User Agreement

THE DEBTOR LIST USER AGREEMENT

Last updated on April 16, 2012

The information provided on this site if for informational purposes only.  The Debtor List is not a debt collection agency. The information on this site should not be used to determine a consumer’s credit worthiness, credit standing, or credit capacity. 

The Debtor List, LLC (“The Debtor List“) provides details of individual’s and business’s (collectively, “Debtors”) debts and information regarding such debts as submitted by consumers to you, the user (“You“), to allow You the opportunity to read about the experiences other users have had with these Debtors and to provide Your own claims regarding the Debtors that may owe You money. The Debtor List also allows the debtors to review and respond to claims made against them and for purposes of this Agreement, a Debtor is also considered a user as defined by the use of the word “You” throughout the Agreement.

In order to use the Service (as defined below), You must read and accept all of the terms and conditions in, and linked to, this User Agreement (this “Agreement“), which may be modified by The Debtor List from time to time at our sole discretion. All modifications will be posted on www.thedebtorlist.com (our “Website“) and such modifications will become effective immediately upon the posting thereof. It is your responsibility to review this Agreement on a regular basis to keep yourself informed of any modifications. We strongly recommend that, as You read this Agreement, You also access and read the linked information. By accepting this Agreement, You also agree that Your use of some The Debtor List -branded websites or other websites we operate may be governed by separate user agreements and privacy policies. BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.

TERMS OF USE

1. THE DEBTOR LIST SERVICE

The Debtor List provides details of individual’s and business’s debts and information regarding such debts (collectively, “Debtors“) as submitted by consumers to you, based upon the actual first-hand experiences other users have had with these Debtors and to provide Your own claims and supporting comments on the Debtors that may owe You money. The Debtor List also allows the debtors to review and respond to claims made against them and for purposes of this Agreement, a Debtor is also considered a user as defined by the use of the word “You” throughout the Agreement.

2. REGISTRATION INFORMATION

As a condition of Your use of the Service, You agree to (a) provide The Debtor List with true, accurate, current and complete information as prompted by the The Debtor List ‘s registration forms, when registering for or using the Service and (b) update and maintain the truthfulness, accuracy and completeness of such information.

If during your registration or submission of a claim/review indicate that you would like to be contacted by an attorney or debt collection specialist or other 3rd party, you acknowledge that by checking the box requesting to be contacted allows the attorney or debt collection specialist or other 3rd party to use your registration information including name, address, phone and email, to contact you. Their contact in no way shall be considered a solicitation.

3. MINIMUM AGE

If You are under the age of eighteen (18), You are prohibited from using or registering for the Service.

4. USE VOID WHERE PROHIBITED

User in the Service is void where prohibited.

5. PRIVACY POLICY

The Debtor List has established a privacy policy to explain to You, and other users, how Your personal information is collected and used. This privacy policy is located at http://thedebtorlist.com/?page_id=14.

6. SERVICE FEES

The Debtor List is free for consumers to use. There is a charge for optional services for debtors.

7. ACCOUNT SECURITY

The Debtor List will assign You a user ID and a password when You register. Your user ID and password may only be used by You. You are solely responsible for maintaining and protecting the confidentiality of Your user ID and password, and are fully responsible for all activities that occur under Your user ID and password.

8. LIMITED LICENSE TO WEBSITE

By agreeing to the terms and conditions of this Agreement, The Debtor List grants You a limited license to access and use the claims and supporting information offered by the Service for Your personal decisions. You acknowledge and agree that You will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit for any commercial, educational (or any other non-personal) purpose the claims and supporting information and any content, without the express written consent of The Debtor List.

9. SUBMISSIONS OF CLAIMS & RESPONSE TO CLAIMS

i. All users that submit a claim must comply with the Fair Debt Collection Practices Act as enacted by Congress. The Debtor List is not responsible for a user’s violation(s) of any provision of the FDCPA.

ii. In order for You to submit Your own claim/response on the Website, You acknowledge and agree that:

(a) all of Your claims/responses will be based upon Your actual first-hand experiences with the Debtor(s)/Claimant(s) You are submitting a claim/response against
(b) all of Your claims/responses that You provide will be accurate, truthful and complete in all respects;
(c) You do not work for, own any interest in or serve on the board of directors of, any of the Debtor(s)/Claimant(s) for which You submit a claim;
(d) You do not work for, own any interest in or serve on the board of directors of any competitors of the Debtor(s)/Claimant(s) for which You submit a claim;
(e) Your name and full contact information and claim information will be made available to the Debtor(s), Claimant(s). The public will have full access to your name, company name and claim information.

(f) You are not a Debt collector or acting on behalf of a debt collector seeking to collect from an individual consumer.

10. CONTENT LICENSE

Although The Debtor List does not claim ownership of any of the claims, responses, reviews, ratings, communications, information, data, text or other materials You give us (collectively, the “Content“), by providing Content for the Website, You automatically grant, and You represent and warrant that you have the right to grant, to The Debtor List an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing The Debtor List with Content, You automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on our Website by any other party.

11. PUBLICATION AND DISTRIBUTION OF CONTENT

The Debtor List does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Service. You acknowledge that The Debtor List simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of Content and for the publication and distribution of any content posted by You or Debtors in response to Content (“Debtor’s Content”). You understand that all Content and Debtor’s Content posted on, transmitted through or linked through the Service, are the sole responsibility of the person from whom such Content originated. You understand that The Debtor List does not control, and is not responsible for Content or Debtor’s Content made available through the Service, and that by using the Service, you may be exposed to Content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment, and bear all risks associated with, any decisions you make after reviewing the Content of the site.

The information provided on this site if for informational purposes only and should not be used to determine a consumer’s credit
worthiness, credit standing, or credit capacity. You may need to purchase a credit report, conduct background checks, or perform other due diligence before making important business decision.

The Debtor List is not a debt collection agency.

You further acknowledge that The Debtor List has no obligation to screen, preview, monitor or approve any Content or Debtor’s Content, or Content posted or submitted by any other user or any Debtor. However, The Debtor List reserves the right to review and delete any Content that, in its sole judgment, violates the terms and conditions of this Agreement. By using the Service, You agree that it is solely YOUR RESPONSIBILITY to evaluate Your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that You submit, receive, access, transmit or otherwise convey through the Service. Under no circumstances will The Debtor List be liable in any way for any Content or Debtor’s Content, including, but not limited to, any Content or Debtor’s Content that contains any errors, omissions, defamatory statements, or confidential or private information (including, but not limited to, health information) or for any loss or damage of any kind incurred as a result of the use of any Content or Debtor’s Content submitted, accessed, transmitted or otherwise conveyed via the Service. You waive the right to bring or assert any claim against The Debtor List relating to Content or Debtor’s Content, and release The Debtor List from any and all liability for or relating to any Content or Debtor’s Content.

12. DEBTORS RIGHTS

A claim by a consumer has been filed against you. You have been informed of this claim via email.

CLAIM DISPUTE

You have a right to dispute this claim by filing a “Claim Dispute”. If you dispute or resolve the claim, it will be noted on the claim but will not be removed from the website.

Removal of Claim from The Debtor List

The publication of a claim will remain on The Debtor List for five (5) years. If the claim is paid or otherwise resolved, the claim will be removed from the site after the Debtor pays a $100 administration fee to The Debtor List.

13. HEALTH RELATED CONTENT

The contents of The Debtor List Website, such as text, graphics, images, information obtained from The Debtor List, and other material contained on The Debtor List Website (“Website Content“) are for informational purposes only. The Website Content is not intended to be a substitute for official credit reports not should it be relied upon in determining an individual’s or business’s creditworthiness. Reliance on any information provided by The Debtor List, The Debtor List employees, others appearing on the Website at the invitation of The Debtor List, or other visitors to the Website is solely at Your own risk.

You should be aware that if You post any health-related information about Yourself or anyone else on this Website, You do so at Your own risk. If You post Website Content about services rendered to another individual, You represent that You have the legal authority to receive health information about that individual and related to the Website Content from that individual’s health care providers and that You have the legal authority to further disclose such health information. If You post health-related information, You will be placing it into the public domain and it will not be protected by any federal or state laws that protect the privacy of health information. Except as otherwise provided in this Agreement, neither The Debtor List , nor any of its users, has any legal obligation to keep Your health information confidential if You post it to this Website and it may be used for purposes that are unintended by You or The Debtor List.

14. YOUR CONDUCT

In connection with Your use of the Service, You represent and warrant that You:

(a) are above the age of eighteen (18);
(b) will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, state, national or international laws;
(c) will not submit any claim or review that may be considered by The Debtor List to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person’s privacy or proprietary rights, or racially, ethnically or otherwise objectionable;
(d) will not submit claims that comment on other users or the claims of other users;
(f) will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with The Debtor List, or otherwise attempt to mislead others as to the identity of the sender or the origin of a claim or review;
(g) will not submit claims that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden our Website;
(h) will not access, download or copy any information contained on our Website through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);
(i) will not post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
(j) will not take any action that would undermine the claim process under the Service;
(k) will not attempt to gain unauthorized access to the Service, other user accounts, or other computer systems or networks connected to the Service;
(l) will not use the Service in any manner that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
(m) will not use the Service in any way that could interfere with the rights of The Debtor List or the rights of other users of the Service;
(n) have sufficient rights in and to all Content that You provide, transmit or otherwise convey to The Debtor List in connection with the Service;
(o) agree not to re-sell or assign Your rights or obligations under this Agreement;
(p) will not reproduce, duplicate, copy, sell, re-sell or exploit any Content;
(q) will not access any Content for any commercial, educational or other purposes not related to Your personal purchasing/business decisions, the express written consent of The Debtor List , which consent may be withheld by The Debtor List in our discretion; and
(r) grant us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute the Content and to prepare derivative works of, or to incorporate such Content into other works, and to grant and to authorize sublicenses of the foregoing.

The claims/responses that You provide do not reflect the views of The Debtor List, its officers, managers, owners, employees, agents, designees or other users. In addition, The Debtor List retains the right, in its sole discretion, to determine whether or not Your use of the Service is consistent with the terms and conditions of this Agreement. The Debtor List may suspend, restrict or terminate Your use of the Service and to refuse any future use of all or portions of the Service if Your use breaches or fails to comply with any of the terms and conditions of this Agreement. Additionally, The Debtor List may seek any and all other remedies available to it, including (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement.

15. DISCLOSURE OF INFORMATION

The Debtor List may make Your identifiable information, account information and the Content available to our employees and third parties with whom we contract for use to handle Your account and to select third party service provides, including but not limited to lawyers and debt collection specialists that may contact you to offer their assistance. In addition, The Debtor List may provide non-personally identifiable aggregate statistics, unique identifiers, demographic and other anonymous information about You and The Debtor List users to advertisers, Debtors and other third parties. You agree that The Debtor List may make such uses of information You provide or The Debtor List collects.

You agree that The Debtor List may access, preserve and disclose Your account information, any information provided by You to The Debtor List , including, but not limited to, the Content for the purposes described in this Agreement, if required to do so by law or if in good faith, The Debtor List believes that such access, preservation or disclosure is reasonably necessary to: (a) comply with any legal process, including but not limited to an enforceable court order or lawful third party subpoena; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property or personal safety of The Debtor List , its users and/or the public.

As The Debtor List continues to develop its business, it might sell or buy other companies or assets or be acquired or have substantially all of its assets acquired by a third party. In such transactions, customer information generally is one of the transferred business assets. You hereby consent to the transfer of Your information as one of the transferred assets and to be used for any purpose allowed under this Agreement.

16. TERM AND TERMINATION

If The Debtor List deems it necessary, in its sole discretion, The Debtor List may immediately terminate this Agreement, Your account and Your access to the Service.

Termination of Your account will include removal of Your access to all offerings of the Service, deletion of Your password, deletion of all related information and files, may include the deletion of the Content associated with Your account (or any part thereof), and barring Your further use of the Service.

17. MODIFICATION OF TERMS AND CONDITIONS

The Debtor List will have the right to modify and restate the terms and conditions of this Agreement, and such modification(s) will be effective immediately upon being posted on our Website (www.thedebtorlist.com). The Debtor List will make note of the date of the last update to the Agreement on the first page of this Agreement. You are responsible for reviewing these terms and conditions regularly. Your continued use of the Service after such modifications will be deemed to be Your conclusive acceptance of all modifications to this Agreement. If You are dissatisfied as a result of such modification(s), Your only recourse is to immediately discontinue use of the Service.

18. MODIFICATION, LIMITATION AND DISCONTINUANCE OF SERVICE

The Debtor List reserves the right at any time to limit access to, modify, change or discontinue the Service with or without notice to You and we shall not be liable to You for any such modification, suspension or discontinuance of the Service. You agree that The Debtor List will not be liable to You or to any third party for any such limitation, modification, change, suspension or discontinuance of the Service. You agree that The Debtor List may establish general practices, policies and limits, which may or may not be published, concerning the use of the Service, including without limitation, the time that claims and supporting comments will be retained, the maximum number of claims and supporting comments that may be sent from an account, the length of claims and supporting comments sent, and the maximum number of times and the maximum duration for which You may access the Service in a given period of time. You agree that The Debtor List has no responsibility or liability for the deletion or failure to store any reviews, ratings and other communications maintained or transmitted by or through the Service. You agree that The Debtor List has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

19. DELAYS

The Service may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. The Debtor List is not responsible for any delays, failures or other damage resulting from such problems.

20. USER FEEDBACK

The Debtor List appreciates hearing from You, as well as our other users, and welcomes Your comments regarding our Service. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those which we have specifically requested. Although we do value Your feedback on our Service, please be specific in Your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, You send us creative suggestions, ideas, drawings, concepts or other information (collectively, the “Submissions“), such Submissions will be the property of The Debtor List. In addition, none of the Submissions will be subject to any obligations of confidentiality and The Debtor List will not be liable for any future use or disclosure of such Submissions.

21. COPYRIGHT MATERIALS

Aside from user-submitted Content and Debtors Content, all other materials and other information on the Website, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, data compilations and software (collectively, the “Copyright Materials”) are the exclusive property of The Debtor List and/or its licensors and are protected by all United States and international copyright laws.

22. WARRANTY DISCLAIMER

You understand and agree that THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT THE DEBTOR LIST ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE TIMELINESS, DELETION OF CONTENT OR FAILURE BY THE SERVICE. THE DEBTOR LIST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (D) ANY CONTENT OR INFORMATION YOU PROVIDE OR THE DEBTOR LIST COLLECTS WILL NOT BE DISCLOSED OR (E) ANY ERRORS IN ANY SERVICE WILL BE CORRECTED. YOU AGREE THAT USE OF THE SERVICE AND THE WEBSITE IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to You as they relate to implied warranties.

23. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE DEBTOR LIST WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF THE DEBTOR LIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES“), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICE; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICE; (E) STATEMENTS OR CONDUCT OF ANY DEBTORS/CLAIMANTS OR OTHER THIRD PARTY THROUGH THE SERVICE; (F) ANY OTHER MATTER RELATING TO THE SERVICE; (G) ANY BREACH OF THIS AGREEMENT BY THE DEBTOR LIST OR THE FAILURE OF THE DEBTOR LIST TO PROVIDE THE SERVICE UNDER THIS AGREEMENT OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY DEBTORS/CLAIMANTS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to You.

You understand and agree that Your unlimited access to the Content on the Website represents a substantial portion of the value You receive from Your The Debtor List. THEREFORE, TO THE EXTENT THE DEBTOR LIST IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICE, THE DEBTOR LIST ‘S LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF $100.

24. INDEMNIFICATION

You agree to indemnify, defend and hold harmless The Debtor List , its officers, managers, owners, employees, agents, designees, users, successors, assigns, debtors and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of this Agreement by You; (b) the inaccurate or untruthful Content or other information provided by You to The Debtor List or that You submit, transmit or otherwise make available through the Service; or (c) any intentional or willful violation of any rights of another or harm You may have caused to another. The Debtor List will have sole control of the defense of any such damage or claim.

25. BREACH OF AGREEMENT AND LIQUIDATED DAMAGES

You understand and agree that, because damages are often difficult to calculate, if it becomes necessary for The Debtor List to pursue legal action to enforce the terms and conditions of this Agreement, You will be liable to pay us the following amounts as liquidated damages, which you accept as reasonable estimates of The Debtor List ‘s damages for the specified breaches of this Agreement:

(a) If you post Content in violation of this Agreement, You agree to promptly pay The Debtor List One Thousand Dollars ($1,000) for each Claim posted in violation of this Agreement. We may (but shall not be required to) to issue You a warning before assessing damages.
(b) If you display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any Content in violation of this Agreement, You agree to pay Ten Thousand Dollars ($10,000).
(c) If you use computer programming routines that are intended to aggregate records or reports from the Service or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden our Website, You agree to pay One Hundred Dollars ($100) for each claim, report or record that is aggregated, disrupted, damaged or otherwise affected by You.
(d) Except as set forth in the foregoing subparagraphs (a) through (c), inclusive, you agree to pay the actual damages suffered by The Debtor List , including, but not limited to attorneys’ fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of this Agreement, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.

26. NOTICE

You agree that The Debtor List may communicate any notices to You under this Agreement, through electronic mail, regular mail or posting the notices on the Website. All notices to The Debtor List will be provided by either sending: (i) an email to helpdesk@thedebtorlist.com; or (ii) a letter, first class certified mail, to The Debtor List , 848 Brickell Ave., Ste. 1005, Miami, FL 33131. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.

27. ENTIRE AGREEMENT

This Agreement governs Your use of the Service and constitutes the entire agreement between You and The Debtor List. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between You and The Debtor List regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between You and third parties, including but not limited to, Debtors and others. You represent and warrant that those third party agreements do not interfere with Your obligations and duties to The Debtor List under this Agreement.

28. GOVERNING LAW

This Agreement and the relationship between You and The Debtor List will be governed by the laws of the State of Florida, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where You may be located or any other jurisdiction. You agree and consent to the exclusive jurisdiction of the state or federal courts located in Miami, Florida and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that The Debtor List may elect, in its sole discretion, to litigate the action in the county or state where any breach by You occurred or where You can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Service or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.

29. PROVISIONS REMAINING IN EFFECT

In the event Your user with The Debtor List is terminated or lapses or You are no longer a user of The Debtor List , certain provisions of this Agreement will continue to remain in effect, including, but not limited to, Sections 10, 15 and 21 through 29.

30. MISCELLANEOUS

This Agreement may not be re-sold or assigned by You. If You assign, or try to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of The Debtor List ‘s rights if The Debtor List fails to enforce any of the terms or conditions of this Agreement against You. In the event a court finds a provision in this Agreement to not be valid, You and The Debtor List agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between You and The Debtor List as a result of this Agreement or use of the Service. You acknowledge and agree that each of the Released Parties shall be an intended third party beneficiary of this Agreement.

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SERVICE. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

In order to use the Service (as defined below), You must read and accept all of the terms and conditions in, and linked to, this User Agreement (this “Agreement“), which may be modified by The Debtor List from time to time at our sole discretion. All modifications will be posted on www.thedebtorlist.com (our “Website“) and such modifications will become effective immediately upon the posting thereof. It is your responsibility to review this Agreement on a regular basis to keep yourself informed of any modifications. We strongly recommend that, as You read this Agreement, You also access and read the linked information. By accepting this Agreement, You also agree that Your use of some The Debtor List -branded websites or other websites we operate may be governed by separate user agreements and privacy policies. BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.