Category: Legal

  • Licensing and Registration

    Licensing and Registration

    Debtmerica has committed both its time and resources to continually achieve licensing in those states and jurisdictions where required by law. Currently there are only a few states that require licensing or registration and we are proud to say that we will continue to pursue licensing where required.

    Colorado

    Delaware

    Iowa

    Utah

  • Terms of Site

    OUR TERMS OF SITE CHANGE FROM TIME TO TIME. PLEASE CHECK BACK FOR UPDATES

    Debtmerica, LLC (“Debtmerica”) provides “The User” with access to its content, resources, tools for communication, public forums, commerce platforms, and other services through its network of websites, “The Service”. Debtmerica provides its service to the user, subject to the following Terms of Service.

    Debtmerica is not responsible for providing you access facilities or equipment (in any form) to its service. You, “The User”, also comprehend and concur that “The Service” may include advertisements and sponsorships and that these are necessary for Debtmerica to provide “The Service”. You also comprehend and agree that Debtmerica makes no submission about the suitability, reliability, availability, timeliness, accuracy of the information, products, services and related graphics contained within “The Service” for any purpose. “The Service” is provided “as is” without warranty of any kind. Debtmerica hereby disclaim all warranties and conditions with regard to “The Service”.

    THE SERVICE IS SUBJECT TO THE APPLICIABLE LEGAL DISCLAIMER.

    ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE

    “The Service” is provided to you, “The User”, under the terms and conditions and any amendments thereto and any operating rules or policies that may be published from time to time by Debtmerica as part of the Terms of Service/Legal Disclaimer and related disclosures which are cumulatively included herein by reference. The Debtmerica Terms of Service comprises the entire agreement between “The User” and Debtmerica and supersedes any prior agreements pertaining to the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE “SUBMIT” BUTTON, YOU ARE AGREEING TO BE BOUND BY THE Debtmerica Terms of Service and the Legal Disclaimer.

    MODIFICATION OF THESE TERMS OF SITE

    Debtmerica reserves the right to change any of the terms, conditions, and notices under which “The Services” are offered. You are responsible for regularly reviewing these terms and conditions, including changes/modifications if any incorporated by us from time to time. Your continued use of “The Service” constitutes your agreement to all such terms, conditions, and notices.

    MODIFICATION TO “THE SERVICE”

    Debtmerica reserves the right to modify or discontinue, temporarily or permanently, “The Service” (or any part of “The Service”) with or without notice to “The User” at any time and from time to time. “The User” agrees that Debtmerica shall not be liable to “The User” or any third party for any modification or discontinuance of the Service.

    USER CONDUCT

    “The Service” may include e-mail services, message boards, chat areas, newsgroups, forums, communities and/or other message or communication facilities designed to enable you to communicate with others (collectively, “Tools for Communication”). You agree to use the Tools for Communication only to post, send and receive messages and material that are proper and, when applicable, related to the particular tool for Communication. You also hereby agree that you shall not make use of “The Service” for any commercial purpose, including reselling and/or co branding/private labeling.

    As a condition of your use of “The Service” you, “The User”, agree to provide: (a) true, accurate, current and complete information about yourself as required by “The Service’s” registration form (such data being the “Registration Information, and Retainer Agreement”) (b) maintain and promptly update the Registration Information to keep it accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, Debtmerica has the right to terminate the user account and refuse any and all current or future use of “The Service”. (c) Debtmerica the right to use / disclose the aggregate registration information to participating providers in connection with marketing of services, subject to the privacy policy. You have also consented Debtmerica the right to use your registration information to provide targeting of advertising and other service offers from participating providers. This could also be used to customize the content you see, to fulfill your requests for certain products and services and to contact/inform you through e-mail or otherwise about special offers or new products.

    Usage Obligations

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

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

    Debtmerica has no obligation to observe and monitor “The Service”. However, Debtmerica reserves the right to review materials posted and to remove any material(s). Debtmerica also reserves the right to terminate your access to any or all of “The Services”, at any time, without notice, for any reason whatsoever.

    Debtmerica reserves the right subject to attorney-client privilege to the extent applicable and to the extent the same is not waived through these provisions, at all times to divulge any information as it considers necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part. These would be more applicable to the publicly accessible areas of “The Service” that are intended to be available to the general public. For example, publicly accessible areas of “The Service” would include message boards and chat rooms that are open to both registered users and visitors.

    In view of the global nature of the World Wide Web, “The User” understands and agrees that technical processing of tools of communication is (and may be) required to send and receive messages, to correspond/conform to the technical requirements of connecting networks, to correspond/conform to the limitations of “The Service”, or to correspond/conform to other, similar technical requirements.

    PRIVACY POLICY

    Registration information and certain other information about you is subject to our Privacy Policy. For more information, see our privacy policy.

    LEGAL DISCLAIMER

    Registration information and certain other information about you are subject to our Disclaimer. For more information, see our Legal Disclaimer.

    LIMITATION OF LIABILITY

    You expressly understand and agree that to the extent permitted under the law, Debtmerica 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, use, data or other intangible losses (even if Debtmerica 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 services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any participating provider on the service; or (v) any other matter relating to the service.

    CONTENT PROVIDED TO THE SERVICE

    Debtmerica does not claim ownership of the “content” (in the form of data, text, software, music, sound, photographs, graphics, video, messages or other materials) you provide to Debtmerica (including feedback and suggestions) or post, upload, privately transmit, input or submit to any Debtmerica site or service for review by the general public. However, by posting, uploading, or making available content or any other material, you grant Debtmerica and its affiliate sites or participating providers permission to use your submission in connection with the operation of their Internet businesses, including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submission, and to publish your name in connection with your submission.

    PROGRAM DISCLAIMER

    Individual results may vary and are based on ability to save funds and successful completion of all program terms. Debt Settlement program does not assume or pay any consumer debts, and does not provide tax or legal advice. Program not available in all states. Read and understand all contract terms prior to enrollment.

  • Privacy Policy

    OUR PRIVACY POLICY CHANGES FROM TIME TO TIME. PLEASE CHECK BACK FOR UPDATES

    We take our ethical responsibilities and your privacy seriously at Debtmerica, LLC (“Debtmerica”). We have a strong commitment to providing excellent service to all our customers and visitors of this Web site, including respecting your concerns about privacy. This Privacy Policy discloses how we collect, protect, use and share information gathered about you on our website. If you use this site you explicitly agree to the terms and conditions of the Privacy Policy in effect at the time of your use. We hope that this disclosure will help increase your confidence in our website and enhance your experience on the Internet. Therefore, in compliance with industry standards and regulations enforced typically by the Federal and State Governments, we abide the following privacy policy.

    Browsing

    This website does not collect personally identifiable information from your computer when you browse this website and request pages from our servers. This means that, unless you voluntarily and knowingly provide us with personally identifiable information, we will not know your name, your email address, or any other personally identifiable information. We may use IP addresses, browser types and access times to analyze trends, administer the site, improve site performance and gather broad demographic information for aggregate use. When you request a page from our website, our servers log the information provided in the HTTP request header including the IP number, the time of the request, the URL of your request, and other information that is provided in the HTTP header. We collect the HTTP request header information in order to make our website function correctly and provide you the functionality that you see on this website. We also use this information to better understand how visitors use our website and how we can better tune it, its contents and functionality to meet your needs.

    Information We Collect and Its Uses

    We collect your personal information if you decide to purchase one of our products or retain our services, participate in our affiliate marketing program, subscribe to our newsletter, complete an application form, participate in one of our surveys or transact other business with us. We need to collect personally identifiable information from you to execute the requested transaction, provide you with a particular service, and/or to further enhance your account. At anytime, we may ask you to voluntarily supply us with additional information needed. We will ask you for information such as, but not limited to: name, current and/or billing address, your e-mail address, telephone number, your Social Security number and certain other personal information, such as your date of birth, address, employment information, and certain credit card and loan account information. We may use your email address to send a confirmation and, if necessary, we might use the other information to contact you for help in processing.

    In addition, when you provide contact details for transaction requests such as scheduling an appointment or requesting a proposal, we may use the contact information to keep you updated about future offers or promotions unless you opt-out online or otherwise notify us. Under no circumstances will Debtmerica sell or share your personal information with any person or organization (“third party”) except: as authorized by you, our participating lenders, agents, and debt management firms depending on the application you fill out and the information you request.

    We may also use the information we collect about you in order to, but not limited to: • learn more about your interest in the products or services we offer and provide you with information; • enroll customers who desire our services • open customer files and establish their accounts • provide customer service • negotiate settlement of our customers’ debts (according to the terms and conditions of their written agreements) • learn how to improve our products or services • provide opportunities for our affiliates and other companies to inform you about the products or services they offer that may interest you • to share aggregated statistical data with our business partners or for public relations. For example, we may disclose that a specific percentage of our users are between the ages of 25 and 35. This information is not disclosed to third parties.

    Disclosure of Information to Participating Providers of Services

    We may disclose a consumer’s personally identifiable information in order to effect or carry out any transaction that you have requested of us or as necessary to complete our contractual obligations with you. WE RESERVE THE RIGHT TO SELL, RENT OR TRANSFER YOUR PERSONAL INFORMATION TO our participating providers, as authorized by you, which include: lenders, agents, and debt management firms FOR ANY PURPOSE IN OUR SOLE DISCRETION. We prohibit the sale or transfer of personal information to non-affiliated entities for their use without giving you the opportunity to opt-out (See Opt-Out below). We may share your personally identifiable information with affiliated companies that are directly or indirectly controlled by, or under common control of Debtmerica. We may send personally identifiable information about you to non-affiliated companies that are not directly or indirectly controlled by, or under common control of, Debtmerica. The personal information collected on this site and by participating providers will be used to operate the site and to provide the services or products or carry out the transactions you have requested or authorized. We may change or broaden the use of your personal information at any time. We may use your personal information to provide promotional offers to individuals by means of email advertising, telephone marketing, direct mail marketing, banner advertising, and other possible uses.

    Choice/Opt-out

    We provide you the opportunity to ‘opt-out’ of having your personally identifiable information used for certain purposes, when we ask for this information. For example, if you purchase a product/service but do not wish to receive any additional marketing material from us, you can indicate your preference by emailing or calling us per the information contained on our contact page.

    If you no longer wish to receive our newsletter, you may opt-out of receiving it by following the instructions included in each newsletter or communication or by emailing or calling us per the information contained on our contact page.

    Customer Care Contact Information:

    Debtmerica, LLC
    3100 S. Harbor Blvd., Suite 250
    Santa Ana, CA 92704
    Phone: 714-389-4200
    Toll Free: 800-470-8155
    Email: customercare[at]blog-cms.debtmerica.com/

    Additional Service Providers

    We may use affiliates or contractors to provide certain clerical and information processing and shipping services on our site. When you sign up for our services, we will share only as much information as is necessary for the provision of those services.

    These parties are prohibited from using your personally identifiable information for any other purpose.

    Securing the Transmission and Storage of Information

    The security of your personal information is extremely important to us. We employ generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it.

    Our site uses security technology to protect information you provide to us through the site when entering sensitive information.

    After information reaches Debtmerica, it is stored on a secure server that resides behind firewalls designed to block unauthorized access from outside of Debtmerica. You can help to maintain the security of your online transactions by not sharing your personal information with anyone. Remember, no method of transmission over the Internet, or method of electronic storage, is 100% secure. (Example: any information you provide us by email is not encrypted) Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

    If you have any questions about the security on our Web site, please feel free to e-mail us.

    Log Files

    As is true of most Web sites, we gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and click stream data.

    We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users’ movements around the site and to gather demographic information about our user base as a whole. We do not link this automatically-collected data to personally identifiable information.

    Cookies

    A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. We use cookies on this site. We do not link the information we store in cookies to any personally identifiable information you submit while on our site.

    We use session ID cookies. We use session cookies to make it easier for you to navigate our site. A session ID cookie expires when you close you browser. If you reject cookies, you may still use our site, but your ability to use some areas of our site, such as contests or surveys, will be limited.

    Some of our business partners (e.g., advertisers) use cookies on our site. We have no access to or control over these cookies.

    This privacy statement covers the use of our cookies only and does not cover the use of cookies by any advertisers.

    Clear Gifs (Web Beacons/Web Bugs)

    We employ a software technology called clear gifs (a.k.a. Web Beacons/Web Bugs), that help us better manage content on our site by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on Web pages and are about the size of the period at the end of this sentence. We do not tie the information gathered by clear gifs to our customers’ personally identifiable information.

    We use clear gifs in our HTML-based emails to let us know which emails have been opened by recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns. If you would like to opt-out of these emails, please contact us.

    Links to Other Sites

    This Web site may contain links to other sites such as our affiliates which are not owned or controlled by us. Please be aware that this privacy policy only addresses our company’s use and disclosure of your information collected on this site.

    While we try to link only to sites that share our standards and respect for privacy, we are not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our site and to read the applicable privacy policies and terms of conditions of each and every Web site that collects personally identifiable information.

    This privacy statement applies only to information collected by this Web site.

    Co-branded sites

    We may be co-branded with “partners and affiliates”. These business to business relationships are helpful to us and to you as they afford all concerned with greater product and service opportunities. We always provide opt-out opportunities regarding the sharing of your information with such partners and affiliates. Please note the sites linked to our site are governed by their own privacy policies which may or may not reach the standards set by our company.

    Access to Personally Identifiable Information

    If your personally identifiable information changes, or if you no longer desire our product or service, you may correct, update, delete or deactivate same by emailing our Customer Care by contacting us by telephone or postal mail at the contact information listed below.

    Customer Care

    If you send us correspondence, including e-mails and faxes, we may retain such information in your customer file. Information you give us over the telephone may be noted for your file. We may also keep copies of any correspondence sent to you. We retain these records in order to provide the products and services you have requested and to measure and improve our customer service. We may, over time, delete these records as permitted by law. Phone calls may be recorded or monitored for customer satisfaction purposes.

    Based upon the personally identifiable information you provide, we may communicate with you to provide the services you request, and to manage your account. We may communicate via email or telephone, in accordance with your wishes.

    Legal Disclaimer

    We reserve the right to disclose your personally identifiable information, as required, to comply with the law, applicable regulations, governmental and quasi-governmental requests, judicial proceedings, court orders or subpoenas, to enforce our Legal Notices or other agreements, or to protect our rights, property or safety or the rights, property or safety of our users or others (e.g., to a consumer reporting agency for fraud protection etc.).

    Business Transitions

    In the event our company goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your personally identifiable information will likely be among the assets transferred. You will be notified via e-mail and/or a prominent notice on our Web site for 30 days of any such change in ownership or control of your personal information.

    Changes to this Privacy Statement

    We reserve the right to modify this privacy statement at any time. We will not jeopardize your privacy. The provisions contained in this privacy statement supersede all previous notices or policies regarding our privacy practices with respect to this site. Any and all changes will be made here, to this privacy statement.

    We encourage you to check our site frequently to see the current privacy statement to be informed of how we are committed to protecting your information and providing you with improved content on our website in order to enhance your online experience. Upon any material changes to the policy statement, we will post those changes to this privacy statement, the homepage, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

    Contact Us

    If you have any questions, comments, complaints or suggestions regarding our privacy policy or our website, please contact us at:
    Debtmerica, LLC
    3100 S. Harbor Blvd., Suite 250
    Santa Ana, CA 92704
    Phone: 714-389-4200
    Toll Free: 800-470-8155
    Email: customercare[at]blog-cms.debtmerica.com/

    PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS