AGREEMENT BETWEEN USER AND Ever Clear Financials LLC- PLEASE READ THE TERMS OF SERVICE SET FORTH BELOW (THE “TERMS”) GOVERN YOUR USE OF THIS WEBSITE ON THE WORLD WIDE WEB (THE “SITE”) AND ARE LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THE SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.

This Agreement contains a binding arbitration agreement. These Terms affect your legal rights, including an agreement to resolve disputes that may arise between us by arbitration on an individual basis instead of by class actions or jury trials. As a condition of using this Site, you agree that any disputes pertaining to information presented herein and use of the Site shall be resolved through binding arbitration and not in a court. You have the right to opt-out of our agreement to arbitrate.

Ever Clear Financials, LLC provides “The User” with access to its content, resources, education, tools for communication, public forums, commerce platforms, and other services through its network of websites, “The Service”. Ever Clear Financials, LLC provides its service to the user, subject to the following Terms of Service.

Ever Clear Financials, LLC is not responsible for providing you access facilities or equipment (in any form) to its service. You, “The User”, also comprehend and agree that “The Service” may include advertisements and sponsorships and that these are necessary for Ever Clear Financials, LLC to provide “The Service”. You also understand and agree that Ever Clear Financials, LLC makes no submission about the suitability, reliability, availability, timeliness, and accuracy of the information, products, services and related graphics contained within “The Service” for any purpose. “The Service” is provided “as is” without warranty of any kind. Ever Clear Financials, LLC hereby disclaims all warranties and conditions with regard to “The Service”. UNDER NO CIRCUMSTANCES IS Ever Clear Financials, LLC ADVERTISING, OFFERING OR SELLING CREDIT REPAIR SERVICES THRIOUGH THIS WEBISTE OR ANY OTHER MEANS. 

Ever Clear Financials, LLC is firmly committed to making its programs and services available to all individuals for whom those programs are suitable and does not tolerate discriminatory practices in connection with those programs and services. Accordingly, it is the policy of Ever Clear Financials, LLC to ensure equal opportunity and access to its programs and services without discrimination on the basis of race, color, religion, sex, marital status, citizenship, national origin, or ancestry. Ever Clear Financials, LLC prohibits any such discriminatory practices.

MODIFICATION OF THESE TERMS 

Ever Clear Financials, LLC reserves the right to change any of the terms, conditions, and notices under which “The Services” are offered. You are responsible for regularly reviewing these Terms of Service, including changes/modifications if any incorporated by us from time to time. Your continued use of “The Service” constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION TO “THE SERVICE”

Ever Clear Financials, LLC reserves the right to modify or discontinue, temporarily or permanently, “The Service” (or any part of “The Service”) with or without notice to “The User” at any time and from time to time. “The User” agrees that Ever Clear Financials, LLC shall not be liable to “The User” or any third party for any modification or discontinuance of the Service.

USER CONDUCT

“The Service” may include e-mail services, message boards, chat areas, newsgroups, forums, communities and/or other message or communication facilities designed to enable you to communicate with others (collectively, “Tools for Communication”). You agree to use the Tools for Communication only to post, send and receive messages and material that are proper and, when applicable, related to the particular tool for Communication. You also hereby agree that you shall not make use of “The Service” for any commercial purpose, including reselling and/or co-branding/private labeling.

As a condition of your use of “The Service” you, “The User”, agree to provide: (a) true, accurate, current and complete information about yourself as required by “The Service’s” registration form (such data being the “Registration Information, and Retainer Agreement”) (b) maintain and promptly update the Registration Information to keep it accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, Ever Clear Financials, LLC has the right to terminate the user account and refuse any and all current or future use of “The Service”. (c) Ever Clear Financials, LLC the right to use / disclose the aggregate registration information to third parties in connection with marketing of services, subject to the privacy policy. You have also consented Ever Clear Financials, LLC the right to use your registration information to provide targeting of advertising and other service offers. This could also be used to customize the content you see, to fulfill your requests for certain products and services and to contact/inform you through e-mail or otherwise about special offers or new products.

Usage Obligations

As a condition of your use of “The Service” you will not use “The Service” for any illegal purposes. You will be solely responsible for the contents of transmissions made by you through “The Service”.

You agree not to use “The Service” to: (a) Obstruct or hinder the use and enjoyment of “The Service” by other Users; (b) Violate any applicable local, state, national, and international laws and regulations; (c) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) Interfere with or disrupt “The Service” or servers or networks connected to “The Service”, or defy any requirements, regulations or guidelines of networks connected to “The Service”; (e) Transmit or otherwise make available any material in connection with surveys, chain letters, junk e-mail, spamming, contests, pyramid schemes, or any duplicative or unsolicited messages (commercial or otherwise); (f) Upload, post, e-mail, transmit or otherwise make available any content that is unlawful, damaging, intimidating, hostile, offensive, harassing, defamatory, improper, obscene, vulgar, invasive of another’s privacy, caste related, ethnically or otherwise objectionable; (g) Upload, post, e-mail, transmit or otherwise make available any content protected by any patent, trademark, copyright or other intellectual proprietary laws unless you own or control the rights thereto or have received all necessary consents to do the same; (h) Upload files that contain viruses, worms, corrupted files or any other similar software or programs designed to disrupt, damage or limit the operation of any computer or telecommunications equipment or property of another; (i) “Stalk” or otherwise harass other users; collect or store personal data about other users. (j) Advertise, promote or offer to sell or buy any goods or services for any business purpose unless “The Service” specifically allows such messages or transactions. (k) Reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion, use or access of “The Service”. (l) Violate the Fair Credit Reporting Act, the Fair Debt Collection Practices Act or any other law, (m) Conduct any activity that would aid or assist terrorism or related activity or would endanger U.S. military personnel.

Ever Clear Financials, LLC has no obligation to observe and monitor “The Service”. However, Ever Clear Financials, LLC reserves the right to review materials posted and to remove any material/s. Ever Clear Financials, LLC also reserves the right to terminate your access to any or all of “The Services”, at any time, without notice, for any reason whatsoever.

Ever Clear Financials, LLC reserves the right subject to attorney-client privilege to the extent applicable and to the extent the same is not waived through these provisions, at all times to divulge any information as it considers necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part. These would be more applicable to the publicly accessible areas of “The Service” that are intended to be available to the general public. For example, publicly accessible areas of “The Service” would include message boards and chat rooms that are open to both registered users and visitors.

In view of the global nature of the World Wide Web, “The User” understands and agrees that technical processing of tools of communication is (and may be) required to send and receive messages, to correspond/conform to the technical requirements of connecting networks, to correspond/conform to the limitations of “The Service”, or to correspond/conform to other, similar technical requirements.

User account, password and security

As part of “The Service’s” registration process you will provide us with current, complete and accurate information as requested by the registration form, including your e-mail address. You will then choose a password. You take total responsibility for maintaining the confidentiality of your password and account. You are also entirely responsible for any and all activities that occur under your account. You agree to notify Ever Clear Financials, LLC immediately of any unlawful/unauthorized use of your account or any other security violation. You agree to ensure that you exit from your account at the end of each session. You understand that Ever Clear Financials, LLC will not be liable for any loss or damage in any form incurred as a result of unauthorized usage of your account, with or without your knowledge. However, you could be held liable for losses or damages incurred by National Debt Relief, LLC or a third party as a result of your failure to comply with this clause. You also agree not to use anyone else’s account, at any time, without the prior permission of the account holder.

PRIVACY POLICY

Registration information and certain other information about you is subject to our Privacy Policy. For more information, see our privacy policy.

LIMITATION OF LIABILITY

You expressly understand and agree that to the extent permitted, Ever Clear Financials, LLC shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Ever Clear Financials, LLC has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute services resulting from any data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; or (v) any other matter relating to the Service.

CONTENT SPINNING AND AUTOMATIC CONTENT REPUBLICATION

Ever Clear Financials, LLC prohibits any third parties from repurposing (whether automatically or manually) any of its articles, posts, publications, blogs and other content found on its website without express written consent from senior management. Ever Clear Financials, LLC will enforce its copyright and other intellectual property rights to the full extent of the law, proceeding against violators. Notwithstanding the foregoing, it is permissible to feature an excerpt of up to 25 words of directly quoted text from any single article in a blog for discussion purposes, linking back to the full article text at everclearfinancials.com.

CONTENT PROVIDED TO THE SERVICE

Ever Clear Financials, LLC does not claim ownership of the “content” (in the form of data, text, software, music, sound, photographs, graphics, video, messages or other materials) you provide to Ever Clear Financials, LLC (including feedback and suggestions) or post, upload, privately transmit, input or submit to any Ever Clear Financials, LLC site or service for review by the general public. However, by posting, uploading, or making available content or any other material, you grant Ever Clear Financials, LLC and its affiliate sites permission to use your submission in connection with the operation of their Internet businesses, including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submission, and to publish your name in connection with your submission.

Auto Dialed Calls

By entering your contact information onto everclearfinancials.com you expressly request to receive information via telephone call and email (including through the use of an automatic telephone dialing system or artificial/prerecorded voice, even if your telephone number(s) is/are currently listed on any state, federal or corporate Do Not Call list). Consent is not a requirement to purchasing the goods or services that National Debt Relief Company is offering. Standard cellular data charges apply.

SMS Terms and Conditions

When you opt-in to the service, we will send you a text/SMS message (or MMS) confirming your signup. Message and data rates may apply. Message frequency will vary based on your use. Text ‘HELP’ for help. Text ‘STOP’ to cancel.

You can cancel this service at any time. Just text ‘STOP’ to 20702. After you send the message ‘STOP’ to us, we will send you a reply message to confirm that you have been unsubscribed. After this, you will no longer receive messages from us.

If you want to join again, just sign up as you did the first time and we will start sending messages to you again.

If at any time you forget what keywords are supported, just text “HELP” to 20702. After you send the message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe.

T-Mobile is not liable for delayed or undelivered messages.

As always, message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can call our toll free number 888-989-0023.

If you have any questions regarding privacy, please read our privacy policy.

What are Ever Clear Financials Account Alerts?

Ever Clear Financials Account Alerts delivered via 20702 provides high availability SMS communications regarding the following:

1. Upcoming Deposit Notifications
2. Deposit Confirmation
3. Document Approval Alerts

SMS messages sent through our 20702 dedicated short code are sent by employees to our customers for notification of either service events regarding the services provided.
Communications through our short codes services are on an opt-in basis. Calls to action will be advertised on the web to 20702. 20702 will not be marketed.

DISPUTES AND ARBITRATION/CLASS ACTION WAIVER

Any dispute relating in any way to your visiting this website or your use of any of the Services shall be submitted to confidential, binding arbitration in New York, NY, except that, to the extent you have in any manner violated or threatened to violate Ever Clear Financials, LLC’s intellectual property rights, Ever Clear Financials, LLC may seek injunctive or other appropriate relief in any state or federal court in New York, and you consent to exclusive jurisdiction and venue in such courts. Arbitration hereunder shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding, but subject to review in accordance with applicable statutes, rules and regulations governing arbitration awards and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration hereunder shall be joined to an arbitration involving any other party subject to these terms and conditions, whether through class arbitration proceedings or otherwise.

You may opt out of this Agreement to Arbitrate. If you do so, neither you nor we can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing, within 30 days of the date that you first began using this Site subject to these arbitration terms or changes to them, either by U.S. mail delivered to: Attn: Legal Department, National Debt Relief, LLC, P.O. Box 2011, New York, NY 10272 or by email delivered to success@nationaldebtrelief.com. You must include: (1) your name and residence address; (2) the email address and/or mobile telephone number associated with your account; and (3) a clear statement that you want to opt out of this agreement to arbitrate.