Terms and Conditions
Welcome to the DebtConsolidationUnion.com web site, available at
http://www.DebtConsolidationUnion.com/ (collectively, this
“Site”). This Site is owned and operated by Verature Enterprise.
Please read these Terms of Use carefully before using this Site. By
accessing or using this Site in any way, including, without limitation, browsing
this Site, using any information, using any services, signing up as a lender,
and/or submitting your personal information to Verature Enterprise, you agree to
and are bound by the terms, conditions, policies and notices contained on this
page (these “Terms”), including but not limited to conducting this
transaction electronically, disclaimers of warranties, damage and remedy
exclusions and limitations, and a choice of Tennessee law.
1. General
DebtConsolidationUnion does not provide loans or offer mortgages. It is not
involved in the actual negotiations between lenders and borrowers.
DebtConsolidationUnion acts solely as an intermediary, primarily gathering
information that might be of use to a lender that is seeking new loan transactions
and passing on information that has been voluntarily provided by borrowers who
desire to find a lender (the “Services”). DebtConsolidationUnion is
not a lender or agent of any lender, and does not make loans or credit decisions
in connection with loans. DebtConsolidationUnion does not endorse or recommend the
services of any particular lender. If you have a dispute with another user,
whether a lender or borrower (each, a “User”), you hereby release
DebtConsolidationUnion, its directors, officers, employees and agents from and
against any and all liability, claims, demands, and damages, disclosed and
undisclosed, arising out of or in any way connected to such disputes.
2. Borrower Obligations
(a) By submitting your information through this Site, you certify that all
of the information you have provided through this Site is true and complete. You
authorize DebtConsolidationUnion to provide your information, including your
credit history, to up to three (3) lenders. You further authorize such lenders,
together with any additional lenders or investors necessary to complete your loan
transaction, to check your credit history and to return their decision to you
directly.
(b) You must accept these Terms in order to complete your application and submit
it through DebtConsolidationUnion to a lender. DebtConsolidationUnion reserves the
right to reject the information you provide for any reason, at its sole
discretion. In addition, DebtConsolidationUnion reserves the right to terminate or
prohibit your use of the Site or the Services for any reason, at any time, at its
sole discretion. The Site and the Services are available only to individuals and
businesses that can form legally binding contracts under applicable law.
(c) DebtConsolidationUnion and all participating lenders and brokers do not
guarantee a response to the information you provide. DebtConsolidationUnion
reserves the right to change any information on this Site including but not
limited to modifying, limiting, or discontinuing the Services. Unless otherwise
stated, nothing contained on this Site is an offer, promise or otherwise, either
to make a specific loan or that any participating lender or broker will make any
loan for any purpose or on any specific terms. Unless expressly stated in writing,
nothing contained herein shall constitute an offer or promise for a loan
commitment or interest rate lock-in agreement. In addition, DebtConsolidationUnion
does not guarantee that the loan terms or rates offered and made available by
participating lenders through this Site are the best terms or lowest rates
available in the market.
(d) All loan related decisions are made by the lender or broker in the
course of its business and any applicable loan offerings are made to qualified
applicants in separate loan documents which are required by applicable state and
federal laws of the United States of America. Loans may only be made to residents
or states where participating lenders or brokers are licensed or authorized to
make such loans. By offering their loans on this Web Site, lenders are not
attempting to make loans outside their authorized states or country.
DebtConsolidationUnion and its participating lenders reserve the right to
discontinue the offering the Services in any specific state accessible through
this Site. You acknowledge and agree that DebtConsolidationUnion and its
participating lenders shall not be liable or responsible should confidential
information belonging to you be intercepted and subsequently used by an unintended
recipient.
3. Lender Obligations
Any fraudulent, abusive or otherwise illegal activity may be grounds for
termination of your account, at Verature Enterprise’s sole discretion, and
DebtConsolidationUnion may refer you to appropriate law enforcement agencies.
