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TERMS OF USE AGREEMENT Welcome to www.debtplan.biz (referred to as "Direct Debt", "we," "us," or "our"). www.debtplan.biz is part of Direct Debt Solutions, Inc. Before you begin to use the www.debtplan.biz website ("Direct Debt Website"), please take a moment to review this Terms of Use Agreement ("Agreement"). The Agreement describes the terms and conditions applicable to your use of the Direct Debt Website and the products and services provided through or in connection with the Direct Debt Website (collectively, "Service"), which may be updated by Direct Debt from time to time without notice to you. Direct Debt may also offer other services that are governed by a different Terms of Service. Eligibility Privacy If you have questions about these Terms of Use of the Privacy Policy please e-mail apply@debtplan.biz. Contents and Linking Direct Debt is not responsible for, and cannot guarantee the performance of, any products and services provided by any advertisers or others to whose sites we link. A link to another website does not constitute an endorsement of that site (nor of any product, service or other material offered on that site) by Direct Debt or its licensors. Although we make this website freely accessible, we don't intend to give up our rights, or anyone else's rights, to the materials appearing on the website. The materials available through this website are the property of Direct Debt or its licensors, and are protected by copyright, trademark and other intellectual property laws. Except for the limited licenses expressly granted to you in this agreement, Direct Debt and its licensors expressly reserve all other rights and licenses. You are free to display and print for your personal, non-commercial use information you receive through this website, but you may not otherwise reproduce or modify any of the materials without the prior written consent of their owner. You may not distribute copies of materials found on this website in any form (including by e-mail or other electronic means), without prior written permission from their owner. Of course, you are free to encourage others to access the information themselves on this website and to tell them how to find it. Requests for permission to reproduce or distribute materials found on this website should be sent to Direct Debt Solutions, Inc., 9270 Greenside Drive, Suite 9W, Cockeysville, Maryland 21030. We welcome links to the homepage of our website. You are free to establish a hypertext link to the homepage of this site so long as the link does not state or imply any affiliation, connection, sponsorship, or approval of your site by Direct Debt. We do not permit framing or inline linking to our website or any portion of it. Trademark & Patent Information Violations Submissions and Postings; Disclosure We reserve the right (but assume no obligation) to monitor, delete, move, or edit any submissions or postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. We will comply with all requirements of the law regarding disclosure of any submissions or postings on this website to others, including to law enforcement agencies and parties making civil legal requests. We will also comply with any other requirements of the law regarding disclosure of other aspects of your use of this website. Termination Indemnification Disclaimer of Warranties and Liability THIS WEBSITE IS PROVIDED TO YOU "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." DIRECT DEBT AND ITS AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, USEFULNESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE WEBSITE, NOR DO THEY GUARANTEE THAT THE WEBSITE WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES SHALL DIRECT DEBT (INCLUDING ITS PARENTS, SUBSIDIARIES, AND AFFILIATES) OR ITS AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF ANY USE OR MISUSE OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE FORM OR CAUSE OF ACTION INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, AND OTHER TORT ACTIONS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF DIRECT DEBT AND ITS AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW. YOU AGREE THAT THE LIABILITY OF DIRECT DEBT (INCLUDING ITS PARENTS, SUBSIDIARIES, AND AFFILIATES) AND ITS AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE WEBSITE SHALL NOT EXCEED THE AMOUNT YOU PAID TO DIRECT DEBT FOR THE USE OF THE WEBSITE. Exclusions and Limitations Arbitration and Applicable Law IN THE EVENT OF ANY CONTROVERSY, CLAIM OR DISPUTE BETWEEN THE PARTIES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF, INCLUDING THE TERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY ARBITRATION IN COCKEYSVILLE, MARYLAND OR IN THE COUNTY IN WHICH THE CONSUMER RESIDES, IN ACCORDANCE WITH THE LAWS OF THE STATE OF MARYLAND FOR AGREEMENTS TO BE MADE IN AND TO BE PERFORMED IN MARYLAND. THE PARTIES AGREE, THE ARBITRATION SHALL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) PURSUANT TO ITS RULES AND PROCEDURES AND AN ARBITRATOR SHALL BE SELECTED BY THE AAA. THE ARBITRATOR SHALL BE NEUTRAL AND INDEPENDENT AND SHALL COMPLY WITH THE AAA CODE OF ETHICS. THE AWARD RENDERED BY THE ARBITRATOR SHALL BE FINAL AND SHALL NOT BE SUBJECT TO VACATION OR MODIFICATION. JUDGMENT ON THE AWARD MADE BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION OVER THE PARTIES. IF EITHER PARTY FAILS TO COMPLY WITH THE ARBITRATOR’S AWARD, THE INJURED PARTY MAY PETITION THE CIRCUIT COURT FOR ENFORCEMENT. THE PARTIES AGREE THAT EITHER PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN HIS/HER OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, THE PARTIES AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING. THE PARTIES SHALL SHARE THE COST OF ARBITRATION, INCLUDING ATTORNEYS FEES, EQUALLY. IF THE CONSUMERS SHARE OF THE COST IS GREATER THAN $1,000.00 (ONE-THOUSAND DOLLARS), THE COMPANY WILL PAY THE CONSUMERS SHARE OF COSTS IN EXCESS OF THAT AMOUNT. Special Admonitions for International Use Additional Dispute Resolution If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed upon mediator in the following location: Cockeysville, Maryland. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us. If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Cockeysville, Maryland under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so. By using this website, you agree to abide by this Terms of Use Agreement. Notice Changes to Terms of Use No Resale of Service Feedback
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