CONSUMER/CLIENT PRIVACY POLICY
Last Updated: July 24, 2023
We at Consolidated Credit (Consolidated) respect your privacy and your desire to keep personal and financial information private. This Privacy Policy is intended to allow you to understand what information we may collect from you, how we may use it, and what safeguards we have in place to protect it. This Privacy Policy governs the privacy policies and processes relating to our website, as well as to our client services.
In connection with a request for our credit counseling services, you may be required to provide us with certain non-public personal identifiable information (“PII”) and non-public personal financial information (“PFI”). As part of this process you understand and agree that it may be necessary to share certain PII and PFI with your creditors as part of the credit counseling services. Consolidated does not share your PII and PFI with any non-affiliated third parties other than those who help us in providing assistance to you, and they are required to maintain it in strict confidence. We do not sell your PII or PFI to any outside marketer. We maintain practices and procedures designed to ensure the security, integrity, and confidentiality of your PII and PFI. Some these practices and procedures include: (i) requiring all of our employees to execute non-disclosure and confidentiality agreements; (ii) we educate and train our employees about safeguarding client PII and PFI in order to prevent unauthorized access, disclosure, or use; (iii) we limit employee access to client PII and PFI to those preforming necessary functions in assisting clients, such as yourself, during the credit counseling process. We may collect other Information which is defined as any information other than Personal Information that does not reveal your specific identity or does not directly relate to an individual, such as browser information, information collected through cookies, pixel tags and other technologies, demographic information, aggregated and de-identified data.
We may collect non-public PII and PFI about you from the following sources:
Who has access to your information? All our employees and service agents are required to maintain confidentiality of any PII or PFI that they are given access to as part of their employment. Despite all of our employees and service agents having an obligation to maintain private your PII and PFI, not all employees or servicing agents are given access to your PII or PFI. Only those employees or servicing agents who might need to know your non-public PII or PFI in order to provide you with assistance during the credit consolidation process have access to such information.
Where is the information stored? All PII and PFI is stored on secured servers, which are constantly updated with the latest security protocols. We may also process and store your personally identifiable information on a server located outside of your jurisdiction. By providing your Personally Identifiable Information to us, you consent to the transfer of your information across national boundaries. If you do not consent to such transfer as well as the processing and storage of your personally identifiable information outside your jurisdiction, you should not provide such information to us.
In the course of the credit counseling process, and in order to assist you with your financial situation, we may be required to disclose certain PII and/or PFI on your behalf, including:
We may disclose non-public PII or PFI about you to your financial service provider such as banks, creditors, saving and loans, credit unions, mortgage bankers, finance companies, and credit card issuers. For the purpose of fulfilling our mission and providing you with certain services and to process your requests and payments, we may disclose your PII or PFI to one or more service providers or other third parties who are assisting us in performing such services, all of which are required to maintain such information private. Without limiting the foregoing, these third parties may provide us with data management, payment processing, and similar services. Additionally, in the event that you fail to complete a program you enroll in, information may be referred to a servicing agent to contact you to provide additional financial services that you may want to consider.
We also share non-personally identifiable information about our user base with our advertising affiliates who drive traffic to our website to help them identify and target our ideal customer. These affiliates do not use such information for their own direct marketing purposes and do not disclose the information to other third parties for marketing purposes.
You also understand that we may be required to disclose certain PII or PFI in response to a subpoena or court order, or when required by law or when we in good faith believe disclosure is required by law, or to enforce our agreement with the client, and any other terms and conditions or polices.
In addition, should we be unable to assist you we may, with your permission, transfer/transmit any data collected during your session with our counselors to another third party service provider, which may be able to provide you with certain debt relief services.
We may use non-public PII or PFI for the following purposes:
Some states have allowed consumer to request that any PII belonging to them be deleted. You understand that because Consolidated is required to maintain files for a certain period of time, it cannot upon request delete PII belonging to the client, which must be maintained by Consolidated to comply with regulatory requirements.
Websites, by their nature, collect certain information automatically from the users interacting with them. Consolidated Website is no different. In addition to any PII that users may provide through our website (e.g. name, address, phone number, basic financial information (if applicable), etc.), our website collects certain information automatically.
This section of the privacy policy will address clients and non-clients privacy terms when interacting with our website.
IP Address – An IP address is a unique address associated with your device or network. IP addresses are automatically logged along with the domain name which you are using at the time accessing our website. This information is logged and stored by Consolidated purely as a means of viewing website hits and traffic. Except as is discussed below in “Other technologies including pixel tags, web beacons, and clear GIFs,” this information is not given to, or shared with any third parties for any reason and is erased from our database on a regular basis. Your IP addresses are not used for any purpose other than those stated in this Privacy Policy.
Cookies – Cookies are small files that are downloaded by some websites to store a packet of information on your browser. Companies and organizations use cookies to remember your login or registration identification, site preferences, and pages viewed, so that the next time you visit a site, your stored information can automatically be pulled up for you. A cookie is obviously convenient but also presents potential security issues. You can configure your browser to alert you whenever a cookie is being sent. You can refuse to accept all cookies or erase all cookies saved on your browser. We use cookies as a means of identifying repeat visitors. Changing your web browser’s setup to “reject” cookies does not prevent a user from visiting any portion of our website.
Other technologies including pixel tags, web beacons, and clear GIFs - These may be used in connection with some website pages, downloadable mobile applications and HTML-formatted email messages to measure the effectiveness of our communications, the success of our marketing campaigns, to compile statistics about usage and response rates, for fraud detection and prevention, for security purposes, for advertising, and to assist us in resolving account holders’ questions regarding use of our website. You understand and agree that we may use third party pixel tags, web beacons and/or clear GIFs that may give access to third parties to your information, including your IP address and browsing activities on pages of our websites where these devices are placed. You understand that we do not control any information gathered by such devices or their use by such third parties. Please see our Advertising section below for more information regarding our use of other technologies.
Google Analytics- We use a tool called “Google Analytics” to collect information about use of this website. Google Analytics collects information such as how often users visit this website, what pages they visit when they do so, and what other sites they used prior to coming to this website. We use the information we get from Google Analytics only to improve this website. Google Analytics collects only the IP address assigned to you on the date you visit this website, rather than your name or other identifying information. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit this site, the cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to this website is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. You can prevent Google Analytics from recognizing you on return visits to this website by disabling cookies on your browser.
Third party widgets – We may allow certain widgets (e.g., social share buttons) on our websites that enable users to easily share information on another platform, such as a social media platform. The third parties that own these widgets may have access to information about your browsing on pages of our websites where these widgets are placed. You may wish to review information at the third party site, such as social media platforms where you have an account, to determine how these third parties collect and treat such information. Also, see Linking to other sites and Social media sites below.
Retargeting – As you browse consolidated credit, advertising cookies will be placed on your computer so that we can understand what you are interested in. Our display advertising partners, enable us to present you with retargeting advertising on other sites based on your previous interaction with consolidated credit. The techniques our partners employ do not collect personal information such as your name, email address, postal address or telephone number.
Google Interest Based Advertising Program – In order to enhance your experience when you visit our website, we participate in the Google Interest-based Advertising Program (“Program”) to ensure the advertisements on this website correspond to your interests. We do this by working with Google and other Program participants who, like us, place ads on our website and those of other Program Participants. We then share the information we collect using Web Cookies placed in your browser in order to provide you with targeted advertising when you visit the website. You may opt out of Google’s use of cookies by visiting the Google Advertising Opt-Out Page
Moreover, certain links to Facebooks are operated pursuant to their terms of service and privacy policy. Facebook owns and operates each of the companies listed below, in accordance with their respective terms of service and privacy policies. We may share information about you within the Facebook family of companies assist in advertising our services. For more information on the Facebook Companies’ privacy practices and how they treat individuals’ information, please visit the following links:
We use third-party web beacons from Yahoo! to help analyze where visitors go and what they do while visiting our website. Yahoo! may also use anonymous information about your visits to this and other websites to improve its products and services and provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by Yahoo! visit https://yahoo.mydashboard.oath.com/device/ to learn how to opt out of this service.
