Debtle Terms And Conditions Of Use
Welcome to our website. This site is maintained as a service to our customers. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.
1. Agreement. This Term of Use agreement ("the "Agreement") specifies the Terms and Conditions for access to and use of DEBTLE (the "Site") and describe the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time by DEBTLE CO. upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at http://www.debtle.com/terms-of-service. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
3. Ownership. All content included on this site is and shall continue to be the property of DEBTLE CO. or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
4. Intended Audience. This website is intended for adults only. This website is not intended for any individual under the age of 18. Anyone using DEBTLE must be authorized to negotiate on behalf of the organization or the account holder.
5. Trademarks. DEBTLE, DEBTLE CO. and DEBTLE DBA, and others are either trademarks or registered trademarks of DEBTLE CO.. Other product and company names mentioned on this Site may be trademarks of their respective owners.
6. Site Use. DEBTLE CO. grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of DEBTLE CO. and DEBTLE CO. may terminate your use of this website at any time.
You are not authorized to create or control more than one personal account for yourself without our express authorization, through, among other methods, using a name that is not yours, using a temporary email address or phone number, or providing any other falsified personal information.
Additionally, you must not:
- Breach this user agreement, the Acceptable Use Policy, or any other agreement between you and us; Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising);
- Infringe our or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
- Act in a manner that is defamatory, trade libelous, threatening or harassing;
- Provide false, inaccurate or misleading information;
- Send or receive what we reasonably believe to be potentially fraudulent money or payments for advertising, marketing, or otherwise on an unsolicited and unauthorized basis;
- Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;
- Attempt to double dip during the course of a dispute by receiving or attempting to receive money from both us and the recipient of a payment, bank or card issuer for the same transaction;
- Control an account that is linked to another DEBTLE account that has engaged in any of these restricted activities;
- Use the DEBTLE services in a manner that results in or may result in:
- disputes; claims, reversals, chargebacks, fees, fines, penalties or other liability or losses to DEBTLE, other customers, third parties or you;
- Use your DEBTLE account or the DEBTLE services in a manner that we, Visa, Mastercard, American Express, Discover or any other electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules, or for the purpose of earning rewards, perks, miles, points, etc. with your credit card, debit card, or bank account;
- Have any amounts owed to us;
- Provide yourself a cash advance from your credit card (or help others to do so);
- Access the DEBTLE services from outside the United States;
- Take any action that imposes an unreasonable or disproportionately large load on our websites, software, systems (including any networks and servers used to provide any of the DEBTLE services) operated by us or on our behalf or the DEBTLE services;
- Facilitate any viruses, trojan horses, malware, worms or other computer programming routines that attempts to or may damage, disrupt, corrupt, misuse, detrimentally interfere with, surreptitiously intercept or expropriate, or gain unauthorized access to any system, data, information or DEBTLE services;
- Use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our websites without our prior written permission; or use any device, software or routine to bypass our robot exclusion headers;
- Interfere or disrupt or attempt to interfere with or disrupt our websites, software, systems (including any networks and servers used to provide any of the DEBTLE services) operated by us or on our behalf, any of the DEBTLE services or other users’ use of any of the DEBTLE services;
- Take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers or service providers;
- Use the DEBTLE services to test credit card behaviors, or make excessive or unexplainable transactions;
- Circumvent any of our policies or determinations about your DEBTLE account such as temporary or indefinite suspensions or other account holds, limitations or restrictions, including, but not limited to, engaging in the following actions: attempting to open new or additional DEBTLE account(s) when you have amounts owed to us or when your DEBTLE account has been restricted, suspended or otherwise limited; opening new or additional DEBTLE accounts using information that is not your own (e.g. name, address, email address, etc.); or using someone else’s DEBTLE account; or
- Harass and/or threaten our employees, agents, or other users.
7. Fees and limits. We may, at our discretion, impose limits on the amount and/or the number of payments you can send and receive. If you use your credit card as the payment method when sending money, you may also be charged a cash-advance fee by your card issuer. In order to manage risk, we may limit the payment methods available when you make a payment. Fees and limits may change from time to time in our sole discretion.
