Terms of Service

Agreement Between User and Card Member Services Financial Group

It is a legal agreement between you and Card Member Services Financial Group, also known as CMS Financial Group ("CMS Financial Group" or "we", "us", "our") that these Website Terms of Service (including any document incorporated by reference herein) for the CMS Financial Group websites, located at our domains and any other websites that may be owned and/or controlled by CMS Financial Group (collectively the "websites") that contain these Website Terms of Service (the "Terms of Service"), govern all aspects of your use of these websites.

Important Notice

PLEASE CAREFULLY READ THESE TERMS OF SERVICE. YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE BY REGISTERING FOR, ACCESSING, BROWSING, OR OTHERWISE USING THE WEBSITES. You should immediately stop using the websites if at any point you disagree with any of these terms and conditions.

Your legal rights are affected by these Terms of Service, including our agreement to arbitrate individual disputes rather than litigate them in court or with a jury.

1. Qualification and Eligibility

Those under the age of 18 and people who are not legitimate residents of the United States, whether by a visa or otherwise, are not eligible to purchase the goods and services offered through the websites.

YOU REPRESENT AND WARRANT TO US THAT YOU ARE AT LEAST 18 YEARS OLD AND A LEGAL RESIDENT OF THE UNITED STATES BY CLICKING ANY "SUBMIT" OR OTHER BUTTON OR BY ACCESSING, BROWSING, OR OTHERWISE USING THE WEBSITES.

2. Services and Information Sharing

This website serves as a platform where users may look up and seek debt relief services, look up various financing options, and look up other goods and services. You recognize and acknowledge that CMS Financial Group may need to share some of your information in order to connect you with particular suppliers of the goods and/or services you request.

By giving us your contact information, you expressly agree that we may contact you by phone, email, or postal mail, even if you have chosen to be removed from the national Do Not Call List run by the Federal Trade Commission, any state equivalent Do Not Call List, or any particular institution's Do Not Call List.

3. Changes to Terms of Service

CMS Financial Group maintains the right to post modified Terms of Service at any time and to change, modify, add, or remove any part of these Terms of Service. Please review these Terms of Service often for updates. Any time you use the websites after modifications have been posted, you are deemed to have accepted those changes in their entirety. Unless otherwise specified, the new Terms of Service shall take effect right away and without additional notification.

4. Grants of Licenses

CMS Financial Group provides you a personal, limited, non-exclusive, non-transferable, revocable license to use the websites for accessing the information and contacting the suppliers of the goods and services included within, subject to your compliance with these Terms of Service.

CMS Financial Group explicitly retains all rights not expressly given in this agreement, including the right to employ any legal methods it considers necessary or appropriate to stop illegal use of the websites.

5. Prohibited Behavior

You agree not to engage in the following when using the websites:

• Utilize the websites for any reason other than to access information and contact businesses offering advertised goods and services
• Submit, transmit, or assist in distributing unlawful, harmful, abusive, vulgar, sexually explicit, or defamatory content
• Attempt to interfere with, compromise, or harm the websites in any way
• Use any robot, spider, scraper, or other similar system to access the websites
• Impersonate someone else or falsely represent your affiliation with a person or entity
• Commit fraud or conceal your identity
• Submit information that you do not have the right to share with the public

6. Proprietary and Ownership Rights

CMS Financial Group is the owner and operator of the websites. All information displayed on the websites is protected by United States copyright, trade dress, patent, and trade/service mark laws, applicable international conventions, and all other pertinent intellectual property and proprietary rights and laws.

All material on the websites is the property of CMS Financial Group and/or its third-party licensors, unless otherwise stated. You are not allowed to use this content in any way that is not expressly authorized by CMS Financial Group, including selling, licensing, distributing, copying, changing, displaying publicly, transmitting, publishing, editing, adapting, or making derivative works.

7. Links to Third-Party Sites

The websites may contain references or links to other websites that are owned or run by third parties with whom CMS Financial Group might be associated. The availability, content, advertising, and any goods or services made available by such third parties are not under the control of CMS Financial Group, and as a result, CMS Financial Group is not liable for them.

All communications and transactions you have with such third parties are private and completely between you and them. Your communications or business dealings with any third parties are private and confidential and only take place between you and the third party. CMS Financial Group is not liable for any losses or damages of any kind sustained as a consequence of such dealings.

8. Termination

Your use of the websites and any session may be terminated by CMS Financial Group at any time, for any or no reason, and without warning or penalty. CMS Financial Group has the right to stop granting access to the websites at any moment, at its sole discretion.

CMS Financial Group shall not be liable to you or any third person for any termination of your access to the websites. If you are unhappy with the websites, these terms of service, or any CMS Financial Group policy or practice relating to the operation of the websites, your single and exclusive recourse is to stop using the websites.

9. Indemnification

The use or misuse of the websites by you, any violation by you of these Terms of Service, or any breach by you of the representations, warranties, and covenants made by you herein will result in your agreement to defend, indemnify, and hold harmless CMS Financial Group and its contractors, employees, agents, and third-party suppliers and business partners from any claims, losses, damages, and liabilities, including legal fees and expenses.

10. Disclaimers and No Warranty

CMS FINANCIAL GROUP, ITS THIRD PARTY SUPPLIERS, AND BUSINESS PARTNERS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, TO THE FULLEST EXTENT PERMITTED BY LAW.

THE WEBSITES ARE USED AT YOUR SOLE RISK. THE WEBSITES ARE PROVIDED "AS IS," "AS AVAILABLE," "WITH ALL FAULTS," AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS OF ANY KIND.

No warranty is made by CMS Financial Group that the websites or any third party web sites or any data, information, products or services offered on or through the websites will be uninterrupted or free of errors, viruses or other harmful components. You use the websites and all third-party websites at your own risk.

11. Restrictions on Liability

CMS FINANCIAL GROUP AND ITS THIRD PARTY SUPPLIERS AND BUSINESS PARTNERS WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES, OR LOSS OF DATA.

Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. In such cases, CMS Financial Group's liability will be limited to the fullest extent permitted by applicable law.

12. Release

By using any CMS Financial Group website, you agree to release and hold harmless CMS Financial Group and its third-party suppliers and business partners, as well as each of their individual agents, directors, officers, employees, and all other related individuals or entities, from any and all claims, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and expenses of any kind or nature, whether known or unknown, arising from or in any way related to your use of the website.

13. Law, Mandatory Arbitration, and Location

13.1 Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of California without giving effect to any principles of conflicts of law. Any claim or disagreement you may have against CMS Financial Group must be decided by a court in San Diego, California. You consent to submit to the personal jurisdiction of the courts situated in San Diego County, California.

13.2 Agreement to Arbitrate

You and CMS Financial Group agree that any dispute, claim, or controversy between you and CMS Financial Group will be resolved by mandatory binding individual (not class) arbitration. This applies whether the claims are based on a contract, tort, statute, fraud, misrepresentation, or any other legal theory.

There is no judge or jury in arbitration, and there is little scope for judicial review of an arbitration award. There may be less discovery than there would be in court. The arbitrator is bound by this agreement and has the same authority to award damages and other remedies as a court (including attorney fees).

13.3 Class Action Waiver

You and CMS Financial Group agree that neither party may file claims against the other except in its individual capacity and not as a plaintiff or class member in any purported class or representative action. No arbitrator or judge may consolidate more than one person's claims or otherwise take part in a representative or class action unless both you and CMS Financial Group agree.

13.4 Arbitral Procedures

Any arbitration between you and CMS Financial Group will be governed by the Consumer Arbitration Rules of the American Arbitration Association ("AAA") then in effect, as amended by this Arbitration Agreement. You can find the AAA Rules and directions on how to initiate an arbitration action at the AAA website or by calling (888) 522-4929.

13.5 Notice

To initiate arbitration, a party must first provide written notice of the dispute to the other party through certified mail, Federal Express, UPS, or Express Mail. Notices to CMS Financial Group should be sent to: Card Member Services Financial Group (CMS Financial Group), Attn: General Counsel, 1317 Edgewater Dr, Orlando, FL 32804.

14. Miscellaneous

14.1 Notice

You may receive alerts from CMS Financial Group by email, regular mail, or website posts. Unless CMS Financial Group is informed that the email address supplied is incorrect, notice will be deemed delivered twenty-four hours after it is sent.

14.2 Assignment

You are not permitted to transfer or assign any of your rights or duties under these Terms of Service without express prior written agreement from CMS Financial Group. CMS Financial Group is free to assign or transfer any of its rights or responsibilities under these Terms of Service without restriction or limitation.

14.3 Copyright Infringement Policy

CMS Financial Group will investigate complaints of copyright infringement and take necessary corrective action as required by the Digital Millennium Copyright Act (DMCA). If you believe any content on our websites has been utilized or copied in a way that violates your intellectual property rights, please contact us immediately.

14.4 Complete Agreement

These Terms of Service, together with any other document included by reference herein, constitute the complete agreement between you and CMS Financial Group and govern your use of the websites. All past agreements between you and CMS Financial Group are superseded by these Terms of Service.

14.5 Survival

After termination or your decision to stop using the websites, the following sections will remain in effect: 4, 6, 7, 8, 9, 10, 11, 12, 13, and 14.

Contact Information

For questions about these Terms of Service, please contact: