Terms & Conditions of Use

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Last Updated: January 7, 2025

This website (“Website”) is operated by InCharge Debt Solutions (“InCharge” or the “Company”) and these Terms and Conditions of Use apply to all websites and text message programs owned, operated, controlled and otherwise made available by InCharge and its affiliates (including, but not limited to, mirrored, co-branded and successor sites).

IMPORTANT – READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE, SUBSCRIBING TO INCHARGE SERVICES, INCLUDING THE TEXT PROGRAM PURCHASING PRODUCTS, DOWNLOADING SOFTWARE, TECHNOLOGY, CONTENT OR DATA AND/OR OTHERWISE USING THE INCHARGE SERVICES AND PRODUCTS, AND THE RELATED INCHARGE SOFTWARE, DATA AND/OR TECHNOLOGY USED, STORED, LICENSED OR ACCESSED IN CONNECTION THEREWITH AND THE RELATED INTELLECTUAL PROPERTY RIGHTS EMBODIED THEREIN (COLLECTIVELY, THE “INCHARGE TECHNOLOGY”).

BY AGREEING TO THESE TERMS AND CONDITIONS OF USE, YOU AGREE TO AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS.  IT REQUIRES THAT DISPUTES BE RESOLVED INDIVIDUALLY IN BINDING ARBITRATION OR SMALL CLAIMS COURT. DISPUTES IN ARBITRATION AND SMALL CLAIMS COURT ARE RESOLVED WITHOUT A JURY TRIAL AND WITH LESS DISCOVERY AND LESS APPELLATE REVIEW THAN IN COURT.

INCHARGE IS WILLING TO PROVIDE YOU WITH ACCESS TO THE INCHARGE TECHNOLOGY THROUGH THIS WEBSITE AND MAKE AVAILABLE PRODUCTS AND SERVICES TO YOU  ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN, ON ANY REGISTRATION OR ORDER FORM RECEIVED BY YOU FROM INCHARGE OR ITS AFFILIATES IN CONNECTION WITH THE INCHARGE TECHNOLOGY (COLLECTIVELY, “REGISTRATION AND ORDER FORMS”) AND ON ANY DOCUMENTS REFERENCED HEREIN OR ANY additional terms and conditions that can be viewed either on the pages containing ANY services or offerings, or via a link on those pages or other directions to the additional terms and conditions (COLLECTIVELY, THE “AGREEMENT”).  IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, PROMPTLY CEASE USING THE INCHARGE TECHNOLOGY, AND/OR EXIT THIS PAGE BEFORE DOWNLOADING, ACCESSING, USING, SUBSCRIBING OR INSTALLING THE INCHARGE TECHNOLOGY OR PURCHASING PRODUCTS AND SERVICES FROM INCHARGE.

Authority

By accessing, subscribing, downloading and/or otherwise using the InCharge Technology, you (a) certify that you are at least 18 years of age, and that, if you are acting on the behalf of any person or entity, you are authorized to act on behalf of such party, (b) have read this Agreement and have agreed to be legally bound by this Agreement, and (c) agree to all operating rules and policies of InCharge that may be published within the InCharge Technology or this Website.

Intellectual Property

The InCharge Technology (including, this Website) is owned and operated by InCharge and its licensors and are protected by copyright and other intellectual property laws under United States and international laws and treaties – Copyright 2010-2020 InCharge Debt Solutions.  All rights reserved.  The compilation and arrangement of all content, data and other information found within the InCharge Technology is also the sole and exclusive property of InCharge and its licensors and is protected by U.S. and international intellectual property laws. The “look and feel” of the InCharge Technology, meaning, the structure, sequence and layout of the audiovisual components of such technology as perceived by you, including, but not limited to, the color combinations, button shapes, and all other graphical and navigational elements, are also proprietary to InCharge and its licensors and fully protected under U.S. and international intellectual property laws.

Trademarks

Any and all trademarks displayed within the InCharge Technology are owned by InCharge, its licensors or its affiliates.  Nothing in this Agreement should be construed as transferring any aspects of such rights to you or to any third party. 

Confidentiality

At all times during the term hereof and at all times thereafter, you shall keep confidential and not disclose, directly or indirectly, and shall not use for the benefit of yourself, or any other individual or entity, any Confidential Information of InCharge.  “Confidential Information” means any Submissions, trade secrets, or confidential or proprietary information whether in written, digital, oral or other form that is unique, confidential or proprietary to InCharge or its licensors, including, but not limited to, all parts of the InCharge Technology and any other materials or information related to the business or activities of InCharge that are not generally known to others engaged in similar businesses or activities.

Digital Millennium Copyright Act Notice

Pursuant to the Digital Millennium Copyright Act, InCharge has designated the person listed below as its agent to receive notifications of alleged copyright or other intellectual property infringement on this Website.  InCharge respects the intellectual property of others and asks our users to do the same. If you believe that your work has been copied in a way that constitutes infringement, or your intellectual property rights have been otherwise violated, please provide InCharge’s Copyright Agent the following information (the “Copyright Notice”):  (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) a description of the copyrighted work or other intellectual property that you claim has been infringed; (c) a description of where the material that you claim has been infringed is located in the InCharge Technology; (d) your address, telephone number and email address; (e) 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; and (f) a statement by you, made under penalty of perjury, that the information in your Copyright Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

InCharge’s Agent for transmitting the Copyright Notice for claims of copyright or other intellectual property infringement can be contacted at:

InCharge
Office of the General Counsel
5750 Major Blvd, Suite 300
Orlando, FL 32819

Use of the InCharge Technology

Subject to the terms and conditions set forth herein and any third party restrictions, InCharge grants you a non-transferable, non-exclusive and non-sublicensable limited right and license to view, use and access the InCharge Technology to incidentally view, print and download the images, text, graphics, photographs, audio, video and other content available within the InCharge Technology solely for your informational purposes and for your immediate, private, personal and non-commercial use; provided you retain all InCharge copyright and proprietary notices contained in the original materials or any copies thereof.

All rights not expressly stated herein are reserved by InCharge and InCharge disclaims any and all implied licenses.  Without limiting the foregoing, you agree not to: (i) reverse engineer, decompile, reverse compile, translate, adapt, or disassemble or otherwise access the InCharge Technology, or any part thereof; (ii) copy, distribute, display, transmit or reproduce the InCharge Technology, or any part thereof, in any form, including, but not limited to, fonts, icons, link buttons, wallpaper, and unlicensed merchandise; (iii) publish, display, disclose, sell, rent, lease, modify, store, loan, distribute, publicly display or perform, co-brand, frame, permit third parties to link to, or create compilations or derivative works of the InCharge Technology, or any part thereof, including, but not limited to, using any part of the InCharge Technology to create fonts, icons, links, buttons, wallpaper and unlicensed merchandise; (iv) assign, sublicense, convey, transfer, pledge as security or otherwise encumber the rights and licenses granted hereunder; or (v) use the InCharge Technology in any fashion that may infringe any patent, copyright, trademark, trade secret or any other intellectual property or proprietary right of InCharge, its third party suppliers or any other third party.

You agree not to access the InCharge Technology by any means other than through the interface that is provided to you by InCharge for use in accessing the InCharge Technology.

By posting of information or other materials on this Website or within the InCharge Technology or by making such information available for downloading by you, InCharge does not waive any proprietary right in and to the InCharge Technology (including, but not limited to, copyright, service mark, trademark, patent, trade secret or other intellectual property or proprietary right) and does not transfer any rights to you in the InCharge Technology except for the limited license expressly granted herein.

Submissions

Any and all comments, suggestions, ideas, graphics, personally identifiable information and any other information that you transmit to InCharge through the InCharge Technology (“Submission”) become and will remain the sole and exclusive property of InCharge and may be used by InCharge anywhere, anytime and for any reason whatsoever, including, but not limited to, developing, manufacturing, and marketing products and services incorporating the Submission, subject only to our Privacy Policy with respect to our use of your personally identifiable information.  By making a Submission, you waive the right to make any claim against InCharge Debt Solutions or any of its respective parents, subsidiaries, affiliates, employees, agents, directors, officers, and shareholders related to the Submission, including, but not limited to, unfair competition, invasion of privacy, negligence, breach of implied contract or breach of confidentiality, and you further waive all moral rights you may have in any materials uploaded or sent to us by you.  To the extent InCharge does not acquire full ownership to your Submission, you hereby assign all right, title and interest in and to your Submission to InCharge without the payment of any further consideration to you by InCharge.  You agree to execute any instruments and to do all things reasonably requested by InCharge to vest in InCharge all right, title and interest in and to your Submission.  You also hereby irrevocably designate and appoint InCharge and its duly authorized officers and agents as your agent and attorney in fact, which appointment is coupled with an interest, to act for and in its behalf to execute, verify and file any document and do any other lawfully permitted acts to further the purpose of the foregoing sentences with respect to the ownership of the Submission as if executed by you.

You represent and warrant that your Submissions: (a) shall be true, accurate, current, complete and not misleading, (b) shall not violate the rights of any third party, including, but not limited to, intellectual property and proprietary rights, (c) shall not be fraudulent or involve counterfeit or stolen information or items, (d) shall not violate any law, statute, ordinance or regulation, and (e) shall not create any liability for InCharge.  You also agree to maintain and promptly update your Submissions by means of the InCharge Technology in order to keep that information true, accurate, current and complete.

Participation Disclaimer

InCharge does not and cannot review all Submissions posted to or created by users accessing the InCharge Technology (including, but not limited to, this Website), and is not in any manner responsible for the content of these communications or the activities of these users.  You acknowledge that by providing you with the ability to view and distribute user-generated content through the InCharge Technology (including, but not limited to, this Website), InCharge is merely acting as a passive conduit for the distribution of such information and is not undertaking any obligation or liability relating to the content or the users’ activities.  Even though InCharge may monitor and review transmissions, we assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy, obscenity, profanity or misrepresentation.  Notwithstanding the foregoing, InCharge reserves the right to block or remove communications, postings, or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark, patent, trade secret or other intellectual property rights of another or (d) offensive or otherwise unacceptable to InCharge in its sole discretion.

Disruptive Behavior

Harassment in any manner or form on this InCharge Website or through the use of the InCharge Technology, including via email, web blog (“blog”), comments, submissions, chat, or by use of obscene or abusive language, is strictly forbidden.  Impersonation of others or misrepresenting your affiliation with another, including an InCharge employee or representative, as well as other members or visitors on this InCharge Website or through use of the InCharge Technology is prohibited.  You may not upload to, distribute, send or otherwise publish through this InCharge Website or within the InCharge Technology any content which is harmful, libelous, defamatory, obscene, disruptive, harassing, threatening, offensive, invasive of privacy or publicity rights, abusive, hateful, or racially, ethnically or otherwise objectionable; which may constitute or encourage a criminal offense, violate the rights of any party; or which may otherwise give rise to civil liability, violate any law or infringe on a third party’s intellectual property right (including, but not limited to, material that violates InCharge’s then current policies).

You may not: (i) use InCharge Technology to harm minors in any way; (ii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the InCharge Technology; (iii) upload, post, email, transmit or otherwise make available any materials that you do not have a right to make available 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); (iv) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;  and (v) “stalk” or otherwise harass another; or collect or store personal data about other users.

Electronic Delivery Policy and Your Consent

By using the InCharge Technology, you consent to receive from InCharge all communications including notices, agreements, legally required disclosures or other documents or information in connection with the InCharge Technology (collectively, “Notices”) electronically in accordance with our Electronic Delivery Policy.  InCharge may in its discretion provide such electronic Notices by posting them on this Website.  If you desire to withdraw your consent to receive Notices electronically, you must discontinue your use of the Website and the InCharge Technology.

Warranty Disclaimer

You access and use the InCharge Technology at your sole risk.  The InCharge Technology is provided to you on an “as is” and “as available” basis.  To the fullest extent permissible pursuant to applicable law, InCharge disclaims all warranties (whether express, statutory or implied) of any kind, including, but not limited to, implied warranties of title, merchantability, data accuracy, system integration, fitness for a particular purpose, non-infringement and any other warranty arising under the Uniform Commercial Code, usage of trade, course of conduct or otherwise.

Without limiting the foregoing, InCharge does not represent or warrant that (a) the InCharge Technology will be uninterrupted, timely, secure or error-free, (b) the defects in the InCharge Technology will be corrected, (c) the InCharge Technology or the servers that operate the InCharge Technology are free of viruses or other harmful components, (d) the data, results and information within the InCharge Technology will be correct, accurate, adequate, useful, reliable or otherwise; and (e) the InCharge Technology will meet your needs, requirements or expectations.

InCharge may make changes to the content within the InCharge Technology or to the products or services described in it, at any time without notice to you. Further, InCharge assumes no liability or responsibility for any errors or omissions in the content within the InCharge Technology. The materials in the InCharge Technology may be out of date or inaccurate, and InCharge specifically disclaims any duty to update such content.

Any material downloaded or otherwise obtained by you through the use of the InCharge Technology is done at your sole discretion and risk.  You will be solely responsible for any damage to your computer system or loss of data that results from the downloading of any such material including, but not limited to, damage caused by viruses.

You acknowledge and agree that InCharge shall not be responsible or liable for (i) any unauthorized access to or alteration of your Submissions; (ii) any Submission sent or received or not sent or received and (iii) any Submission stored on storage devices owned, operated or controlled by InCharge.  You acknowledge and agree that InCharge shall not be responsible or liable for any Submissions or conduct of any third party, including, but not limited to, content sent using and/or included within the InCharge Technology provided by any other user of this Website or any third-party licensors or suppliers of InCharge.

Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. If any of the exclusions set forth in this Section is determined by a court of competent jurisdiction to be unenforceable, then all such express, implied and statutory warranties shall be limited in duration for a period of thirty (30) days after the date on which you first access the InCharge Technology, and no warranties shall apply after such period.

Limitation of Liability

NEITHER INCHARGE, ITS SUPPLIERS, OTHER THIRD PARTIES MENTIONED WITHIN THE INCHARGE TECHNOLOGY, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE INCHARGE TECHNOLOGY AND SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND WHICH MAY ARISE, DIRECTLY, OR INDIRECTLY, FROM YOUR USE OF, ACCESS TO, OR INABILITY TO USE AND ACCESS THE INCHARGE TECHNOLOGY OR FROM YOUR PURCHASE OF PRODUCTS AND/OR SERVICES PURCHASED THROUGH THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES OR INJURY FROM OR RELATING TO: THE DOWNLOADING OF ANY MATERIAL CONTAINED WITHIN THE INCHARGE TECHNOLOGY; THE LINKING TO OTHER WEBSITES FROM THE INCHARGE TECHNOLOGY; THE SERVICES, PRODUCTS OR INFORMATION OFFERED ON, MADE AVAILABLE THROUGH THIS WEBSITE; COMPUTER VIRUS OR SYSTEM FAILURE; AND/OR THE UNAVAILABILITY OF ANY SERVICES OR PRODUCTS MENTIONED WITHIN THE INCHARGE TECHNOLOGY WHETHER OR NOT INCHARGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SUBJECT TO THE FOREGOING, IN NO EVENT SHALL INCHARGE’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTIONS (WHETHER IN CONTRACT, STRICT LIABILITY, TORT OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE FEES PAID, IF ANY, BY YOU TO INCHARGE FOR ACCESS AND USE OF THE INCHARGE TECHNOLOGY OR THE PURCHASE PRICE OF ANY GOODS OR SERVICES PURCHASED THROUGH INCHARGE TECHNOLOGY, OR, IN ALL OTHER CASES, FIVE DOLLARS ($5.00).

