Thank you for your interest in debtmagicians.com, a subsidiary of the Clix Group, LLC ("Debt Magicians," "we," or "us"). We welcome you to our website at www.debtmagicians.com (the "Site"), as well as all related web sites, downloadable software, mobile applications (including tablet applications), and products and services provided by us and certain third parties (collectively, together with the Site, our "Service"). These Terms and Conditions are a legally binding contract between you and Debt Magicians regarding your use of the Service.
Unless prohibited by applicable law, these terms provide that all disputes between you and us will be resolved by binding arbitration, and not in state or federal court (excluding claims you can bring in small claims court). Please review the Dispute Resolution and Arbitration section below for the details regarding your agreement to arbitrate any disputes with Debt Magicians.
You agree to conduct transactions with Debt Magicians electronically. When you visit www.Debt Magicians.com or send emails to us, you are communicating with us electronically and you consent to receive any and all communications from us electronically ("Electronic Disclosures") to the extent allowed by law. We will provide Electronic Disclosures by email, by posting notices on the Site, mobile or web application, text message, or other electronic means. At any time, you may request a paper version of disclosures required by law to be delivered to you in writing. We will send you such disclosures free of charge.
You may refuse to receive Electronic Disclosures before using the Service. You may also update your contact information or withdraw your consent at any time by emailing us at (a) email@example.com, and/or writing us at (b) 2265 Lee Road, Ste. 101B, Winter Park, FL 32789. Once you refuse or withdraw your consent to receive Electronic Disclosures, we reserve the right to limit your use of the Service. If you withdraw your consent, you may request paper versions of any disclosures the Service was obligated by law to deliver to you in writing within the past 180 days. We will send these disclosures free of charge. After 180 days from your withdrawal of consent, we will not deliver paper copies of any Electronic Disclosures.
In order to receive Electronic Disclosures, you must have the following hardware and software:
We may change these requirements and, if we do so, we will notify you promptly of any material change to these requirements.
To access the Service, you must register for an account. When you register you will be required to provide us with some information about yourself. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to create a password.
You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at firstname.lastname@example.org.
Each borrower is only permitted to register for one account. You agree not to register for multiple accounts with Debt Magicians without the express written notice of Debt Magicians
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone other than our subsidiaries for purposes of providing services requested by you.
We partner with another party to provide specific services, specifically but not limited to The Clix Group, LLC dba PayClix.com. When the user signs up for these services, we will share names, or other contact information that is necessary for the third party to provide these services to user. These parties are not allowed to use personally identifiable information except for the purpose of providing these services.
You are permitted to use content delivered to you through the Service only on the Service. You may not copy, reproduce, distribute, or create derivative works from this content for personal/commercial use. You agree not to reverse engineer or reverse compile any of the service technology, including without limitation any applications associated with the Service.
The Site, its content, any materials downloaded, and all intellectual property relating to the Site (including copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks, and service marks) are owned by Debt Magicians or third parties and all right, title and interest them remain the property of Debt Magicians and/or such third parties (collectively, the "Content"). All Content is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. You are authorized only to view and retain a copy of the pages of the Site for your own personal, non-commercial use. You may also view and make copies of relevant documents, pages, images or other materials on the Site for the purpose of transacting business with Debt Magicians and licensed third parties. You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the Internet, or in any way distribute or exploit the Site, or any portion of the Site for any public or commercial use without the express written consent of Debt Magicians. Additionally, you agree that you will not (i) remove or alter any author, trademark or other proprietary notice or legend displayed on the Site (or printed pages produced from the Site); and (ii) make any other modifications to any documents or information obtained from the Site other than in connection with completing information required to transact business with Debt Magicians
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline. Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for "https" at the beginning of the address of the Web page. While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
By Using The Service, You Agree Not To:
If you violate any provision of these terms, your permission to use the Service will terminate automatically. Additionally, we, in our sole discretion may terminate your user account on the Service or suspend or terminate your access to the Service at any time, with or without notice. We also reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service) without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service. You may terminate your account at any time by contacting customer service at email@example.com . If you or we terminate your account, you will remain obligated to pay all outstanding amounts owed that you agreed to, relating to your use of the Service incurred prior to termination.
