Web Site Terms of Use and Privacy | Advantage Credit Counseling

Effective Date: January 12, 2023

This Web Site Terms of Use and Privacy (hereinafter called the “Terms of Use”) sets forth legally
binding terms that govern and restrict your use of this Web Site. If you do not agree to these
Terms of Use and Privacy, you should not use this Web Site.

This Web Site is sponsored by Advantage Credit Counseling Service, Inc. (the
“Agency”), a Pennsylvania non-profit corporation. Advantage Credit Counseling Service,
Inc. can be contacted by mail at River Park Commons, 2403 Sidney Street, Suite 250,
Pittsburgh, PA 15203, by phone at (412) 390-1300, or by e-mail
at [email protected]. The Web servers on
which Advantageccs.org is housed are owned and maintained by WPEngine. The Web servers on
which Advantageuser.org is housed is owned and maintained by Advantage Credit Counseling
Service, Inc.

The Agency is a non-profit 501(c)(3) consumer credit counseling service provider. Since 1968, the Agency
has helped consumers improve money management skills, develop plans to eliminate debt, learn about personal
credit, and provided other related services. We do not lend money.

1. Your Consent

YOUR ACT OF USING AND OR REGISTERING WITH THIS WEB SITE INDICATES THAT YOU AGREE WITH THESE
TERMS OF USE AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE, DO NOT USE THIS WEB SITE AND DO
NOT REGISTER WITH THIS WEB SITE.
By agreeing to these Terms of Use, you are also consenting to the collection, use, and disclosure
of your personal information THROUGH OUR WEB SITE as set forth below. Please review our
Privacy Policy (hereinafter called the “Privacy Policy”) before using our Web Site.

2. These Terms May Change

The Agency is continually improving and adding to the features and functions offered through this Web Site.
As a result of these changes (or related changes in the law or in best practices as we determine), we may
update or revise these Terms of Use or our Privacy Policy. Accordingly, we reserve the right to update or
modify these Terms of Use and Our Privacy Policy at any time, without prior notice, by posting the revised
versions of these Terms of Use or Privacy Policy behind the links marked “Terms of Use” and “Privacy Policy”
at the bottom of each page of our Web Site. Your continued use of our Web Site after we have posted the revised
Terms of Use or revised Privacy Policy constitutes your agreement to be bound by the revised Terms of Use and
revised Privacy Policy. You may access the current version of these Terms of Use and Privacy Policy at any time
by clicking the appropriate links marked “Terms of Use” and “Privacy Policy” at the bottom of each page of our
Web Site.

3. Other Agreements

When you sign up to use specific functionality or a special feature of our Website, such as our online counseling
service or our Blog, you may be asked to agree to special terms governing your use of that functionality or
special feature. In such cases, you will be asked to expressly consent to the special terms, by checking a box or
clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. If any of
the terms of the click-through agreement are different than the terms of these Terms of Use, the terms of the
click-through agreement shall supplement or amend these Terms of Use, but only with respect to the matters governed
by the click-through agreement.

4. Restrictions on Your Use of Our Web Site

You may not use our Web Site:

If you are not at least thirteen (13) years old, or
To post any text or materials if you are not at least eighteen (18) years old; or
To post any text or other materials in violation of our Restrictions on Submissions, as specified below in these Terms of Use; or
To access (or attempt to access) areas or features of our Web Site for which you do not have the proper authorization; or
To impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity; or
In any manner that violates any national, state, local or international law, rule or regulation; or
For any commercial purpose, including to advertise, promote or sell products or services; or
To further or promote any criminal or illegal activity or to provide instructional information about illegal activities; or
In any manner that interferes with, disables, disrupts, impairs, or creates an undue burden on the networks or services that support our Web Site; or
To harvest or collect e-mail addresses or other information of other users by electronic or other means; or
In a manner that we determine, in our sole and absolute discretion, inhibits any other user from using or enjoying our Web Site.

5. Restrictions on Submissions

You may not post any text or any other materials on our Web Site (hereinafter called a “Submission”) that:

is not true, accurate, current, and complete information; or
violates any copyright, trademark rights, patent rights, rights to privacy or confidentiality, or any other rights; or
is harmful, hateful, threatening, abusive, harassing, defamatory, libelous, sexually explicit, vulgar, lewd, obscene, pornographic, offensive, inappropriate or inflammatory; or
contains private or sensitive information about any other person without first obtaining that person’s express written permission; or
contains the image, name, or likeness of anyone other than yourself, unless that person is over 18 and you have first obtained that person’s express written permission; or
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
links to materials or other content, directly or indirectly, to which you do not have a right to link or that violates these restrictions; or
encourages others to violate these Terms of Use; or
violates any applicable local, state, national, or international law.

License to Use Your Submissions. By posting a Submission on our Web Site, you are granting us a non-exclusive, worldwide, fully paid-up and royalty-free, fully assignable, transferable and sub-licensable license to use, copy, perform and display publicly, distribute, and prepare derivative works based upon your Submission, in whole or in part, throughout the universe in any form, format, or medium now or hereafter known, in accordance with these Terms of Use and Privacy Policy.

Your Warranties With Respect to Your Submissions. By posting a Submission on our Web Site, you represent and warrant that the posting of your Submission does not violate these Terms of Use or any applicable state, local or international law, rule or regulation.

Responsibility for Submissions Posted on our Web Site. You and you alone are responsible for your Submissions. Your failure to comply with these Terms of Use may expose you to liability to us and liability to individuals or legal entities whose copyrights or other rights have been violated. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE IN ANY WAY FOR ANY SUBMISSIONS POSTED ON OR MADE AVAILABLE THROUGH OUR WEB SITE BY YOU OR ANY OTHER USER. We do not and shall not have any obligation to review Submissions, and therefore we do not guarantee the accuracy, integrity or quality of Submissions and we cannot assure you that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable Submissions will not appear on our Web Site. We do, however, reserve the right to review any or all Submissions in our sole and absolute discretion. In addition, we reserve the right to alter, edit or remove any Submissions, in whole or in part, at our sole and absolute discretion.

6. How Do We Use Blog Postings?

Blog Sites may contain personal information about the people who post the blogs, or other people, and may be viewed by anyone who has access to the Agency’s Web Site. In general, the Agency does not use the personal information contained in a Blog posting, except to provide access to our Web Site to you.

Although we do monitor our Web Site, we are not assuming any obligation to do so at any time. We do, however, reserve the right to review the content of any Blog postings. We reserve the right to delete any Blog posting that we in our sole and absolute discretion feel violates our Terms of Use or that is in any way inappropriate. We may take legal action against persons who violate our Terms of Use.

7. Ownership of Web Site and Content

Ownership of This Web Site. This Web Site, including all of the software and code comprising or used to operate our Web Site, all of the personalized Agency pages, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on our Web Site (collectively, “Content”), except for your own Submissions, is owned by the Agency or by third parties who have licensed their rights to the Agency. No right, title or interest in our Web Site, and any page in our Web Site, or any Content contained in our Web Site is transferred to you under these Terms of Use.

Copyrights. As between you and the Agency, the Agency and its licensors own and reserve the copyrights in our Web Site, including all of its Content, except that the Agency does not claim ownership of the copyrights in your Submissions.

Copyright License. We hereby grant you a limited license to access and use our Web Site, including any Agency page to which you have properly gained access, and to download and print copies of any Content to which you have properly gained access, but only for your own personal, non-commercial use, and only if you do not remove, modify or obscure any copyright, trademark, or other proprietary notices from such Content. The foregoing license is subject to these Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. This license is revocable and subject to amendment by the Agency at any time without notice and with or without cause. You agree not to use, display, reproduce, retransmit, modify, distribute, disseminate, sell, publish, broadcast, circulate, display or in any way exploit any Content, in whole or in part, by any means, except as expressly set forth in these Terms of Use, unless you first obtain our written permission. This license and these restrictions do not apply to your own Submissions.

Trademarks. All trade names, trademarks and service marks displayed on this Web Site are the registered or unregistered trademarks of the Agency, or its licensors or other third parties (collectively, the “Trademarks”) and are protected by the United States and international trademark laws and treaties. You may not use any Trademarks displayed on this Web Site without the prior express written permission of the Agency or the trademark owner.

8. What Personal Information Do We Collect Through Our Web Site?

Information You Volunteer. We collect the personal information you and others knowingly and voluntarily provide when you use our Web Site, or when you e-mail us, or complete online forms or use our “Online Counseling Service” or other online feature, including but not limited to your name, e-mail address, any budget information you may provide, assets, income, liabilities, creditors, account balances, payment history, and account balances and usage.

Information Sent to Us by Your Web Browser. We may collect information that is sent to us automatically by your Web browser. This information typically includes but is not limited to your IP address, the identity of your Internet service provider, the name and version of your operating system, the name and version of your browser, the date and time of your visit, and the pages of our Web Site that you visit. Please check your browser if you want to learn what information your browser sends or how to change your settings. Generally, we do not link the information provided by your browser to information that identifies you by name. IP addresses do not include your name, e-mail address or other information that identifies you personally, but in some cases, this information can be used to identify you.

Cookies and Similar Technologies. We use “cookies” and other Web technologies to collect information and support certain features of our Web Site. The use of cookies is now commonplace on many websites. At the present time, we use cookies through our use of Google Analytics. These are used to track user interaction with the site. We do this so we can identify which content is of greatest interest to our users, in order to allow us to deliver more meaningful content in the future. We also presently use cookies through our Google Adwords Remarketing campaign. These are used to serve future display ads (for up to 30 days) to past visitors of the Agency’s Web Site when they browse other websites that are designated as Google advertising partners. Tracking usage of the site and remarketing through Google entails placing small digital files on your device (for example, computer, tablet, or mobile phone). These include small files known as ‘cookies’. At no time do we collect (nor do we knowingly allow any third party to collect using our Web Site) any personal identifiable information of visitors to our Web Site within these cookies and they cannot be used in any way to identify you personally. For example, we may use these technologies to:

Collect information about the ways people use our Web Site, including which pages of our Web Site they visit, which links they use, and how long they stay on each page in order to identify which content is of greatest interest to our users so that we are able to deliver more meaningful content in the future;
To support the features and functionality of our Web Site, in order to save you the trouble of reentering information already in our database or to prompt the settings you established on previous visits;
To personalize your experience when you use our Web Site; and
To provide advertisements to users who have accessed our Web Site in the past in order to alert them to any new developments that are applicable to the content that the user accessed.

9. Do Not Track Disclosures

Generally, the information we collect using the Web technologies described in item number 8 above does not identify you personally, but we may link the information we collect using these Web technologies to other information that identifies you personally.

This activity information is sent directly to the Agency from its Web Site. It does not come from a third party, nor are third parties allowed to access this information. The only information third parties may access is the user’s traffic history in accessing the Agency’s Web Site. This information does not come from the Agency. This information is collected by a browser or an outside search engine without the Agency’s involvement or participation.

The Agency supports the Do Not Track browser setting. Do Not Track (“DNT”) is a preference you can set in your browser to let the websites you visit know that you do not want them collecting certain information about you, including the use of “cookies.” For more details about Do Not Track, including how to enable or disable this preference, visit www.aboutcookies.org.

The DNT preference does not prevent us from accessing information that a user voluntarily provides to us when they sign up for one of our Online Counseling models. For more information regarding voluntarily submitted information, its collection, use or protection, see item number 8 above, and items 10 and 11 below.

If you do not wish to receive cookies, you may set your browser to reject or block cookies, which prevents our Web Site from collecting any tracking information. You may also set your browser to alert you when a cookie is placed on your computer, or you may delete our cookies as soon as you leave our Web Site. Although you are not required to accept our cookies when you visit our Web Site, if you set your browser to reject cookies, you may not be able to use all of the features and functionality of our Web Site.

10. How Do We Use the Personal Information We Collect Through Our Web Site?

Generally, we use the personal information we collect through our Web Site for the following purposes:

To provide you with the information, products, and services you request;
To contact you regarding your use of our Web Site;
To send you news and information we believe will be of interest and benefit to you (in accordance with any privacy preferences you have expressed to us);
To improve the content, functionality, and usability of our Web Site;
To provide you with a personalized experience when you use our Web Site;
For security or fraud prevention purposes;
For any other purpose identified in an applicable privacy notice; and
For any other purpose identified in a click-through agreement or other agreement between the Agency and you.

We have no present plans to sell, rent, loan, trade, or lease any personal information collected on the Web Site.

11. How Do We Use Electronic Communications?

Types of electronic communications may include:

Telephone calls, SMS (text messages), and emails and other electronic communications
Website cookies used to track the behavior of website visitors and other technologies

After you have consented to electronic communications, you may change your preference by notifying us at any time.

You may indicate a preference to stop receiving further marketing e-mails from us and may “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly at [email protected] or by calling us at 1-866-699-2227. Despite your indicated e-mail preferences, we may send you service-related communications.

You may indicate a preference to stop receiving further text messages from us and may “opt-out” by texting the word “STOP” in reply to one of our text messages or by contacting us directly at [email protected] or by calling us at 1-866-699-2227 and let us know that you wish to opt-out of text messages. Message and data rates may apply. Message frequency varies.

12. What Steps Does the Agency Take to Safeguard Your Personal Information?

We maintain reasonable administrative, physical and technological measures that comply with federal regulations to protect the confidentiality and security of your personal information. We use industry standard 256-bit Secure Sockets Layering (SSL) encryption to protect your personal information as it travels over the Internet. We restrict access to our data center and our databases, and we use a secure, MSSQL database hosted on-site at Advantage Consumer Credit Counseling headquarters in Pittsburgh, Pennsylvania that is dedicated to online information in order to protect your personal and financial information. We also have firewall protection in place.

Compliance With Laws and Protection of Our Rights and the Rights of Others. We may disclose your personal information when we, in good faith, believe disclosure is appropriate to comply with the law, a court order or a subpoena. We may also disclose your personal information to prevent or investigate a possible crime, such as fraud or identity theft; to protect the security of our Web Site; in connection with a sale, merger, or consolidation or similar business transaction involving the Agency; to enforce or apply our online Terms of Use or other agreements; or to protect our own rights or property or the rights, property or safety of users of our Web Site or others.

13. How Does the Agency Share Personal Information With Others?

Your Creditors and Third-Party Vendors. The Agency shares personal information collected through our Web Site with your creditors and with third-party vendors who act for or on behalf of the Agency. For example, when you agree to a debt management program with the Agency, we will notify your creditors who will receive payments under this program. These payments will be processed through a third party on our behalf. We will notify these third-party vendors with information they may need about you in order to perform their functions. These vendors are required by contract to keep your personal information confidential and may use it only to provide services on our behalf.

As Described in a Privacy Notice or Click-Through Agreement. We reserve the right to disclose your personal information as described in any Privacy Notice posted on the Web page (or area) where you provide that information, or as described in any click-through agreement to which you have agreed. By providing your personal information on that Web page or pursuant to that agreement, you will be consenting to the disclosure of your personal information as described in that Privacy Notice or in that click-through agreement.

14. Your Opt-Out Right

You may opt out of having your personal information used, shared, disclosed or accessed in the manner described in these Terms of Use or in any Privacy Notice posted on our Web Site or in any click-through agreement to which you have agreed. However, if you opt out, the Agency may not be able to continue to provide you with any services or assistance or answer questions from your creditors. You may opt out at any time by contacting the Agency at 1-888-511-2227, or at 2403 Sidney Street, Suite 250, Pittsburgh, PA 15203, or at [email protected]. Further, if you are a resident of a state listed in item 23 below, you may click on the name of your state to be directed to a specific form, if any, for your state.

15. Links to Other Sites

This Web Site, including individual Agency pages, may provide links to other websites operated by third parties. Because we have no control over other third-party websites, we are not responsible for the availability of those websites and we do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. The Agency shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. These Terms of Use do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites.

16. Disclaimer of Warranties

THE AGENCY MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO THIS WEB SITE, ANY CONTENT (INCLUDING USER SUBMISSIONS) ON THIS WEB SITE, OR ANY PRODUCT OR SERVICE PROMOTED THROUGH OR MENTIONED IN THIS WEB SITE. THIS WEB SITE AND ALL OF ITS CONTENT ARE PROVIDED “AS IS” “WHERE IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGENCY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ARISING BY STATUTE, CUSTOM OR COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE AGENCY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, CORRECTNESS, RELIABILITY, COMPLETENESS OR USEFULNESS OF ANY CONTENT APPEARING ON THIS WEB SITE. THE AGENCY DOES NOT ENDORSE ANY OPINION, ADVICE, COMMENT OR STATEMENT MADE ON THIS WEB SITE BY USERS, AND USER SUBMISSIONS DO NOT IN ANY WAY REFLECT THE OPINION, ADVICE OR STATEMENT OF THE AGENCY.

NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY STATUTORY RIGHTS TO WHICH YOU MAY BE ENTITLED AS A CONSUMER TO THE EXTENT YOUR ABILITY TO ALTER OR WAIVE SUCH RIGHTS BY CONTRACT IS LIMITED BY APPLICABLE LAW.

17. Limitations Of Liability

YOUR USE OF THIS WEB SITE AND/OR THE AGENCY’S SERVICES IS AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES SHALL THE AGENCY, OR ITS LICENSORS, OR SERVICE PROVIDERS, OR ANY OF ITS OR THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS WEB SITE, ITS CONTENT (INCLUDING USER SUBMISSIONS), ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THIS WEB SITE, OR YOUR USE OF OR INABILITY TO USE THIS WEB SITE, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE DUE TO VIRUSES THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OF THIS WEB SITE OR YOUR DOWNLOADING OF ANY MATERIAL FROM THIS WEB SITE.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE AGENCY OR ANOTHER RELEASED PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.

IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE AGENCY, ITS LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).

18. Termination

You agree that the Agency may, under certain circumstances and without prior notice, immediately terminate your access to our Web Site. Cause for such termination will include, but not be limited to: (a) breaches or violations of these Terms of Use or other incorporated agreements or guideline; (b) requests by law enforcement or other government agencies; (c) a request by you; (d) discontinuance or material modification to the Web Site or any part thereof; (e) unexpected technical or security issues or problems; or (f) any other reason deemed sufficient by the Agency. Further, you agree that all terminations for cause will be made in the Agency’s sole and absolute discretion and that the Agency will not be liable to you or any third-party for termination of your access to our Web Site.

19. Security

You may not use the e-mail address and password of any other person to access our Web Site. You are responsible for maintaining the confidentiality of your e-mail address and password and may not let any other person use it to access our Web Site. You shall be solely responsible for the activities of anyone accessing our Web Site using a password assigned to you, even if the activities were not, in fact, authorized by you. You must notify the Agency immediately of any unauthorized use of your password. Please e-mail us at [email protected]. In addition, if you believe or suspect your password has been compromised, you must promptly change your password using the functionality provided on our Web Site. If you need help changing your password, please contact us at [email protected]. In addition, persons using our Web Site must understand that the Internet is inherently insecure and no website operator can guarantee that a website is secure. The Agency does not warrant that our Web Site is secure or “hacker proof.” You use our Web Site at your own risk.

20. Choice of Law, Jurisdiction, and Venue

These Terms of Use and the relationship between you and the Agency are governed by and construed in accordance with the federal laws of the United States of America and the internal laws of the Commonwealth of Pennsylvania, U.S.A., excluding conflict of laws provisions that would indicate the application of the laws of any other jurisdiction. ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO, OR USE OF, THIS WEB SITE OR THESE TERMS OF USE SHALL BE INSTITUTED ONLY IN A STATE OR FEDERAL COURT LOCATED IN ALLEGHENY COUNTY, PENNSYLVANIA, U.S.A. YOU AND THE AGENCY IRREVOCABLY AGREE TO SUBMIT TO THE JURISDICTION OF SUCH COURTS. You expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum. If the courts of a country in which you reside should determine that the provisions of this paragraph are not enforceable, then you agree to submit to binding arbitration conducted by the American Arbitration Association under its rules and procedures, including its Supplementary Procedures for Consumer-Related Disputes (as applicable).

21. Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Web Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or such claim or cause of action shall be forever barred.

22. General

As used in these Terms of Use, the term “including” means “including, but not limited to.” Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers must be in writing and signed in ink by the party to be bound. Unless the written waiver contains an express statement to the contrary, no waiver of any breach of any provision of these Terms of Use or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

If any provision of these Terms of Use is held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions, and the court shall substitute for such provision the valid and enforceable provision that most closely approximates the intent and economic effect of such provision. The remaining provisions of these Terms of Use shall remain in full force and effect.

These Terms of Use set forth the entire understanding and agreement between us and supersede all prior understandings and agreements between you and the Agency with respect to the subject matter hereof.

23. Information for Residents of Particular States

California. The Agency will not share personal information we collect on California residents with entities outside the Agency, except for our everyday business purposes or as required or permitted by law, such as with the written authorization or consent of the customer or to service the customer’s accounts. The Agency will limit the sharing of personal information with affiliates to the extent required by California law. Please also see item number 9 above regarding “Do Not Track Disclosures.

Nevada. Nevada law requires that we also provide you with the following contact information:

Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number – (702) 486-3132; e-mail: [email protected].
Advantage Credit Counseling Service, Inc., 2403 Sidney Street, Suite 250, Pittsburgh, PA 15203; Phone number – 1-800-511-2227; e-mail: [email protected]

Vermont. The Agency will not share personal information we collect on Vermont residents with affiliates or entities outside the Agency except for our everyday business purposes or as required or permitted by law, such as with the written authorization or consent of the customer or to service the customer’s accounts.

24. Contact Us

If you have any questions regarding these Terms of Use or our Privacy Policy, please contact us by e-mail at [email protected].