Member Portal – The Member Portal is a useful tool for our members who have enrolled in Consolidated’s debt management program. Members may choose to register into our portal which contain specific member information and allows the member to: (i) update personal details; (ii) access member’s accounts and manage the member’s creditor account information; (iii) track upcoming payments due on your account; and (iv) communicate with our customer service specialists. In order to register to the Member Portal you will need to register a Username and Password. This username and password is unique to you. DO NOT SHARE IT WITH ANYONE, UNLESS YOU SPECIFICALLY AGREE TO PROVIDE THEM WITH ACCESS TO YOUR ACCOUNT. Consolidated will not be responsible for unauthorized access by those whom you shared your account information with as it cannot validate that it was not you who accessed it. If you are logging into member portal from a public computer, or through a public wifi. Such connections may not be secured and may expose your financial information to others. If you choose to maintain your information private do not log in using public access points. If you believe you were subject to unauthorized use and your password has been breached, please reset your password immediately and let us know if there are unauthorized changes on your account. If you fail to let us know of any unauthorized action, we will presume you made and authorized the changes in your account. If you forget your password, you may use the Forget Password tool to retrieve or replace your password.
The website is not directed to individuals under the age of thirteen (13), and we request that these individuals do not provide Personal Information through the website. We do not knowingly collect information from children under 13 years of age without parental consent If you are a User under the age of 13, please do not send any Personal Information to us if we have not obtained prior consent from your parent or guardian. If we learn we have collected Personal Information from a User under the age of 13 without parental consent, or if we learn a User under the age of 13 has provided us Personal Information beyond what we request from him or her, we will delete that information as quickly as possible. If you believe that a User under the age of 13 may have provided Consolidated Personal Information in violation of this Privacy Policy, please contact us at our e-mail or physical mailing address listed in the “Contact Us” section below and we will take all reasonable efforts to remove the information. For more information about the Children’s Online Privacy Protection Act (COPPA), please visit the Federal Trade Commission website at https://www.ftc.gov/business-guidance/privacy-security/childrens-privacy.
Consolidated Credit provides experiences on social media platforms that enable online sharing and collaboration among users who have registered to use them. Any content you post on official Consolidated Credit managed social media pages, such as pictures, information, opinions, or any Personal Information that you make available to other participants on these social platforms, is subject to the Terms of Use and Privacy Policies of those respective platforms. Please refer to them to better understand your rights and obligations with regard to such content. In addition, please note that when visiting any official Consolidated Credit social media pages, you are also subject to Consolidated Credit‘s Privacy Notices.
Consolidated may make available a service through which you can receive financial guidance and account notification on your wireless device using short message service (“SMS Service”). One (1) message is sent per week. Consolidated collects certain data from you in connection with this SMS service which may include your name, address, cell phone number, your provider’s name, and the date, time, and content of your messages.
To use this service you must be at least 18 years of age and the owner or authorized user of the wireless device on which messages will be received. By agreeing to our SMS Service, you acknowledge that you are at least 18 years old, that you are either the owner or authorized user of the wireless devise, and that you understand and agree that this service may be subject to an additional fee (if applicable). In addition to any fee of which you are notified, your provider’s standard message and data rates may apply to our confirmation and all subsequent SMS correspondence. All charges are billed by and payable to your mobile service provider. Consolidated will not be liable for any delays in the receipt of any SMS messages, as delivery is subject to effective transmission from your network operator. SMS message services are provided on an AS IS basis.
We will use the information we obtain in connection with our SMS Service in accordance with this Privacy Policy. If fees are charged to your wireless account invoice, we may provide your carrier with your applicable information in connection therewith. Your wireless carrier and other service providers may also collect data about your wireless device usage, and their practices are governed by their own policies. Consolidated is not responsible for any information collect by your carrier. Please consult the carrier’s privacy policy.
You acknowledge and agree that the SMS Service is provided via wireless systems which use radios (and other means) to transmit communications over complex networks. You must have a two-way text-enables phone with compatible carrier and plan. Compatible major carriers include Alltel Wireless, AT&T, Boost Mobile, Nextel, Sprint, T-Mobile, Verizon Wireless and Virgin Mobile USA. We do not guarantee that your use of the SMS Service will be private or secure, and we are not liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the SMS Service. We may also access the content of your account and wireless account with your carrier for the purpose of identifying and resolving technical problems and service-related complaints.
By providing your phone number and/or joining our SMS Service, you authorize Consolidated to contact you (including using autodialers, automated text and pre-recorded messages) via your telephone, cellphone, mobile device (including SMS and MMS) and email, even if your telephone number is currently listed on any state, federal or company’s Do Not Call list. Standard phone and data charges will apply. Your consent to the above terms is not required as a condition of purchasing or receiving our services. You also consent to the recording and monitoring of all calls to and from us. You may opt out of receiving such phone calls or text messages to your mobile device at any time by emailing us your instructions at [email protected]. You may also opt-out and remove your authorization to receive SMS text messages by replying with “STOP”, “END”, “QUIT”, “UNSUBSCRIBE”, or “CANCEL” to any SMS you receive or by going to Members of Consolidated Credit.
At Consolidated, the security of your personal information is extremely important to us. We take commercially reasonable precautions to protect your personal information and only provide employees access to it on a need-to-know basis. In an effort to prevent the unauthorized access, disclosure, dissemination, misuse, loss, alteration or destruction of your personal information, we have employed commercially reasonable physical, electronic, and managerial measures to protect your data and we periodically review these policies and procedures to prevent these types of acts. However, despite our best efforts, no security policy, procedures or practices are adequate to protect against all types of threats or data losses and no type of data transmission method is impenetrable to interception.
When you provide your e-mail address on any form or as part of any request for information, you will be automatically enrolled in our e-mail newsletter, and agree to receive email communications. You can opt-out or unsubscribe from our newsletter or other e-mail list at any time by following the instructions at the end of the newsletter or e-mail you receive. Please allow at least ten (10) business days for changes to take effect. You understand that until the opt-out takes effect you may still receive some electronic communications or newsletters. Client service-related communications are an integral part of the services which you receive from us, and you may continue to receive such service-related emails even if you opt out of the newsletters or email list. If you have provided more than one e-mail address to us, you may continue to be contacted unless you request to unsubscribe each email address you have provided. You may also opt-out of receiving our newsletter or marketing emails by contacting us at unsubscribe or by replying to an existing email with your request to be removed from the mailing list or click here.
We reserve the right to change, modify, or amend our privacy policy and practices from time to time, and that we may do so by simply by posting a revised Privacy Policy on our Website www.consolidatedcreditsolutions.org. Any such change shall be effective immediately upon posting of the revised Privacy Policy on the website, and will apply to any PII or PFI in our possession at the time or as we may obtain as pard of the services in the future. We may provide you with an electronic link to the revised Privacy Policy, or if you have opted out of electronic communication you may receive a copy of the revised Privacy Policy by mail to your last known address. You should refer to this Privacy Policy on an ongoing basis so that you are aware of our current privacy practices.
If you have any question about our privacy policy and practices please contact us at (954) 377-9240. If you want to correct any personal information in our files, please submit a written request to us to: [email protected]. Thank you for choosing Consolidated to assist you in restoring your financial well-being.
Last updated: July 2023.
The Web Site consolidatedcredit.org is comprised of various Web pages operated by Consolidated Credit.
The Consolidated Web Site (or "Website") is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Consolidated Web Site constitutes your agreement to all such terms, conditions, and notices.
Consolidated reserves the right to change the terms, conditions, and notices under which the Consolidated Web Site is offered, including but not limited to the charges associated with the use of the Consolidated Web Site.
The Consolidated Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Consolidated and Consolidated is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Consolidated is not responsible for webcasting or any other form of transmission received from any Linked Site. Consolidated is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Consolidated of the site or any association with its operators.
As a condition of your use of the Consolidated Web Site, you warrant to Consolidated that you will not use the Consolidated Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Consolidated Web Site in any manner which could damage, disable, overburden, or impair the Consolidated Web Site or interfere with any other party's use and enjoyment of the Consolidated Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Consolidated Web Sites.
The Consolidated Web Site may contain bulletin board services, chat areas, news groups, forums, 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 particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Consolidated has no obligation to monitor the Communication Services. However, Consolidated reserves the right to 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 of the Communication Services at any time without notice for any reason whatsoever.
Consolidated reserves the right at all times 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, is Consolidated's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Consolidated does not control or endorse the content, messages or information found in any Communication Service and, therefore, Consolidated specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Consolidated spokespersons, and their views do not necessarily reflect those of Consolidated.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
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 Web Site 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 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.