ANY CREDIT SCORE MADE AVAILABLE TO YOU BY INCHARGE THROUGH THE SERVICES ON THIS WEBSITE IS NOT A FICO SCORE, AND IS NOT A MEANT TO REPLICATE ANY CREDIT SCORES REPORTED BY ANY OTHER COMPANY, INCLUDING, BUT NOT LIMITED TO, ANY CONSUMER REPORTING AGENCY.  INCHARGE DOES NOT GUARANTEE THAT ANY ESTIMATED CHANGE IN YOUR CREDIT SCORE PRESENTED AS PART OF ANY SERVICES AVAILABLE ON THIS WEBSITE WILL RESULT IN AN EQUAL OR COMPARABLE CHANGE IN ANY CREDIT SCORE CALCULATED BY ANY OTHER COMPANY WITH REGARD TO YOUR CREDIT.

INCHARGE IS NOT IMPLYING AND DOES NOT GUARANTEE THAT THE SERVICES AVAILABLE ON THIS WEBSITE WILL IMPROVE YOUR CREDIT RECORD, CREDIT HISTORY, CREDIT RATING OR CREDIT SCORE.  WE WILL NOT LEND YOU MONEY OR REPAY YOUR DEBTS, NOR WILL WE ASSIST YOU IN OBTAINING AN EXTENSION OF CREDIT IN ANY MANNER.  WE DO NOT, AND WILL NOT CONTACT ANY CONSUMER CREDIT REPORTING AGENCY ON YOUR BEHALF TO DISPUTE ANY INFORMATION CONTAINED ON YOUR CREDIT REPORT.  CERTAIN FEDERAL AND STATE LAWS PROHIBIT MAKING ANY STATEMENT WHICH IS UNTRUE OR MISLEADING WITH RESPECT TO YOUR CREDIT WORTHINESS, CREDIT STANDING OR CREDIT CAPACITY (I) TO A CREDIT REPORTING AGENCY, OR (II) TO ANY PERSON (A) WHO HAS EXTENDED CREDIT TO YOU OR (B) TO WHOM YOU HAVE APPLIED OR ARE APPLYING FOR AN EXTENSION OF CREDIT.  CERTAIN FEDERAL AND STATE LAWS ALSO PROHIBIT MAKING ANY STATEMENT THE INTENDED EFFECT OF WHICH IS TO ALTER YOUR IDENTIFICATION TO PREVENT THE DISPLAY OF YOUR CREDIT RECORD, HISTORY OR RATING (I) TO A CREDIT REPORTING AGENCY, OR (II) TO ANY PERSON (A) WHO HAS EXTENDED CREDIT TO YOU OR (B) TO WHOM YOU HAVE APPLIED OR ARE APPYING FOR AN EXTENSION OF CREDIT.

ANY INFORMATION PROVIDED TO YOU AS PART OF THE SERVICES MADE AVAILABLE ON THIS WEBSITE REGARDING YOUR RIGHTS UNDER FEDERAL, STATE OR OTHER LAW, INCLUDING, BUT NOT LIMITED TO, THE FAIR REPORTING ACT (15 U.S.C. 1681, ET SEQ.) AND THE FAIR AND ACCURATE CREDIT TRANSACTIONS ACT OF 2003 (PUB. L. 108-159, 117 STAT. 1952) IS INTENDED TO PRESENT ONLY A GENERAL OVERVIEW OF SUCH LAW AND IS NOT INTENDED TO CONSITUTE LEGAL ADVICE.  IF YOU HAVE SPECIFIC QUESTION OR CONCERNS RELATING TO SUCH LAWS, YOU SHOULD SEEK APPROPRIATE LEGAL COUNSEL.

SOME STATES DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN ALL CASES.

Access to InCharge Technology

You shall be responsible for obtaining access to the InCharge Technology and for all equipment necessary to access the InCharge Technology and you acknowledge that obtaining the foregoing may involve third-party fees (such as internet service provider or airtime charges).  You are responsible for all charges associated with connecting you to the InCharge Technology, including, without limitation, all telephone, equipment, airtime and internet service provider charges.

Passwords and Your Obligations

You may be asked to register as a member on certain pages or services within the InCharge Technology and to select a unique username and password in order to be able to access your account and use any of the InCharge Technology.  As a registered member, you are responsible for maintaining the confidentiality and security of your username and password and shall be responsible for all uses of your username and password, including, but not limited to, any purchases facilitated through the use thereof, whether or not in fact authorized by you. You agree to immediately notify InCharge in writing of any breach of security, including, without limitation, unauthorized use of your username or password.  You also understand that exiting immediately from your account (i.e., “logging off”) at the end of each session will enhance your account security and that failure to do so may permit other persons having access to your computer to use, or modify, your account.  If you permit any person to use your username and password, you shall be liable for all activity and transactions made by that person including transactions for which you may not have authorized.

Please notify us immediately of any unauthorized use of your username and password via email to [email protected]

Security

The InCharge Technology resides on the public internet. InCharge uses commercially reasonable measures to protect the confidentiality and security of any communications transmitted to InCharge and any information stored on servers controlled by InCharge. Notwithstanding these efforts, InCharge cannot guarantee the confidentiality and security of such electronic communications and storage devices used to store such information (including, personally identifiable information) and disclaims all liability arising therefrom.

Without limiting the foregoing, you shall not (a) violate or attempt to violate the security of the InCharge or another entity; (b) access data or materials not intended for you; (c) log into or access a server or account which you are not authorized to access; (d) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; (e) upload, post, email, transmit or otherwise make available 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; (e) interfere with, disrupt, or harm in any way the InCharge Technology, the servers or networks used in connection with it, or services to any user, host or network; (f) use the InCharge Technology in violation of the requirements, procedures, policies or regulations of any other website providers, websites, chat rooms, networks connected to the InCharge Technology (including, but not limited, to this Website) or the like; (g) use Internet Relay Chat (IRC) bots via this InCharge Website (i.e., programs that utilize excessive resources by connecting to an IRC network and running 24 hours per day); (h) run any program on this InCharge Website or through the InCharge Technology that makes a service or resource available to others, including, but not limited to, port redirectors, proxy servers, chat servers or simulated multi-user environments; (i) run programs or specifically configure machines in such a way as to keep a dialup connection active when not in use or otherwise bypass automatic disconnection for inactivity, unless a dedicated access account is provided; or (j) engage in denial of service attacks (i.e., actions designed to impair network access by flooding a site or the Internet with useless traffic).

Violations of system or network security may result in civil or criminal liability.  InCharge reserves the right to investigate occurrences that may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting users who have participated in such violations.

Representations

Subject to the terms and conditions set forth herein, you may use the InCharge Technology only for lawful purposes.  The InCharge Technology is subject to, and you agree that you shall at all times comply with, all applicable local, state, national, and international laws, statutes, rules, regulations and ordinances including, but not limited to, any regulations having the force of law that are applicable to the use of the InCharge Technology and to your Submission.

Authorization

To the extent you register and utilize the service known as the InCharge credit counseling services available on this Website, you hereby expressly authorize InCharge to obtain, on your behalf, a copy of your credit report from a credit reporting agency, and to disclose certain identifying information to said credit reporting agency such as your social security number as part of our effort to obtain your credit report.  You hereby authorize us to receive your credit report and to utilize your report and the contents thereof in rendering the credit counseling services.

Indemnification

You agree to indemnify, defend, and hold harmless InCharge, its affiliates, agents, vendors, distributors, licensors and suppliers and their officers, directors, and employees from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from (a) any violation of the terms and conditions of this Agreement, (b) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing your account, (c) your use of (or inability to use) the InCharge Technology; and (d) any use of your Submission by InCharge or any other party, including, but not limited to, any third party claim of infringement of an intellectual property or proprietary right or invasion of privacy or publicity. Nothing herein shall apply to actions or claims under the provisions of the United States Bankruptcy Code, 11 U.S.C. § 111(g)(2).

Blog Disclaimer

The blog entries, quotations and other editorial content on this InCharge Website are provided “as is” with no warranties and confers no rights.  The blog entries are solely the opinion of the author and do not necessarily reflect the opinions of InCharge and/or its affiliates.

Termination

You agree that InCharge, at its sole discretion, may terminate or suspend your access to and use of the InCharge Technology (or any part thereof) at any time and for no or any reason whatsoever, including, without limitation, for lack of use by you or if InCharge believes that you have violated or acted inconsistently with the terms and conditions of this Agreement.  InCharge reserves the right at any time to modify or discontinue, temporarily or permanently, your access to and use of the InCharge Technology (or any part thereof) without notice. You agree that InCharge shall not be liable to you or to any third party for any modification, suspension or discontinuance of your use of or access to the InCharge Technology.  Your obligations under this Agreement shall continue even after InCharge has terminated and/or cancelled this Agreement or your access to the InCharge Technology.

Applicability of Content

This Website is operated in the State of Florida, United States of America, and InCharge makes no representation that the content provided through the InCharge Technology are applicable or appropriate for use in jurisdictions other than the United State of America.  If you access our InCharge Technology (including, but not limited to, this Website) from outside of the United States, please be aware you are responsible for compliance with any applicable laws.  To the extent any applicable local laws prohibit your viewing and use of the InCharge Technology, you may not view or use the InCharge Technology.

Privacy Policy

We realize that you are concerned about how the information you provide online will be used.  InCharge has a Privacy Policy that discloses what information InCharge collects about you, how InCharge uses such information, the steps InCharge takes to secure such information, how you can view and correct such information and how you can decline to have such information about you collected or used.  The Privacy Policy is available on this Website and is incorporated herein by this reference. By agreeing to these Terms and Conditions of Use, you expressly agree to our Privacy Policy. Please read our Privacy Policy for more details.

Governing Law

This Agreement shall be governed and construed in all respects by the laws of the State of Florida, without regard to principles of conflict of laws and without application of the Uniform Computer Information Transaction Act and the United Nations Convention of Controls for International Sale of Goods.

Order of Preference

This Agreement governs your use and access to the InCharge Technology.  This Agreement does not modify, alter or amend any other specific agreement you have entered or will enter into with InCharge.  To the extent that any provision of this Agreement, or any supplemental agreement offered as any part of any registration for additional services on this Website or within the InCharge Technology, conflicts with any provision of your other agreements with InCharge, the terms and conditions of such other agreement shall, take precedence over the conflicting term(s) and conditions of this Agreement.

Links to Other Web Sites

The InCharge Technology contains links to other web sites (“Third Party Sites”) controlled or offered by third parties (non-affiliates of InCharge).  InCharge is not responsible for the content, accuracy or opinions expressed on such Third-Party Sites and such sites are not investigated, monitored or checked for accuracy or completeness by InCharge.  InCharge hereby disclaims any and all liability for any information, materials, and products or services posted or offered at any of the Third-Party Sites.  By creating a link to Third Party Sites, InCharge does not endorse or recommend any products or services offered or information contained at Third Party Sites, nor is InCharge liable for any failure of products and services offered or advertised at those sites.  Such third parties may have a privacy policy different from that of InCharge and Third-Party Sites may provide less security than InCharge.

Revisions and Consents

InCharge reserves the right to revise the terms and conditions of this Agreement at any time and for no or any reason whatsoever.  InCharge also reserves the right to make changes at any time, without notice or obligation, to any of the information, products or services contained on or offered through the InCharge Technology (including, but not limited to, on this Website).  Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions shall be effective immediately and incorporated in this Agreement upon notice thereof, which may be given by any reasonable means, including, but not limited to, posting such changes on this Website or via electronic notice as described above.  By continuing to enter this Website and/or using the InCharge Technology, you acknowledge and agree that you shall be bound by any such revisions.  Accordingly, you should periodically review the terms and conditions of this Agreement.

BINDING INDIVIDUAL ARBITRATION AGREEMENT; CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND DISCOVERY PROCEDURES AND APPELLATE RIGHTS ARE MORE LIMITED THAN IN COURT.

  1. Disputes that Must Be Arbitrated

This agreement applies to any “Dispute” between you and InCharge (“Company”).  “Dispute” means any dispute, claim, or controversy (excluding those exceptions listed below) between you and Company, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, for which either of us seeks legal recourse, including the validity, enforceability, or scope of this agreement to arbitrate or any portion of it.

The exceptions to this arbitration requirement are: (i) claims that can be brought as individual actions in small-claims court; (ii) pursuit of enforcement actions through a government agency if the law allows; (iii) an action to compel or uphold any prior arbitration decision; (iv) your or Company’s right to seek injunctive relief in a court of law to preserve the status quo while an arbitration proceeds; (v) claims of intellectual property infringement; (vi) claims that are the subject of a proposed class or collective action settlement in any court; (vii) the enforceability of the requirement that arbitrations must be conducted on an individual rather than a class basis; and (viii) certain roles expressly specified for courts in the terms below.

  1. Informal Resolution

If you have a Dispute against Company or if Company has a dispute against you, Company will attempt to resolve the Dispute informally before an arbitration is filed in order to resolve the Dispute faster and reduce costs for both parties. You and Company will make a good-faith effort to negotiate the resolution of any Dispute for at least 30 days (“Informal Resolution”) from the day you or Company receive a written notice of a dispute from the other party (a “Notice of Dispute”) in accordance with these Terms.

You must send any Notice of Dispute to the following address:

InCharge
Office of the General Counsel
5750 Major Blvd., Suite 300
Orlando, FL 32819

Company will send any Notice of Dispute to your registered email address and ATTN: NOTICE OF DISPUTE to the email address and any address you have provided Company. The Notice of Dispute sent by either party must include the sender’s name, address, and other contact information, a description of the Dispute (including any relevant account names or numbers), and what resolution to the Dispute is being sought.

The Notice requirement is designed to allow Company (or you, in the case of a dispute Company asserts against you) to make a fair, fact-based offer of settlement if Company or you choose to do so. You and Company cannot proceed to arbitration unless this information has been provided. If you or Company proceed to arbitration without providing a compliant Notice of Dispute, the sufficiency of a Notice of Dispute is an issue to be decided by a court. A court may enjoin the filing of an arbitration demand that has not been preceded by a compliant Notice of Dispute and may order a party that has filed an arbitration demand without having provided a compliant Notice of Dispute to reimburse the other party for any arbitration fees and costs already incurred.

  1. Small-Claims Court

You and Company agree that notwithstanding the obligation to arbitrate Disputes, Disputes that qualify for small-claims court in either the county where you live or in Orange County, Florida may be brought as individual actions in such small-claims courts.  Company hopes you’ll try Informal Resolution first, and you must do so before commencing an arbitration, but you don’t have to complete the Informal Resolution process before going to small-claims court.

  1. Binding Individual Arbitration

THE ARBITRATION PROCEEDINGS IN THIS SECTION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY. Under no circumstances does Company consent to have any Disputes arbitrated using class action procedures, even if the arbitration provider has rules permitting class arbitrations.

You and Company agree that Disputes will be settled by binding individual arbitration conducted by National Arbitration and Mediation (“NAM”), www.namadr.com or (800) 358-2550, according to the U.S. Federal Arbitration Act (“FAA”) and federal arbitration law and according to Comprehensive Dispute Resolution Rules and Procedures (“NAM Rules”), as modified by these Terms.  These Terms affect interstate commerce, and the enforceability of this Section 4 will be substantively and procedurally governed by the FAA, 9 U.S.C. § 1, et seq., to the extent permitted by law.

Arbitration” means that Disputes between you and Company will be resolved by a neutral arbitrator instead of in a court by a judge or jury.

Individual” means that the arbitrator may award the same remedies to you or to Company as a court could, but only to satisfy your or Company’s individual claims.  To the fullest extent allowed by applicable law, the arbitrator may not award money or other relief for the benefit of any person other than you or us as part of the resolution of any Dispute.

Binding” means that both you and Company will have to live with the arbitrator’s decision, except to the limited extent appeals to a court are permitted under the FAA. As limited by the FAA, these Terms, and the rules applicable to the arbitration, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms, but (as provided above) only to the extent necessary to provide relief to a party in arbitration warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction.

  1. Arbitration Procedure and Location

You or Company may initiate arbitration of any Disputes not resolved by Informal Resolution by filing a Demand for Arbitration with NAM in accordance with the NAM Rules. Instructions for filing a Demand for Arbitration are available at www.namadr.com or (800) 358-2550.  You will send a copy of any Demand for Arbitration to the following address:

InCharge
Office of the General Counsel
5750 Major Blvd., Suite 300
Orlando, FL 32819

Company will send any Demand for Arbitration to the email address and to any address you have provided Company.

The arbitration will be conducted by a single arbitrator. You and Company both agree that the arbitration will be conducted in the English language and that the arbitrator will be bound by these Terms.

For Disputes in which the claimant seeks less than $10,000, the arbitrator will decide the matter solely on the basis of written submissions, without a formal hearing, unless the arbitrator decides that a formal hearing is necessary. For matters in which the claimant seeks $10,000 or more, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings shall be conducted by video or telephone, unless the arbitrator determines an in-person hearing to be necessary. If an in-person hearing is required, and you reside in the United States, the hearing will take place in Orange County, Florida unless the arbitrator determines that this would pose a hardship for the claimant, in which case the in-person hearing may be conducted in the claimant’s state and county of residence. If you reside outside the United States, the site of any in-person hearing will be determined by the applicable Rules.

The arbitrator (not a judge or jury) will resolve the Dispute. Unless you and Company agree otherwise, any decision or award will include a written statement stating the decision of each claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions.

To the fullest extent allowed by applicable law, the arbitrator may only award legal or equitable remedies that are Individual to you or Company to satisfy one of our individual claims (that the arbitrator determines are supported by credible relevant evidence). An arbitration award, and any judgment confirming it, apply only to that specific case; it cannot be used or offered as precedent in any other case except to enforce the award itself.

Any decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial confirmation of any award and an order of enforcement.

  1. Consumer Arbitration Fees

The terms of this section only apply to you if you are a Consumer.

If you start arbitration against Company, you will pay the filing fee required for consumer arbitrations. In some situations, Company will help you with the fees related to an arbitration you initiate against Company to (hopefully) move us to a resolution quickly and fairly:

Payment of all filing, administrative, and arbitrator fees will be governed by the NAM Rules.

Arbitration costs do not include your attorneys’ fees and expenses if you choose to be represented by an attorney. If you choose to be represented by an attorney, you will pay your own attorneys’ fees and costs unless the applicable law provides otherwise.

  1. Notice and Filing

To the fullest extent permitted by applicable law, you or Company must start arbitration of a Dispute within one (1) year from when the Dispute first arose. If applicable law requires you or Company to bring a claim for a Dispute sooner than two years after the Dispute first arose, that shorter deadline applies instead. The failure to begin arbitration regarding a Dispute within the time frames described above in this section shall bar the Dispute, which means that to the fullest extent permitted by applicable law, you and Company will not have the right to assert the Dispute.

  1. Coordinated Filings

If 25 or more Disputes are initiated with the arbitrator that raise similar claims, and counsel for the claimants are the same or coordinated, these will be considered “Coordinated Cases.” Company will pay only its share of arbitration fees for Coordinated Cases; the claimants will be responsible for their share of those fees as set by the Rules and NAM’s fee schedule for mass arbitrations. Applicable statutes of limitations will be tolled for all claimants who have provided compliant Notices of Dispute to Company but demands for arbitration in Coordinated Cases shall only be filed with the arbitration provider as permitted by the bellwether process set forth below, and Company shall not be required to pay any fees associated with cases that this agreement does not allow to be filed.

Once all Notices of Dispute have been provided to Company for Coordinated Cases, counsel for claimants and counsel for Company shall confer in good faith regarding the number of cases that should proceed as bellwethers, to allow each side to test the merits of its arguments, before the remainder of claims may be filed with the arbitration provider. Any number chosen must be an even number so as to allow each side to designate its half of the cases selected for bellwether trials. If counsel for claimants and for Company do not agree on the number of bellwethers, the number shall be chosen by the arbitration provider as an administrative matter (or, in the arbitration provider’s discretion, by a process arbitrator). Factors that the arbitration provider may consider in making this decision include the complexity of the dispute and differences in facts or applicable laws among various claims. Once the number of bellwethers is fixed, by agreement or by the arbitration provider, each side shall select half that number from among the claimants who have provided compliant Notices of Dispute, and only those chosen claims may be filed with the arbitration provider. You agree that if your case is among Coordinated Cases filed against Company, resolution of your personal claim might be delayed by this bellwether process. Nothing in this paragraph shall be construed to delay the resolution of uncoordinated Disputes based on similar claims to Coordinated Cases filed against Company.

A single arbitrator shall preside over each Coordinated Case chosen for a bellwether proceeding, and only one Coordinated Case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise.

Once all bellwether trials have concluded (or sooner if the counsel for the claimants in the Coordinate Cases and Company agree), the parties must make a good-faith effort to resolve all remaining cases that were not chosen for a bellwether proceeding by engaging in a single mediation of all remaining cases. Each side shall pay half the applicable mediation fee. Counsel for claimants in the Coordinated Cases and for Company must agree on a mediator within 30 days after the conclusion of the last bellwether trial. If counsel for claimants in the Coordinated Cases and for Company cannot agree on a mediator within 30 days, the arbitration provider will appoint a mediator as an administrative matter. Counsel for the claimants in the Coordinated Cases and for Company will cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed.

If the mediation does not yield a global resolution, then claimants in Coordinated Cases who provided compliant Notices of Dispute but whose claims were not resolved in bellwether proceedings shall no longer have the right to arbitrate their Dispute. Instead, outstanding claims from such cases may be filed only in the state courts in Orange County, Florida or if federal jurisdiction exists, in the United States District Court for the Middle District of Florida, and you consent as part of these Terms to venue such cases exclusively in these courts. Nothing in this paragraph shall be construed as prohibiting either you or Company from removing a case from state to federal court if removal is allowed under applicable law. To the extent you are asserting the same claims as other persons and are represented by common or coordinated counsel, you agree to waive any objection that the joinder of all such persons is impracticable. If a formerly arbitrable Dispute is brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in the Coordinated Cases who provided compliant Notices of Dispute, and Company reserves the right to contest class certification at any stage of the litigation and on any available basis.

A court shall have authority to enforce this bellwether process and may enjoin the filing of lawsuits or arbitration demands not made in compliance with it.

  1. Continuation in Effect

The dispute resolution process set forth in this agreement survives the termination of any other agreement between you and Company.

  1. Future Terms Changes

Although Company may revise these dispute resolution terms in its discretion, Company does not have the right to alter this agreement, or the arbitration rules specified herein, with respect to any Dispute once that Dispute arises if such change would make arbitration procedures materially less favorable to the claimant.  The question of whether a change is materially less favorable to the claimant shall be decided by the arbitration provider as a process matter.

  1. Class Action Waiver

To the maximum extent permitted by applicable law, disputes, claims, and controversies not subject to the requirement to arbitrate (including, but not limited to, claims filed in small claims court and claims that are deemed not subject to the requirement to arbitrate) may not be aggregated together in a class action, except that (as set forth above in Section 8) if a formerly arbitrable Dispute is brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in the Coordinated Cases who provided compliant Notices of Dispute, and Company reserves the right to contest class certification at any stage of the litigation and on any available basis.  Accordingly, to the maximum extent permitted by applicable law, you and Company will only bring disputes, claims, or controversies between Company in an individual capacity only and shall not:

  • seek to bring, join, or participate in any class or representative action, collective or class-wide arbitration, or any other action where another individual or entity acts in a representative capacity (like private attorney general actions); or
  • consolidate or combine individual proceedings or permit another to do so without the express consent of all parties to these Terms.
  1. Severability

If all or any provision of this agreement is found invalid, unenforceable, or illegal, then you and Company agree that the provision will be severed, and the rest of these terms shall remain in effect and be construed as if any severed provision had not been included. The sole exception is that if the prohibition on class arbitrations is found invalid, unenforceable, or illegal, you and Company agree that this entire agreement to arbitrate (but not the separate class action waiver) will be void and unenforceable and any dispute will be resolved in court subject to the venue and choice of law clauses specified herein.

  1. Your 30-Day Right to Opt-Out

You have the right to opt out of and not to be bound by the Binding Individual Arbitration provisions set forth in these Terms (except for the class action waiver, which is not subject to an opt-out). To exercise this right, you must send written notice of your decision to the following address:

InCharge
Office of the General Counsel
5750 Major Blvd., Suite 300
Orlando, FL 32819

Your notice must include your name, mailing address, and email address associated with your account with Company, and state that you do not wish to be bound by the Binding Individual Arbitration provisions set forth in these Terms. TO BE EFFECTIVE, THIS NOTICE MUST BE POSTMARKED OR DEPOSITED WITHIN 30 DAYS OF THE DATE ON WHICH YOU FIRST ACCEPTED THESE TERMS UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW; OTHERWISE, YOU WILL BE BOUND TO ARBITRATE DISPUTES IN ACCORDANCE WITH THIS SECTION. You are responsible for ensuring that Company receives your opt-out notice, so you may wish to send it by a means that provides for a delivery receipt. If you opt out of these provisions, Company will not be bound by them with respect to disputes with you.

General Provisions

If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions of this Agreement.  You agree that if any part of the terms and conditions of this Agreement are found to be unenforceable, then the remainder of the terms and conditions of this Agreement will remain in full force and effect.

InCharge’s failure to insist upon or enforce strict performance of any provision of the terms and conditions of this Agreement shall not be construed as a waiver of any other provision, term or right set forth herein.  Neither the course of conduct between the parties nor trade practice shall act to modify any of the terms and conditions of this Agreement.  InCharge may assign its rights and duties under this Agreement to any party at any time without notice to you.  You may not assign this Agreement, or the rights granted herein to any party without the prior written consent of InCharge.  The section headings used in this Agreement are for convenience only and have no legal or contractual effect.

Entire Agreement

This Agreement constitutes the entire agreement between you and InCharge with respect to the subject matter addressed herein, and governs your access to and use of the InCharge Technology, superseding any prior agreements between you and InCharge relating to such subject matter, but this Agreement may be supplemented by any other agreement you enter into with InCharge pursuant to your enrollment and/or participation in other features of the InCharge Technology.

Print this Agreement

For record keeping purposes, InCharge encourages you to print this Agreement, and the ancillary documents described herein.