Updated: August 21, 2024
These Terms and Conditions of Use (“Terms”) apply to your access to and use of the websites, applications and other online services (collectively, “Services”) offered and provided by Accelerated Debt Settlement, Inc. or any of its subsidiaries and affiliates (collectively, “ADS”).
If you have any questions about these Terms, please contact us at: Legal@accelerateddebtsettlement.com. These Terms govern your use of this website Please read them carefully.
By using this website, you accept these Terms in full. If you disagree with these Terms, in whole or in part, Terms, including the waiver of class action rights and mandatory arbitration clauses, do not use this website. This website uses cookies. By using this website and agreeing to these Terms, you consent to our use of cookies in accordance with the terms of ADS Privacy Policy / Cookies Policy. Please read those policies.
In addition to the Terms contained herein, ADS may ask you to accept additional terms that apply to its specific services. If the additional terms conflict with these Terms, the additional terms shall control with respect to your access to and use of the applicable service.
1) ADS Provides No Legal Advice
By using this site or engaging ADS for any service, you understand and agree that ADS is not a law firm or an attorney. ADS nor its employees and agents can provide legal advice or perform attorney services. If an attorney is required in any matter and is consistent with the terms of your agreement with ADS, ADS will pay for an attorney for you. You waive any and all claims against ADS for any direct, indirect, or consequential loss or damage that may occur as a result of any legal proceeding or as a result of legal decisions made by you or an attorney that are in any way related to services provided by ADS. If you believe that before entering an agreement with ADS, ADS or its employees or agents gave you any legal advice, strategy, remedies, defenses, or other attorney-like services, you will not proceed with an agreement with ADS.
2) Your Representations to ADS
You represent and warrant that you: (a) are at least 18 years old; (b) have not previously been suspended or removed from using our Services; (c) have full power and authority to enter into these Terms and in doing so will not violate any other agreement to which you are a party (including, but not limited to powers of attorney); (d) are not a national or resident of any country to which the United States has embargoed goods or services; (e) have not been identified as a “Specially Designated National” by the Office of Foreign Assets Control; (f) have not been placed on the U.S (United States). Commerce Department’s Denied Persons List; (g) will not use our Services outside the United States, (h) do not and will not have more than one account on the Services; and, (f) are not on any Do Not Call list.
You may need to register for an account to access some or all of our Services. You agree to provide accurate account information and promptly update this information if it changes. You also agree to maintain the security of your credentials and account and promptly notify us if you discover or suspect that someone has accessed your account without your authorization. Your username and password are personal to you and may not be shared with any third parties. You are responsible for all activities that occur regarding your credentials or otherwise under your account.
3) Account Syncing
You may sync third party enrolled accounts with the Services in order to permit ADS to retrieve your information that is maintained online by such third parties (“Account Information”). By using the Services, you authorize ADS to access your Account Information, on your behalf as your agent, and you authorize such third parties to disclose your information to us. ADS will submit information that you provide to log into the Services. You grant ADS authority to access third party sites, retrieve and use your information with the full power and authority to do and perform each item necessary in connection with such activities, as you could do in person. You acknowledge and agree that when ADS is accessing and retrieving Account Information from third party sites, ADS is acting as your agent, and not as the agent of or on behalf of the third party that operates the third-party site. You understand and agree that ADS is not responsible for any Services-related issues arising from or in connection with such third party accounts or your Account Information. You agree to keep your Account Information up-to-date and accurate.
4) License to Use Website
Unless otherwise stated, ADS and/or its licensors own the intellectual property rights on the website and material on the website. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages or OTHER CONTENT from the website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms. You may not: republish material from this website (including republication on another website); sell, rent or sub-license material from the website; show any material from the website in public; reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose; edit or otherwise modify any material on the website; or redistribute material from this website except for content specifically and expressly made available for redistribution. Where content is specifically made available for redistribution, it may only be redistributed within your organization.
5) Prohibited Use:
You can may not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity. You may not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software. You may not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without ADS’s express prior written consent. You may not use this website to transmit or send unsolicited commercial communications. You cannot use this website for any purposes related to marketing without ADS’s express prior written consent.
6) User Content:
In these Terms, “your User Content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose. You grant to ADS a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute your User Content in any existing or future media. You also grant to ADS the right to sub-license these rights, and the right to bring an action for infringement of these rights. Your User Content must not be illegal or unlawful, of a confidential nature, infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or ADS or a third party (in each case under any applicable law). You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. ADS reserves the right to edit or remove any material submitted to this website, or stored on ADS’s servers, or hosted or published upon this website. Notwithstanding ADS’s rights under these Terms in relation to user content, ADS does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
7) Comments
Any questions, comments, suggestions, testimonials, ideas, original or creative materials or other information you submit about ADS or our products or Services (collectively, “Feedback”), is non-confidential and will become the sole property of ADS. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
8) Communication
By creating an ADS account, you consent to receive communications from ADS (e.g., via telephone, email, and other electronic communications, or by posting notices to the website). These communications may include notices about your account (e.g., password changes and other transactional information), as well as communications provided as part of the Services or for marketing purposes, and are part of your relationship with us. This consent includes automated calls, pre-recorded messages, and text messages. Standard messaging and data rates may apply.
You consent to being provided with any notices, disclosures, information, and other materials in electronic form (collectively “Electronic Records”), rather than in paper form in accordance with The Electronic Signatures in Global and National Commerce Act (“E-Sign”) or any successor thereof. Your consent to receive Electronic Records applies to all notices, disclosures, documents, records, or other materials of any kind that ADS may be required to provide to you. You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. You further understand that checking a box, clicking “accept” (or similar word) on our website, or responding via telephone keypress constitutes your signature. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. You may wish to print out all Electronic Records and keep them for your records. If you have any trouble printing out, downloading, and/or accessing any Electronic Records, you may contact us at Legal@AcceleratedDebtSettlement.com In order for you to access and retain Electronic Records sent by ADS, you must have the following hardware and software: a computer capable of reading html and text files, a modem or other means of accessing the Internet, and a browser capable of accessing and displaying the ADS website. To print the Electronic Records, you will also need a printer. You may withdraw your consent by contacting us at Legal@AcceleratedDebtSettlement.com. However, the services provided by ADS are only available if you agree to receive Electronic Records, and you understand that withdrawing such consent may result in your account being closed.
9) No Warranties:
This website is provided “as is” without any representations or warranties, express or implied. ADS makes no representations or warranties in relation to this website or the information and materials provided on this website. Without prejudice to the generality of the foregoing paragraph, ADS does not warrant that: this website will be constantly available, or available at all; or the information on this website is complete, true, accurate or non-misleading. Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial, tax, or medical matter you should consult an appropriate professional.
10) Enrollment Provisions:
Any funds collected will be deposited into escrow and upon settlement of the consumer debt, will be distributed according to the client agreement.
11) Soft Pull Credit Report:
As part of the enrollment process, you consent to ADS performing a soft pull of your credit report. This is necessary to evaluate your financial situation and is a requirement for the debt enrollment process. A soft pull does not affect your credit score.
12) Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless ADS, each of our subsidiaries and affiliates, or our licensors and Partners and each of our respective officers, directors, agents, partners, employees, or assigns (individually and collectively, the “ADS Parties”) from and against any loss, liability, claim, demand, damages, fines and any related expenses or costs (“Claims”) arising out of or related to (a) your access to or use of our Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); (e) your conduct in connection with our Services; or (f) any violation by you of any federal, state, or local laws, statutes, rules, or regulations. You agree to promptly notify the ADS Parties of any third-party Claims, cooperate with the ADS Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees, costs and expenses). You also agree that the ADS Parties will have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and ADS or the other ADS Parties.
13) Disclaimers
Your use of our Services is at your sole risk. Our Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, ADS does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While ADS attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services. Additionally, you acknowledge that information you store or transfer through our Services may become irretrievably lost or corrupted or temporarily unavailable due to a variety of causes, including software failures, protocol changes by third party providers, internet outages, force majeure events or other disasters, scheduled or unscheduled maintenance, or other causes either within or outside our control. You are solely responsible for backing up and maintaining duplicate copies of any information you store or transfer through our Services.
