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Home » Terms & Conditions

Terms & Conditions

Consolidated Credit’s Terms and Conditions of Use

Last updated: May 29, 2025

I. AGREEMENT BETWEEN USER AND CONSOLIDATED CREDIT

These Terms and Conditions of Use (“Agreement”) are a legal agreement between you (hereinafter referred to as “You”, “Your”, “User”, and/or “Consumer”) and Consolidated Credit (hereinafter referred to as “We”, “US”, “Our”, and/or “Consolidated”), and the website(s) marketing Consolidated Credit services or providing consumers access to the Consolidated Credit (the “Site(s)”). By using, registering, or otherwise interacting with the Site in any way whatsoever, including through any credit counseling services We provide, you agree to be bound by all the terms and conditions (the “Terms”) in this Agreement. You understand that you are not able to modify these terms and must accept all terms “AS-IS.” Should you choose not to accept all Terms herein, simply do not register your information, make use of, or interact with this Site, or any other site belonging to, marketing of, or operated by Consolidated.

This Agreement contains a binding arbitration agreement in Section XII titled DISPUTE RESOLUTION BY BINDING ARBITRATION (“ARBITRATION AGREEMENT”). Under the Arbitration Agreement, you agree to resolve all disputes arising out of or relating to your registration, use, and/or interaction with the Site or any other Site promoting, marketing, or providing services of Consolidated in any way whatsoever through binding individual arbitration and not in any class or mass arbitration setting. You and We both give up any right to have any dispute between the parties be decided in a court by a judge or a jury. You have the right to opt out of our Arbitration Agreement. YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS.

Consolidated’s Privacy Policy is hereby incorporated by reference into this Agreement. The Privacy Policy explains how we collect, protect, share and use your information as a part of our Site, and all our product and services, and We suggest that you review it before providing information on our Site. If you do not agree with the Privacy Policy terms do not provide any personal information on this Site or any other Consolidated site.

II. MODIFICATION OF THIS AGREEMENT

Consolidated reserves the right to change the terms, conditions, and notices under which the Consolidated Site(s) and services are offered, including but not limited to the charges associated with the use of the Consolidated Site(s), or our Privacy Policy.

THE MOST CURRENT VERSION OF THESE TERMS, WHICH WILL BE NOTED BY THE “LAST UPDATED” DATE ABOVE, SUPERSEDES ALL PREVIOUS VERSIONS. REGARDLESS OF WHETHER OR NOT YOU REVIEWED THE CHANGES TO THESE TERMS, YOU EXPRESSLY ACKNOWLEDGE THAT YOUR CONTINUED USE OF ANY PART OF THIS SITE OR ANY FEATURE ON OUR SITE CONSTITUTES YOUR ACCEPTANCE TO ALL TERM CHANGES TO THIS AGREEMENT.

III. LINKS TO THIRD PARTY SITES

The Consolidated Site(s) may contain links to third party websites (“Linked Sites”). The Linked Sites are not under the control of Consolidated and Consolidated is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Consolidated is not responsible for webcasting or any other form of transmission received from any Linked Site. Consolidated is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Consolidated of the site or any association with its operators.

IV. ACCEPTABLE USE POLICY – NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Consolidated Web Site, you warrant to Consolidated that you will not use the Consolidated Site(s) for any purpose that is unlawful or prohibited by these terms, conditions, this Acceptable Use Policy (“AUP”) and/or notices.

The below prohibitions have been established by the Consolidated to comply with applicable law, ensure reliable and enjoyable service for all our users, ensure security and privacy of our (and any third party’s) network and systems, maintain the Consolidated’s reputation as law-abiding, honorable, and consumer-friendly, and always preserve the privacy and security of each user’s personal information. The Site and the Service may only be used for lawful purposes and under this AUP and the Terms of Use. Additionally, you are prohibited from using the Site or the Service as follows:

