Last updated: December 14, 2022
Please read these terms of service before using our service.
2. Use License
Permission is granted to temporarily download one copy of the materials (information or software) on DebtHammer’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on DebtHammer’s website;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by DebtHammer at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on DebtHammer’s website are provided on an ‘as is’ basis. DebtHammer makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, DebtHammer does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site, and DebtHammer does not warrant or make any representations concerning the success of its services in stopping the collection or enforcement of any debts you may owe.
DebtHammer is NOT a law firm, and therefore, DebtHammer will only provide general information regarding debt related issues to you, subject to these terms and any other agreement executed between you and DebtHammer. Communication of information by, in, to or through this website and your receipt or use of it (1) does not create or constitute an attorney-client relationship, (2) is not intended as a solicitation, and (3) is not intended to convey or constitute legal advice. You should not act upon any such information without first seeking qualified professional counsel on your specific matter.
4. DebtHammer Communications, TCPA Consent, and Privacy
You agree to receive communications from DebtHammer or communications related to DebtHammer’s services at any of the phone numbers provided to DebtHammer by you or on your behalf, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from DebtHammer or its affiliated companies may include but are not limited to: operational communications concerning your account or use of the DebtHammer’s website or services, communications concerning marketing or promotions run by us or our third-party partners, and news concerning DebtHammer and industry developments. If you change or deactivate the phone number you provided to DebtHammer, you agree to update your account information to help prevent us from inadvertently communicating with anyone who acquires your old number. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.
Furthermore, notwithstanding any current or prior election to opt-in or opt-out of receiving telemarketing calls or SMS messages (including text messages) from Us, Our agents, representatives, affiliates, or anyone calling on Our behalf, You expressly consent to be contacted by Us, Our agents, representatives, affiliates, or anyone calling on Our behalf for any and all purposes arising out of or relating to Your loan and/or account, at any telephone number, or physical or electronic address You provide or at which You may be reached. You agree We may contact You in any way, including SMS messages (including text messages), calls using prerecorded messages or artificial voice, and calls and messages delivered using an auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by You or someone else. In the event that an agent or representative calls, he or she may also leave a message on Your answering machine, voice mail, or send one via text.
You consent to receive SMS messages (including text messages), calls and messages (including prerecorded and artificial voice and autodialed) from Us, Our agents, representatives, affiliates, or anyone calling on Our behalf at the specific number(s) You have provided to Us, or numbers we can reasonably associate with Your account (through skip trace, caller ID capture or other means), with information or questions about Your application, Program Debt Schedule and/or account. You certify, warrant, and represent that the telephone numbers that You have provided to Us are Your contact numbers. You represent that You are permitted to receive calls at each of the telephone numbers You have provided to Us. You agree to promptly alert Us whenever You stop using a particular telephone number. Your cellular or mobile telephone provider will charge You according to the type of plan You carry. You also agree that We may contact You by e-mail, using any email address You have provided to Us or that You provide to Us in the future. We may listen to and/or record phone calls between You and Our representatives without notice to You as permitted by applicable law. For example, We listen to and record calls for quality monitoring purposes.
IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS, YOU MAY TEXT “STOP” TO 512-991-5303 OR 512-900-7546 FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING DEBTHAMMER’S SERVICES.
In no event shall DebtHammer or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on DebtHammer’s website, even if DebtHammer or a DebtHammer authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
6. Accuracy of Materials
The materials appearing on DebtHammer’s website could include technical, typographical, or photographic errors. DebtHammer does not warrant that any of the materials on its website are accurate, complete or current. DebtHammer may make changes to the materials contained on its website at any time without notice. However, DebtHammer does not make any commitment to update the materials.
DebtHammer has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by DebtHammer of the site. Use of any such linked website is at the user’s own risk.
DebtHammer may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.
9. Dispute Resolution
9.1 Class Action Waiver; No Consolidation of Claims. To the extent permitted by applicable law, the parties hereby waive their rights to assert any claim as a plaintiff or class member in any purported class action. Further, unless both you and DebtHammer otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of collective action, private attorney general action, or other representative proceeding. This Paragraph 9 will survive any termination of this Agreement.
9.2 Arbitration. Except for collection efforts and enforcement of an arbitration order under this Paragraph 9, if the parties are unable to resolve any dispute related to this Agreement by direct negotiation, they shall resolve the dispute through binding arbitration in Austin, Texas, before a single arbitrator from the American Arbitration Association in accordance with its Commercial Arbitration Rules.
9.3 Choice of Law. This Agreement and any dispute related to this Agreement shall be governed by and interpreted in accordance with the laws of the State of Texas without regard to its conflict of laws provisions. If any litigation is validly instituted in connection with this Agreement, the parties hereby consent to the exclusive personal jurisdiction of the state and federal courts in Travis County, Texas and waive any objection as to venue or inconvenient forum.
9.4 Jury Trial. The parties hereby waive any right to a jury trial in connection with a dispute related to this Agreement.
9.5 Attorneys’ Fees. If any arbitration or legal proceeding is validly instituted to resolve a dispute or to enforce the terms of this Agreement, the prevailing party may recover its attorneys’ fees and other costs.
10. Contact Us
If you have any questions about these Terms of Service, you may contact us by email at [email protected].