DebtWise™ Terms and Conditions

Thank you for visiting the DebtWise™ website located at www.debtwise.ai (the “Site”). The Site is an Internet property of DebtWise.ai (collectively, “Company,” “we,” “our,” or “us”). The following DebtWise™ Terms and Conditions (“Terms and Conditions”) are inclusive of the DebtWise™ Privacy Policy (“Privacy Policy”) and any and all other applicable operating rules, policies, price schedules, and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference (collectively, the “Agreement”).

Each end-user visitor to the Site (“User,” “you,” or “your”) agrees to the terms of the Agreement, in their entirety, when they:

  • (a) access or use the Site;
  • (b) access and/or view any of the:
    • (i) links to third-party content (“Third-Party Links”); and/or
    • (ii) text, video, and/or other information pertaining to the products and/or services featured on the Site (the “Informational Content,” and together with the Third-Party Links, the “Content”);
  • (c) complete certain surveys, answer questions, and/or fill out forms on the Site (collectively, “Site Forms”) in order to receive personalized recommendations for debt consolidation programs or other resources;
  • (d) utilize the various contact forms and/or contact information made available on the Site as a means to contact directly, or request to be contacted by, Company and/or Company’s partners (collectively, the “Contact Services,” and together with the Site and Content, the “Site Offerings”).

PLEASE REVIEW THE TERMS OF THE AGREEMENT CAREFULLY. IF A USER DOES NOT AGREE WITH THE TERMS OF THE AGREEMENT IN THEIR ENTIRETY, THAT USER IS NOT AUTHORIZED TO USE THE SITE OFFERINGS IN ANY MANNER OR FORM.

THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER AGAINST COMPANY, AS WELL AS ITS PARENT, SUBSIDIARIES, RELATED PARTIES, THIRD-PARTY SERVICE PROVIDERS, AND MARKETING PARTNERS (COLLECTIVELY, “COVERED PARTIES”), WHO ARE EXPRESS THIRD-PARTY BENEFICIARIES OF THE MANDATORY ARBITRATION PROVISION. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT.

NEW JERSEY STATE RESIDENTS ARE ENCOURAGED TO REVIEW THEIR RIGHTS UNDER THE AGREEMENT, AS PROVIDED UNDER THE NEW JERSEY TRUTH-IN-CONSUMER CONTRACT WARRANTY AND NOTICE ACT (“TCCWNA”).

The Site Offerings are not intended to provide legal advice, tax advice, financial advice, or investment advice, and no part of the Site Offerings should be construed as such. The Content made available by and through the Site Offerings is not a substitute for professional financial, legal, and/or tax advice. You should always consult with your professional financial, legal, and tax advisors to ensure that any Content, advice, products, and/or services featured by and/or through the Site Offerings, as well as any associated risks, are appropriate for you.

1. Scope; Modification of Agreement

The Agreement constitutes the entire and only agreement between Users and Company with respect to Users’ use of the Site Offerings and supersedes all prior or contemporaneous agreements, representations, warranties, and/or understandings with respect to the same. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class action provisions, or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site Offerings. By your continued use of the Site Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions then in effect at the time of the subject dispute).

2. Requirements; Termination of Access to the Site Offerings; Necessary Equipment

The Site Offerings are available only to individuals who:

  • (a) are over eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their respective jurisdictions of residence); and
  • (b) can enter into legally binding contracts under applicable law (collectively, “Usage Requirements”).

The Site Offerings are not intended for individuals who do not satisfy the Usage Requirements, including individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their respective jurisdictions of residence) and/or individuals who cannot enter into legally binding contracts under applicable law. If a User does not satisfy the Usage Requirements in their entirety, that User does not have permission to access or use the Site Offerings.

To the extent permitted by applicable law, Company may terminate your right to access the Site Offerings at any time where you:

  • (i) are in any way in breach of the Agreement;
  • (ii) are engaged in any improper conduct in connection with the Site Offerings; and/or
  • (iii) are, at any time, conducting any unauthorized commercial activity by or through your use of the Site Offerings.