  1. In any manner that violates any federal, state, international, or local law or regulation.
  2. In a manner that materially interferes with our activities or overall business or harms any of our consumer members, employees, affiliates, agents, officers, or directors.
  3. To threaten, bypass, or destroy any security mechanism used with or incorporated in the Site or the Service.
  4. To disparage, denigrate, insult, or otherwise make pejorative statements about the Consolidated and/or any of its affiliates, directors, officers, employees, partners, brand, products, or service.
  5. To transmit any content or information that is offensive, lewd, pornographic, defamatory, libelous, harassing, tortious, abusive, illegal, prejudice, discriminatory, or otherwise inappropriate or objectionable.
  6. To transmit any marketing, advertising or promotional materials, including without limitation any “spam,” “junk mail,” or other deceptive or unsolicited bulk or commercial email.
  7. To modify, sub-license, adapt, translate, reverse engineer, sell, disassemble, or decompile any portion of the Service and/or the Site’s functionality.
  8. To impersonate Consolidated (including any Consolidated officer or employee), any user of our Site and/or Service, or any other person or entity.
  9. To transmit any content, data, or material that infringes the intellectual property rights or other personal rights (including privacy) of any third parties.
  10. To use the Service and/or the Site in connection with unsolicited, unwanted, or harassing communications, including without limitation, SMS messages, phone calls, voice mail, chat, video, or e-mail.
  11. To transmit any content, data, or material that contains viruses, spyware, spiders, robots, worms, Trojan horses, logic bombs, or any other type of malicious or deleterious programs.
  12. To use the Site or the Service to collect information about other users, including phone numbers or e-mail addresses, without any such individual’s prior explicit consent or otherwise under false pretenses of any kind.
  13. In any manner that violates any other applicable policy maintained by the Consolidated, including without limitation the Consolidated Privacy Policy, Terms of Use, and Copyright Policy.
  14. To use the Service or Site to record or monitor a phone call or other communication without first obtaining express consent from the participants per applicable law (such as California’s Invasion of Privacy Act).
  15. In any manner that can reasonably be considered contrary to the Consolidated’s goodwill, public image, and overall reputation.
  16. To express or imply that any user’s statements, activities, or causes are endorsed by the Consolidated.
  17. To collect, or attempt to collect, personal information about users or other third parties without their prior knowledge and affirmative consent.
  18. To divulge any of Consolidated’s (or any affiliate’s) proprietary information.
  19. In any manner that promotes any illegal activity (such as driving under the influence, illegal drug use, violence, child abuse, or underage drinking).
  20. To knowingly or willfully receive, use, re-use, upload or download any material which:
    1. Contains material that may reasonably be considered obscene, defamatory, offensive, abusive, hateful, inflammatory, harassing, violent, or otherwise objectionable;
    2. Promotes pornographic or other sexually explicit material, discrimination, or violence, based on race, religion, nationality, sex, gender, disability, age, or sexual orientation;
    3. Is likely to deceive any person acting reasonably under the circumstances;
    4. Impersonates any person; or
    5. Involves commercial activities or sales.

Consolidated requests that any user who believes that a violation of this AUP or any other Consolidated policy has taken place should report the alleged violation to the Consolidated promptly. Such report shall be sent to [email protected]. The following information should be included:

  1. Name of alleged violator(s);
  2. Date and time (including time zone) of the alleged violation(s);
  3. The IP address(es) used to commit the alleged violation(s);
  4. Description of alleged violation(s);
  5. Evidence of the alleged violation(s) (including screenshots and videos); and
  6. The reporter’s involvement, if any, in the violation (and how the violation was discovered in the first instance).

The identity of those who report known or suspected violations will be maintained by Consolidated with the utmost secrecy at all times. If you have any questions regarding this policy, please contact us at [email protected].

V. USE OF COMMUNICATION SERVICES (IF PROVIDED ON THE SITE(S))

The Consolidated Site(s) may contain bulletin board services, chat areas, news groups, ai chat boxes, forums, ask the expert bulletin, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the Consolidated services. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  2. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  3. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  4. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
  5. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  6. Conduct or forward surveys, contests, pyramid schemes or chain letters.
  7. Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  8. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  9. Restrict or inhibit any other user from using and enjoying the Communication Services.
  10. Violate any code of conduct or other guidelines which may be applicable for any Communication Service.
  11. Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  12. Violate any applicable laws or regulations.

If Communication Services are provided on the Site(s), You understand that Consolidated does not, and has no obligation to, monitor the Communication Services. However, Consolidated reserves the right to, from time to time and without prior notification, review materials posted to a Communication Service and to remove any materials in its sole discretion. Consolidated reserves the right to terminate your access to any or all the Communication Services at any time without notice for any reason whatsoever.

Consolidated reserves the right, in its sole discretion, to disclose any information as 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.

You should use caution when giving out any personally identifying information about yourself or your household in Communication Service which are not official forms and chat boxes (with our agents) of Consolidated and which provide for a discussion board with other consumers.

Consolidated does not control or endorse the content, messages or information found in any non-Consolidated Communication Service and, therefore, Consolidated disclaims all liability regarding the Communication Services and any actions resulting from your participation in any Communication Service, even if located on the Consolidated Site(s). Managers and hosts are not authorized Consolidated spokespersons, and their views do not necessarily reflect those of Consolidated, nor bind Consolidated under any legal theory.

VI. MATERIALS PROVIDED TO CONSOLIDATED OR POSTED AT ANY CONSOLIDATED SITE(S)

Consolidated does not claim ownership of the materials you provide to Consolidated (including feedback and suggestions) or post, upload, input or submit to any Consolidated Site(s) or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Consolidated, its affiliated companies and necessary sub-licensees a royalty-free, worldwide, transferable license and permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. You agree that no compensation will be paid to you with respect to the use of your Submission. Consolidated is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at Consolidated’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

VII. COMMUNICATION AND PRIVACY COMPLIANCE DISCLOSURE

All Site(s) interactions and phone calls are recorded for marketing, compliance and quality assurance purposes. Consolidated’s Site privacy rights and obligations can be found on our Privacy Policy, which you should review in detail.

a. Telephone Consumer Protection Act Compliance

Consolidated takes the Telephone Consumer Protection Act (“TCPA”) compliance with outmost seriousness. Therefore, any TCPA procedures are pursuant to a strict TCPA compliance policy that has been implemented by Consolidated.

This provision outlines our general consent requirements and acknowledgements which you will be subject to in the event you submit a TCPA consent form or contact form seeking a communication from us, or if you sign a contract for our Services. By providing us with your name, email, phone number on the submission form containing the TCPA disclosure, and signing your name using your E-Sign signature (regardless of its form), you expressly authorize Consolidated, and Consolidated representatives, to contact you (including using autodialers, automated text and artificial or pre-recorded messages) via your telephone, cellphone, mobile device (including via Short Message Service (“SMS”) or wireless internet (“WAP Service”), or push notification), even if your telephone number is currently listed on any state or federal Do Not Call list, and/or via chat bots or via email. If you have previously requested to be on the Consolidated Do Not Call List, you understand that even if you submit a request to be called again, our policy is not to contact anyone who requested to be on our internal Do Not Call List, which is maintained in accordance to our TCPA Policy. You understand that standard phone and data charges may apply. Your TCPA consent is not required, and you are not required to complete a TCPA Consent form as a condition of receiving our services.  You also consent to the recording and monitoring of all calls to and from us, and that we may use the recording for various purposes. You represent you are the owner or authorized user of the mobile device, and the phone number associated with that mobile device to which we will be making phone calls and/or on which messages will be received, and that you are authorized to approve all applicable charges associated with the receipt of message from us.

You may opt out of receiving calls and/or messages to your telephone or mobile device at any time by any and all reasonable methods, including responding to a text message with any of the following words “stop,” “quit,” “end,” “revoke,” “opt out,” “cancel,” or “unsubscribe,” or notifying us at [email protected], or via our interactive or automated voice or key press revocation method if on the call with us, and you may opt out of receiving emails by clicking the “Opt-out” link on the bottom of the email. You may text “HELP” for further assistance and information, or You may also call 1-888-673-5974 for support.  You acknowledge and agree that only United States residents may use the SMS or WAP Service to communicate with us.

b. Data Security of SMS and WAP Service Communications

SMS or WAP Services are provided via wireless systems which use radio frequencies (and other means) to transmit communications over complex networks. Consolidated does not guarantee your use of the SMS or WAP Services will be private or secure, and Consolidated will not be liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures appropriate to your situation and intended use of the SMS or WAP Service. You acknowledge and agree Consolidated may obtain from your carrier’s wireless account information regarding the device you are using with your carrier for the purpose of identifying and resolving technical problems and enhancing your service experience with our Site(s). Please review our Privacy Policy for additional information governing privacy of your personal information.

VIII. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE CONSOLIDATED’S SITE(S) MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION ON OUR SITE(S). CONSOLIDATED AND/OR ITS MARKETING AND/OR INFORMATION TECHNOLOGY VENDORS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE CONSOLIDATED SITE(S) AT ANY TIME.

ADVICE RECEIVED THROUGH THE CONSOLIDATED SITE(S) SHOULD NOT BE RELIED UPON FOR ANY PERSONAL, LEGAL, OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. ALL INFORMATION ON OUR SITE(S) IS PROVIDED AS GENERAL INFORMATION ONLY.

CONSOLIDATED, AND/OR ITS MARKETING AND/OR INFORMATION TECHNOLOGIES VENDORS, MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE CONSOLIDATED SITE(S) FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. CONSOLIDATED AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CONSOLIDATED AND/OR ITS MARKETING AND INFORMATION TECHNOLOGY VENDORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE CONSOLIDATED SITE(S), WITH THE DELAY OR INABILITY TO USE THE CONSOLIDATED SITE(S) OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE CONSOLIDATED SITE(S), OR OTHERWISE ARISING OUT OF THE USE OF THE CONSOLIDATED SITE(S), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CONSOLIDATED OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE CONSOLIDATED WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CONSOLIDATED SITE.MEMBER’S PORTAL ACCESS & ACCESS TERMINATION

CONSOLIDATED HAS ESTABLISHED A “MEMBERS” PORTAL ON THE CONSOLIDATED SITE(S) WHICH IS DEDICATED FOR MEMBERS OF CONSOLIDATED DEBT MANAGEMENT PROGRAM, AND WHICH REQUIRE OBTAINING ACCESS CREDENTIALS. SHOULD YOU BECOME A MEMBER OF CONSOLIDATED, YOU WILL HAVE ACCESS TO THE RESTRICTED MEMBER’S PORTAL AREAS ON THE CONSOLIDATED SITE(S). YOU UNDERSTAND AND AGREE THAT YOU WILL NOT SHARE YOUR ACCESS CREDENTIALS WITH ANYONE, AND THAT CONSOLIDATED WILL PRESUME IT IS YOU WHEN YOUR CREDENTIALS ARE USED TO ENTER INTO THE MEMBERS’ PORTAL. IN THE EVENT THAT YOU MISUSE OUR SITE, THE TOOLS AND SOFTWARE ON OUR SITE, OR OTHERWISE BREACH THE TERMS OF THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, YOU UNDERSTAND THAT CONSOLIDATED RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TERMINATE YOUR ACCESS AND/OR USE OF THE SITE, OR ANY TOOL OR SOFTWARE ON THE SITE.

IX. GENERAL / MISCELLANEOUS TERMS

  1. Governing Law, Jurisdiction, Venue, Waiver of Jury Trial and Class/Mass Action. This Agreement is governed by the laws of the State of Florida, without regards to any choice of law provisions. Should you properly and timely opt out of Arbitration, you hereby consent to the exclusive jurisdiction and venue of the state or federal courts sitting in Broward County, Florida, in all disputes arising out of or relating to the use of the Site, and you consent to the personal jurisdiction of Florida. If you did not properly or timely opt out of Arbitration, please see the Arbitration provision below for the applicable law and jurisdiction governing your arbitration. SHOULD YOU PROPERLY AND TIMELY OPT OUT OF ARBITRATION, YOU, NONETHELESS, UNDERSTAND THAT EACH PARTY ACKNOWLEDGES AND AGREES THAT ANY CONTROVERSY THAT MAY ARISE UNDER THIS AGREEMENT SHALL BE BROUGHT ON AN INDIVIDUAL BASIS AND NOT AS PART OF A CLASS/MASS ACTION, AND IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, EACH PARTY HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT SUCH PARTY MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT.
  2. Relationship of the Parties. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Consolidated because of this Agreement or use of the Site(s) or our Services.
  3. Applicability of Laws. Consolidated’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Consolidated’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site(s) or any information provided to or gathered by Consolidated with respect to such use.
  4. Severability. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
  5. Entire Agreement. Unless otherwise specified herein, this Agreement, along with our Privacy Policy, any Notices and Disclosures on our Site, which are incorporated herein by reference, together constitute the entire agreement between the You and Consolidated with respect to the Site(s) and it supersedes all prior or contemporaneous communications and agreements, whether electronic, oral or written, between the user and Consolidated with respect to the Site. You understand and agree that if you become a member of Consolidated and sign up for the services, you will be required to sign a Membership Agreement which will govern your Membership with Consolidated. A printed version of this Agreement and of any notice given in electronic form shall be admissible in any arbitration, judicial, or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

X. ACCESSIBILITY STATEMENT

Consolidated is committed to providing access to our websites and apps to as many users as possible. With respect to this ongoing goal, we understand how many of our customers are currently living with one form of disability or another (including auditory, physical, neurological, visual, and cognitive disabilities), many of which can greatly inhibit access to information technologies including the Internet. Consolidated is committed to ensuring equal access to our users with disabilities, as we recognize how critical such access truly is to consumers and individuals with disabilities. We are also committed to providing maximum access our websites and apps to those users who, while not suffering from a current disability, are nevertheless subject to access barriers including low bandwidth and language issues. We encourage and welcome all users and strive to help those achieve maximum access so that everyone can enjoy and benefit from our offerings equally. In furtherance of this goal, our web content has been designed in compliance with the American with Disabilities Act of 1990 (ADA), 42 U.S.C. § 12101, the World Wide Web Consortium’s (W3C) Web Content Accessibility Guidelines (WCAG) 2.1, Level AA (WCAG 2.1 AA), and Web Accessibility Evaluation Tool (WAVE Tool).

XI. ENGLISH LANGUAGE GOVERN

The English language governs this Agreement, and any other agreement entered between you and Consolidated. As a matter of convenience for the consumer, Consolidated makes available its Site(s) in Spanish as well, and the Agreement is available in Spanish as well. You understand and agree that if there is any difference in meaning between the English version, the Spanish version, or any other non-English version that may be offered with respect to this Agreement, the Site(s), or any other document, policy, or notice, the English version shall govern the relationship between the Parties over the non-English version at all times.

XII. Dispute Resolution by Binding Arbitration – IMPORTANT NOTICE WAIVING YOUR RIGHT TO BRING A CLAIM BEFORE A JUDGE OR JURY IN COURT.

In the event of any controversy between you and Consolidated, including but not limited to any demand, claim, suit cross claim, counterclaim, or third-party complaint or dispute, whether contractual, statutory, in tort or otherwise (including but not limited to our designated servicers and any fulfillment provider working on your behalf) arising out of, or in any way relating, to our relationship, including but not limited to this Agreement, our Privacy Policy, Site Disclaimers, use of the Website, the information on the Website, any referral services provided by Consolidated, or the breach, termination, enforcement, interpretation, or validity of the Agreement or its performance, including any determination of the scope, enforcement or applicability of this provision to arbitrate, shall be resolved by binding arbitration in Broward County, Florida, or the nearest metropolitan area to the county in which you reside, or at such other location upon which the parties may agree upon. This provision to arbitrate is governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §1 et sec., which shall govern the interpretation and enforcement of our mutual agreement to arbitrate, and not by any state rule or statute governing arbitration and without respect to any state arbitration law. This agreement to arbitrate shall survive termination of the Agreement. The Parties agree to the following Arbitration Terms:

  1. The Arbitration shall be administered by the American Arbitration Association (“AAA”) (www.adr.org), the Judicial Arbitration Mediation Services (“JAMS”), or another nationally known consumer arbitration service agreed by the parties in the event AAA and JAMS no longer conduct consumer arbitrations. The Party who intends to seek arbitration must first send to the other Party a written Notice of Dispute before filing it with the arbitration service provider. The Notice must describe both the nature and basis of the dispute; and the specific relief sought. Any notice shall be deemed to have been given and received for all purposes when delivered by hand, a day after receipt through a nationally recognized overnight courier, or a day after being received through certified or registered mail, postage and charges prepaid, return receipt requested, to us at: Consolidated, Attn: Legal Department, 5701 W. Sunrise Blvd., Plantation, FL 33313.
  2. Commencement and Rules of Arbitration. The Parties shall engage in informal good faith discussions to resolve the dispute between them. If we do not resolve a claim within 30 days after receipt of the Notice, the party sending the Notice may commence an arbitration proceeding with the AAA, JAMS, or another national arbitration provision if AAA or JAMS are unavailable, by filing a detailed Claim or Demand of Arbitration.
    1. Filling with AAA. If you choose to file with the AAA, you may download or copy the form to initiate arbitration from the following website: http://www.adr.org/consumer. The AAA shall provide the parties a list of 5 arbitrators in which the parties may agree on an arbitrator. If the parties cannot mutually agree on an arbitrator, the parties shall rank the arbitrators and the AAA shall appoint a single arbitrator who shall administer the arbitration proceeding pursuant to its Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer-Related Disputes (“AAA Rules”), except for Mass or Class Arbitration rules. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.
    2. Filling with JAMS. If you choose to file with JAMS, you may download or copy the form to initiate arbitration from the following website: http:// https://www.jamsadr.com/adr-forms. JAMS shall provide the parties a list of 5 arbitrators in which the parties may agree on an arbitrator. If the parties cannot mutually agree on an arbitrator, the parties shall rank the arbitrators and the JAMS shall appoint a single arbitrator who shall administer the arbitration proceeding pursuant to its Commercial Dispute Resolution Procedures and the Consumer Arbitration Minimum Standards (“JAMS Rules”), except for Mass or Class Arbitration rules. In the event another arbitration service is provided, the parties agree to follow the rules and principles of that arbitration service, except as to any rights to Mass or Class Arbitration rules which the Parties expressly agree will not apply.
  3. The Arbitrator. The selected arbitrator shall be either a retired judge or an experienced civil litigation and business law attorney. The arbitrator shall be neutral and independent and shall comply with the selected arbitration service’s code of ethics. The Arbitrator shall conduct the arbitration in a civil manner and ensure civility of the parties and their counsel while making their arguments. Additionally, in conducting the arbitration hearing, in addition to the selected arbitration service rules, the arbitrator shall be guided by the Federal Rules of Civil Procedure, the Federal Rules of Evidence, and shall apply Florida substantive law.
  4. The Arbitration Award. The Arbitrator shall issue a written reasoned award in which the arbitrator shall address the claims, defenses, evidence presented, and legal reasoning in making his decision, and the award, including the entitlement to attorney’s fees and arbitration costs. If the Arbitrator determines that reasonable attorney fees and costs may be awarded under applicable law, the parties agree that the arbitrator will also determine the amount of reasonable attorneys’ fees to be awarded, which shall be determined in a post award hearing (or via written submissions only) to determine fees and costs. Any award rendered by the arbitrator shall be final and binding and shall not be subject to vacation or modification, except as expressly permitted by the Federal Arbitration Act. Judgment on the Arbitration Award may be entered in the jurisdiction in which the arbitration was commenced or in any court having jurisdiction over the Party against whom judgment is to be entered.
  5. Waiver of Right to Bring Mass or Class Actions. The parties agree that either party may bring claims against the other only in his/her or its individual capacity and not as a plaintiff or class member in any purported mass, class, or other representative proceeding. Further, the parties agree that the arbitrator may not consolidate proceedings of more than one person’s claims and may not otherwise preside over any form of representative or class proceeding.
  6. Limitation on Injunctive Relief: The arbitrator may award injunctive relief only in favor of an individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
  7. Small Claims Proceeding Exclusion. If a consumer chooses to bring a claim that are subject to the exclusive jurisdiction small claims court (which shall be subject to the exclusive venue provided for in Section IX(A) of this Agreement), shall be excluded from the requirement to arbitrate the proceeding.
  8. Costs of Arbitration: Payment of all filing, administration and arbitrator fees will be governed by the selected arbitration service rules. Each party shall bear its own attorneys’ fees, if any, unless such fees are expressly provided for by applicable law. If, however, attorney fees are provided for under applicable law, then the arbitrator shall determine entitlement of the prevailing party to recover its attorney fees. If a party fails to proceed with Arbitration, unsuccessfully challenges the Arbitrator’s award, or fails to comply with the Arbitrator’s award, the other party shall be entitled to costs of suit, including reasonable attorneys’ fees for having to compel Arbitration or defend or enforce the award.
  9. Arbitration Opt-Out. YOU MAY OPT-OUT OF THE TERMS OF THIS ARBITRATION PROVISION BY PROVIDING CONSOLIDATED WITH NOTICE IN WRITING WITHIN THIRTY (30) DAYS OF FIRST USING OUR SITE AND ACKNOWLEDGING YOUR OBLIGATION TO ARBITRATE THROUGH OUR DISCLOSURE POP-UP. If you do so, neither you nor we can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing either by U.S. mail delivered to: Consolidated, Attn: Legal Department, 5701 W. Sunrise Blvd., Plantation, FL 33313 or by email delivered to [email protected]. You must include: (1) your name and residence address; (2) the email address and/or mobile telephone number associated with your account; and (3) a clear statement that you want to opt out of this agreement to arbitrate.
  10. What does arbitration mean? By agreeing to arbitration, we both acknowledge and agree that we are each: (i) waiving the right to pursue any other available dispute resolution processes, including, but not limited to, a court action or administrative proceeding, (ii) waving the right to participate in any class or mass action, (iii) waving the right to a trial by either a judge or jury, and (iv) giving up any right to appeal the arbitrator’s decision, except for a limited range of appealable issues expressly provided in the FAA. This section is considered by the parties to be an integral and non-voidable requirement and part of this Agreement, and the parties agree that prior to signing this Agreement including agreeing to this section they: (1) have had the opportunity to review such carefully, including with their own legal counsel if needed, (2) the parties understand the limitations on legal rights contained in this section including, but not limited to, the waiver of jury trial, the waiver of court proceeding and class actions, and (3) the parties consent and agree that this section is fair, reasonable, represents the intentions of each party at the time of entry into this Agreement, and should not be set aside later for any reason by any court. This section and the arbitration requirement shall survive termination.
  11. Notwithstanding any provision in the Agreement to the contrary, you and we agree that if we make a change to this agreement to arbitrate in the future, that change shall not apply to a claim that was filed in a legal proceeding between you and us prior to the effective date of the change.

XIII. SITE NOT INTENDED FOR USE BY MINORS UNDER THE AGE OF 18

The Site is not designed or directed to individuals under the age of eighteen (18), and we request that these individuals do not provide Personally Identifiable Information (PII) through the Site. Information of minors that is considered PII under the Children Online Privacy Protection Act (COPPA) includes: (i) First and last name; (ii) Physical address that includes street and town or city name; (iii) E-mail address; (iv) Online identifier that permits an individual to be contacted directly (e.g. an IM name, video or audio chat username, or other form of screen name); (v) Telephone number; (vi) Social security number; (vii) Image, video or audio containing an individual’s image or voice; (viii) Information sufficient to identify the home or other physical address of an individual; (ix) A cookie number, IP address, unique device number or other persistent identifier that can be used to track and recognize an individual over time and across different websites or apps; and/or (x) Hobbies, interests, information collected through the use of cookies, and any other information collected from a child that is either about that child or the parents/guardians of that child that, when combined with any of the above, can be used to identify the child.

Consolidated does not knowingly or willfully collect PII from minors under 18 years of age without parental consent. If you believe your minor child provided his information on our site in disregard of these Agreement, we request that you notify us in writing by contacting us via email at [email protected], and inform us immediately so we can take all reasonable measures to remove and delete any PII provided by your child through our Site or the tools provided on our Site. For more information regarding this policy please visit our Privacy Policy.

XIV. COPYRIGHT AND TRADEMARK NOTICES:

Consolidated, and the Consolidated logo are trademarks, trade names or service marks of Consolidated. All other trademarks and service marks available on the Site(s) are the property of their respective owners. You are not permitted to use any trademark or service mark displayed on this Site(s) without the prior written consent of Consolidated or the owner of such trademark or service mark. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.

XV. COPYRIGHT INFRINGEMENT POLICY

In accordance with the requirements set forth in the Digital Millennium Copyright Act, Title 17 United States Code Section 512(c)(2) (“DMCA”), Consolidated will investigate notices of copyright infringement and take appropriate remedial action. If you believe that any Content on the Site has been used or copied in a manner that infringes your work, please provide a written notification of claimed copyright infringement to the Designated Agent for the Site containing the following elements as set forth in the DMCA:

  1. a physical or electronic signature of the owner of the copyright interest that is alleged to have been infringed or the person authorized to act on behalf of the owner;
  2. identification of the copyrighted work(s) claimed to have been infringed, including copyright date;
  3. identification of the Content you claim to be infringing and which you request be removed from the Site or access to which is to be disabled along with a description of where the infringing Content is located;
  4. information reasonably sufficient to allow us to contact you, such as a physical address, telephone number and an email address;
  5. a statement by you that you have a good faith belief that the use of the Content identified in your written notification in the manner complained of is not authorized by you or the copyright owner, its agent or the law; and
  6. a statement by you that the information in your written notification is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on behalf of the copyright owner.

Consolidated’s designated agent for the written notification of claims of copyright infringement can be contacted at the following address:

Designated Agent – Copyright Infringement Claims
Consolidated Credit
5701 W. Sunrise Blvd.
Plantation, FL 33313
Email: [email protected]

XVI. CONTACT INFORMATION:

Consolidated Credit
5701 W. Sunrise Blvd.
Plantation, FL 33313
Email: [email protected]
Phone: 1-888-673-5974

PLEASE PRINT AND RETAIN A COPY OF THESE TERMS AND CONDITIONS FOR YOUR RECORDS.

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