We use "cookies" on this site. A cookie is a piece of data stored on a site visitor's hard drive to help us improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Usage of a cookie is in no way linked to any personally identifiable information on our site.
This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
Use of the Service may be made available through a browser on a mobile device or through an application running on a mobile device. You are responsible for all costs incurred by you with respect to using the Service on a mobile device, including data usage fees and other telecommunications fees.
The Services are not directed to individuals under the age of thirteen (13), and we request that they not provide Personal Data through the Services.
We may change these terms and conditions from time to time to reflect new services, changes in our Personal Data practices or relevant laws. The "Last updated" legend at the top of Terms and Conditions indicates when this document was last revised. Any changes are effective when we post the revised document on the Services. We may provide you with disclosures and alerts regarding the update collected by posting them on our website and, if you are a User, by contacting you through your email or your mobile device.
PLEASE READ CAREFULLY AS THIS AFFECTS YOUR LEGAL RIGHTS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DEBT MAGICIANS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
DEBT MAGICIANS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DEBT MAGICIANS OR ITS SERVICE PROVIDERS THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
PLEASE READ CAREFULLY AS THIS AFFECTS YOUR LEGAL RIGHTS.
YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. YOU AGREE THAT DEBT MAGICIANS OR ITS AFFILIATES WILL NOT BE LIABLE FOR ANY HARMS, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF DEBT MAGICIANS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH HARMS, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES; (iii) ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE; or (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY OTHER PERSON.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. HOWEVER, EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS LIMITATION OF LIABILITY SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
To the extent permitted by applicable law, you agree to protect and fully compensate Debt Magicians and its affiliates from any and all claims, losses, damages, penalties, fines, forfeitures, legal fees (including legal fees incurred in connection with the enforcement of your indemnification obligation) and related costs, judgments, and any other costs, fees and expenses incurred by Debt Magicians or its affiliates caused by or arising from your use of the Service, your violation of these Terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
Any failure by Debt Magicians to exercise any rights or enforce any of these terms is not a waiver of such rights or terms. If any provision of these Terms or their application in a particular circumstance is held to be invalid or unenforceable to any extent, the remainder of these Terms, or the application of such provision in other circumstances, will not be affected, and each provision will be valid and enforced to the fullest extent permitted by law.
THIS SECTION AFFECTS YOUR RIGHTS. PLEASE READ CAREFULLY BEFORE AGREEING TO THESE TERMS.
In the interest of resolving disputes between you and Debt Magicians in the most expedient and cost-effective manner, to the extent permitted by applicable law, you and Debt Magicians agree that any and all disputes arising in connection with the Service will be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of the Service, whether based in equity, contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of the Service.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND DEBT MAGICIANS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION IN COURT OR IN ARBITRATION.
We both agree that nothing in these Terms will be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, or (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available.
Any arbitration between you and Debt Magicians will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, or by calling the AAA at 1-800-778-7879. Your arbitration filing fees will be governed by the Consumer Rules.
Any arbitration hearings will take place at a location to be agreed upon in Orange County, Florida, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted (i) solely on the basis of documents submitted to the arbitrator; (ii) through a nonappearance based telephonic hearing; or (iii) by an in-person hearing as established by the AAA Rules.
NO CLASS ACTIONS. YOU AND DEBT MAGICIANS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Debt Magicians agree otherwise, the arbitrator may not join more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
You agree that the enforceability of these arbitration provisions will be determined by the arbitrator as provided in the AAA Rules. You agree that the arbitration provisions of these Terms in effect at the time of demand or action, and not the time of your or our alleged injury, will be the provisions that will be applied by the arbitrator or a court. If class actions provisions are found to be unenforceable or if the entirety of the arbitrations provisions are found to be unenforceable, then the entirety of the arbitration provisions will be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Governing Law Section below will govern any action arising out of or related to these Terms.
To the extent permitted by applicable law, (i) these terms will be governed by the laws of the State of Florida without regard to conflict of law principles, and (ii) to the extent that any lawsuit or court proceeding is permitted under these terms, we both agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Orange County, Florida for the purpose of litigating all such disputes.
If you feel that we are not abiding by these conditions, you should contact us immediately via email to firstname.lastname@example.org