Consolidated Credit’s Terms & Conditions
Last updated: May 22, 2026.
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”), which govern the website(s) marketing Consolidated Credit services (“Site”) or providing consumers access to the Consolidated Credit Portal (“Portal”), and Consolidated App (“App”) developed by or on behalf of Consolidated giving clients access to their member’s portal (the Site, Portal, and App shall collectively the “Site(s)”). By registering, using, or otherwise interacting with the Sites in any way whatsoever, including through any credit counseling services Consolidated provides, 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 on the site, register to use our Portal or App make use of, or interact with this Site or mobile application, or any other site belonging to, marketing of, or operated by, Consolidated.
This Agreement contains a binding arbitration agreement in Section XIV titled DISPUTE RESOLUTION BY BINDING ARBITRATION (“ARBITRATION AGREEMENT”). which provides that you and CONSOLIDATED, INCLUDING ITS principals, employees, affiliates, members, or officers as well as all independent service and technology affiliate providers who provide services through or on the Sites, agree to resolve ANY AND all disputes arising out of or relating to your use and/or interaction with the SiteS in any way whatsoever, including REGISTRATION AND USE OF THE PORTAL OR APP, CLAIMS ARISING OUT OF OR relating to a TCPA consent form AND ACTING ON SUCH CONSENT, or any OTHER USE OF THE SITE, PORTAL, OR APP, through individual binding 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 agreement to arbitrate, as further provided in the arbitration agreement. YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS.
YOU UNDERSTAND AND AGREE THAT OUR PRIVACY POLICY, AND ANY OTHER NOTICE, ON OUR SITES, ARE INCORPORATED BY REFERENCE TO THIS AGREEMENT, AND THAT THESE TERMS GOVERN ALL POLICIES ON OUR SITE, INCLUDING YOUR OBLIGATION TO ARBITARTE CLAIMS REGARDING SAID POLICIES
Consolidated’s Privacy Policy explains how we collect, protect, use and share your information as a part of our Site, our Portal, and the App, 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, with or without notice, 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, portal, and app, as well as make changes to 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. IN THE EVENT TO A CHANGE TO THE ARBITRATION TERMS, YOU UNDERSTAND THAT SUCH CHANGES WILL NOT BE APPLICABLE RETROACTIVELY, SO THE VERSION WITH “LAST UPDATE” AT THE TIME OF YOUR DISPUTE AROSE SHALL APPLY TO YOUR ARBITRATION OBLIGATIONS.
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 Sites, including without limitation any link contained in a Linked Sites, or any changes or updates to a Linked Sites. 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 Site, the Consolidated Portal, and Consolidated App (as previously defined together as the Sites), you warrant to Consolidated that you will not use the Consolidated Sites 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:
- In any manner that violates any federal, state, international, or local law or regulation.
- 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.
- To threaten, bypass, or destroy any security mechanism used with or incorporated in the Site or the Service.
- 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.
- To transmit any content or information that is offensive, lewd, pornographic, defamatory, libelous, harassing, tortious, abusive, illegal, prejudice, discriminatory, or otherwise inappropriate or objectionable.
- To transmit any marketing, advertising or promotional materials, including without limitation any “spam,” “junk mail,” or other deceptive or unsolicited bulk or commercial email.
- To modify, sub-license, adapt, translate, reverse engineer, sell, disassemble, or decompile any portion of the Service and/or the Site’s functionality.
- To impersonate Consolidated (including any Consolidated officer or employee), any user of our Site and/or Service, or any other person or entity.
- To transmit any content, data, or material that infringes the intellectual property rights or other personal rights (including privacy) of any third parties.
- 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.
- 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.
- 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.
- In any manner that violates any other applicable policy maintained by the Consolidated, including without limitation the Consolidated Privacy Policy, These Terms of Use, and any Consolidated Copyright Policy.
- To use the Service, Site, Portal, or App 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, or any other applicable privacy laws).
- In any manner that can reasonably be considered contrary to the Consolidated’s goodwill, public image, and overall reputation.
- To express or imply that any user’s statements, activities, or causes are endorsed by the Consolidated.
- To collect, or attempt to collect, personal information about users or other third parties without their prior knowledge and affirmative consent.
- To divulge any of Consolidated’s (or any affiliate’s) proprietary information.
- In any manner that promotes any illegal activity (such as driving under the influence, illegal drug use, violence, child abuse, or underage drinking).
- To knowingly or willfully receive, use, re-use, upload or download any material which:
- Contains material that may reasonably be considered obscene, defamatory, offensive, abusive, hateful, inflammatory, harassing, violent, or otherwise objectionable;
- Promotes pornographic or other sexually explicit material, discrimination, or violence, based on race, religion, nationality, sex, gender, disability, age, or sexual orientation;
- Is likely to deceive any person acting reasonably under the circumstances;
- Impersonates any person; or
- Involves commercial activities or sales.
Consolidated requests that any user who believes that a violation of this AUP, any of the Terms and Conditions, Privacy Policy, or any other Consolidated policy or terms has taken place should report the alleged violation to the Consolidated promptly. Such report shall be sent to privacy@consolidatedcredit.org. The following information should be included:
- Name of alleged violator(s);
- Date and time (including time zone) of the alleged violation(s);
- The IP address(es) used to commit the alleged violation(s);
- Description of alleged violation(s);
- Evidence of the alleged violation(s) (including screenshots and videos); and
- 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 privacy@consolidatedcredit.org.
V. CONSOLIDATED CLIENT PORTAL AND MOBILE APP
Consolidated Credit has developed a client Portal and mobile App.
- Members Portal.
- General Access. Consolidated has established a Portal to provide clients with a secured way to access their account information and take certain actions associated with their Consolidated debt management program. The member Portal is a locked portal requiring a unique username (which is assigned to you by Consolidated) and unique password which you can set up upon registering with Consolidated. You are required to maintain the username and password confidential and protect from unauthorized access of Portal. You understand and agree that Portal access may be suspended or terminated at any time should Consolidated determines that you have violated this Agreement, the AUP, or Consolidated’s Privacy Policy or any rules and regulations that may be adopted by Consolidated from time to time.
- Portal Services and Use of Portal. The portal provides you with access to your client account, and the ability to take certain action regarding your Consolidated client account. You acknowledge and agree that Consolidated Credit may rely on all actions you take on the Members Portal and instructions you provide Consolidated. If you authorize or give another person access to your Members Portal, Consolidated does not have the ability to determine it was not your action, and will presume that you have authorized these actions as you should be the sole person with access to your account. You understand and agree that Consolidated shall not be liable for improper instructions by you, or self-serve actions that will impact your services or debt management program with Consolidated. All information provided in the Members Portal shall be subject to Consolidated’s Privacy Policy. You further agree that you will only use the Members Portal for purpose of obtaining or providing information, instructions, or take actions regarding your Consolidated account, and for no other purpose. Actions initiated through the Portal may be irrevocable once submitted and may have significant consequences, including but not limited to: missed negotiations, returned payments, loss of accrued program benefits, and additional fees. Consolidated is not liable for any consequences resulting from actions you initiate, authorize, or fail to take through the Members Portal. You are strictly prohibited from using the Members Portal for any illegal purpose or for actions that are contrary to this Agreement.
- Portal services. Some of the services available to you through the portal include:
- Review your program documentations, and file;
- Review status of your creditors’ accounts, your payments, balances, and other information related to the debt management program;
- Give certain instructions to Consolidated regarding your account, including: scheduling payment, changing upcoming payment dates, and other account features that may be added from time to time;
- Give the client access to certain financial education materials; and
- Any other features that Consolidated may provide from time to time.
- No Liability for Portal Failures. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PORTAL AND ALL CONTENT, DATA, CALCULATIONS, TOOLS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. In addition, Consolidated does not warrant the uptime or availability of the portal and is not responsible for any failures of the portal resulting from any glitches, bugs, internet failure, hosting services issues, and other failures beyond the control of Consolidated.
- Portal Availability Maintenance and Interruption. Consolidated may, at any time and without notice: (a) modify, suspend, or discontinue the Portal or any feature; (b) perform scheduled or emergency maintenance; or (c) impose limits on certain features or restrict access to parts or all of the Portal. The Company Parties shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Portal.
- Electronic Communications and Records. By using the Portal, you consent to receive communications, disclosures, notices, and records from the Consolidated in electronic form, including through the Portal’s messaging features and the email address on file. You agree that electronic communications satisfy any legal requirement that such communications be in writing, to the extent permitted by law. You may withdraw this consent by contacting Consolidated via email to Compliance@consolidatedcredit.org, though doing so may limit your ability to use the Portal.
- Mobile App.
- In addition to the Members Portal, Consolidated has established a mobile App to provide clients with a secured way to access their account with Consolidated through the mobile phone, just as they can access their account through the Members Portal. By registering for the use of the App, you agree to abide by the Terms of this Agreement including arbitration, and this Mobile App provision. The mobile App uses a single sign one method, meaning that your same user name and password for the Members’ Portal will serve as your login information for the App. Please ensure to protect your logging information and password in a secure manner.
- You agree that all actions taken through the mobile App shall be deemed actions authorized by you. You further agree that you will install the App only on your mobile device, and will make use of the App for your own use only. If you lose access to your phone, and believe that your username and password have been compromised you are to immediately to let Consolidated know and act through the Consolidated Members’ Portal to change the password.
- You understand that if your phone does not meet the necessary requirements of the App, you may not be able to use the App on your phone. You also acknowledge and agree that Consolidated is not responsible for any issues arising out of your use of the app store (e.g., Apple App Store or Google Play), and developer will not be responsible for any information the app store may collect from you. Downloading or using the App will require data to be transmitted and data rates may apply in accordance with your mobile phone plan. We have no control over such data costs and will not be liable for any said data costs.
- By using the App, you acknowledge and agree that you will only use it for purposes of communicating with Consolidated and having access to your account information. You are prohibited from making use of the App for any illegal matter or for any purpose not connected with your client account with Consolidated. Consolidated is not responsible for any inability to use the app, or incompatibility with your device, or any downtime of which the App may be unavailable.
- The App has the ability to send you with Push Notifications of important events and communications regarding your Consolidated program and services. Push Notifications are an important method of communications with you regarding your program and/or important notices and service updates relating to your account. Although not required, Consolidated highly recommend enabling Push Notifications on your device upon installing the App. In order to receive Push Notifications, you are required to actively “Enable” the Push Notification on your device. By enabling Push Notifications on your device, you acknowledge and agree that you may receive automated messages through the App directly to your phone concerning your program, your account, document requirements, approval requirements, and any other notification that are deemed important to your program. Depending on your device’s operating system you may be able to temporarily silence Push Notifications, or you may choose to disable Push Notifications altogether through your device.
- You understand that Consolidated may update the App from time to time and add or remove features, or subject the App to additional terms governing the App. You agree that any such actions to modify the App or the Terms of the App shall be made in the sole and exclusive decision of Consolidated. Furthermore, by using the App you agree that any dispute arising out of, or relating to the use of, the App shall be subject to the Arbitration of Dispute provision in this Agreement.
VI. AUTOMATED DECISION-MAKING FEATURES.
Consolidated’s Virtual Intelligent Counselor (“VIC”): The VIC is a Consolidated proprietary tool developed exclusively for Consolidated which analyzes your financial situation by asking you simple questions regarding your finances, debt, and household situation including but not limited to: your full legal name, address, phone number, social security number, approval to obtain your credit report and access your credit information, current finances, and other relevant information regarding your debt and financial situation, as well as your household information. You understand and agree that the results of the VIC will depend on the truthfulness of the information provided by you. Based on the information provided the VIC may provide you with analysis regarding your financial being, provide you with certain comparative insights, and determine your eligibility for certain services or programs. You understand that the VIC may use third party sources and/or AI generated information in providing comparative analysis and insights regarding your financial situations. You understand that the information gathered from third party sources and/or AI generated are provided AS-IS with all faults, and that Consolidated does not warrant the correctness, completeness, or truthfulness of the information that is provided by any third-party sources and/or AI generated information which appears on the VIC. You agree that the information you enter in the VIC belongs to you, or that you are authorized to provide it on behalf of the individual to whom it belongs. You understand that misrepresenting your identity or impersonating the identity of another, of completing the information of another without their consent is a fraudulent and/or may be deemed subject to in violation of applicable civil and criminal laws, which may lead Consolidated to report your conduct to the authorities and take legal action against you. You therefore warrant that the information you provide is accurate, truthful, and belongs to you or your household. You understand and agree that Consolidated will rely on the information provided and is not responsible for any results that are incorrect or incomplete due to your responses to the VIC questions. You further acknowledge that you are inputting information that may be deemed PII or SPI, and you should do so on secured networks in order to avoid any unauthorized disclosure of information. Consolidated is not responsible if as a result of your use of unsecured networks your information is leaked or otherwise captured by unauthorized third parties.
VII. 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:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- 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.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- 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.
- 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.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- 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.
VIII. 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.
IX. 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 privacy@consolidatedcredit.org, 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.
X. 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.
XI. GENERAL / MISCELLANEOUS TERMS
- 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.
- 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.
- 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.
- 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.
- 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.
XII. 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).
XIII. 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.
XIV. 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, registration, access, or use of the Portal, registration, access, or use of the App, client services, 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:
- 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.
- 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.
- 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.
- Filling with JAMS. If you choose to file with JAMS, you may download or copy the form to initiate arbitration from the following website: 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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 admin@consolidatedcredit.org. 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.
- 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.
- 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.
XV. 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 admin@consolidatedcredit.org, 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.
XVI. 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.
XVII. 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:
- 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;
- identification of the copyrighted work(s) claimed to have been infringed, including copyright date;
- 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;
- information reasonably sufficient to allow us to contact you, such as a physical address, telephone number and an email address;
- 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
- 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: privacy@consolidatedcredit.org
XVIII. CONTACT INFORMATION:
Consolidated Credit
5701 W. Sunrise Blvd.
Plantation, FL 33313
Email: Privacy@consolidatedcredit.org
Phone: 1-888-673-5974
PLEASE PRINT AND RETAIN A COPY OF THESE TERMS AND CONDITIONS FOR YOUR RECORDS.
