Terms of Service
Effective Date: July 13, 2009
Thank you for your interest in Be Debt Free America! We invite you to access our web sites and use our Service (as defined below),
but please note that your invitation is subject to your review and agreement with certain terms and conditions. These terms and conditions
are set forth in this document and may be updated from time to time. You need not accept this requirement to agree to our Terms of Service,
but if you reject our Terms of Service you do not have any right to access or use our Service. If you do access our web site and use our
Service, your use shall be deemed to accept the Terms of Service and be a party to a legally binding contract with Be Debt Free America
(“Be Debt Free America,” “we,” and sometimes “us”).
You may wish to save a copy of these Terms of Service for your records. In any event, be sure to regularly check these Terms of Service
for any updates or other changes, which shall be legally binding upon you when we post them, whether or not we provide you any other notice
of such changes. The then-applicable Terms of Service will be posted at www.bedebtfreeamerica.com/terms.aspx, and we will indicate the effective
date of each update at the top of the Terms of Service. Your continued use of the Service after any update will be deemed to represent your
consent to be bound by, and agreement with, the new Terms of Service.
1. SERVICE DESCRIPTION
The Be Debt Free America Service consists of products, computer programs, services and web sites hosted or made available by Be Debt Free America,
which you may use for entering your debt and liability information, generating debt-payoff reports and using financial calculators,
now known or hereafter developed (collectively, the “Service”).
2. USE OF SERVICE
Subject to the terms and conditions within, these Terms of Service, Be Debt Free America grants you a limited, non-exclusive license to
utilize the Service so long as (i) you are of legal age to form a binding contract and (ii) you are not barred from receiving the Service under
the laws of the United States. In order to access and/or use the Service, you may be required to provide a username, password, email address and other
information as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your
Account Information and, accordingly, will be fully responsible for all activities that occur under your account, including activities of others
to whom you have provided your Account Information. You agree to immediately notify Be Debt Free America of any unauthorized use of your Account
Information, account or any other breach of security. We will not be liable for any loss or damage arising from your failure to provide us with
accurate information or to keep your Account Information secure.
You are solely responsible for obtaining the equipment and telecommunication services necessary to access the Service, and all fees associated
therewith (such as computing devices and Internet service provider and airtime charges).
3. MEMBER CONDUCT
By submitting to Be Debt Free America any ideas, suggestions, documents and/or proposals through the “Contact Us” interface or otherwise (collectively,
"Contributions"), you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Be Debt Free America
is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Be Debt Free America shall be entitled to
use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Be Debt Free America may
have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of
Be Debt Free America without any obligation of Be Debt Free America to you; and (f) you are not entitled to any accounting, compensation or reimbursement
of any kind from Be Debt Free America under any circumstances.
You further agree to NOT:
(a) impersonate any person or entity, including, but not limited to, an Be Debt Free America staff member, or
falsely state or otherwise misrepresent your affiliation with Be Debt Free America or any other person or entity;
(b) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
(c) 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 or applicable to the Service;
(d) 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;
(e) allow usage by others in such a way as to violate these Terms of Service;
(f) employ tactics to prevent the full and complete display of advertisements within the Service, including, but not limited to, making style changes,
customizations or overrides that effectively block or substantially impair the display of advertisements within the Service;
(g) access (or attempt to access) any of the Service by any means other than through the interface that is provided by Be Debt Free America, or access (or
attempt to access) any of the Service through any automated means (including use of scripts, web crawlers or the like) or otherwise engage the Service in a manner
reasonably likely to be harmful to the systems operating the Service or the access or use of the Service by others;
(h) reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Service (unless you have been
specifically allowed to do so in a Separate Agreement);
4. PRIVACY POLICY
Our Privacy Policy is published at www.bedebtfreeamerica.com/privacy.aspx. By using the Service, you acknowledge, accept and agree with all provisions of the
Privacy Policy.
5. PROPRIETARY RIGHTS, LICENSES AND LIMITATIONS
You acknowledge and agree that Be Debt Free America (and any licensors to Be Debt Free America) own(s) all legal right, title and interest in and to the
Service, including, without limitation, all software comprising a part of the Service (the "Software"), and all intellectual property rights therein
(whether registered or not and wherever existing in the world). You further acknowledge and agree that the rights in the Service, including all intellectual
property rights, are protected by one or more of copyright, trademark, patent, trade secret and other laws, regulations and treaties, in addition to these
Terms of Service and any Separate Agreement. Except for the limited license rights specifically granted to you in these Terms of Service (and any rights
expressly granted to you in a Separate Agreement), Be Debt Free America and its suppliers own and shall retain all rights, title and interests, including,
without limitation, intellectual property rights, in and to the Service and all Software utilized therein (and all copies thereof and related materials that
are delivered or made available to you with the Service).
Be Debt Free America hereby grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Software provided to you by
Be Debt Free America as part of the Service as provided to you by Be Debt Free America, for the sole purpose of enabling you to use and enjoy the benefit of the
Service as permitted by these Terms of Service, until your rights are terminated in accordance with these Terms of Service.
6. SERVICE COMPONENTS
You acknowledge that a variety of Be Debt Free America actions may impair or prevent you from accessing your debt information, reports or other data or from
using the Service at certain times and/or in the same way, for limited periods or permanently, and agree that Be Debt Free America has no responsibility or
liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any content or data.
Further, you acknowledge that in using the Service to send electronic communications (including but not limited to email and submitting debt information, and other
Internet activities), you will be causing communications to be sent through computer networks owned or rented by Be Debt Free America and third parties that are
located in Arizonza and other locations in the United States and other countries and that, as a result, your use of the Service will likely result in interstate
data transmissions.
7. MODIFICATIONS OR DISCONTINUATION
We reserve the right at any time and at our sole discretion to modify or discontinue, temporarily or permanently, the Service or any part thereof (including Software),
with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Service,
in part or whole. As such, you agree that a "lifetime" paid membership may be discontinued by us at any time and at our sole discretion in relation to the discontinuance
of the Service.
8. TERMINATION
You may discontinue your use of the Service at any time, for any or no reason and with or without notice. Be Debt Free America may also terminate the Service, or your
access to or use of the Service or your account, with or without notice. Reasons for Be Debt Free America terminating your account or the Service include, without limitation:
(a) breach or violation of these Terms of Service or any Separate Agreement, (b) your request or self-effecting account deletion, (c) an extended period of inactivity
(determined in Be Debt Free America’s sole discretion), (d) your nonpayment of any fees or other sums due Be Debt Free America or any other party related to your use of the
Service, (e) requests by law enforcement or other government agencies, (f) the discontinuance or material modification to the Service (or any part thereof), or (g) unexpected
technical or security issues or problems. In the event of any termination, we will close your account and you will no longer be able to retrieve Content contained in that
account or otherwise use the Service.
9. ADVERTISEMENTS
The Service may be supported by advertising revenue and may display advertisements and promotions on or in connection with the Service. You hereby agree that Be Debt Free
America may present advertising in connection with the Service in consideration for the rights granted you to access and use the Service. Any decision to utilize advertising,
and the manner, mode, extent and terms of any advertising, presented with the Service, are subject to change. We shall not be responsible or liable for any loss or damage of
any sort incurred by you as a result of any such practices or changes or as the result of the presence of such advertisers on the Service, including, without limitation, any
change in the cost of obtaining any Service. Furthermore, your interactions with advertisers found on or through the Service, including, without limitation, all reliance
upon advertising, all commercial transactions and legal obligations associated therewith, are solely between you and such advertisers.
10. LINKS
We may include the use of third party resources and/or links to third party websites as part of the Service. We have no control over such sites and resources and,
accordingly, you acknowledge and agree that (a) we are not responsible for the availability of such external sites or resources; (b) we do not endorse and are not
responsible or liable for any content or other materials available from such sites or resources and (c) we 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 or materials available on or through any such site
or resource.
11. INDEMNITY
You agree to indemnify and hold Be Debt Free America, its subsidiaries, affiliates, officers, agents, employees, advertisers and partners harmless from and against any
and all claims, liabilities, damages (actual and consequential), losses and expenses (including legal and other professional fees) arising from or in any way related to any
third party claims relating to your use of any of the Service, any violation of these Terms of Service or any other actions connected with your use of the Service (including
all actions taken under your account). In the event of such claim, we will provide notice of the claim, suit or action to the contact information we have for the account,
provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation hereunder.