8. Payment Methods. DEBTLE will charge the entire cost of the payment to your preferred payment method. The transaction type, among other factors, determines when and how we use your preferred payment method, as explained on [Link to clause/description of payment methods]. You can manage payment methods, including selecting preferred payment methods, in the Payment Methods section of your DEBTLE account settings.
9. Bank account transfers. When you use your bank account as a payment method, you are allowing us to initiate a transfer from your bank account. For these transactions, we will make electronic transfers from your bank account in the amount you authorize. You authorize us to try this transfer again if the initial transfer is declined by your bank for any reason. YOU SHOULD CONFIRM THAT YOUR BANK ACCOUNT CONTAINS FUNDS SUFFICIENT TO COVER THE PAYMENT BEFORE MAKING THE PAYMENT, IF FUNDED BY YOUR BANK ACCOUNT. THIS WILL HELP YOU AVOID OVERDRAFT OR OTHER FEES YOUR FINANCIAL INSTITUTION MAY CHARGE.
10. Debit card processing. DEBTLE will process your debit or prepaid card funded transactions through either the ATM debit network or the Visa, Mastercard or Discover network.
11. Payments that are invalidated and reversed. Payments may be invalidated and reversed by us if, among other reasons, we sent the payment to you in error, the funding transaction is declined or reversed, the payment was unauthorized or unfunded, or if the payment was for activities that violated this user agreement or any other agreement with us.
As the sender or recipient of a payment that is later invalidated for any reason, you may be liable to us for the full amount of the payment and we may recover the amount of the payment (plus any fees) from you. We may recover the amount of the payment from either the sender or the recipient of an invalidated payment in our discretion (subject to applicable law). For example, if you send a payment funded by a bank account and the bank informs us it cannot cover the payment due to a lack of funds or a dispute, we may hold you liable for the payment, or if you were the recipient of that payment, we may reverse that payment from your account to cover the liability.
When recovering the amount of an invalidated payment from you, we may apply any money sent to you on DEBTLE, request that you add money to your account for the amount of the payment and apply that money to amounts owed, and/or we may engage in collection efforts to recover such amounts from you, place a limitation or take other action on your DEBTLE account.
If we invalidate a payment because the card issuer or originating bank declined or reversed the transaction, then you may be liable for the payment even if you disagree with the decision of the card issuer or originating bank to decline or reverse the payment. If you believe that a payment initiated with your DEBTLE account was not authorized, then you must notify us immediately, even if you (or someone else) disputes the transaction with the card issuer or originating bank. If you fail to report the unauthorized activity directly to us, then we may recover the amount of the reversed payment from you, as described above.
12. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
13. Indemnification. You agree to indemnify, defend and hold DEBTLE CO. and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
14. Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. DEBTLE CO. DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
15. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL DEBTLE CO. BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
17. Identity authentication. You authorize us, directly or through third parties, to make any inquiries we consider necessary to verify your identity. This may include:
- asking you for further information, such as your date of birth, a social security or taxpayer identification number, your physical address and other information that will allow us to reasonably identify you;
- requiring you to take steps to confirm ownership of your email address, phone number or financial instruments;
- ordering a credit report from a credit reporting agency, or verifying your information against third party databases or through other sources; or
- requiring you to provide your driver’s license or other identifying documents.
Anti-money laundering and counter-terrorism financing laws may require that we verify the required identifying information if you use certain DEBTLE services. We reserve the right to close, suspend, or limit access to your DEBTLE account and/or the DEBTLE services in the event that, after reasonable enquiries, we are unable to obtain information about you required to verify your identity.
18. Holds and Limitations. Under certain circumstances, in order to protect DEBTLE and the security and integrity of the network that uses the DEBTLE services, DEBTLE may, in its sole discretion, take account-level or transaction-level actions. Our decision about holds and limitations may be based on confidential criteria that are essential to our management of risk and the protection of DEBTLE, our customers and/or service providers. We may use proprietary fraud and risk modeling when assessing the risk associated with your DEBTLE account. In addition, we may be restricted by regulation or a governmental authority from disclosing certain information to you about such decisions. We have no obligation to disclose the details of our risk management or security procedures to you. A hold is an action that DEBTLE may take under certain circumstances either at the transaction level or the account level. When DEBTLE places a temporary hold on a transaction, the money is not available to either the sender or the recipient. DEBTLE reviews many factors before placing a hold on a transaction, including: account tenure, transaction activity, and past disputes.
- Holds based on DEBTLE’s risk decisions. We may place a hold on transactions involving your DEBTLE account if, in our sole discretion, we believe that there may be a high level of risk associated with you, your DEBTLE account, or your transactions or that placing such a hold is necessary to comply with state or federal regulatory requirements. We make decisions about whether to place a hold based on a number of factors, including information available to us from both internal sources and third parties. Risk-based holds may remain in place for up to 180 days from the date the transaction was made. We may release the hold earlier under certain circumstances, but any earlier release is at our sole discretion.
- Account Limitations. Limitations are implemented to help protect DEBTLE and DEBTLE users when we notice restricted activities or activity that appears to us as unusual or suspicious. Limitations also help us collect information necessary for keeping your DEBTLE account open. There are several reasons why your DEBTLE account could be limited, including:
- If we suspect someone could be using your DEBTLE account without your knowledge, we’ll limit it for your protection and look into the unusual activity.
- If another financial institution alerts us that someone has used one of your linked payment methods without permission.
- In order to comply with the law.
- If we reasonably believe you have breached this agreement or violated any other DEBTLE policy.
19. Protection from Unauthorized Transactions. To protect yourself from unauthorized activity in your DEBTLE account, you should regularly log into your DEBTLE account and review your DEBTLE account statement. We will notify you of each transaction by sending an email to your primary email address on file. You should review these transaction notifications to ensure that each transaction was authorized and accurately completed.
- An “Unauthorized Transaction” occurs when money is sent from your DEBTLE account that you did not authorize and that did not benefit you. For example, if someone steals your password, uses the password to access your DEBTLE account, and sends a payment from your DEBTLE account, an Unauthorized Transaction has occurred.
- The following are NOT considered Unauthorized Transactions: If you give someone access to your DEBTLE account (by giving them your login information) and they use your DEBTLE account without your knowledge or permission. You are responsible for transactions made in this situation. Invalidation and reversal of a payment as a result of the actions described under Refunds, Reversals and Chargebacks.
20. Reporting an Unauthorized Transaction. If you believe your DEBTLE login information has been lost or stolen, please contact DEBTLE customer service immediately at email@example.com. Filing a chargeback or reversal with your financial institution related to a DEBTLE payment does not constitute notice of an Unauthorized Transaction to us. You must contact us directly to notify us of Unauthorized Transactions by reaching out to DEBTLE customer service.
21. Dormant accounts. If you do not log in to your DEBTLE account for two or more years, we may close your DEBTLE account and send any of your funds held in our possession to your primary address (if we have verified the required identifying information that you have provided to us) or, if required, escheat (send) any of your funds held in our possession to your state of residency. We will determine your state of residency based on the information provided for your DEBTLE account. If your address is unknown, any of your funds held in our possession will be escheated to the State of Louisiana. Where required, we will send you a notice prior to escheating any of your funds. If you fail to respond to this notice, your funds held in our possession will be escheated to the applicable state. If you would like to claim any escheated funds from the applicable state, please contact the applicable state’s unclaimed property administrator.
22. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site is Stephanie Hoskins, who can be reached by E-mail at: firstname.lastname@example.org
23. Applicable Law. You agree that the laws of the state of Florida, without regard to conflicts of laws provisions will govern these Terms and Condition of Use and any dispute that may arise between you and DEBTLE CO. or its affiliates.
24. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
25. Waiver. The failure of DEBTLE to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by DEBTLE must be in writing and signed by an authorized representative of DEBTLE.
26. Termination. DEBTLE CO. may terminate this Agreement at any time, with or without notice, for any reason.
27. Relationship of the Parties. Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
29. Contact Information.
- DEBTLE CO.
Consent to Receive Electronic Disclosures
By accepting this Consent as indicated below, you, the person or entity applying for a DEBTLE account, consent to receive and view disclosures, notices, statements and other communications (collectively, “Disclosures”) from DEBTLE CO. ("DEBTLE" or "we") relating to your eligible DEBTLE accounts (“Account(s)”) electronically by any of the following means:
- Text to your mobile phone number (which may include a link to a new Disclosure on the DEBTLE website (“Website”),
- To your email (or social media network), or
- Notifications from our Web or mobile application (“Application”).
Delivery by any of these means will constitute proper notice to you under applicable law. You acknowledge that Disclosures will include, but may not be limited to, the following:
- Disclosures and/or amendments we may provide you under our Policies and Agreements;
- Balance, activity and any other information on your Account(s),
- Periodic statements, receipts, confirmations, authorizations and transaction history for your Account(s);
- Disclosures regarding the resolution of any claimed error on your periodic statements; and
- Disclosures required or permitted by law or regulation.
Your Right to Revoke Consent. Your consent is effective until further notice by us or until you revoke your consent to receive electronic Disclosures. You may revoke your consent to receive electronic Disclosures at any time either by submitting your request in writing to: 7250 Perkins Rd, Baton Rouge, LA 70808
If you do not consent or if you withdraw your consent, we reserve the right to refuse to accept your Account application, to cancel your Account, place your Account on inactive status, or to provide a paper copy of Disclosures. If you request a paper copy of a Disclosure within 180 days of the date of the Disclosure and we elect to send you a paper copy, we will waive our standard Disclosure Request Fee for the first two requests. After that, any additional Disclosure Requests may be subject to fees. We will only provide paper copies upon your request if your current mailing address is in your Account profile.
SYSTEM REQUIREMENTS: In order to receive Disclosures, whether by text or email, you need to have a means of printing or storing them. So, in addition to having and email address and phone number you must have the following:
- Computer or mobile device with Internet connection;
- A current web browser with cookies enabled;
- A valid email address on file in your Account profile;
- Ability to store or print the Disclosures; and
- if you use a spam blocker, you must add email@example.com to your email address book or whitelist
We reserve the right to change these System Requirements and will provide you with a Disclosure when we make a material change to the System Requirements.
Receiving emails. In order to receive Disclosures, you must ensure that the primary email address that you provide us is your valid, current email address, and you are able to receive at that address texts or email messages containing Disclosures including attached electronic documents and that such Disclosures, including portions that are attached documents are available for viewing and storing or printing by you. You agree to promptly update your email address by updating your Account profile if your email address changes. You acknowledge that our ability to notify you of the availability of your Disclosures is contingent on the validity of email address in our records. If your email address is no longer valid, we reserve the right to determine your Account is inactive or take other actions as set forth in the User Agreement. You will not be able to conduct any transactions in your Account until you update your mobile phone or email address in your Account profile.
Reservation of Rights. We reserve the right to provide you with any Disclosure in writing, rather than electronically, or to withdraw the right to receive Disclosures electronically at any time. You agree to maintain on file with us your current street address and to promptly update your address in the event it changes by updating your Account profile. Although we may waive our fee for delivery of paper Disclosures, we reserve the right to charge the Disclosure Request Fee and to increase this fee in our discretion.
Print Disclosures. We recommend that you print a copy of this Consent and any Disclosure that you view electronically for your records as the Disclosure may not be accessible online at a later date.
Your Consent. By clicking on the “Accept Invite” or “Register” button in the DEBTLE sign up flow, which you adopt as your electronic signature, you agree that (i) we may provide Disclosures to you electronically, on the terms and conditions set forth in this Consent, (ii) the consent shall last until you revoke your consent, and (iii) you meet the System Requirements specified above. If you do not wish to receive Disclosures electronically, you will not be able to open an Account.
General. You understand and agree that we are responsible for sending the Disclosures to you electronically by email or text to the address in your Account profile or through the Service. We are not responsible for any delay or failure in your receipt of the notices and whether or not you choose to view the Disclosure, subject to your right to revoke your consent to receive Disclosures electronically.
Contact us. Except as otherwise provided by law or other agreement between you and us, you may provide us with notices regarding your Accounts by contacting firstname.lastname@example.org or mailing us at 7250 Perkins Rd, Baton Rouge, LA 70808.