No compensation will be paid with respect to the use of your Submission, as provided herein. 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 of 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.
a) Mobile Devices
By providing us with your name, email address and/or phone number, you expressly authorize us to contact you (including using autodialers, automated text and pre-recorded messages) via your telephone, cellphone, mobile device (including via Short Message Service ("SMS") or wireless internet ("WAP Service")) and email, even if your number is currently listed on any state, federal or company's Do Not Call list. Standard phone and data charges will apply. Your consent to the above terms is not required as a condition of purchasing or receiving our services. You also consent to the recording and monitoring of all calls to and from us. You represent you are the owner or authorized the user of the mobile device on which messages will be received, and that you are authorized to approve any applicable charges. You may opt out of receiving calls or messages to your telephone or mobile device at any time by notifying us. You may remove your information by replying with "STOP", "END", "QUIT", "UNSUBSCRIBE", or "CANCEL" to any SMS you receive or by emailing us at [email protected]. You may click the "Opt-out" link on the bottom of the email to unsubscribe to email correspondence. You may also call (888) 244-7181 for support.
Only United States residents may use the SMS or WAP Service.
b) Data Security
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 access the content of your account and the wireless account with your carrier for the purpose of identifying and resolving technical problems and service-related complaints.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE CONSOLIDATED WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CONSOLIDATED AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONSOLIDATED WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE CONSOLIDATED WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
CONSOLIDATED AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE CONSOLIDATED WEB SITE 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 SUPPLIERS 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 WEB SITE, WITH THE DELAY OR INABILITY TO USE THE CONSOLIDATED WEB SITE 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 WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE CONSOLIDATED WEB SITE, 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 WEB SITE.
SERVICE CONTACT: admin@consolidatedcredit .org
Consolidated reserves the right, in its sole discretion, to terminate your access to the Consolidated Web Site and the related services or any portion thereof at any time, without notice.
Governing Law, Jurisdiction, Venue. To the maximum extent permitted by law, this Agreement is governed by the laws of the State of Florida, U.S.A., without regards to any choice of law provisions. Should you properly opt out of Arbitration, you hereby consent to the exclusive jurisdiction and venue of courts in Broward County, Florida, U.S.A. in all disputes arising out of or relating to the use of the Website. If you did not opt out of Arbitration, please see the Arbitration provision below for the applicable law and jurisdiction governing your arbitration. You and we agree to submit to the personal jurisdiction of the courts located within Broward County, Florida for the purpose of litigating all such claims or disputes.
Relationship of the Parties. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Consolidated as a result of this Agreement or use of the Website.
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 Website or any information provided to or gathered by Consolidated with respect to such use. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
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 and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Consolidated with respect to the Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in 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. It is the express wish to the parties that this Agreement and all related documents be drawn up in English despite having these terms in translated to other languages.
We reserve the right to update, amend and/or change this Agreement at any time in our sole discretion and without notice. Updates to this Agreement will be posted here. Amendments will take effect immediately upon us posting the updated Agreement on our Services. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. The date on which this Agreement was last updated will be noted immediately above this Agreement. Your continued access and use of our Services following the posting of any such changes shall automatically be deemed your acceptance of all changes.
In the event of any controversy between you and Consolidated, including but not limited to any demand, claim, suit cross claim, counterclaim, or third-party complaint or dispute, whether contractual, statutory, in tort or otherwise (including but not limited to our designated servicers and any fulfillment provider working on your behalf) arising out of, or in any way relating, to our relationship, including but not limited to this Agreement, our Privacy Policy, Site Disclaimers, use of the Website, the information on the Website, any referral services provided by Consolidated, or the breach, termination, enforcement, interpretation, or validity of the Agreement or its performance, including any determination of the scope, enforcement or applicability of this provision to arbitrate, shall be resolved by binding arbitration in Broward County, Florida, or the nearest metropolitan area to the county in which you reside, or at such other location upon which the parties may agree upon. This provision to arbitrate is governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §1 et sec., which shall govern the interpretation and enforcement of our mutual agreement to arbitrate, and not by any state rule or statute governing arbitration and without respect to any state arbitration law. This agreement to arbitrate shall survive termination of the Agreement. The Parties agree to the following Arbitration Terms:
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.
Consolidated, and the Consolidated logo are trademarks, trade names or service marks of Consolidated, LLC or its related companies. All other trademarks and service marks are the property of their respective owners. You are not permitted to use any trademark or service mark displayed on this Site 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.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
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:
Consolidated's designated agent for the written notification of claims of copyright infringement can be contacted at the following address:
Designated Agent – Copyright Infringement Claims
Consolidated Credit
5701 W. Sunrise Blvd.
Plantation, FL 33313
Email: [email protected]