Service.
Any cause of action or claim you may have in regards to the Service must begin inside of one (1) year after the claim or cause of action occurred or such claim or cause of action is blocked. The Company failure to enforce stringent conduct of any clause of this Agreement shall not be interpreted as a relinquishment of any clause or right. Neither the actions between the parties nor business practices shall cause a modification to any part of this Agreement. The Company can appoint its rights and responsibilities specified by this Agreement to any entity at any time without communication to you.
At no time shall the Company be liable for any direct, indirect, punitive, incidental, or any damages whatsoever encompassing, without limitation, cost for loss of use, data or profits, deriving out of or in any way related with the use or conduct of the document preparation service, with the delay or inability to utilize the documents, the provision of or failure to provide services, or otherwise deriving out of the utilization of the Services, regardless of it being based on contract, tort, negligence, strict liability or otherwise, even if the Company has been advised of the possibility of problems. Any services or content accessed during the use of the Services is completed at your own volition and judgement and you will be solely responsible for any damage to your credit.
Should you be unhappy with any aspect of the services, or with any part of the Terms and Conditions Agreement, your only action is to immediately cease your utilization of the services.
Governing Law and Resolution:
The Terms and Conditions Agreement will be subject to and construed under the laws of the State of Texas, without reference to the conflicts of law provisions thereof.
The Terms and Conditions Agreement includes a pre-dispute arbitration clause, which applies to these Terms and Conditions. By clicking the "Next" button and agreeing to the Terms and Conditions Agreement, the Company and you agree as follows:
All parties to the Terms and Conditions Agreement are forfeiting the right to sue each other in court, including the right to a trial by jury, save as provided by the rules of the arbitration forum in which a claim is filed.Arbitration awards are generally final and binding; a party's ability to have a court reverse or change an arbitration award is very limited.The capacity of the parties to access documents, witness statements and other discovery is generally more limited in arbitration than in court proceedings.The rules of some arbitration forums may establish time constraints for bringing a claim in arbitration. In some situations, a claim that is ineligible for arbitration may be brought in court.
Pre-dispute arbitration clause: You understand and consent that all claims, disagreements, disputes or controversies between you and the Company , and its officers, directors, employees, representatives, agents, and/or related companies, including pertaining to the Services, shall be resolved by final and binding arbitration.
Neither you nor we shall be entitled to join or consolidate claims in arbitration by or against other customers/consumers or arbitrate any claim as a representative or member of a class or in a private attorney general capacity. The parties voluntarily and knowingly waive any right they have to a jury trial.
NO CLASS ACTIONS. To the fullest extent allowed by applicable law, you agree that any and all disputes, claims and causes of action you may take against the Company and its bank partners in relation with or pertaining to the Services will be settled individually, without resort to any form of class action.
You and the Company acknowledge that any disagreement or claim between You and the Company, or between You and any of the officers, employees, agents, or affiliated companies of the Company, deriving out of or pertaining to the Terms and Conditions Agreement, any of the transactions contemplated under these Terms and Conditions, any of the Services provided pursuant to these Terms and Conditions, any of the discussions or negotiations leading up to the creation of the Terms and Conditions Agreement, or any accord that is the byproduct from any of the preceding, whether established in contract, or an purported breach, or on any other legal theory, and whether affirmed as an original or amended claim, counterclaim, cross claim, or otherwise, shall be ruled by federal law and all relevant substantive laws of the State of Texas (without regard to its conflict of laws principles). Governing Texas law may be supplemented as necessary by federal law. You consent that if there is any deviation between the terms of the Terms and Conditions Agreement and any relevant law, the terms of the Terms and Conditions Agreement will prevail to the limit any such law, regulation or rule may be modified by agreement.
To the highest degree allowed by pertinent law, no action, regardless of design, deriving out of the Terms and Conditions Agreement may be delivered by either party after two (2) years from when the claiming party was aware or should have been aware of the cause of action.
You agree that no joint venture, partnership, employment, or agency relationship is established between you and the Company as a part of the Terms and Conditions Agreement or utilizing the Services. The Company's conduct under the Terms and Conditions Agreement is accountable to current laws and legal method, and nothing enclosed in the Terms and Conditions Agreement is in derogation of the Company's right to abide with governmental, court and law enforcement inquiry or condition pertaining to your utilization of the Services or information given to or accumulated by the Company with regards to such utilization.
Termination:
The term of the Terms and Conditions Agreement will persist until canceled by you or the Company as described below.
We may terminate your ability to access our Service immediately if you do not follow and abide by the Terms and Conditions Agreement. In addition, the Company maintains the capacity to terminate your utilization of our Services at any time, in our complete discretion, without cause.
Entire Agreement:
Our Terms and Conditions Agreement acts as the entire relationship between you and the Company governing the Services. In the occurrence of any disagreement between these Terms and Conditions and the clauses of a third-party agreement, the terms of the Terms and Conditions Agreement will prevail as regarding you and the Company.
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