Terms of Service – Written Assessment

ACCEPTANCE OF TERMS

This service is a product of Debt Management Credit Counseling Corp., a Florida nonprofit corporation whose principal place of business is located at 3310 N. Federal Highway, Lighthouse Point, FL 33064, Tel 954-418-1466 (“DMCC”), and is provided to you subject to the following Terms of Service.

DMCC delivers nonprofit financial educational services to consumers who are struggling to locate and find appropriate relief for their student loan debts. DMCC provides this written assessment service to assist consumers identify federal student loan programs available to them from the U.S. Department of Education (“DOE”). DMCC is not affiliated with any government agency and charges a fee for this service to support its business. Company is not a lender or a law firm and does not provide legal advice.

DESCRIPTION OF SERVICE

Utilizing proprietary and third party systems, DMCC will process the student loan information that you obtain from the NSLDS database maintained by the DOE, and provide you a written assessment report of your available repayment options. The written assessment will include estimated monthly payment amounts for each option and a recommended course of action based on the personal goals you communicate to us. You will also have the opportunity to consult with a certified counselor to discuss your report.

The standard fee for this service is $49.00.

REGISTRATION OBLIGATIONS

You understand and agree that in order for DMCC to provide you this service, you must obtain your NSLDS student loan data from the DOE by using the third party software platform to which DMCC refers you. DMCC will not be able to deliver your assessment report until you sync your NSLDS data and complete your user profile on the third party site.

You also agree to provide true, accurate, current and complete information about yourself. You understand and agree that if you provide any information that is untrue, inaccurate, not current or incomplete that DMCC has the right to immediately terminate this agreement, and refuse to perform any further services.

CLIENT ACCOUNT, PASSWORD AND SECURITY

You understand and agree that you will receive account login information upon registering on the DMCC and third party  websites. You are responsible for maintaining the confidentiality of your passwords and account information, and are fully responsible for any and all activities that occur under your passwords or accounts.

You agree to notify DMCC immediately of any unauthorized use of your account, or any breach of security. You also agree to ensure that you will log out of your account at the end of each session.

CLIENT CONDUCT

You agree and understand that you will not use this service to obtain information about a person other than yourself. You understand and agree that this service is for researching your own information.

You also understand and agree that if DMCC has reasonable grounds to suspect that you are trying to obtain information about someone other than yourself, it has the right to terminate your account, and refuse any and all current or future services.

CANCELLATION AND REFUND POLICY

DMCC’s cancellation policy is designed to exceed state law requirements and be easy to understand: If you are unhappy or dissatisfied at any time prior to receiving this service, simply send a letter, email or facsimile to DMCC requesting a refund and cancellation of the service. However, once DMCC fulfills its service obligations by sending you the written assessment report, you shall be obligated to pay DMCC the balance of any unpaid service fee as scheduled and shall not be entitled to a refund unless you request such cancellation within your state statutory cancellation rights. If at any time you have questions about this service, you should not hesitate to call or write to us directly.

CREDIT REPORTING

You acknowledge that DMCC has not made any representations with respect to improving or altering your credit rating and that DMCC will not provide, sell, perform or represent that it will sell, provide or perform any service for the express or implied purpose of improving your credit report, credit history or credit rating. Your credit report is outside of the scope of this agreement and DMCC assumes no responsibility for your credit report or rating. Any delay by you in making payments to your lenders will result in adverse credit reporting, reduction in creditworthiness, and collection activity.

INDEMNIFICATION AND HOLD HARMLESS

You hereby agrees to defend and hold harmless DMCC and any supporting service provider from and against any claims and liability of any nature whatsoever arising out of or in connection with your failure to timely provide requested information to DMCC, your lack of authority or ability to complete terms of this agreement, and all other claims arising out of this agreement or relating to your loans and other financial obligations. This agreement constitutes the entire agreement between you and DMCC. DMCC makes no warranty, express or implied, as to the fitness of any recommendation it may make to you arising out of this agreement. Except for cause, you unconditionally waives any right of action against DMCC and supporting service providers, its officers, directors, employees, agents, brokers and assignees, at law, equity or any other cause of action for any reason, directly, indirectly or proximately believed to arise out of this agreement, for any damages of any nature whatsoever that you may incur by reason of you following any recommendation of DMCC or your failure to follow any recommendation of DMCC, whether any singular, concurrent or series of recommendations are acted upon or not acted upon in whole or in part by you. This section shall survive any termination of this agreement.

PRIVACY NOTICE

The information we obtain from you in connection with this service, including your registration data for the related online accounts, is subject to our Privacy Policy, which is specifically incorporated by reference into this agreement.

ELECTRONIC AND VOICE COMMUNICATION CONSENT

You consent to do business electronically with DMCC. You understand that electronic transactions, not limited to emails, are inherently unsecured and that both you and DMCC will take all reasonable steps to maintain the privacy of the information shared between the parties. You consent to receive information and documents relating to this agreement and DMCC services via electronic mail, text message, facsimile, voicemail, and any other common electronic means. You understand that all costs associated with the receipt, review and use of such electronic communications shall yours, such as maintaining access to the Internet or paying for text messages. You consent to receive updates and documents relating to this agreement and the services offered by DMCC via prerecorded voice messages, text/SMS messages, and/or through the use of an automated dialing system. You may contact DMCC at any time to opt-out of receiving updates, new programs or offers through prerecorded, autodialed messages or calls to your cell phone.

LIMITATIONS ON DAMAGES

Liability under this agreement and/or relating directly or indirectly to your participation in any government loan or relief program, under any theory of liability regarding any claim by you is limited to the amount of fees paid by you and received by DMCC. The parties agree to be contractually bound to such limitation on any damages, and agree not to demand or attempt to recover any amount in excess of such. This section shall survive any termination.