14)Limitation of Liability
To the maximum extent permitted by applicable law, ADS and the other ADS Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if ADS or the other ADS Parties have been advised of the possibility of such damages.
The total liability of ADS and the other ADS Parties, for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of the amount paid, if any, by you to access or use our Services, or, if you have not paid any amounts for the use of any Services, the amount of $100.
The limitations set forth in this Section (a) will apply even if the remedies otherwise provided under these Terms, at law or in equity, fail of their essential purpose, and regardless of the form or cause of action or the alleged basis of the claim, and (b) will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of ADS or the other ADS Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
15) Release
To the fullest extent permitted by applicable law, you release ADS and the other ADS Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under any statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
16) Transfer and Processing Data
By accessing or using our Services, you consent to the processing, transfer and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under local law.
17) Dispute Resolution; Binding Arbitration
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH ADS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Except for small claims disputes in which you or ADS seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or ADS seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and ADS waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, all disputes arising out of or relating to these Terms or our Services will be resolved through confidential binding arbitration held in Salt Lake City, Utah in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of the Judicial Arbitration and Mediation Services (“JAMS”), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
You and ADS agree that any dispute arising out of or related to these Terms or our Services is personal to you and ADS and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
You and ADS agree that these Terms affect interstate commerce and that the enforceability of this Binding Arbitration Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, 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; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual. You and ADS agree that for any arbitration you initiate, you will pay the filing fee and ADS will pay the remaining JAMS fees and costs. For any arbitration initiated by ADS, ADS will pay all JAMS fees and costs. You and ADS agree that the state or federal courts of the State of Utah and the United States sitting in Salt Lake City, Utah have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and ADS will not have the right to assert the claim.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Binding Arbitration Section by emailing Legal@AcceleratedDebtSettlement.com. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with the Governing Law and Venue section.
18) Governing Law and Venue
These Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of Arizona, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Arizona and the United States, respectively, sitting Phoenix, Arizona.
19) Changes to these Terms
We may make changes to these Terms from time to time. If we make changes, we will provide you notice by posting the amended Terms to our Services and updating the “Last Updated” date above. We may also attempt to notify you by sending an email notification to the address associated with your account or by providing notice through our Services. Unless we say otherwise in our notice of changes, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.
20) Access to World Wide Web; Internet Delays.
To use ADS services, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. You are responsible for providing all equipment necessary to make such connection to the World Wide Web, including a computer and Internet access. Access to certain ADS services may be limited or delayed based on problems inherent in the use of Internet and electronic communications. You understand that ADS is not responsible for delays, delivery failures, or other damage resulting from such problems.
21) Right to refuse.
You acknowledge that ADS reserves the right to refuse service to anyone.
You acknowledge that ADS is not a registered or bonded legal document assistant under California Business and Profession Code, sections 6400 et seq.
22) Termination
We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services at any time. Without limiting the foregoing, we may, in our sole discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.
23)Severability
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
24) Export Compliance
The Services are only intended for use by persons located in the United States. If you choose to access the Services from outside the United States, you do so at your own risk and you are responsible for compliance with all local laws. Additionally, all or part of our Services may be subject to U.S. export control and economic sanctions laws (“Export Controls”). You agree to abide by all Export Controls as they relate to your access and use of our Services.
25)Miscellaneous
These Terms constitute the entire agreement between you and ADS relating to your access to and use of our Services. The failure of ADS to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.
26) Exceptions:
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit ADS’s liability in respect of any: death or personal injury caused by ADS’s negligence; fraud or fraudulent misrepresentation on the part of ADS; or matter which it would be illegal or unlawful for ADS to exclude or limit, or to attempt or purport to exclude or limit, its liability.
27)Reasonableness:
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you should not use this website.
28) Variation:
ADS may revise these Terms from time-to-time. Revised Terms will apply to the use of this website from the date of the publication of the revised Terms on this website. Please check this page regularly to ensure you are familiar with the current version.
29) Assignment:
ADS may transfer, sub-contract or otherwise deal with ADS’s rights and/or obligations under these Terms without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms.