Terms of Use

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These Terms of Use apply to all web sites operated and controlled by the National Foundation for Credit Counseling® (either "we," "us" or "NFCC®") including the web sites located at nfcc.org, counselinghelpnow.com and NFCC.org (the "Sites"). These Terms of Use set forth legally binding terms that govern and restrict your use of the Sites.

YOUR AFFIRMATIVE ACT OF USING AND/OR REGISTERING WITH THE SITES SIGNIFIES THAT YOU AGREE TO THE FOLLOWING TERMS OF USE. IF YOU DO NOT AGREE, DO NOT USE AND/OR REGISTER WITH THESE SITES.

You understand and agree that the Sites are semi-public and provided to you on an AS IS and AS AVAILABLE basis. We disclaim all responsibility and liability for the availability, timeliness, security or reliability of the Sites, or the accuracy of any opinion or information contained on the Sites. The opinions expressed on the Sites are not necessarily the opinions of us and may or may not be totally accurate. We also reserve the right to modify, suspend or discontinue the Sites with or without notice at any time and without any liability to you.
  1. COPYRIGHT OWNERSHIP


  2. The Sites contain copyrighted material, trademarks and other proprietary information, including videos, articles, information, catalogs, brochures, comments, data, text, software, photos and graphics ("Content"). This Content is subject to copyrights owned by NFCC® and/or other individuals or entities and is protected by United States and international copyright laws.

  3. USE OF NFCC® CONTENT


  4. YOU MAY USE THE SITES AND THE CONTENT OFFERED ON THE SITES ONLY FOR PERSONAL PURPOSES. NFCC® authorizes you to view or download a single copy of the material on the Sites solely for your personal, noncommercial use so long as you do not remove the copyright and other proprietary rights notices that were contained in the Content. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the Content of these Sites or any portion of such Content. You may not use any data mining, robots, or similar data gathering and extraction tools on the Content, frame any portion of the Sites or Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content.

    Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate U.S. or international copyright, trademark, and/or other laws.

    If you violate these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

  5. TRADEMARK RIGHTS


  6. The names, trademarks, service marks, and logos of NFCC® belong exclusively to NFCC® and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. All other trademarks, service marks, and logos (including third-party product names) are the property of their respective owners. The use or misuse of these trademarks is expressly prohibited and nothing stated or implied on these Sites confers on you any license or right under any patent or trademark of NFCC® or any third party.

  7. USER SUBMISSIONS, FORUMS AND PUBLIC AREAS


  8. USE OF NFCC® FORUMS AND PUBLIC AREAS, OR ANY FORUMS OR PUBLIC AREAS OFFERED ON OUR SITES, CONSTITUTES ACCEPTANCE OF ALL OF THE TERMS AND CONDITIONS DESCRIBED HEREIN.

    Certain places within the Sites, such as the "Tell Us Your Story" page, or other forums, blog pages or public areas, may allow users to post comments or communications that are publicly accessible and non-confidential. The content and communications posted within these areas is largely controlled by our users. NFCC® or the party hosting such a public area, has no control over such content and cannot guarantee the accuracy or reliability of any such content or communications. Thus, the responsibility for what is posted on these pages of the Sites lies with each user -- you alone are responsible for material you post.

    Neither NFCC® nor any third party host of such a public area claims ownership of any of the information or material that you transmit, distribute, post, communicate, or store on, to, or through the Sites. Therefore, by submitting any such material or communication to the Sites, you warrant that you own or otherwise control all the rights to any content or communications submitted by you to the Sites and that you will not upload or transmit any communications or content of any type that infringes upon or violates any rights of any party. By submitting communications or content to any part the Sites, you agree that such submission is non-confidential and is not otherwise protected by any other law, including privacy, publicity, copyright or trademark law.

    By submitting communications or content to a public area of the Sites, you agree that such submission is non-confidential for all purposes. Further, you hereby grant to NFCC® and all other persons or organizations involved in the operation of the Sites the right to transmit, republish, distribute, display, retrieve, store, use and otherwise fully exploit any information that you provide to the Sites for any purpose, including for publication and promotion, or within internal or external presentations, and in correlation with any product, without further compensation to you.