You are responsible, at all times, for ensuring that you have an Internet connection, computer/mobile device, up-to-date Internet browser versions, a functioning e-mail account, applicable software, applicable hardware, and/or other equipment necessary to access the Site Offerings. Company does not guarantee the quality, speed, or availability of the Internet connection associated with your mobile device and/or computer. Company does not guarantee that the Site Offerings can be accessed:

  • (A) on all mobile devices;
  • (B) through all wireless service plans;
  • (C) in connection with all Internet browsers; or
  • (D) in all geographical areas.

Standard messaging, data, and wireless access fees may apply to your use of the Site Offerings through your wireless device. You are fully responsible for all such charges, and Company has no liability or responsibility to you, whatsoever, for any such charges billed by your wireless carrier.

3. Registration Forms

In order to utilize certain Site Offerings, including the Contact Services, you may be required to submit one or more registration forms (each, a “Form”). The information that you must supply on a Form may include, without limitation:

  • (a) full name;
  • (b) mailing address;
  • (c) e-mail address;
  • (d) telephone number; and/or
  • (e) any other information requested on the applicable form (collectively, “Registration Data”).

You agree to provide true, accurate, current, and complete Registration Data, as necessary, in order to maintain it in up-to-date and accurate fashion.

Company’s use of Registration Data shall be governed by the Privacy Policy. For a copy of the Privacy Policy, please Click Here.

4. Content

The Site contains Content which is compiled, distributed, and displayed by Company, as well as Third-Party Service Providers. Company does not control the Content provided by Third-Party Service Providers that is made available by and through the Site Offerings. Such Third-Party Service Providers are solely responsible for the accuracy, completeness, appropriateness, and/or usefulness of such Content. The Content should not necessarily be relied upon. Reliance on any Content or other information made available to you by and through the Site Offerings is solely at your own risk. Company does not represent or warrant that the Content and other information posted by and through the Site Offerings are accurate, complete, up-to-date, or appropriate. You understand and agree that Company will not be responsible for, and Company undertakes no responsibility to monitor or otherwise police, Content provided by Third-Party Service Providers. You agree that Company shall have no obligation and incur no liability to you in connection with any Content. You may find certain Content to be outdated, harmful, inaccurate, and/or deceptive. Please use caution, common sense, and safety when using the Content. The Content is offered for informational purposes only and is at all times subject to the disclaimers contained herein and on the Site.

5. [Removed: Offers and Rewards]

This section has been removed as DebtWise does not offer Rewards or conduct Offers similar to those previously outlined.

6. Representations and Warranties

Each User hereby represents and warrants to Company as follows:

(a) Authority and Capacity: The Agreement constitutes the legal, valid, and binding obligation of User, which is fully enforceable against such User in accordance with its terms;

(b) Accurate Information: User has provided, and will continue to provide, true, accurate, current, and complete information as requested through Site Forms and other communications with Company. User agrees to promptly update any Registration Data to keep it accurate and current;

(c) Eligibility: User meets all the Usage Requirements outlined in Section 2 and is eligible for debt consolidation programs or resources as provided by Third-Party Service Providers through the Site Offerings;

(d) Independent Evaluation: User has independently evaluated the desirability of utilizing the Site Offerings and that User has not relied on any representation and/or warranty other than those set forth in the Agreement;

(e) Compliance with Laws: The execution, delivery, and performance of the Agreement by User will not conflict with or violate:

  • (i) any applicable law;
  • (ii) any order, judgment, or decree applicable to User; and/or
  • (iii) any agreement or other instrument applicable to User;

(f) No Affiliation Misrepresentation: User understands that Company acts solely as a matching service and is not directly affiliated with any Third-Party Service Providers. User will not misrepresent any affiliation with Company when interacting with Third-Party Service Providers;

(g) No Conflict of Interest: User is not aware of any fact that would make the Agreement invalid, void, or unenforceable, or any provision of the Agreement invalid, void, or unenforceable.

7. Indemnification

Each User agrees to indemnify, defend, and hold Company, its officers, directors, members, employees, agents, and attorneys, as well as the Covered Parties, harmless from and against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses, and/or expenses (including reasonable attorneys’ fees, court costs, and/or settlement costs) arising from and/or related to:

  • (a) any dispute between that User and any Third-Party Service Provider(s) and/or other third party(ies);
  • (b) that User’s breach of the Agreement and/or any representation or warranty contained herein; and/or
  • (c) that User’s unauthorized and/or improper use of the Site Offerings.

The provisions of this Section 7 are for the benefit of Company, its parent, subsidiaries, and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers, and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against Users on its own behalf.

8. License Grant

Each User is granted a non-exclusive, non-transferable, revocable, and limited license to access and use the Site Offerings. Company may terminate this license at any time for any reason. Unless otherwise expressly authorized by Company, Users may only use the Site Offerings for their own personal, non-commercial use. No part of the Site Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. No User or other third party may use any automated means or form of scraping or data extraction to access, query, or otherwise collect material from the Site Offerings except as expressly permitted by Company. No User or other third party may use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer, or transfer the Site Offerings, or any portion thereof. No User or other third party may create any “derivative works” by altering any aspect of the Site Offerings. No User or other third party may use the Site Offerings in conjunction with any other third-party content. No User or other third party may exploit any aspect of the Site Offerings for any commercial purposes not expressly permitted by Company. Each User further agrees to indemnify and hold Company harmless for that User’s failure to comply with this Section 8. Company reserves any rights not explicitly granted in the Agreement.

9. Proprietary Rights

The Site Offerings, as well as the organization, graphics, design, compilation, magnetic translation, digital conversion, software, services, and other matters related to the same, are protected under applicable copyrights, trademarks, and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, or publication by any User or other third party of any part of the Site Offerings is strictly prohibited. No User or other third party acquires ownership rights in or to any content, document, software, services, or other materials viewed by or through the Site Offerings. The posting of information or material by and through the Site Offerings does not constitute a waiver of any right in or to such information and/or materials. The “DebtWise” name and logo, and all associated graphics, icons, and service names, are registered trademarks of DebtWise.ai. The use of any trademark without the applicable trademark owner’s express written consent is strictly prohibited.

10. Legal Warning

Any attempt by any individual to damage, destroy, tamper with, vandalize, and/or otherwise interfere with the operation of the Site Offerings is a violation of criminal and civil law, and Company will diligently pursue any and all remedies against any offending individual or entity to the fullest extent permissible by law and in equity.

11. Disclaimer of Warranties

THE SITE OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME ARE PROVIDED TO USERS ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, COMPANY MAKES NO WARRANTY THAT THE SITE OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME:

  • (A) WILL, AS APPLICABLE, MEET ANY USER’S REQUIREMENTS;
  • (B) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED;
  • (C) WILL BE FREE OF HARMFUL COMPONENTS;
  • (D) WILL ENABLE YOU TO QUALIFY FOR ANY PROGRAM OR RESOURCE OFFERED THROUGH THE SITE;
  • (E) WILL RESULT IN ANY ECONOMIC BENEFIT FROM USING THE SITE; OR
  • (F) WILL BE ACCURATE OR RELIABLE.

THE SITE OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. COMPANY WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM COMPANY OR OTHERWISE THROUGH OR FROM THE SITE OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

12. Limitation of Liability

EACH USER EXPRESSLY UNDERSTANDS AND AGREES THAT COMPANY SHALL NOT BE LIABLE TO THAT USER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR:

  • (A) THE USE OR INABILITY TO USE THE SITE OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME;
  • (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT, AND THE OTHER PRODUCTS OR SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE SITE OFFERINGS;
  • (C) ANY DISPUTE BETWEEN YOU AND ANY OTHER USERS, THIRD-PARTY SERVICE PROVIDERS, AND/OR THIRD PARTIES;
  • (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY REGISTRATION DATA;
  • (E) THE FAILURE TO QUALIFY FOR ANY PROGRAM OR RESOURCE OFFERED THROUGH THE SITE;
  • (F) THE FAILURE TO REALIZE ANY SPECIFIC ECONOMIC BENEFIT FROM USING THE SITE; AND/OR
  • (G) ANY OTHER MATTER RELATING TO THE SITE OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME.

THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND ANY AND ALL OTHER TORTS. EACH USER HEREBY RELEASES COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF COMPANY TO ANY USER UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE SITE OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME, MAY BE BROUGHT BY ANY USER OR COMPANY MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN EACH USER AND COMPANY. ACCESS TO THE SITE OFFERINGS WOULD NOT BE PROVIDED TO USERS WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF COMPANY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

13. Third-Party Websites

The Site Offerings contain links to other websites on the Internet that are owned and operated by third parties including, without limitation, the Third-Party Links. Company does not control the information, products, or services made available on, by, or through these third-party websites. The inclusion of any link does not imply endorsement by Company of the applicable website or any association with the website’s operators. Because Company has no control over such websites and/or resources, each User agrees that Company is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from or through any such websites, or for the protection of any User’s data privacy by third parties. Each User further agrees that Company shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on, by, or through any such site.

14. Editing, Deleting, and Modification

Company reserves the right, in its sole discretion, to edit and/or delete any documents, information, and/or Content appearing on the Site.

15. Use of Registration Data

All material submitted by Users through or in association with the Site Offerings including, without limitation, the Registration Data, shall be subject to the Privacy Policy. For a copy of the Privacy Policy, please Click Here.

16. Dispute Resolution Provisions

The Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). The parties (and Covered Parties) hereby agree to arbitrate all claims that may arise under and/or relate to the Site Offerings, and/or the Agreement. Without limiting the foregoing, should a dispute arise between the parties/any Covered Parties including, without limitation, any matter concerning the Site Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto:

  • (a) the parties/Covered Parties agree to submit their dispute for resolution by arbitration as set forth below; and
  • (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found Here.

The Covered Party(ies) named in your Initial Dispute Notice (collectively, the “Named Parties”) may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer“). If the applicable Named Party(ies) provide(s) you with a Final Settlement Offer and you do not accept it, or such Named Party(ies) cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before JAMS, in your county of residence, by filing a separate Demand for Arbitration, which is available Here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone, or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then the Named Party(ies) will pay all filing, administration, and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, the Named Party(ies) will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing, and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Although the Named Party(ies) may have a right to an award of attorneys’ fees and expenses if the Named Party(ies) prevail in arbitration, the Named Party(ies) will not seek such an award from you unless the arbitrator determines that your claim was frivolous.

To the extent permitted by law, you agree that you will not bring, join, or participate in any class action lawsuit and/or class arbitration as to any claim, dispute, or controversy that you may have against any Covered Party and/or Company (including its employees, officers, directors, shareholders, members, representatives, and/or assigns). You agree to the entry of injunctive relief to stop such a class action lawsuit and/or class arbitration, as applicable, or to remove you as a participant in the suit and/or class arbitration, as applicable. You agree to pay the attorney’s fees and court costs that Company and/or any Covered Party incurs in seeking such relief. This provision preventing you from bringing, joining, or participating in class action lawsuits and/or class arbitrations:

  • (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually, and not as a class action or class arbitration, in binding arbitration as provided above; and
  • (ii) is an independent agreement.

You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.

17. California User Consumer Rights

In accordance with Cal. Civ. Code Sec. 1789.3, California State resident Users may file grievances and complaints with the California Department of Consumer Affairs, 400 R Street, Ste. 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to dca@dca.ca.gov.

18. Miscellaneous

To the extent that anything in or associated with the Site Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Company’s failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. Company may assign its rights and obligations under the Agreement, in whole or in part, to any party at any time without notice to you. The Agreement may not, however, be assigned by you, and you may not delegate your duties under it. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section.

19. Contact Us

If you have any questions about the Agreement, Site Offerings, or the practices of Company, you may utilize the contact method applicable to the subject matter of your inquiry, as set forth on the “Contact Us” page of the Site, or you can e-mail us at: contact@debtwise.ai; call us at: 408-359-8896; or send us U.S. Mail to: DebtWise.ai, 8065 Santa Monica Blvd, PMB 559124, West Hollywood, Ca 90069-4109.