These are the official terms of use for all websites, social media pages and any other online platform owned and/or operated by or on behalf of Debt Clear USA (collectively, the “Website”). The content available on the Website is provided to you by Golden Consumer Solutions, LLC, d/b/a Debt Clear USA, and our respective affiliates, licensors, and contractors (collectively, “Company,” “us,” “our,” “we”), subject to the following Terms and Conditions.
We reserve the right to update or modify these Terms and Conditions at any time. When changes are made, we will make the revised version available on this webpage and will update the “Last Updated” date below. For this reason, we encourage you to review these Terms and Conditions whenever you access or otherwise use this Website. By using our Website, you agree to be bound by the Terms and Conditions posted on the Website at the time of your access.
To learn more about our practices with respect to the collection, use, disclosure, and protection of your information, please visit our Privacy Policy page by clicking here. Our Privacy Policy is incorporated into these Terms and Conditions and, by using this Website, you also agree to the terms of our Privacy Policy.
If you are a member of our text club, you also agree to our Text Terms and Conditions and Text Privacy Policy.
Use of this Website and its Content
This Website and its content are intended for your personal, non-commercial purposes only. Except as expressly permitted in these Term and Conditions, you may not use, reproduce, distribute, adapt, modify, reverse engineer, copy, publish, display, transmit, frame, link, rent, lease, loan, sell, license, or in any way exploit the contents of this Website. You further agree to use this Website and its content, only for lawful, non-commercial purposes and in compliance with all international, federal, state, and local laws.
Programs
All debt products and services (collectively, the “Programs”) advertised on this Website are provided by one or more third-party companies (each, a “Provider”), not Company. If you take our survey and meet certain basic qualifications, you will be redirected to our Provider’s website to determine your eligibility and enroll in the Program.
Third-Party Websites
The Website contains links to third-party websites that are completely independent of this Website, such as our Provider’s website to determine your eligibility and help you enroll in the Program. When you click on a third-party link, you will leave our Website.
Third-party website links are included solely for the convenience of users and do not constitute any approval, endorsement, or warranty by Company. Company is not responsible for the accuracy, completeness, or reliability of any third-party websites, or the Programs or other products or services offered or sold on such third-party websites. Any agreements, transactions, or other arrangements made between you and any third-party (including Provider) are made solely at your own risk.
Any personal information you submit a third-party website will be subject to the privacy notice and/or terms of use of that third-party website. Please review the privacy policy and terms of use of any third-party website for more information on its privacy practices.
Your Representations and Warranties
By using our Website, you represent and warrant the following: (i) you are over the age of eighteen (18); (ii) you have not previously been suspended or removed from this Website; (iii) you will provide us with true, accurate, current and complete information when completing any screening survey or other survey; (iv) you will not impersonate another person or provide us with information pertaining to another person; and (v) you have the capacity and authority to enter into these Terms and Conditions and, in doing so, will not violate any other agreement to which you are a party.
User Content
From time to time, you and other users of this Website may have an opportunity to send to us or post to this Website certain ideas, concepts, information, data, text, photographs, graphics, videos, music, sound, sound clips, messages, comments, facts, advice, tips, opinions and other materials (collectively, “User Content”). If you choose to submit any User Content to us or post to this Website, it will be deemed non-proprietary and non-confidential and may be used by us, our affiliates, independent contractors and others without restriction. We are not responsible for any user’s misuse or misappropriation of any User Content that you post on this Website.
By submitting, sending, posting, uploading, modifying or otherwise providing information, materials, or any other communication to us, including the User Content, whether solicited or unsolicited, you grant us, and our affiliates and independent contractors, the royalty-free, fully paid, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, fully transferable, assignable, sub-licensable right and license to use, copy, reduce, modify, adapt, publish, translate, create derivative works from, improve, distribute, commercialize, perform or display such User Content (in whole or in part), and to incorporate it in other works in/of any form, media, or technology now known or later developed for any purpose, including, without limitation, advertising and promotional purposes, reproduction, transmission, publication, broadcast and posting, without any further consent by you or notice, credit or compensation to you or any third parties. We and our affiliates and independent contractors also have the right, but not the obligation, to use your username (and real name, image, likeness or other identifying information, if provided in connection with User Content), city and state in connection with any broadcast, print, online or other use or publication of your User Content.
By submitting any User Content to us or our Website, you further represent and warrant that you own or otherwise control any and all rights in and to the User Content and that our public posting and use of that User Content will not infringe or violate the rights of any third party in any manner, including without limitation any privacy rights, publicity rights, copyrights, contract rights or any other intellectual property or proprietary rights.
Intellectual Property and Trademark Rights
This Website and all of its contents, including, but not limited to, articles and other text, photographs, images, illustrations, graphics, video material, audio material (including musical compositions and sound recordings), software, logos, trademarks, tradenames, titles, characters, names, graphics and button icons, excluding User Content (collectively, “Proprietary Material”), are protected by copyright, trademark and other laws of the United States, as well as international convention and the laws of other countries. The Proprietary Material is owned or controlled by us or other parties that have provided rights thereto to us.
Without limitation, the modification or use of the content of this Website in a manner not expressly permitted by these Terms and Conditions is a violation of our copyright and other proprietary rights.
Except as otherwise provided in these Terms and Conditions or with our express prior written permission, you may not, and agree that you will not, use, publish, reproduce, display, publicly perform, create derivative works from, reverse engineer or decompile, disassemble, distribute, license, transfer, sell, copy, post, enter into a database, upload, transmit or modify the Proprietary Material or any portion thereof, for any purpose or by any means, methods, or process now known or later developed.
Claims Regarding Copyright Infringement
Notice
If you are a copyright owner or an agent thereof and believe that any User Content or other content on this Website infringes upon your copyright(s), 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):
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- 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 should be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as your name, address, telephone number, and, if available, your e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement, under penalty of perjury, that the information in your notification is accurate and that you are, or are authorized to act on behalf of, the owner of an exclusive right that is allegedly infringed; and
- A physical or electronic signature of the owner or an agent authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated Copyright Agent to receive notifications of claimed infringement is:
DMCA Agent
c/o Debt Clear USA
15233 Ventura Blvd, Ste 500
Sherman Oaks, CA 91403
For clarity, only DMCA notices should go to the Copyright Agent listed above. You acknowledge that if you fail to comply with each of the notice requirements set forth above, your DMCA notice may not be valid.
After receiving a notification of infringement, we will process and investigate the claim and take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, we will act expeditiously to remove or disable access to (i) any material claimed to be infringing or claimed to be the subject of infringing activity, and (ii) any reference or link to material or activity that is claimed to be infringing. We will take reasonable steps to promptly notify the user that we have removed or disabled access to such material.
Counter-Notice
If User Content provided by you was removed (or to which access was disabled), and you believe such User Content is not infringing or that you otherwise have authorization to post and use the content in your User Content, you may send a written counter-notice to the Copyright Agent listed above, containing the following information:
- Identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the User Content was removed or disabled as a result of mistake or a misidentification of the User Content removed or disabled;
- Your name, address, telephone number, and e-mail address;
- A statement that you consent to the jurisdiction of the federal district court in Los Angeles, California and a statement that you will accept service of process from the person who provided notification of the alleged infringement; and
- Your physical or electronic signature.
If a proper counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party, informing that person that we will replace the removed content or cease disabling access to it within ten (10) business days. Unless our designated agent first receives notice from the original complaining party that such party has filed an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, within fourteen (14) business days after the Copyright Agent’s receipt of the counter-notice, at our sole discretion.
WARRANTY DISCLAIMER
WE (INCLUDING OUR PARENT AND AFFILIATE COMPANIES, PROVIDERS, INDEPENDENT CONTRACTORS, LICENSORS, AND OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “RELATED PARTIES”)) PROVIDE THE WEBSITE AND ITS CONTENTS ON AN “AS-IS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE WEBSITE, THE THIRD-PARTY WEBSITE LINKS, INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR RELATED PARTIES DISCLAIM ALL SUCH REPRESENTATIONS AND WARRANTIES INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WE AND OUR RELATED PARTIES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE WEBSITE IS ACCURATE, COMPLETE OR CURRENT. FURTHER, NEITHER WE NOR OUR RELATED PARTIES HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF ANY PERSON USING THIS WEBSITE. THEREFORE, WE DECLINE ALL LIABILITY WHATSOEVER FOR IDENTITY THEFT OR ANY MISUSE OF YOUR IDENTITY OR INFORMATION.
LIMITATION OF LIABILITY
WE AND OUR RELATED PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE WEBSITE, ITS CONTENTS, ANY THIRD-PARTY WEBSITE LINK OR ANY PROGRAM ADVERTISED ON THE WEBSITE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, INJURY, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT OF ANY PROBLEM WITH RESPECT TO THE OPERATION OF THE WEBSITE, THE THIRD-PARTY WEBSITE LINKS, INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THE WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT ON THE WEBSITE.
IN NO EVENT SHALL OUR OR OUR RELATED PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED ONE HUNDRED DOLLARS ($100) FOR YOUR ACCESS, USE OR PARTICIPATION IN ANY ACTIVITY RELATED TO THE WEBSITE, THE THIRD-PARTY WEBSITE LINKS, INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THE WEBSITE.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR RELATED PARTIES, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
INDEMNIFICATION
By accessing and using this Website, you agree to defend, indemnify, and hold us and our Related Parties harmless from any and all claims, liabilities, damages, losses, costs, and expenses, including but not limited to attorneys’ fees and expenses, arising from or in connection with your use of this Website, the uploading, posting, e-mailing, or transmission of any User Content or other materials by you or users authorized by you, infringement of any Proprietary Material, or any violation by you of these Terms and Conditions, our Privacy Policy or any other policy posted from time to time on this Website applicable to your use of this Website. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to assist and cooperate with us in asserting any available defenses.
DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER
Please Read This Provision Carefully. It Affects Your Legal Rights.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
You and Company agree to resolve any and all claims and controversies arising hereunder, and the interpretations hereof, in good faith within sixty days of a party’s notice to the other party of such claims or controversies. If we fail to resolve any claims or controversies arising hereunder within sixty days of such notice, we will resolve such claims and controversies through binding arbitration under the Commercial Arbitration Rules of the Judicial Arbitration and Mediation Services (“JAMS”) or its surviving successor at a location in Los Angeles, California chosen by the arbitrator(s). The arbitrator(s) will make a determination as to the prevailing party in any and all claims and controversies submitted to arbitration hereunder. A party may enter a judgment upon the award rendered by the arbitrator(s) in the state and federal courts located in or nearest to Los Angeles, California and the parties waive any objection to venue in such courts.
MISCELLANEOUS
A printed version of the Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
We control and operate this Website from our offices in the State of California, United States of America. We welcome visitors from all parts of the world; however, all visitors acknowledge that this Website, and all content available on and through this Website, is governed by the laws of the United States of America and the laws of the State of California. We do not represent that the content or Programs advertised on this Website are appropriate or available for use in every state or any country outside of the United States of America. By using this Website, you agree that the laws of the State of California, excluding its conflict of laws rules, and these Terms and Conditions, our Privacy Policy and any other policies posted from time to time on this Website shall govern your use of this Website and its content. Your use of this Website and its content may also be subject to other local, state, national, and international laws.
You and Company acknowledge that these Terms and Conditions express both our entire understanding and agreement, and that there have been no warranties, representations, covenants or understandings made by either party to the other except such as are expressly set forth herein. The parties agree that these Terms and Conditions shall be interpreted as though co-drafted by both parties hereto and any rules of contract interpretation favoring one party over the other shall be disregarded. These Terms and Conditions shall be binding upon and inure to the benefit of each of the parties hereto, and their respective successors and permitted assigns. You may not assign your rights or obligations under these Terms and Conditions at any time. Captions and section headings used in these Terms and Conditions are for convenience only. All necessary provisions shall survive any termination of these Terms and Conditions for any reason. If any provision of these Terms and Conditions is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that the remainder of these Terms and Conditions will otherwise remain in full force and effect. Our failure to exercise in any respect any right provided for herein shall not be deemed a waiver of any of our rights hereunder. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and Conditions, and neither party has any authority of any kind to bind the other in any respect. Any specific right or remedy provided in these Terms and Conditions shall not be exclusive but shall be cumulative upon all other rights and remedies set forth these Terms and Conditions and allowed under applicable law.
Effective date: April 29, 2024
