acceptance of terms
description of service
license and site access
limitation of liability
exclusions and limitations
special admonition for services relating to financial and legal matters
trademark and patent information
no resale of service
use of site
special admonitions for international use
general practices regarding use and storage
modifications to service
Debt shield's proprietary rights
Welcome to Debt shield! Any person who wants access to Debt shield, Inc. (hereinafter, "Debt shield") and its web site (the "site") to find a professional, or to post your profile or utilize any of the features we provide (collectively, the "services" or the "service"), must accept the terms and conditions of this agreement (the "Agreement") without change. This Agreement constitutes a contract between you and Debt shield. By using the services, you agree to be bound by all terms and conditions of this Agreement and all policies and guidelines incorporated by reference. Debt shield reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the site or services, at any time and in its sole discretion. Any changes will be effective upon posting of the revisions on the site. All notice of changes to this Agreement will be posted on the site for thirty (30) days. You are responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you. Your continued use of this site and the services following Debt shield's posting of any changes will constitute your acceptance of such changes or modifications. If you do not agree to any changes to this Agreement, do not continue to use the services or this site.
Use of the services is limited to parties that lawfully can enter into and form contracts under applicable law. For example, minors are not allowed to use the service
Debt shield's web site provides information regarding Debt shield's debt reduction services, which includes debt negation and settlement service, as well as any other related services performed by Debt Shield or its affiliates. In order to use the web site, you must obtain access to the world wide web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the world wide web, including a computer and modem or other access device.
Debt shield grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Debt shield. This license does not include any resale or commercial use of this site or its contents; any collection and use of any listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Debt shield. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Debt shield and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Debt shield's name or trademarks without the express written consent of Debt shield. Any unauthorized use terminates the permission or license granted by Debt shield. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Debt shield so long as the link does not portray Debt shield, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Debt shield logo or other proprietary graphic or trademark as part of the link without Debt shield's express written permission.
you expressly understand and agree that:
a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. To the fullest extent permissible by law, Debt shield expressly disclaims all warranties of every kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement or that any of the information on the site is accurate.
b. Debt shield makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service, including but not limited to information about professionals and business establishments who are included in the service, will be accurate or reliable, (iv) the quality of any services, information, or other material purchased or obtained by you through the service will meet your expectations, (v) this site, its servers, or e-mail sent from Debt shield are free of viruses or other harmful components, and (vi) any errors in the software will be corrected.
c. Any material downloaded or otherwise obtained through the use of the service is done and relied upon at your own risk and that you will be solely responsible for any damage to yourself, your interests, or your computer system or loss of data that results from the download and use of any such material. Debt shield is not responsible for examining or evaluating, and we do not warrant the offerings or representations of, any of the professionals or the content of their web sites.
d. No advice or information, whether oral or written, obtained by you from Debt shield or through or from the service shall create any warranty not expressly stated in the Agreement. None of the terms of this waiver of warranties may be modified in any way by course of conduct or any other action by Debt shield or any of its agents unless such modification is in writing and signed by an authorized agent of Debt shield.
You expressly understand and agree that Debt shield shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, harm to your rights of any kind, use, data or other intangible losses (even if Debt shield has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute services resulting from any data, information or services purchased or obtained or messages received through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party; or (v) any other matter relating to or resulting from use of the service.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. To the extent a court determines any provisions in this Agreement to be unenforceable; such a determination shall not affect the validity of the remaining terms of this Agreement, which shall remain in full force and effect.
You must be absolutely sure that you have read and understand the above waivers of all warranties and limitations of liability. The above waivers and warranties will defeat any claims you may assert for misrepresentation or concealment of information, or any negative consequences as a result of your use of or reliance upon any of the information which the services provide. In addition, for this type of information particularly, the phrase "let the buyer beware" is apt. The service is provided for informational purposes only. Debt shield shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via the service, and shall not be responsible or liable for any decisions made based on such information.
By visiting Debt shield, you agree that the laws of the state of Maryland, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Debt shield or its affiliates.
Any dispute relating in any way to your visit to Debt shield or use of any of the services shall be submitted to confidential arbitration in Columbia, Maryland, except that, to the extent you have in any manner violated or threatened to violate Debt shield's intellectual property rights, Debt shield may seek injunctive or other appropriate relief in any state or federal court in the state of Maryland, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
You agree that Debt shield may submit any notices to you via either e-mail or regular mail. The service may also provide notices of changes to the Agreement or other matters by displaying notices or links to notices to you generally on the service, which notice you also agree Debt shield may submit to you via e-mail or regular mail.
Debt shield and its trademarks and service marks, logos and product and service names and phrases which Debt shield now claims or may claim in the future are trademarks of Debt shield (the "Debt shield marks"). You agree not to display or use the Debt shield marks in any manner, without Debt shield's prior written permission.
You should report any violations of the Agreement to firstname.lastname@example.org
Unless expressly permitted in writing by Debt shield, you agree not to reproduce, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of the service, use of the service, or access to the service.
You understand that all information, data, text, software, sound, photographs, graphics, video, messages or other materials ("content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. This means that you, and not Debt shield, are entirely responsible for all content that you upload, post, e-mail or otherwise transmit via the service. Debt shield does not control the content posted or made available via the service and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using the service, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will Debt shield be liable in any way for any content, including, but not limited to, for 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, e-mailed or otherwise transmitted via the service.
You agree to not use the service to:
a. Upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. Harm minors in any way;
c. Impersonate any person or entity, including, but not limited to, a Debt shield official, or falsely state or otherwise misrepresent your affiliation with any person or entity;
d. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the service;
e. Upload, post, e-mail or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. Upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
g. Upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in any areas that are explicitly designated for such purpose;
h. Upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. Disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j. Interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service;
k. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the u.s. securities and exchange commission, any rules of any national or other securities exchange, including, without limitation, the New York stock exchange, the American stock exchange or the NASDAQ, and any regulations having the force of law;
l. "stalk" or otherwise harass another; or
m. Collect or store personal data about other users except as restricted by this Agreement and provided by the service.
You acknowledge that Debt shield does not pre-screen content, but that Debt shield and its designees shall have the right (but not the obligation) in their sole discretion to refuse, move, or remove any content that is on the service. Without limiting the foregoing, Debt shield and its designees shall have the right, at its sole discretion, to remove any content that it deems violates the Agreement or that it deems to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content created, posted, or otherwise published by Debt shield or submitted to Debt shield, including without limitation information within Debt shield's service.
You acknowledge and agree that Debt shield may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce or to ascertain compliance with the Agreement; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Debt shield, its users and the public.
You understand that the technical processing and transmission of the service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Recognizing the global nature of the internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
You agree to indemnify and hold Debt shield, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand including reasonable attorneys' fees, which any third party may make due to or arising out of content you submit, post to or transmit through the service, your use of the service, your connection to the service, your violations of the Agreement (whether alleged or otherwise), or your violation of any rights of another, whether direct or indirect (including without limitation claims for misrepresentation or malpractice).
You acknowledge that Debt shield may establish general practices and limits concerning use of the service, including without limitation the maximum number of days that reviews, postings or other uploaded content will be retained by the service, the maximum disk space that will be allotted on Debt shield's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the service in a given period of time. You agree that Debt shield has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the service. You further acknowledge that Debt shield reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Debt shield reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. Debt shield reserves the right to refuse service to any person or entity in the exercise of its absolute discretion. You agree that Debt shield shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.
You agree that Debt shield, in its sole discretion, may terminate your password, account (or any part thereof) or use of the service, and remove and discard any content within the service, for any reason, including, without limitation, for lack of use or if Debt shield believes that you have violated or acted inconsistently with the letter or spirit of the Agreement. Debt shield may also in its sole discretion and at any time discontinue providing the service, or any part thereof, with or without notice. You agree that any termination of your access to the service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Debt shield may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the service. Further, other than the obligation to make a refund to the extent of fees paid for any period of time for which you paid to be included in the service when the service was terminated, you agree that Debt shield shall not be liable to you or any third-party for any termination of your access to the service.
The service or third parties may provide links to other world wide web sites or resources (including, without limitation, links to sites which relate to the credentials and disciplinary history of professionals). Because Debt shield has no control over such sites and resources, you acknowledge and agree that Debt shield 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 Debt shield 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.
You acknowledge and agree that the service and any necessary software used in connection with the service ("software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in information presented to you through the service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Debt shield, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the service or the software, in whole or in part.
The Agreement (including the paragraphs below that pertain to the professionals who subscribe to Debt shield) constitutes the entire agreement between you and Debt shield and governs your use of the service, superceding any prior agreements and discussions between you and Debt shield. The failure of Debt shield to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. 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 service or the Agreement must be filed within one (1) year after such claim or cause of action arose or such claim or cause of action shall be forever barred. The section titles in the Agreement are for convenience only and have no legal or contractual effect. Debt shield is pleased to welcome you to its site subject to all of the terms and conditions of this Agreement.
Disclaimer: Debt Shield, Inc. does not provide legal, tax or investment advice. Debt Shield, Inc. does not assist in the repair, modification, improvement, extension or correction of credit entries or reporting.
Copyright 2004 by Debt Shield, Inc. All rights reserved. No publishing, broadcasting, rewriting or redistributing.