4. Use of Site Content
(a) All contents of this Site are: © 2006 Verature Enterprise. All
rights reserved. This Site contains copyrighted material, trademarks, service
marks, trade dress and other proprietary content, including but not limited to
text, software, sound, photographs, buttons, images, logos, video and graphics
(the “Content”), and the entire selection, coordination, arrangement
and “look and feel” of this Site and the Content are copyrighted as a
collective work under United States copyright laws (collectively,
“Intellectual Property Rights”). You are only permitted to use Content
as expressly authorized herein or in writing by Verature Enterprise. Neither these
Terms nor your use of this Site or Services transfers any right, title or interest
in the Site or the Content to you, and DebtConsolidationUnion and its third party
licensors retain all of its and their respective right, title and interest to the
Site and Content.
(b) This Site is available worldwide to anyone with Internet access.
However, this Site may not be continuously available due to maintenance or repairs
or due to computer problems or crashes, disruption in Internet service or other
unforeseen circumstances. Further, references to the Services on this Site do not
imply that such product or service is or will be available in your location. The
Content of this Site, including any advertising content, is intended for use and
display only where its use and display are permissible in accordance with
applicable laws and regulations.
(c) Certain materials on this Site may be furnished by third parties.
Certain product, service, or company designations for companies other than
DebtConsolidationUnion may be mentioned on this Site for identification purposes
only. Third party trademarks, trade names, logos, product or services names
contained on this Site are the trademarks, registered or unregistered, of their
respective owners.
(d) Nothing contained in these Terms shall be construed as conferring any
other license or right, expressly, by implication, by estoppel or otherwise, under
any of our Intellectual Property Rights or under any third party’s
Intellectual Property Rights. Any rights not expressly granted herein are
reserved.
5. Permitted Use
Except as indicated to the contrary elsewhere on this Site, you may view, copy,
retransmit and print the Content available on this Site subject to the following
conditions:
(a) the Content is used solely for personal,
informational, or internal business purposes;
(b) the Content is not provided, sold, licensed or leased
(nor is access provided to the Content) for any fee or other consideration;
(c) all copyright, trademark and other proprietary rights
notices included in the Content as presented at the Site appear on all copies;
(d) the Content is not modified or altered in any way;
and
(e) no graphics are used separately from accompanying
text.
You may also link or hyperlink to the home page of the Site from any Acceptable
Site, but only if:
(a) you do not frame the Site or any portion of the
Site;
(b) the hyperlink to the Site is not used in a way that
suggests that DebtConsolidationUnion endorses you or your web site;
(c) you obtain DebtConsolidationUnion prior written
approval if you intend to use any logos, trademarks, or other copyrighted material
for such link;
(d) the link to the Site is not used or presented in any
way that disparages DebtConsolidationUnion or tarnishes, blurs or dilutes the
quality of DebtConsolidationUnion names or trademarks or any associated
goodwill;
(e) any link or authorized logo used as a link include
appropriate legends or other proprietary notices;
(f) the link to the Site is not displayed on
any web page that displays objectionable content or links; and
(g) you agree that we may terminate your right to link or
hyperlink to the Site at anytime for any reason or no reason.
An “Acceptable Site” means a web site that displays no objectionable
content, including, but not limited to, any content, information in any medium or
format, such as text, data, graphics, audio or video, that: (i) is libelous
or defamatory, pornographic, sexually explicit, unlawful or plagiarized; (ii) a
reasonable person would consider harassing, abusive, threatening, harmful,
profane, obscene, racially, ethnically or otherwise objectionable or offensive in
any way; (iii) constitutes a breach of any person’s privacy or publicity
rights, a misrepresentation of facts, hate speech or an infringement of any third
party’s intellectual property or proprietary rights of any kind, including
without limitation, copyright, patent, trademark, industrial design, trade secret,
confidentiality or moral rights; or (iv) violates or encourages others to violate
any applicable law.
6. User Conduct
In using the Site, including all Content and Services available through it, you
agree that you shall not:
(a) modify, republish, frame, print, display, perform,
reproduce, license, transfer, sell, assign, post, transmit, distribute, reverse
engineer, create derivative works from, or otherwise exploit any Content or
information from the Site, in whole or in part, without the express permission of
Verature Enterprise;
(b) send unsolicited commercial email to the email
addresses appearing on the Site (spam, chain emails, bulk advertising and similar
email solicitations are expressly prohibited);
(c) delete, modify, hack or attempt to change or alter any
of the Content on or Services offered through the Site;
(d) use any device, software or routine intended to damage
or otherwise interfere with the proper functioning of the Site, the Services, or
servers or networks hosting the Site, or take any other action that interferes
with other parties’ use of the Site;
(e) use any robot, spider or other automatic or manual
device or process for the purpose of gathering, extracting, harvesting or
compiling information on the Site for purposes other than for a generally
available search engine;
(f) use any DebtConsolidationUnion names,
service marks, or trademarks without our prior written consent, including without
limitation as metatags, search engine keywords, or hidden text;
(g) use any material or information, including images or
photographs, which are made available through this Site in any manner that
infringes any copyright, trademark, patent, trade secret or other proprietary
right of any party; or
(h) defame, abuse, harass, stalk, threaten or otherwise
violate the legal rights of any third party.
7. Modifications To Terms and
Site
DebtConsolidationUnion may change these Terms from time to time. Each time changes
are made to these Terms, they will be posted on this Site’s home page.
Your continued use of this Site or the Services following the posting of any
changes to the Terms constitutes your acceptance of those changes. If you object
to any provision of these Terms or any subsequent modifications to these Terms or
become dissatisfied with the Site in any way, your only recourse is to immediately
terminate use of the Site.
8. Termination of Site/Modifications To
Site
DebtConsolidationUnion reserves the right to modify or terminate these Terms or
your access to the Site or Services (or portions of the Site or Services) at any
time, temporarily or permanently, with or without notice to you, and is not
obligated to support or update the Site. Sections 1, and 3-18 of these Terms shall
survive any termination of these Terms or your right to access to the Site.
DebtConsolidationUnion may also impose limits on certain features and Services or
restrict your access to parts or this entire Site without notice or liability. You
acknowledge and agree that DebtConsolidationUnion will not be liable to you or any
third party in the event that DebtConsolidationUnion exercises its right to modify
or terminate access to the Site or Services (or portions of the Site or
Services). Unless explicitly stated otherwise, any new features that
augments or enhances the current Site will be subject to these Terms.
9. Privacy
DebtConsolidationUnion will treat any information it collects from you in
accordance with its Privacy Policy, which is hereby incorporated by reference.
Please review the Privacy Policy before you use the Site. If you are unwilling to
accept the terms and conditions of the Privacy Policy, we ask that you not use the
Site or any Services offered through the Site.
10. Copyright Infringement
In accordance with the Digital Millennium Copyright Act (“DMCA”)
http://lcweb.loc.gov/copyright/, DebtConsolidationUnion has designated an agent to
receive notifications of alleged copyright infringement associated with the
Site. DebtConsolidationUnion will, upon receiving proper notice as set forth
below, use commercially reasonable efforts to investigate notices of copyright
infringement and take appropriate action under the DMCA. If you believe that your
copyrighted work or the copyrighted work of another party is being infringed,
please notify our copyright agent at webmaster@DebtConsolidationUnion.com or
through the address set forth at the end of this page. When notifying
DebtConsolidationUnion of the alleged copyright infringement, please include all
of the following information:
(a) a physical or electronic signature of a person
authorized to act on behalf of the owner of the copyright interest that is claimed
to have been infringed;
(b) identification of the copyrighted work alleged to have
been infringed;
(c) a description of the material that is claimed to be
infringing and information sufficient to locate the material on the Site;
(d) information sufficient to contact the complaining
party, such as a physical address, telephone number, and, if available, an
electronic mail address;
(e) a statement that the complaining party has a good
faith belief that the use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the law; and
(f) a statement that the information in the
notification is accurate and, under penalty of perjury, that the complaining party
is authorized to act on the copyright owner’s behalf.
If material is believed in good faith by DebtConsolidationUnion to infringe a
copyright or otherwise violate any intellectual property rights,
DebtConsolidationUnion will remove or disable access to any such material.
11. Other Sites, Content, Products and
Services
As a convenience to you, this Site may run advertisements and provide links to web
sites and access to content, products and services of third parties, including
without limitation, Verature Enterprise’s affiliates, co-branded and
strategic partners, and other entities with which our connection consists of only
a hyperlink (“Linked Sites”). You should refer to the separate terms
of use, privacy policies, and other rules posted on Linked Sites before you use
them. DebtConsolidationUnion does not author, edit or monitor these Linked Sites,
and is not responsible or liable for (a) the availability of or content provided
on such Linked Sites, nor does inclusion of any link imply endorsement of the
Linked Sites by Verature Enterprise, or vice versa; (b) third party content
accessible through such Linked Sites; (c) any loss or damage whatsoever you may
incur from communicating or dealing with any Linked Site; or (d) your dealings
with any third parties found on or through this Site, including your participation
in any promotions, the payment for and delivery of goods if any, and any terms,
conditions, warranties, or representations associated with such dealings.
You bear all risk associated with the use of such Linked Sites, third party
services, and your correspondence or business dealings with such Linked Sites
found on or through this Site.
12. Typographical Errors
Our goal is to provide complete, accurate, up-to-date information on our Site.
Unfortunately, it is not possible to ensure that any web site is completely free
of human or technological errors. This Site may contain typographical mistakes,
inaccuracies, or omissions, some of which may relate to pricing and availability,
and some information may not be complete or current. DebtConsolidationUnion
therefore reserves the right to correct any errors, inaccuracies or omissions and
to change or update information at any time without prior notice.
DebtConsolidationUnion sincerely apologizes for any inconvenience this may
cause.
13. Disclaimers
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SITE AND ALL
CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THE
SITE, ARE PROVIDED ON AN “AS IS, WHERE IS” AND “AS
AVAILABLE” BASIS. DebtConsolidationUnion EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
NON-INFRINGEMENT, INTEGRATION, NON-INTERFERENCE WITH ENJOYMENT, AND SECURITY AND
ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING,
OR COURSE OF PERFORMANCE. DebtConsolidationUnion MAKES NO WARRANTY, AND
EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT: (A) THE SITE OR SERVICES WILL MEET YOUR
REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE BASIS; (B) THE SITE OR CONTENT WILL BE UP-TO-DATE, COMPLETE,
COMPREHENSIVE, ACCURATE OR APPLICABLE TO YOUR CIRCUMSTANCES; (C) THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES OFFERED THROUGH THE SITE WILL
BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR
EXPECTATIONS; OR (E) THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU UNDERSTAND AND
AGREE THAT ANY CONTENT, MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SITE AND SERVICES IS AT YOUR OWN RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA.
DebtConsolidationUnion EXPRESSLY DISCLAIMS ANY WARRANTIES OR GUARANTEES THAT BY
SUBMITTING AN APPLICATION THROUGH THE SITE OR OTHERWISE USING THE SERVICES, THE
APPLICATION WILL BE ACCEPTED, PROCESSED, USED OR READ BY ANOTHER USER.
