cutmydebt.com Terms and Conditions

Effective: June 13, 2022

By accessing the cutmydebt.com website (the “Website” or “CMD”), you agree to be bound by these Terms and Conditions (the “Terms”) and all policies and guidelines incorporated by reference. These Terms and Conditions comprise the entire agreement and supersede any prior agreements pertaining to the subject matter contained herein. Please read these Terms carefully. If you do not agree to these Terms, please exit the Website immediately. This Agreement contains a binding arbitration agreement, which provides that you and we agree to resolve certain disputes through binding individual arbitration, and give up any right to have those disputes decided by a judge or a jury.

Description of the Service

The CMD Website provides information regarding CMD debt resolution services, which include debt negotiation and settlement services, as well as any other related services performed by CMD or its Partners (collectively the “Services”). In order to use the Website, you must obtain access to the Internet, either directly or through devices that access web-based content.

Privacy Policy

CMD may use your Personal Information in any manner consistent with the CMD Privacy Policy, which is incorporated into, and made part of, these Terms. For additional information regarding CMD usage of such information collected, please refer to the CMD Privacy Policy available on the CMD Website.

User Conduct

As a condition of your use of the Services you, the User, agree to provide: (a) true, accurate, current, and complete information about yourself as required; and, (b) maintain and promptly update the Registration Information to keep it accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, CMD has the right to terminate the User account, and refuse any and all current or future use of the Service. CMD has the right to use and/or disclose the aggregate Registration Information to third-parties in connection with marketing of services, subject to the Privacy Policy. You have also consented to allow CMD the right to use your Registration Information to provide targeted advertising, and other service offers. This could also be used to customize the content you see, to fulfill your requests for certain products and services, and to contact or inform you through email or otherwise about special offers or new products.

Usage Obligations

As a condition of your use of the Service, you will not use the Service for any illegal purposes. You will be solely responsible for the contents of transmissions made by you through the Service.

You agree not to use the Service to: (a) Obstruct or hinder the use and enjoyment of the Service by other Users; (b) Violate any applicable local, state, national, and international laws and regulations; (c) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) Interfere with or disrupt the Service, or servers or networks connected to the Service, or defy any requirements, regulations or guidelines of networks connected to the Service; (e) Transmit or otherwise make available any material in connection with surveys, chain letters, junk email, spamming, contests, pyramid schemes, or any duplicative or unsolicited messages (commercial or otherwise); (f) Upload, post, email, transmit or otherwise make available any content that is unlawful, damaging, intimidating, hostile, offensive, harassing, defamatory, improper, obscene, vulgar, invasive of another’s privacy, caste related, ethnically or otherwise objectionable; (g) Upload, post, email, transmit or otherwise make available any content protected by any patent, trademark, copyright or other intellectual property laws unless you own or control the rights thereto or have received all necessary consents to do the same; (h) Upload files that contain viruses, worms, corrupted files or any other similar software or programs designed to disrupt, damage or limit the operation of any computer or telecommunications equipment or property of another; (i) Advertise, promote or offer to sell or buy any goods or services for any business purpose unless the Service specifically allows such messages or transactions; and (j) Reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion, use or access of the Service.

Debt Decisions

CMD is not a debt collector and does not make debt collection decisions. CMD does not guarantee that any Partner will offer you a debt resolution, debt relief, or debt consolidation service. CMD does not guarantee that the price, product, availability, rates, fees, or any other services offered and made available by Partners through the Service are the best terms or services available in the market.

Once you submit a Request Form, CMD shares your information with our Partners. By submitting a Request Form, you understand and agree that you are requesting debt resolution services from such Partners. You are also agreeing that CMD and the Partners may contact you by any means or technology, including but not limited to, email, telephone, SMS, and direct mail, so that they may assist in processing your Request Form or provide information to you about additional offers or services now or in the future.

Electronic Disclosure

CMD and our Partners will provide notices, disclosures, authorizations, acknowledgements, and other documents and communications electronically. You agree to receive all required disclosures and documents electronically by clicking on the button labeled "I Agree" or “Accept” or “Submit” (or such similar button as may be designated by CMD to accept any such Agreement). If you are connected to a Partner, that Partner may require you to execute the contract electronically.

You agree that by clicking on the button labeled "I Agree" or “Accept” or “Submit” (or such similar button as may be designated by CMD to accept this Agreement), you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these terms. Under any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SOFTWARE OR SERVICES OFFERED BY CMD. Further, you waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or granting credits by other than electronic means.

Credit Implications.

The operator of this website does not make any credit decisions. Independent, participating debt relief companies and marketing partners that you might be connected with may perform credit checks in the form of a soft pull or hard pull with credit reporting bureaus or obtain consumer reports, typically through alternative providers to determine credit worthiness, credit standing and/or credit capacity. A soft pull is a type of credit inquiry that does not affect your credit score or appear on your credit report viewed by the debt relief companies/marketing partners. These soft pulls are conducted to assess your current financial situation and aid in the eligibility process. Please note that soft pulls are different from hard pulls, which can impact your credit score. By submitting your information, you agree to allow participating debt relief companies to verify your information and check your credit. Debt relief provided by independent, participating partners in our network are designed to provide debt relief services to you.

Accuracy

You represent that the information you provide to CMD, and ultimately, the Partners, through your Request Form is accurate and truthful. If the information in your Request Form is not accurate and truthful, CMD may deny, suspend, or terminate your use of the Service.

Control Over Features, Functions, and Access to the Service

CMD may change any information, features, or functions of the Service without prior notice. CMD may deny you access to all, or part of, the Service without prior notice if you engage in any conduct or activities that CMD determines, in its sole discretion, violate these Terms, the rights of CMD or any third-party, or is otherwise fraudulent or inappropriate. CMD is not responsible for any errors or delays in providing Service caused by errors in the Request Form information provided by you, or by any technical problems beyond its reasonable control.

Links On or In the Services

The Service or third-parties may provide links to other worldwide websites or resources (including, without limitation, links to sites which relate to the credentials and disciplinary history of professionals). Because CMD has no control over such sites and resources, you acknowledge and agree that CMD is not responsible for the availability of such external sites or resources, and does not endorse, and is not responsible or liable for any content, information, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that CMD 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, goods or services available on or through any such site or resource.

DISCLAIMER OF WARRANTIES

THE WEBSITE AND THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ASSOCIATED WITH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CMD EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEBSITE, AND ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

CMD MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE ACHIEVED BY USING THE WEBSITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT. USE OF THE WEBSITE OR THE SERVICE IS AT YOUR OWN RISK.

LIMITATION OF LIABILITY

CMD OR THE PARTNERS OR ANY OF THEIR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNEES, CONTENT PROVIDERS, OR SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE OR THE SERVICE, OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF CMD OR THE PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

CMD DOES NOT ENDORSE OR RECOMMEND THE PRODUCTS OF ANY PARTICULAR PARTNER. CMD IS NOT AN AGENT OF YOU OR ANY PARTICIPATING PARTNER. CMD IS NOT INVOLVED WITH THE PARTNER’S USE OR REVIEW OF YOUR REQUEST FORM INFORMATION OR IN MAKING A DETERMINATION ABOUT WHETHER YOU MEET A PARTICULAR UNDERWRITING CRITERIA. THE PARTNER IS SOLELY RESPONSIBLE FOR ITS SERVICES TO YOU, AND YOU AGREE THAT CMD WILL NOT BE LIABLE FOR ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR USE OF THE SERVICE. YOU UNDERSTAND THAT PARTNERS MAY KEEP YOUR REQUEST FORM INFORMATION, WHETHER OR NOT YOU ARE QUALIFIED FOR A SERVICE WITH THEM.

IF THE STATE DOES NOT ALLOW THE LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES IN FULL, THE LIABILITY OF CMD IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnity

As a condition of using the Website or the Services, you agree to indemnify CMD and the Partners harmless from, and against any and all claims, demands, or liabilities, expenses (including attorney’s fees), and damages arising out of claims resulting from your use of the Website, the content you submit, if you post to or transmit through the Service, your use of the Service, your connection to the Service, your violations of these Terms of use (whether alleged or otherwise), or your violation of any rights of another, whether direct or indirect, including without limitation claims for misrepresentation or malpractice and any claims alleging facts that, if true, would constitute a breach by you of these Terms.

Links to Third Parties

The Website may contain links to other websites operated by Partners or other third-parties. These links are provided for your convenience and reference only. CMD does not operate or control, in any respect, any information, software, products, or services available on such third-party sites. CMD’s inclusion of a link to a website does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.

BINDING ARBITRATION OF DISPUTES

ANY CLAIM OR CONTROVERSY ARISING OUT OF, OR RELATING TO THE USE OF THE WEBSITE, TO THE USE OF THE SERVICE, OR TO ANY ACTS OR OMISSIONS FOR WHICH YOU MAY CONTEND CMD IS LIABLE (A “DISPUTE”), WILL BE SETTLED EXCLUSIVELY BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION IN EFFECT AT THAT TIME. THE ARBITRATION WILL BE CONDUCTED IN LOS ANGELES, CALIFORNIA AND JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED INTO ANY COURT OF COMPETENT JURISDICTION. NO ARBITRATOR WILL HAVE THE POWER TO AWARD DAMAGES IN CONNECTION WITH ANY DISPUTE IN EXCESS OF ACTUAL COMPENSATORY DAMAGES, AND WILL NOT MULTIPLY ACTUAL DAMAGES OR AWARD CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, AND EACH PARTY IRREVOCABLY WAIVES ANY CLAIM THERETO. THE AGREEMENT TO ARBITRATE WILL NOT BE CONSTRUED AS AN AGREEMENT TO THE JOINDER OR CONSOLIDATION OF AN ARBITRATION UNDER THIS AGREEMENT WITH AN ARBITRATION OF DISPUTES OR CLAIMS OF ANY NON-PARTY, REGARDLESS OF THE NATURE OF THE ISSUES OF DISPUTES INVOLVED.

BY AGREEING TO THESE TERMS, YOU GIVE UP YOUR RIGHT TO SETTLE ANY DISPUTES WITH CMD IN A COURT OF LAW OR BEFORE A JURY. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. BY USING CMD’S SERVICE, YOU CONSENT TO THESE RESTRICTIONS. BY USING THE WEBSITE, YOU AGREE THAT YOU READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE ‘ARBITRATION OF DISPUTES’ PROVISION TO NEUTRAL ARBITRATION.

In the event the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and CMD, you agree that jurisdiction over and venue of any suit will be exclusively in the state and federal courts sitting in Los Angeles, California. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to use of the Services must be filed within one year after such claim or cause of action arose, or be forever barred.

SMS Terms & Conditions

By providing a mobile phone number you are opting into communications via SMS from CMD and the Partners. These communications may include a follow-up SMS message containing a link to your completed Request Form, payment reminders from partners, and future offers.

For additional support: [email protected]

Message and Data Rates May Apply. Under no circumstances will CMD be responsible for fees that your wireless carrier or other third-parties may charge you for use of this Service.

Messages may be delayed or undelivered for various factors. Carriers are not liable for delayed or undelivered messages.

Other Terms

These Terms constitute the entire agreement between you and CMD. These Terms will be governed by the laws of California without regard to its conflict of law principles. If any part of these Terms is determined unenforceable pursuant to applicable law, then the invalid and unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely connects the intent of the original provision, and the remainder of these Terms will remain in effect. Any failure by CMD to exercise or enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. CMD may amend these Terms at any time by posting the amended Terms on its Website. All amended Terms are automatically effective immediately upon posting.

Questions

You may direct any questions concerning these Terms to:

cutmydebt.com

[email protected]