Last modified July 27, 2008. Your Acceptance of Our Terms BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the DebtConsolidationPronto.com domain name, the "DebtConsolidationPronto Website", or "Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF DEBTCONSOLIDATIONPRONTO.COM'S PRIVACY POLICY, WHICH ARE PUBLISHED AT http://www.DebtConsolidationPronto.com/Privacy_Policy.html, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the DebtConsolidationPronto Website. DebtConsolidationPronto Website These Terms of Service apply to all users of the DebtConsolidationPronto Website, including users who are also contributors of content, information, and other materials or services on the Website. The DebtConsolidationPronto Website may contain links to third party websites that are not owned or controlled by DebtConsolidationPronto. DebtConsolidationPronto has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, DebtConsolidationPronto will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve DebtConsolidationPronto from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the DebtConsolidationPronto Website and to read the terms and conditions and privacy policy of each other website that you visit. Website Access A. DebtConsolidationPronto hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without DebtConsolidationPronto's prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service. B. In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify DebtConsolidationPronto immediately of any breach of security or unauthorized use of your account. Although DebtConsolidationPronto will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of DebtConsolidationPronto or others due to such unauthorized use. C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the DebtConsolidationPronto servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, DebtConsolidationPronto grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. DebtConsolidationPronto reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions. Intellectual Property Rights The content on the DebtConsolidationPronto Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to DebtConsolidationPronto, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. DebtConsolidationPronto reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the DebtConsolidationPronto Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the DebtConsolidationPronto Website or the Content therein. User Submissions A. The DebtConsolidationPronto Website may now or in the future permit the submission of videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, DebtConsolidationPronto does not guarantee any confidentiality with respect to any submissions. B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize DebtConsolidationPronto to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to DebtConsolidationPronto, you hereby grant DebtConsolidationPronto a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the DebtConsolidationPronto Website and DebtConsolidationPronto's (and its successor's) business, including without limitation for promoting and redistributing part or all of the DebtConsolidationPronto Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the DebtConsolidationPronto Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the DebtConsolidationPronto Website. C. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant DebtConsolidationPronto all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage DebtConsolidationPronto or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. DebtConsolidationPronto does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and DebtConsolidationPronto expressly disclaims any and all liability in connection with User Submissions. DebtConsolidationPronto does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and DebtConsolidationPronto will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. DebtConsolidationPronto reserves the right to remove Content and User Submissions without prior notice. DebtConsolidationPronto will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than once and/or has had a User Submission removed from the Website more than once. DebtConsolidationPronto also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. DebtConsolidationPronto may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion. DebtConsolidationPronto ar its sole discretion may also limit access to the Site and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. D. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please forward any copy infringement notifications to our legal department through the contact us section of the website. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid. E. You understand that when using the DebtConsolidationPronto Website, you will be exposed to User Submissions from a variety of sources, and that DebtConsolidationPronto is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against DebtConsolidationPronto with respect thereto, and agree to indemnify and hold DebtConsolidationPronto, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site. F. DebtConsolidationPronto permits you to link to materials on the Website for personal, non-commercial purposes only. DebtConsolidationPronto reserves the right to discontinue any aspect of the DebtConsolidationPronto Website at any time. When You May Use the Service. You may start using the service as soon as you have finished the sign-up process, and agreed to our Terms, and Privacy Policy. How You May Use the Service. When using the service, you will: -obey the law; -obey any codes of conduct or other notices we provide; -keep your account password secret; and -promptly notify us if you learn of a security breach related to the service. How You May Not Use the Service. When using the service, you may not: -use the service in a way that violates the law or harms us or our affiliates, content providers, resellers, distributors, and/or vendors (collectively, the "DebtConsolidationPronto parties"), or any customer of a DebtConsolidationPronto party; -use any portion of the service or any device compatible with the service to illegally copy or distribute content that you do not have rights to copy or distribute; -use any automated process or service to access and/or use the service (such as a BOT, a spider, periodic caching of information stored by DebtConsolidationPronto, or "meta-searching"); -use any unauthorized means to modify or reroute, or attempt to modify or reroute, the service; -damage, disable, overburden, or impair the service (or the network(s) connected to the service) or interfere with anyone's use and enjoyment of the service; -resell or redistribute the service, or any part of the service; -distribute, post, publish, upload, disseminate or discuss defamatory, infringing, obscene, sexual or other unlawful materials; -post links to websites or materials that could harm other users' computers or would allow others to inappropriately access software or Web sites or would violate our Terms; -harvest or otherwise collect information about others, including e-mail addresses, without their consent; -publish, distribute or disseminate any topic, name, material, file or information that incites discrimination, hate or violence towards one person or a group because of their race, religion, nationality, transgender status, homosexual status or HIV/AIDS status, or that insults the victims of crimes against humanity by contesting the existence of those crimes. Online Errors. You release us from all liability and claims of loss resulting from any error that you do not report to us within 120 days after the error first appears. If you do not tell us within this time, we will not be required to correct the error. Deleting your Account. You may delete your account at any time, with or without cause. User Disputes You are solely responsible for your interactions with other DebtConsolidationPronto Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Warranty Disclaimer YOU AGREE THAT YOUR USE OF THE DEBTCONSOLIDATIONPRONTO WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, DEBTCONSOLIDATIONPRONTO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. DEBTCONSOLIDATIONPRONTO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE DEBTCONSOLIDATIONPRONTO WEBSITE. DEBTCONSOLIDATIONPRONTO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE DEBTCONSOLIDATIONPRONTO WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND DEBTCONSOLIDATIONPRONTO WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. Limitation of Liability IN NO EVENT SHALL DEBTCONSOLIDATIONPRONTO, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE DEBTCONSOLIDATIONPRONTO WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT DEBTCONSOLIDATIONPRONTO SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Website is controlled and offered by DebtConsolidationPronto from its facilities in the United States of America. DebtConsolidationPronto makes no representations that the DebtConsolidationPronto Website is appropriate or available for use in other locations. Those who access or use the DebtConsolidationPronto Website from other jurisdictions do so at their own volition and are responsible for compliance with local law. Indemnity You agree to defend, indemnify and hold harmless DebtConsolidationPronto, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the DebtConsolidationPronto Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the DebtConsolidationPronto Website. Ability to Accept Terms of Service
Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by DebtConsolidationPronto without restriction.
General
You agree that: (i) the DebtConsolidationPronto Website shall be deemed solely based in Virginia; and (ii) the DebtConsolidationPronto Website shall be deemed a passive website that does not give rise to personal jurisdiction over DebtConsolidationPronto, either specific or general, in jurisdictions other than Virginia. These Terms of Service shall be governed by the internal substantive laws of the State of Virginia, without respect to its conflict of laws principles. Any claim or dispute between you and DebtConsolidationPronto that arises in whole or in part from the DebtConsolidationPronto Website shall be decided exclusively by a court of competent jurisdiction in Virginia. These Terms of Service, together with the Privacy Policy at http://www.DebtConsolidationPronto.com/page/privacy-policy and any other legal notices published by DebtConsolidationPronto on the Website, shall constitute the entire agreement between you and DebtConsolidationPronto concerning the DebtConsolidationPronto Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and DebtConsolidationPronto's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. DebtConsolidationPronto reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the DebtConsolidationPronto Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND DEBTCONSOLIDATIONPRONTO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE DEBTCONSOLIDATIONPRONTO WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
ING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the DebtConsolidationPronto.com domain name, the "DebtConsolidationPronto Website", or "Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF DEBTCONSOLIDATIONPRONTO.COM'S PRIVACY POLICY, WHICH ARE PUBLISHED AT http://www.DebtConsolidationPronto.com/page/privacy-policy, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the DebtConsolidationPronto Website.DebtConsolidationPronto Website
These Terms of Service apply to all users of the DebtConsolidationPronto Website, including users who are also contributors of content, information, and other materials or services on the Website. The DebtConsolidationPronto Website may contain links to third party websites that are not owned or controlled by DebtConsolidationPronto. DebtConsolidationPronto has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, DebtConsolidationPronto will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve DebtConsolidationPronto from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the DebtConsolidationPronto Website and to read the terms and conditions and privacy policy of each other website that you visit.
Website Access
A. DebtConsolidationPronto hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without DebtConsolidationPronto's prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.
B. In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify DebtConsolidationPronto immediately of any breach of security or unauthorized use of your account. Although DebtConsolidationPronto will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of DebtConsolidationPronto or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the DebtConsolidationPronto servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, DebtConsolidationPronto grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. DebtConsolidationPronto reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
Intellectual Property Rights
The content on the DebtConsolidationPronto Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to DebtConsolidationPronto, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. DebtConsolidationPronto reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the DebtConsolidationPronto Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the DebtConsolidationPronto Website or the Content therein.
User Submissions
A. The DebtConsolidationPronto Website may now or in the future permit the submission of videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, DebtConsolidationPronto does not guarantee any confidentiality with respect to any submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize DebtConsolidationPronto to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to DebtConsolidationPronto, you hereby grant DebtConsolidationPronto a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the DebtConsolidationPronto Website and DebtConsolidationPronto's (and its successor's) business, including without limitation for promoting and redistributing part or all of the DebtConsolidationPronto Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the DebtConsolidationPronto Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the DebtConsolidationPronto Website.
C. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant DebtConsolidationPronto all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage DebtConsolidationPronto or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. DebtConsolidationPronto does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and DebtConsolidationPronto expressly disclaims any and all liability in connection with User Submissions. DebtConsolidationPronto does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and DebtConsolidationPronto will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. DebtConsolidationPronto reserves the right to remove Content and User Submissions without prior notice. DebtConsolidationPronto will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than once and/or has had a User Submission removed from the Website more than once. DebtConsolidationPronto also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. DebtConsolidationPronto may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion. DebtConsolidationPronto ar its sole discretion may also limit access to the Site and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
D. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please forward any copy infringement notifications to our legal department through the contact us section of the website. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
E. You understand that when using the DebtConsolidationPronto Website, you will be exposed to User Submissions from a variety of sources, and that DebtConsolidationPronto is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against DebtConsolidationPronto with respect thereto, and agree to indemnify and hold DebtConsolidationPronto, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
F. DebtConsolidationPronto permits you to link to materials on the Website for personal, non-commercial purposes only. DebtConsolidationPronto reserves the right to discontinue any aspect of the DebtConsolidationPronto Website at any time.
When You May Use the Service.
You may start using the service as soon as you have finished the sign-up process, and agreed to our Terms, and Privacy Policy.
How You May Use the Service.
When using the service, you will:
-obey the law;
-obey any codes of conduct or other notices we provide;
-keep your account password secret; and
-promptly notify us if you learn of a security breach related to the service.
How You May Not Use the Service.
When using the service, you may not:
-use the service in a way that violates the law or harms us or our affiliates, content providers, resellers, distributors, and/or vendors (collectively, the "DebtConsolidationPronto parties"), or any customer of a DebtConsolidationPronto party;
-use any portion of the service or any device compatible with the service to illegally copy or distribute content that you do not have rights to copy or distribute;
-use any automated process or service to access and/or use the service (such as a BOT, a spider, periodic caching of information stored by DebtConsolidationPronto, or "meta-searching");
-use any unauthorized means to modify or reroute, or attempt to modify or reroute, the service;
-damage, disable, overburden, or impair the service (or the network(s) connected to the service) or interfere with anyone's use and enjoyment of the service;
-resell or redistribute the service, or any part of the service;
-distribute, post, publish, upload, disseminate or discuss defamatory, infringing, obscene, sexual or other unlawful materials;
-post links to websites or materials that could harm other users' computers or would allow others to inappropriately access software or Web sites or would violate our Terms;
-harvest or otherwise collect information about others, including e-mail addresses, without their consent;
-publish, distribute or disseminate any topic, name, material, file or information that incites discrimination, hate or violence towards one person or a group because of their race, religion, nationality, transgender status, homosexual status or HIV/AIDS status, or that insults the victims of crimes against humanity by contesting the existence of those crimes.
Online Errors. You release us from all liability and claims of loss resulting from any error that you do not report to us within 120 days after the error first appears. If you do not tell us within this time, we will not be required to correct the error.
Deleting your Account. You may delete your account at any time, with or without cause.
User Disputes
You are solely responsible for your interactions with other DebtConsolidationPronto Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users.
Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE DEBTCONSOLIDATIONPRONTO WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, DEBTCONSOLIDATIONPRONTO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. DEBTCONSOLIDATIONPRONTO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE DEBTCONSOLIDATIONPRONTO WEBSITE. DEBTCONSOLIDATIONPRONTO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE DEBTCONSOLIDATIONPRONTO WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND DEBTCONSOLIDATIONPRONTO WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
IN NO EVENT SHALL DEBTCONSOLIDATIONPRONTO, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE DEBTCONSOLIDATIONPRONTO WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT DEBTCONSOLIDATIONPRONTO SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by DebtConsolidationPronto from its facilities in the United States of America. DebtConsolidationPronto makes no representations that the DebtConsolidationPronto Website is appropriate or available for use in other locations. Those who access or use the DebtConsolidationPronto Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Indemnity
You agree to defend, indemnify and hold harmless DebtConsolidationPronto, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the DebtConsolidationPronto Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the DebtConsolidationPronto Website.
Ability to Accept Terms of Service
Membership at DebtConsolidationPronto.com is void where prohibited. DebtConsolidationPronto is intended solely for Users who are eighteen (18) years of age or older, and any registration by, use of or access to the Site by anyone under 18 is unauthorized, unlicensed and in violation of these Terms of Use. By using the Service or the Site, you represent and warrant that you are 18 or older and that you agree to and to abide by all of the terms and conditions of this Agreement. The Company may terminate your membership, delete your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Service or the Site (or any portion, aspect or feature of the Service or the Site) for any reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 18.Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by DebtConsolidationPronto without restriction.
General
You agree that: (i) the DebtConsolidationPronto Website shall be deemed solely based in Virginia; and (ii) the DebtConsolidationPronto Website shall be deemed a passive website that does not give rise to personal jurisdiction over DebtConsolidationPronto, either specific or general, in jurisdictions other than Virginia. These Terms of Service shall be governed by the internal substantive laws of the State of Virginia, without respect to its conflict of laws principles. Any claim or dispute between you and DebtConsolidationPronto that arises in whole or in part from the DebtConsolidationPronto Website shall be decided exclusively by a court of competent jurisdiction in Virginia. These Terms of Service, together with the Privacy Policy at http://www.DebtConsolidationPronto.com/page/privacy-policy and any other legal notices published by DebtConsolidationPronto on the Website, shall constitute the entire agreement between you and DebtConsolidationPronto concerning the DebtConsolidationPronto Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and DebtConsolidationPronto's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. DebtConsolidationPronto reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the DebtConsolidationPronto Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND DEBTCONSOLIDATIONPRONTO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE DEBTCONSOLIDATIONPRONTO WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
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