DebtConsolidationUnion DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT IT (A) HAS
QUALIFIED OR PRE-QUALIFIED ANY USER FOR ANY SERVICE, LOAN, FUNDS, ACCEPTANCE BY
ANOTHER USER, OR OTHER RESULTS, (B) CONTROLS OR DIRECTS IF A USER WILL BE ABLE TO
NEGOTIATE OR COMPLETE ANY TRANSACTION WITH ANOTHER USER, AND (C) MAKES NO WARRANTY
OR REPRESENTATION THAT A USER WILL SUCCESSFULLY ENTER INTO ANY TRANSACTION, OR
THAT A COMPLETED TRANSACTION WILL BE PROFITABLE. DebtConsolidationUnion DISCLAIMS
ANY WARRANTY OR REPRESENTATION THAT A USER’S SUBMISSION OF INFORMATION
THROUGH OR APPEARANCE ON THIS SITE IS AN INDICATION OF THE CREDITWORTHINESS,
TRUSTWORTHINESS, OR ACCEPTABILITY OF SUCH USER. USERS INVOLVED IN THE TRANSACTION
ARE ADVISED BY DebtConsolidationUnion TO COMMUNICATE DIRECTLY WITH EACH OTHER TO
EVALUATE CREDITWORTHINESS, TRUSTWORTHINESS, AND ACCEPTABILITY.
NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
DebtConsolidationUnion OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY OR
REPRESENTATION NOT EXPRESSLY MADE HEREIN. DebtConsolidationUnion DOES NOT INTEND
TO NOR SHALL ANY USER CLAIM THAT DebtConsolidationUnion HAS OR MIGHT HAVE INTENDED
TO PROVIDE LEGAL OR ACCOUNTING ADVICE OR OPINIONS. DebtConsolidationUnion MAKES NO
WARRANTY OR REPRESENTATION AS TO THE INTEGRITY, HONESTY, OR INTENTIONS OF ANY
USER. ALTHOUGH DebtConsolidationUnion PERIODICALLY MIGHT ATTEMPT TO MEASURE THESE
QUALITIES, DebtConsolidationUnion SHALL NOT BE HELD ACCOUNTABLE FOR ITS FAILURE OR
NEGLIGENCE TO UNCOVER ACTUAL OR POTENTIAL NEGATIVE INFORMATION AND/OR TO ADVISE
ANOTHER USER OF SUCH POSSIBLE OR ACTUAL NEGATIVE INFORMATION.
DebtConsolidationUnion EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY
MISREPRESENTATIONS OR BREACHES COMMITTED BY ANOTHER USER, INCLUDING THE
TRANSMISSION OF FALSE OR MISLEADING INFORMATION.
14. Limitation of Liability
IN NO EVENT SHALL DebtConsolidationUnion BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR COST OF
PROCUREMENT OF SUBSTITUTE SERVICES, LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR
USE, INCURRED BY ANY USER OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR
TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM YOUR ACCESS TO OR
INABILITY TO ACCESS, OR USE OF, THE SITE OR THE SERVICES PROVIDED IN CONNECTION
WITH THE SITE, OR OTHERWISE RESULTING FROM: (1) THE COST OF PROCUREMENT OF
SUBSTITUTE SERVICES, (2) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA, (3) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE
SITE, OR (4) ANY OTHER MATTER RELATING TO THE SITE OR SERVICE, EVEN IF
DebtConsolidationUnion WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR
POSSIBLE. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO,
THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR
EQUIPMENT OR SYSTEM, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR
COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED
ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER
LABOR PROBLEMS OR ANY FORCE MAJEURE. Verature Enterprise’S LIABILITY FOR ANY
DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES OF
ANY KIND WILL NOT, IN ANY EVENT, EXCEED TWO HUNDRED DOLLARS ($200). THE FOREGOING
LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN
CERTAIN CIRCUMSTANCES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT
APPLY TO CERTAIN USERS IN THOSE JURISDICTIONS.
15. Indemnification
You agree to indemnify, defend and hold Verature Enterprise, its affiliates,
shareholders, directors, officers, co-branders, subsidiaries, parents, employees
and agents, harmless from any claim, demand, liability, dispute, damage, cost,
expense, or loss, including attorneys’ fees and costs of litigation, arising
out of, or in any way related to your use of or access to this Site, your use of
the Content, including any use by your employees, your violation of these Terms or
your violation of any rights of another.
