Terms of Service

Last Updated: July 7, 2023

IMPORTANT NOTICE: THESE TERMS OF SERVICE CONTAIN A BINDING ARBITRATION PROVISION AND WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTIONS 17 AND 18 BELOW. PLEASE READ CAREFULLY.

YOU ACKNOWLEDGE AND AGREE THAT DEBT DEFEND IS NOT A LAW FIRM, CREDIT REPAIR ORGANIZATION OR DEBT RELIEF SERVICE PROVIDER, AND THAT WE DO NOT PROVIDE LEGAL ADVICE, OFFER CREDIT REPAIR OR DEBT RELIEF SERVICES.

These Terms of Service (“Terms”) apply to your access to and use of the websites, applications and other online products and services (collectively, our “Services”) provided by “Debt Defend LLC” or “Debt Defend” or “we”). By clicking to agree to these Terms or by otherwise using the Services, you agree to these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 27, you should not, and are not authorized to access or use our Services.

If you have any questions or concerns about these Terms or our Services, please contact us at support @debtdefend.com. Please refer to our Privacy Policy (https://www.DebtDefend.com/privacy) for information about how we collect, use and disclose information about you.

If, prior to using Debt Defend you believe that Debt Defend gave you any legal advice, opinion or recommendation about your legal rights, remedies, defenses, options, selection of forms or strategies, you agree not to proceed with using Debt Defend, and any use of Debt Defend that you do make will be null and void.

YOU UNDERSTAND THAT THE DEBT DEFEND REVIEW OF YOU ANSWERS IS LIMITED TO COMPLETENESS, SPELLING, AND FOR INTERNAL CONSISTENCY OF NAMES, ADDRESSES, AND THE LIKE. YOU AGREE TO READ THE FINAL DOCUMENT(S) BEFORE SIGNING IT, WHERE APPLICABLE, AND AGREE TO BE SOLELY RESPONSIBLE FOR THE FINAL DOCUMENT(S).

In addition to these Terms, we may ask you to accept additional terms that apply to specific features, products or services provided by Debt Defend. To the extent any additional terms conflict with these Terms, the additional terms govern with respect to your access to or use of the applicable feature, product or service.

Overview of Our Services

You are permitted to use the Services to create, prepare and execute an answer to a complaint (the “Answer”).

Debt Defend Provides No Legal Advice

You agree that Debt Defend is not a law firm or an attorney, and may not perform services performed by an attorney or provide legal advice or guidance. No attorney-client relationship or privilege is created between you and Debt Defend. Instead you are representing yourself in any legal matter you undertake, including any legal matter relating in any manner to your use of the Services. Neither Debt Defend nor the Services are intended to provide legal advice.
You are solely responsible and liable for any and all legal decisions you make regardless of whether you use the Services to assist you in making such decisions. You waive all claims against Debt Defend for any loss or damage that may occur because of your legal decisions and you agree that Debt Defend shall not be liable for any such losses or damages. Debt Defend is not responsible for any lawsuit outcomes.
If, prior to my purchase, I believe that Debt Defend gave me any legal advice, opinion or recommendation about my legal rights, remedies, defenses, options, selection of forms or strategies, I will not proceed with this purchase, and any purchase that I do make will be null and void.

Debt Defend Is Not a Debt Relief Service

You agree that Debt Defend is not a debt relief service and may not perform services performed by a debt relief service. Debt relief service includes but is not limited to debt settlement, debt negotiation, credit counseling, prorating, or debt management.

Eligibility

You represent and warrant that you: (a) are at least 18 years old; (b) have not previously been suspended or removed from using our Services; (c) have full power and authority to enter into these Terms and in doing so will not violate any other agreement to which you are a party; (d) are not a national or resident of any country to which the United States has embargoed goods or services; (e) have not been identified as a “Specially Designated National” by the Office of Foreign Assets Control; (f) have not been placed on the U.S. Commerce Department’s Denied Persons List; (g) will not use our Services outside the United States and (h) do not and will not have more than one account on the Services.
If you are using the Services on behalf of an entity, (a) you represent and warrant that you are authorized to bind that entity to these Terms, (b) that entity agrees to be responsible for you and any other user that accesses the Services on its behalf, including for your and their compliance with these Terms, and (c) all references to "you" will refer to you and that entity, jointly.

User Accounts and Account Security

You will need to register for an account to access some or all of our Services. You agree to provide accurate account information and promptly update this information if it changes. You also agree to maintain the security of your credentials and account and promptly notify us if you discover or suspect that someone has accessed your account without your authorization. Your username and password are personal to you and may not be shared with any third parties. You are responsible for all activities that occur regarding your credentials or otherwise under your account.

Answer

If you prepare an Answer using the Services, the following terms and conditions apply:
Any documents provided by Debt Defend or used by Debt Defend in connection with the Services (including the Answer) are not a substitute for the advice or services of an attorney. You authorize us to create your Answer via the Services using the information you provide via the Services. We will create your Answer; however, you agree that you are solely responsible for (a) the information you provide, (b) reviewing the Answer, and (c) ensuring you agree with the Answer before you sign it. You agree that you are also solely responsible for independently determining whether the Answer and filing instructions provided by Debt Defend comply with the laws, regulations and rules of your applicable jurisdiction.
The requirements for preparing an Answer vary depending on local, state and federal laws, regulations, and the court’s interpretation in your jurisdiction. We cannot guarantee that all of the information provided by Debt Defend is completely current or correct. Because of changes in the law, variations between and within jurisdictions, and different interpretations of the law, you should consult with a licensed attorney in your jurisdiction regarding the applicability of the Services or the Answer prepared by Debt Defend to your particular circumstances.
For our “Premium” package, a third-party, independent contract attorney review is involved, but no attorney-client relationship is formed between Debt Defend and any user as a result of the attorney’s involvement, as Debt Defend does not provide legal advice. For North Carolina users, the contact information for the attorney reviewer will be provided upon written request.
For our “Standard” and “Premium” packages Debt Defend may mail your Answer to the appropriate court and to the plaintiff’s attorney in your lawsuit. Debt Defend is not a process server.

Debt Defend

If you use Debt Defend, one of the Services, the following terms and conditions apply:
You agree that Debt Defend is not a debt relief service. Instead, you are using Debt Defend to settle your debt on your own. You are representing yourself in any legal matter you undertake.
You are solely responsible and liable for any and all legal decisions you make regardless of whether you use the Services to assist you in making such decisions. You waive all claims against Debt Defend for, any loss or damage that may occur because of your legal decisions and you agree that Debt Defend shall not be liable for any such losses or damages. Debt Defend is not responsible for any settlement outcomes. You are responsible for reviewing and understanding any settlement agreement you agree to.
Debt Defend charges you a fee for using our software, if the debt collector agrees to a settlement. This fee ranges from 10 percent to 30 percent of the total amount of the debt (“Debt Defend Fee”). This is not a settlement fee.

Additional Debt Defend Terms. You understand that your purchase may be subject to additional terms and conditions. If applicable, you acknowledge that you have read and agree to the supplemental terms, which are incorporated herein by reference.

Future Products and Services. If you choose to add a product or service to your order subsequent to this initial purchase, these Terms of Service will apply to that additional product or service purchase as well.

Filing Fees. Except as otherwise noted, filing and recording fees may include all mandatory or applicable federal, state, county and local administrative fees, name reservation fees, initial reports, publication notices, capitalization fees, franchise tax fees, expedite fees, certified copy fees, walk-in fees, courier fees and other transactional fees incurred on your behalf by Debt Defend.

Reviews. After your purchase, you may receive an email survey request from Debt Defend. You may also write a review of our Services. If you complete the survey or submit a review, your opinions may be posted, in whole or in part, on our website or used in marketing material. The review may be accompanied by limited identifying information, such as your first name and last initial, the product you purchased, your gender, city and/or state, and age range.

You agree to the following legal disclaimer:

Debt Defend is an online provider of legal “fill in the blank” forms and general legal information. Debt Defend is not a law firm and we do not provide legal advice or represent you in any way. We do not provide debt relief or debt settlement services. We provide self-help forms for consumers to negotiate the settlement of their debts.
By using this web app or our legal forms, you are not accessing attorney services or legal advice. Debt Defend's services, including our web app, our legal forms, and any information we provide, are not a substitute for the advice of an attorney.
By using this web app or our legal forms, you are not establishing an attorney-client relationship with Debt Defend or any of its employees. Debt Defend makes no guarantee or representation that information provided to Debt Defend is protected by attorney-client privilege or as work product.
In accessing this web app, the user represents that it has provided accurate and truthful information in completing a form and the user assumes all responsibility to provide correct and up-to-date information. Inaccuracies in information provided by the user could affect the validity or enforceability of the documents generated by the web app. You will read any and all Debt Defend documents that you download and print prior to signing them. You take sole responsibility for the accuracy of your personal information contained in Debt Defend documents that you sign.
Each person’s legal situation is different and complex situations may require legal advice and representation. It is not possible for the web app to identify all situations in which legal representation is recommended, necessary or desirable. We do not review your documents or any information you input for accuracy or legal sufficiency, draw legal conclusions, provide legal advice or apply the law to the facts of your particular situation.
Each user has the obligation to make his or her own determination as to whether to seek the advice of a lawyer.
Different states have different rules that may affect the enforceability or validity of answers, and each state’s laws may change over time. Debt Defend cannot ensure that the documents generated through use of the web app will be enforceable or valid in all states or in every instance. Each user assumes the responsibility to seek legal review of their documents. For Debt Defend services subject to the state of North Carolina, Debt Defend does not disclaim any warranties or liability and does not limit the recovery of damages or other remedies by the user.

Third Party Services and Products

The Services may contain links to third party websites and materials and we may make recommendations or send you offers for certain third party services, products and materials that we think may be interesting to you based on information provided by you (e.g. we may recommend financial planning services for you based on your specific preferences). However, these links, recommendations and offers are provided as a convenience and we are not liable for any websites, products, services, materials or information made available by any third party. If you choose to purchase any third party products or services, you are solely responsible for your purchasing decisions and if you choose to visit any third party websites, you may be subject to additional or different terms and conditions and privacy policies.

Account Information

You may sync third party accounts with the Services in order to permit Debt Defend to retrieve your information that is maintained online by such third parties (“Account Information”). By using the Services, you authorize Debt Defend to access your Account Information, on your behalf as your agent, and you authorize such third parties to disclose your information to us. When you provide Account Information through the Services, you will be directly connected to the website for the third party you have identified. Debt Defend will submit information including usernames and passwords that you provide to log into the Services. You hereby authorize and permit Debt Defend to use information submitted by you to accomplish the foregoing and to configure the Services so that they are compatible with the third party sites for which you submit your information. Solely to provide the Account Information to you as part of the Services, you grant Debt Defend a limited power of attorney, and appoint Debt Defend as your attorney-in-fact and agent, to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. You acknowledge and agree that when Debt Defend is accessing and retrieving Account Information from third party sites, Debt Defend is acting as your agent, and not as the agent of or on behalf of the third party that operates the third party site. You understand and agree that any third party accounts and sites are not provided by Debt Defend and Debt Defend is not responsible for any Services-related issues arising from or in connection with such third party accounts or your Account Information. You agree to keep your Account Information up-to-date and accurate.

User Content

In order to use certain aspects of the Services, the Services may allow you to provide, create, post, store, submit, upload, and share (a) certain personal information about yourself, including your name, state of residency, financial information, and other details about yourself and your Contacts, (b) Account Information, (c) legal documents pertaining to your lawsuit or other lawsuits, and (c) other information, material, content, profiles, documents, lists, messages, and photos. The content described in clauses (a), (b), (d), and (c) of the previous sentence are collectively, "User Content". As between you and Debt Defend, you retain all rights in and to your User Content, subject to the license grant below.
You grant Debt Defend and its affiliates a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name or username provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you, but solely as necessary for Debt Defend to provide the Services to you. When you post, upload, submit or otherwise share User Content on or through our Services, you understand that your User Content may be displayed publicly and shared, including with your Contacts and any other person or entity who you designate via the Services.
You represent and warrant that you have the rights to provide us the User Content and that we have the rights to use such User Content as described in these Terms. You agree not to create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.

Prohibited Conduct and Content

You agree not to violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Services. Without limiting the foregoing, you agree not to:
engage in any harassing, threatening, intimidating, predatory or stalking conduct;
use or attempt to use another user’s account without authorization from that user and Debt Defend;
use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;
develop or use any third-party applications that interact with our Services without our prior written consent;
use any data mining, robots or similar data gathering or extraction methods; or
use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
You agree that you will only post or otherwise share User Content that is non-confidential and that you have all necessary rights to disclose. You agree not to create, post, store or share any User Content that:
is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
impersonates, or misrepresents your affiliation with, any person or entity;
contains any unsolicited promotions, political campaigning, advertising or solicitations;
contains any private or personal information of a third party without such third party’s consent;
contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Services, or that may expose Debt Defend or others to any harm or liability of any type.

Abandoned Orders

Your purchase allows you to create your own legal documents. You understand that, other than as required by applicable law, you shall have no right to cancel, request a cash refund or obtain store credit for any undelivered order after 120 days have elapsed from the purchase date unless Debt Defend is at fault. All itemization of fees are displayed for convenience only. Delivered orders shall be governed by the Debt Defend Satisfaction Guarantee. Both parties acknowledge that Debt Defend is out of pocket time and money for undertaking the work and both parties fully intend to complete the order. Abandoned orders will result in liquidated damages equal to the amount paid to Debt Defend for reimbursement of our commitment to service this order.

Limited License

Our Subject to the Terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Website in accordance with the Terms of this Agreement. We reserve all rights not expressly granted herein, in the Website and associated content. We may terminate this license at any time for any reason or no reason.
All rights, title, and interest in and to the use of the Website not expressly granted in this Agreement are reserved by us. Creative content, the Website, and our software, title, trade name, trademark, service mark, logo, domain name and/or any other identification with notable brand features are protected under applicable copyrights, trademarks, and other proprietary rights of Debt Defend. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Website and associated content are retained by us.

California Consumer Notice

Any Under California Civil Code Section 1789.3, California website users are entitled to know that they may file grievances and complaints with the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 400 R Street, Suite 1080, Sacramento, CA 95814, by telephone at (916) 445-1254 or (800) 952-5210, or by e-mail at dca@dca.ca.gov.

Consent to Receive Communications via E-mail, Telephone Calls and/or SMS Messaging

When you submit your information on our Website, you must agree to our Privacy Policy, and Terms of Service. By submitting your information, you are giving your express consent to receive promotional and advertising materials from us, our network of lenders, debt relief service providers, and third-party marketers with whom we may share your information. They may also provide information to you about additional services and/or products. You further understand and agree that all communications, whether to assist you in obtaining the loan or debt relief you requested, or for promotional purposes or otherwise, may be through direct mail, e-mail (at the e-mail address you provided) and/or by telephone/mobile device (at the number(s) you provided) regardless of whether your e-mail address and/or numbers may be listed on a corporate, state, or federal Do-Not-Contact registry, suppression list, or the like. With your prior written express consent, you agree to receive marketing offers via automated calls/texts to the telephone number you provided pursuant to our TCPA Agreement.
To opt-out of receiving such marketing materials and/or communications, you may request to be removed by using the relevant opt-out mechanism in such communications or by contacting the third party directly. We are not responsible for any promotional and advertising materials sent to you by the lender and other marketers and have no control over stopping unwanted communications directed to you from sources beyond our direct control. You will need to contact our Network Partner and/or the sender of the communication directly to remove your name and/or contact information from their list of recipients.
Network Partners may also be required by law to provide you with certain Disclosures and Communications. These Network Partners must obtain your consent in order to provide you with Disclosures and Communications electronically. By submitting a request on or through this Website, you affirmatively consent and agree to receive all Disclosures and Communications required by law electronically in accordance with the terms of our E-Consent.

Electronic Communication

By creating a Debt Defend account, you consent to receive communications from Debt Defend (e.g., via telephone, email, and other electronic communications, or by posting notices to the website). These communications may include notices about your account (e.g., password changes and other transactional information), as well as communications provided as part of the Services or for marketing purposes, and are part of your relationship with us. You consent to being provided with any notices, disclosures, information, and other materials in electronic form (collectively "Electronic Records"), rather than in paper form in accordance with The Electronic Signatures in Global and National Commerce Act ("E-Sign"). Your consent to receive Electronic Records applies to all notices, disclosures, documents, records or other materials of any kind that Debt Defend may be required to provide to you. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You further understand that checking a box, clicking “accept” (or similar word) on our website, or responding via telephone keypress constitutes your signature. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. You may wish to print out all Electronic Records and keep them for your records. If you have any trouble printing out, downloading, and/or accessing any Electronic Records, you may contact us at support @debtdefend.com. In order for you to access and retain Electronic Records sent by Debt Defend, you must have the following hardware and software: a computer capable of reading html and text files, a modem or other means of accessing the Internet, and a browser capable of accessing and displaying the Debt Defend website. To print the Electronic Records, you will also need a printer. You may withdraw your consent by contacting us at support @debtdefend.com. However, the services provided by Debt Defend are only available if you agree to receive Electronic Records, and you understand that withdrawing such consent may result in your account being closed.

Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Debt Defend, each of our subsidiaries and affiliates, or our licensors and Partners and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “Debt Defend Parties”) from and against any loss, liability, claim, demand, damages, fines and any related expenses or costs ("Claims") arising out of or related to (a) your access to or use of our Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); (e) your conduct in connection with our Services; or (f) any violation by you of any federal, state, or local laws, statutes, rules, or regulations. You agree to promptly notify the Debt Defend Parties of any third party Claims, cooperate with the Debt Defend Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees, costs and expenses). You also agree that the Debt Defend Parties will have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Debt Defend or the other Debt Defend Parties.

Disclaimers

We do not control, endorse or take responsibility for any User Content, third-party content available on or linked to our Services or products or services offered by a third party that are advertised through the Services (including any Insurance Policies).
Your use of our Services is at your sole risk. Our Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Debt Defend does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While Debt Defend attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services. Additionally, you acknowledge that information you store or transfer through our Services may become irretrievably lost or corrupted or temporarily unavailable due to a variety of causes, including software failures, protocol changes by third party providers, internet outages, force majeure events or other disasters, scheduled or unscheduled maintenance, or other causes either within or outside our control. You are solely responsible for backing up and maintaining duplicate copies of any information you store or transfer through our Services.

Limitation of Liability

To the maximum extent permitted by applicable law, Debt Defend and the other Debt Defend Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if Debt Defend or the other Debt Defend Parties have been advised of the possibility of such damages.
The total liability of Debt Defend and the other Debt Defend Parties, for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of the amount paid, if any, by you to access or use our Services, or, if you have not paid any amounts for the use of any Services, the amount of $100.
The limitations set forth in this Section (a) will apply even if the remedies otherwise provided under these Terms, at law or in equity, fail of their essential purpose, and regardless of the form or cause of action or the alleged basis of the claim, and (b) will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Debt Defend or the other Debt Defend Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

Release

To the fullest extent permitted by applicable law, you release Debt Defend and the other Debt Defend Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under any statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

Transfer and Processing Data

By accessing or using our Services, you consent to the processing, transfer and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under local law.

Dispute Resolution; Binding Arbitration

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Debt Defend and limits the manner in which you can seek relief from us.
Except for small claims disputes in which you or Debt Defend seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Debt Defend seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Debt Defend waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, all disputes arising out of or relating to these Terms or our Services will be resolved through confidential binding arbitration held in Salt Lake City, Utah in accordance with the Streamlined Arbitration Rules and Procedures ("Rules") of the Judicial Arbitration and Mediation Services ("JAMS"), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
You and Debt Defend agree that any dispute arising out of or related to these Terms or our Services is personal to you and Debt Defend and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
You and Debt Defend agree that these Terms affect interstate commerce and that the enforceability of this Section 21 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and Debt Defend agree that for any arbitration you initiate, you will pay the filing fee and Debt Defend will pay the remaining JAMS fees and costs. For any arbitration initiated by Debt Defend, Debt Defend will pay all JAMS fees and costs. You and Debt Defend agree that the state or federal courts of the State of Washington and the United States sitting in Seattle, Washington have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Debt Defend will not have the right to assert the claim.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 21 by emailing contact@DebtDefend.com. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 22.

Governing Law and Venue

These Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of Delaware, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Virginia and the United States, respectively, sitting in Fairfax County or the City of Alexandria, respectively.

Changes to these Terms

We may make changes to these Terms from time to time. If we make changes, we will provide you notice by posting the amended Terms to our Services and updating the “Last Updated” date above. We may also attempt to notify you by sending an email notification to the address associated with your account or by providing notice through our Services. Unless we say otherwise in our notice of changes, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.

Access to World Wide Web; Internet Delays. To use Debt Defend services, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. You are responsible for providing all equipment necessary to make such connection to the World Wide Web, including a computer and Internet access. Access to certain Debt Defend services may be limited or delayed based on problems inherent in the use of Internet and electronic communications. You understand that Debt Defend is not responsible for delays, delivery failures, or other damage resulting from such problems.

Right to refuse. You acknowledge that Debt Defend reserves the right to refuse service to anyone.

You acknowledge that Debt Defend is not a registered or bonded legal document assistant under California Business and Profession Code, sections 6400 et seq.

Termination

We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services at any time. Without limiting the foregoing, we may, in our sole discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.

Severability

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

Export Compliance

The Services are only intended for use by persons located in the United States. If you choose to access the Services from outside the United States, you do so at your own risk and you are responsible for compliance with all local laws. Additionally, all or part of our Services may be subject to U.S. export control and economic sanctions laws (“Export Controls”). You agree to abide by all Export Controls as they relate to your access and use of our Services.

Miscellaneous

These Terms constitute the entire agreement between you and Debt Defend relating to your access to and use of our Services. The failure of Debt Defend to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.

Exceptions for Services subject to North Carolina law

For Services subject to North Carolina law, we do not disclaim any warranties or liability and do not limit the recovery of damages or other remedies by users, including any such disclaimers or limitations contained in §§ 2.2, 6.3, 7.3, 12.8, 24 (Disclaimers), 25 (Limitation of Liability), and 26 (Release).
For Services subject to North Carolina law, all disputes arising out of or relating to these Terms or our Services will be resolved through confidential binding arbitration held in North Carolina. No other section shall be read to conflict with this section.
All provisions of these Terms that are not in conflict with this § 38 remain in full force and effect.