12. DISCLAIMER OF WARRANTIES
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 MAXIMUM EXTENT PERMITTED BY LAW, BE DEBT FREE
AMERICA EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) BE DEBT FREE AMERICA DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET ALL OF YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
OR (iii) ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BE DEBT FREE AMERICA OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THESE TERMS OF SERVICE.
(d) WE ARE NOT FINANCIAL ADVISORS AND CANNOT OFFER YOU FINANCIAL PLANNING OR LEGAL ADVICE. ALTHOUGH WE HAVE TAKEN REASONABLE SAFEGUARDS IN REGARD TO THE ACCURACY OF THE
DATA WE PRESENT TO YOU, BE DEBT FREE AMERICA DOES NOT WARRANT THAT OUR REPORTS, CALCULATIONS, FINANCIAL CALCULATORS, DEBT PAYOFF TIMELINES, COMPARISONS, MONETARY SAVINGS,
MONTHLY PAYMENTS, SUMMARIES, BALANCES, OR ANY OTHER DATA PRESENTED TO YOU IN THE SERVICE TO BE CORRECT OR ACCURATE. FOR FINANCIAL ADVICE, PLEASE CONTACT YOUR FINANCIAL PLANNER.
13. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BE DEBT FREE AMERICA, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, SHALL
NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF BE DEBT FREE AMERICA 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 GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICE; (v) BE DEBT FREE AMERICA’S ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY
CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (vi) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION; (vii) THE
ACTS OR OMISSIONS OF ANY THIRD PARTY USING THE SERVICE; (viii) ANY ADVERTISING CONTENT OR YOUR PURCHASE OR USE OF ANY ADVERTISED PRODUCT OR SERVICE; (ix) THE TERMINATION OF
YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS OF SERVICE; OR (x) ANY OTHER MATTER RELATING TO THE SERVICE.
14. EXCLUSIONS AND LIMITATIONS
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH
OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIMITATIONS IN SECTIONS 12 AND 13 WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY
TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
15. NOTICES
You agree that we may provide you with notices hereunder by email or postings on the web site(s) related to the affected Service, in our discretion, and that we may rely upon
the contact information you have provided as being accurate, complete and current.
Except where these Terms of Service or any Separate Agreement specifically provide for use of a different means or address for notice, any notice hereunder to Be Debt Free
America must be delivered by email to compliance AT bedebtfreeamerica DOT com. This email address may be updated as part of any update to these Terms of Service.
16. GENERAL TERMS
(a) These Terms of Service constitute the entire agreement between you and Be Debt Free America and governs your use of the Service, except, and then only to the extent that
you have entered into a Separate Agreement. These Terms of Service, as in effect from time to time, supersedes any prior agreements or earlier versions of these Terms of Service
between you and Be Debt Free America for the use of the Service. If, through accessing or using the Service, you utilize or obtain any product or service from a third party,
you may additionally be subject to such third party’s terms and conditions applicable thereto, and these Terms of Service shall not affect your legal relationship with such third party.
(b) You acknowledge and agree that each affiliate of Be Debt Free America shall be a third party beneficiary to these Terms of Service and that such other companies shall be
entitled to directly enforce, and rely upon, any provision of these Terms of Service which confers a benefit on (or provides rights in favor of) them. Other than this, no other person
or company shall be a third party beneficiary to these Terms of Service.
(c) These Terms of Service and the relationship between you and Be Debt Free America shall be governed by the laws of the State of Washington without regard to its conflict of law
provisions. You and Be Debt Free America agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Clark, Washington. Notwithstanding this,
you agree that Be Debt Free America shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any applicable jurisdiction.
(d) The failure or delay by Be Debt Free America to exercise or enforce any right or provision of these Terms of Service or rights under applicable law shall not constitute a waiver
of any such provisions or rights. If any provision of these Terms of Service 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.
(e) You agree that regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of or related to use of the Service or otherwise under
these Terms of Service must be filed within one (1) year after such claim or cause of action arose or you hereby agree to be forever barred from bringing such claim.
(f) The section headings in these Terms of Service are for convenience only and have no legal or contractual effect.