16. Dispute Resolution
You agree that any dispute arising out of or relating in any way to your use of
this Site or the Services offered through this Site requires that such claim be
resolved exclusively by confidential binding arbitration except that, to the
extent you have in any manner violated or threatened to violate
DebtConsolidationUnion intellectual property and/or proprietary rights,
DebtConsolidationUnion may seek injunctive or other appropriate relief. The
arbitration shall be conducted before three neutral arbitrators in the city of
Auburn, Alabama, U.S.A., in accordance with the rules of the American Arbitration
Association (“AAA”), as then in effect. No claims of any other parties
may be joined or otherwise combined in the arbitration proceeding. Unless
otherwise expressly required by applicable law, each party shall bear its own
attorneys’ fees without regard to which party is deemed the prevailing party
in the arbitration proceeding. Except for punitive and consequential damages
(which may not be awarded), and subject to these Terms, the arbitrators shall be
authorized to award either party any provisional or equitable remedy permitted by
applicable law. The parties shall equally share all AAA charges and fees
associated with the arbitration.
BECAUSE THE USE OF THIS SITE AND THE SERVICES REQUIRES THE ARBITRATION OF ANY
CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT
TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A
CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE
ARBITRATORS’ DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER
PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE
RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN
ARBITRATION.
The award of the arbitrators may be enforced in any court having jurisdiction
thereof. Each party hereby consents (a) to the non-exclusive jurisdiction of
the courts of the State of Tennessee or to any Federal Court located within the
State of Tennessee for any action (i) to compel arbitration, (ii) to enforce any
award of the arbitrators, or (iii) at any time prior to the qualification and
appointment of the arbitrators, for temporary, interim or provisional equitable
remedies, and (b) to service of process in any such action by registered mail or
any other means provided by law.
17. Miscellaneous
If any provision of these Terms is found by a court or arbitrator to be invalid,
User and DebtConsolidationUnion agree that the court or arbitrator should give
effect to the parties’ intentions as reflected in the provision, and the
other provisions of the Terms will remain in effect. Verature
Enterprise’s failure to act with respect to a breach by any person using the
Site does not constitute a waiver of its right to act with respect to subsequent
or similar breaches. DebtConsolidationUnion may assign its rights and duties
under these Terms without such assignment being considered a change to the Terms
and without notice to you. You may not assign these Terms without the prior
written consent of Verature Enterprise. These Terms, Verature
Enterprise’s Privacy Policy, Lender Agreement, and, policies, or procedures
that may be posted from time to time by DebtConsolidationUnion on the Site, and
any modifications to the foregoing, constitute the entire agreement between the
parties with regard to the subject matter in these Terms and supersede all prior
understandings and agreements, whether written or oral, as to such subject matter.
Nothing contained in these Terms will be deemed to constitute either party as the
agent or representative of the other party, or both parties as joint ventures or
partners for any purpose.
18. Governing Law
These Terms will be governed by and construed in accordance with the laws of the
State of Alabama without regard to its choice of law provisions. In the
event of any conflict between foreign laws, rules and regulations and those of the
United States, the laws, rules and regulations of the United States will govern.
You consent to personal jurisdiction by the state and federal courts located in
Lee County, Alabama.
19. Limitation on Actions Brought Against
Verature Enterprise
You agree that any claim or cause of action arising out of your use of the Site or
these Terms must be filed within one (1) year after such claim or cause of action
arose or it shall forever be barred, notwithstanding any statute of limitations or
other law to the contrary. Within this period, any failure by
DebtConsolidationUnion to enforce or exercise any provision of these Terms or
related right shall not constitute a waiver of that right or provision.
20. Acknowledgment
You acknowledge (a) that you have read and understood these Terms; and (b) that
these Terms have the same force and effect as a signed agreement.
21. Contact Information
If you have any questions about these Terms, the practices of
DebtConsolidationUnion, or your dealings with this Site, please contact us through
one of the methods listed below. You may also contact us to update your
personal information by notifying us when you change your name or email address:
info @ debtconsolidationunion.com