    NFCC® and/or one of its agents or partners reserves the right, but shall have no obligation, to investigate the Sites or your use of the Sites in order to (a) determine whether a violation of these Terms of Use has occurred, (b) comply with any applicable law, regulation, legal process or governmental request, or to (c) remove any postings, profiles, and to terminate your ability to post to the service at any time without notice, in its sole discretion. NFCC® also reserves the right to disclose any information necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials in whole or in part.

    Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate U.S. or international copyright, trademark, and/or other laws.

  9. LICENSE GRANT


  10. If you make any submission to or communications on the Sites, you automatically grant to NFCC®, or warrant that the owner of such content has expressly granted to NFCC®, a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content material in any media or medium, or any form, format, or forum now known or hereafter developed. NFCC® may sublicense its rights through multiple tiers of sublicenses.

  11. RULES FOR POSTING QUESTIONS AND COMMENTS IN FORUMS AND PUBLIC AREAS


  12. NFCC® does not control the content or communications of any of the public areas on the Sites. However, NFCC® reserves the right to monitor public areas to ensure the content and communications in such areas are within the spirit of the purpose of the Sites and do not otherwise violate these Terms of Use. Specifically, the following actions will constitute a material breach of these Terms of Use:


    1. Using a public area for any purpose in violation of local, state, federal, or international laws;


    2. Posting material that infringes on the rights of others, including copyrights, trademarks, trade secrets, publicity or privacy rights;


    3. Posting material that is unlawful, obscene, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by NFCC® in its sole discretion;


    4. Posting advertisements, solicitations or spam links to other web sites or individuals, without prior written permission from NFCC®;


    5. Posting chain letters or pyramid schemes;


    6. Impersonating another business, person or entity, including NFCC®, its related entities, employees and agents;


    7. Registering under more than one name and/or e-mail address;


    8. Distributing viruses or other harmful computer code;


    9. Harvesting or otherwise collecting information about others, including email addresses, without their consent;


    10. Allowing any other person or entity to use your identification for posting or viewing comments;


    11. Posting any communications that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;


    12. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the public area or the Sites, or which, in the judgment of NFCC®, exposes NFCC® or any of its customers, partners or suppliers to any liability or detriment of any type;


    13. After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);

    Users who violate these terms shall be liable for any claim, action, damage or harm caused to NFCC®, the user and any other injured party. Furthermore, NFCC® may terminate the account of any person who violates these Terms of Use and the rules provided above.

  13. MONITORING


  14. We shall have the right, but not the obligation, to monitor the content of the Sites to determine compliance with these Terms of Use and any other operating rules that may be established by us from time to time. We shall have the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on the Sites. Without limiting the foregoing, we shall have the right, but not the obligation, to remove any material that we, in our sole discretion, find to be in violation of the provisions hereof, otherwise objectionable or stale.

    Notwithstanding this right of ours, users shall remain solely responsible for the content of their messages. You acknowledge and agree that neither us nor any of our affiliates shall assume or have any liability for any action or inaction by us with respect to any conduct within the Sites or any communication or posting on the Sites.

  15. ENFORCEMENT OF THESE TERMS OF USE


  16. In the event that any of the terms of these Terms of Use have been breached or any rule stated above violated, NFCC® reserves the right (but is not obligated) to do any or all of the following:


    1. Record the dialogue in public areas on the Sites.


    2. Investigate an allegation that a communication does not conform to these Terms of Use and determine in its sole discretion to remove or request the removal of the communication.


    3. Remove communications that it determines, in its sole discretion, to be abusive, illegal, or disruptive, or that otherwise fail to conform to these Terms of Use.


    4. Terminate a user's access to any portions or pages of the Sites.


    5. Monitor, edit, or disclose any communication made on the Sites.


    6. Edit or delete any communication posted on the Sites, regardless of whether such communication violates these Terms of Use.

    NFCC® reserves the right to take any other action it deems necessary to protect the personal safety of our guests, visitors, or the public.

  17. DISCLAIMER OF WARRANTIES


  18. THE SITES AND THE CONTENT ON THE SITES ARE PROVIDED "AS IS." NFCC® MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SITES OR THE CONTENT OR COMMUNICATIONS ON THE SITES, OR ANY WEB SITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITES, TO THE EXTENT PERMITTED BY LAW. NFCC® DISCLAIMS IMPLIED WARRANTIES THAT THE SITES AND ALL SOFTWARE, CONTENT AND SERVICES, INFORMATION DISTRIBUTED THROUGH THE SITES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NFCC® OR A REPRESENTATIVE SHALL CREATE A WARRANTY.

    When using the Sites, information will be transmitted over a medium which is beyond the control and jurisdiction of NFCC®, its partners, advertisers, and sponsors. Accordingly, NFCC® assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Sites. WE DO NOT GUARANTEE THAT THE SITES WILL MEET YOUR REQUIREMENTS, OR THAT THEY ARE ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE SERVICES THAT MAY BE OBTAINED FROM THE USE OF THE SITES, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, AND ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT ALL TIMES OR LOCATIONS OF YOUR CHOOSING.

    FURTHER, NFCC® DOES NOT ENDORSE AND MAKES NO WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE SITES. UNDER NO CIRCUMSTANCES WILL NFCC® BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE SITES OR ANY SERVICES OFFERED VIA THE SITES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT ON THE SITES.

  19. LIMITATION OF LIABILITY


  20. In no event shall NFCC®, its partners, sponsors, advertisers, agents or licensors, or any third parties mentioned on the Sites be liable for any damages (including, without limitation, incidental, consequential or other indirect damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Sites, the Content or any communications of the Sites, whether based on warranty, contract, tort, or any other legal theory, and whether or not NFCC® is advised of the possibility of such damages. NFCC® is not liable for any personal injury, including death, caused by your use or misuse of the Sites, Content, or public area.

    YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH NFCC® IS TO DISCONTINUE YOUR USE OF THE SITES OR ANY SERVICE OFFERED BY NFCC®. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AFFILIATES AND SUBSIDIARIES FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITES EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE.

  21. INDEMNIFICATION


  22. By using the Sites you agree to indemnify and hold NFCC®, its officers, directors, employees, affiliates, agents, attorneys, representatives and members harmless from any and all losses, damages, liabilities, claims, demands, suits, or causes of action (including reasonable attorneys' fees and costs) arising from your use or misuse of the Sites.

  23. PASSWORDS


  24. Certain parts of the Sites require a login and password to enter. Users agree that they are responsible for all acts or omissions that occur on their account while their password is being used. NFCC® reserves the right to access and disclose any information, including, without limitation, user names of accounts and other information, to comply with applicable laws and lawful government requests.

  25. CHANGES TO THESE TERMS OF USE


  26. NFCC® may, from time to time in its sole discretion, change or modify these Terms of Use. Any changes or modification will be effective upon posting of the revisions on the Sites. At any given time, your access and use of the Sites and provision of information is governed by the Terms of Use then in effect. Your continued use of the Sites following NFCC®'s posting of any changes or modifications will constitute your acceptance of such changes or modifications. Should you not wish to be bound by the modified Terms of Use; you may not use or access the Sites.

  27. PRIVACY


  28. We collect personal information on the Sites, which is subject to the terms of our privacy statement, located at Privacy Notice and Security Policy.

  29. LINKS TO EXTERNAL SITES


  30. The Sites may contain links to other web sites. We are not responsible for the availability of these external sites nor does it endorse the activities or services provided by these web sites. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external web sites.

  31. CHOICE OF LAW


  32. You agree that the laws of the District of Columbia govern this contract and any claim or dispute that you may have against us, without regard to the District of Columbia's conflict of laws rules. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the District of Columbia and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

    PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE DISTRICT OF COLUMBIA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE DISTRICT OF COLUMBIA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

  33. TERMINATION


  34. We shall have the right to immediately terminate these Terms of Use with respect to any user which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by you of this Agreement. The provisions of Sections 1, 2, 3, 5, 9, 10, 11, 16 and 17 shall survive termination of this Agreement.

    Effective Date: April 20, 2009
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