Terms of Service & Legal Disclosures
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS-ACTION WAIVER IN SECTION 18 THAT AFFECT YOUR LEGAL RIGHTS. These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Flip My Debt, LLC ("Flip My Debt," "we," "us," or "our") governing your access to and use of the website located at flipmydebt.com and any related subdomains, pages, widgets, tools, or services operated by us (collectively, the "Services"). By accessing, browsing, or submitting information through the Services, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Services.
1. Acceptance of Terms
By accessing or using the Services, you represent and warrant that (a) you are at least eighteen (18) years of age; (b) you have the legal capacity to enter into a binding contract; (c) you are not barred from receiving the Services under applicable law; (d) you are a resident of the United States; and (e) all information you submit through the Services is true, accurate, current, and complete. If you access the Services on behalf of a company or other legal entity, you represent that you are authorized to bind that entity to these Terms.
2. Description of the Services
Flip My Debt operates a consumer-facing marketing and matching platform that allows individuals who are experiencing consumer debt challenges to submit basic information and, based on that information, to be contacted by independently owned and operated third-party debt-relief service providers ("Partners") that may be able to offer products or services that fit the individual's stated needs. The Services also include a separate intake form for debt-relief service providers who wish to apply to join our Partner network.
3. Flip My Debt Is Not a Lender, Creditor, Law Firm, or Tax Advisor
Flip My Debt is not a lender, creditor, debt collector, debt settlement company, credit repair organization, credit counseling agency, bankruptcy law firm, law firm of any kind, licensed attorney, enrolled agent, certified public accountant, or tax preparer. We do not make loans. We do not negotiate, settle, or forgive debts. We do not provide legal, tax, accounting, credit repair, or financial advice. We do not render professional opinions on any person's particular financial situation. We do not guarantee that any User will obtain any specific outcome, reduction of debt, approval for any product, or engagement with any Partner. All decisions regarding your debt, credit, or financial situation remain solely your own, and you are solely responsible for them. Any information provided through the Services is for general informational purposes only and is not a substitute for advice from a qualified professional licensed in your jurisdiction.
4. No Guarantee of Results; Results Vary
Any testimonials, statistics, case studies, or illustrations displayed on the Services are provided as illustrative examples only and are not a promise or guarantee of the results you will achieve. Individual results vary based on your specific circumstances, including the amount and type of your debt, your income, your creditor, applicable state law, and your personal choices. Debt relief of any kind may have adverse consequences, including but not limited to negative impact on credit scores, increased balances due to fees or accrued interest, potential tax liability on forgiven debt, potential legal action by creditors, and the possibility that not all debts will be resolved. Before engaging any Partner, you should carefully review that Partner's written disclosures, fee schedules, performance data, and any statutorily required contracts.
5. TCPA and Telephone Consumer Protection Act Consent
By submitting your telephone number through the Services and clicking any button labeled "Submit," "Flip my debt," "Continue," or similar, you expressly authorize Flip My Debt and its Partners to contact you at the telephone number provided, including any wireless number, for marketing and servicing purposes related to your inquiry, using an automatic telephone dialing system ("autodialer"), artificial or prerecorded voice messages, or SMS text messages, even if your number is listed on any federal or state Do Not Call list, internal do-not-call list, or similar registry. You understand and agree that:
- Consent to receive autodialed, prerecorded, or SMS messages is not a condition of purchasing any product, good, or service;
- Standard message and data rates may apply to SMS text messages from your wireless carrier;
- You may revoke consent to autodialed or prerecorded telemarketing calls and texts at any time by replying "STOP" to any text message or by emailing donotcontact@flipmydebt.com;
- We and our Partners are permitted to communicate with you by email at the address you provided in connection with the transaction you initiated.
You further acknowledge that the form of consent set forth above is intended to satisfy the written-consent requirements of 47 C.F.R. § 64.1200 (as amended), 47 U.S.C. § 227, and analogous state statutes (including but not limited to Florida's Telephone Solicitation Act, Washington's Commercial Electronic Mail Act, and Oklahoma's Telephone Consumer Protection Act).
6. Lead Transfer; Independent Partners
Information you submit through the Services may be transferred in whole or in part to one or more Partners selected by us based on criteria such as your state of residence, debt type, estimated debt amount, and Partner capacity. Each Partner is an independent business that is solely responsible for its own services, advertising, compliance, fees, contracts, and communications. Flip My Debt does not control the Partners, does not supervise their practices in real time, does not guarantee their results or satisfaction, and is not a party to any agreement you may enter with a Partner. Your acceptance of services from any Partner creates a separate contractual relationship between you and that Partner that is governed by the Partner's own terms, disclosures, and any applicable state or federal law.
7. Eligibility; User Representations
You represent and warrant that (a) you are submitting information about yourself and not about another person without that person's consent; (b) you are the subscriber to or a customary user of any telephone number you provide; (c) you have all rights necessary to provide the information you submit; (d) the information you provide is true, accurate, and not misleading; and (e) your use of the Services does not violate any law, regulation, contract, or third-party right.
8. Electronic Communications and Electronic Signatures
You consent to receive communications from us in electronic form, including emails, text messages, and notices posted on the Services, and you agree that all agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing. You further consent to the use of electronic signatures, contracts, orders, and other records, and to the electronic delivery of notices, policies, and records of transactions initiated or completed through the Services, as permitted under the federal Electronic Signatures in Global and National Commerce Act ("E-SIGN Act") and the Uniform Electronic Transactions Act ("UETA") as adopted in your state.
9. Intellectual Property; Limited License
All content, code, text, graphics, logos, designs, images, animations, user interfaces, audio, software, and other materials available through the Services (collectively, "Content") are owned by Flip My Debt or its licensors and are protected by United States and international copyright, trademark, and other intellectual property laws. Subject to your compliance with these Terms, Flip My Debt grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services and the Content solely for your personal, non-commercial purposes. All rights not expressly granted are reserved. You may not (a) copy, reproduce, republish, upload, post, transmit, distribute, modify, create derivative works of, publicly display, publicly perform, or otherwise exploit the Content without our prior written consent; (b) reverse-engineer, decompile, or disassemble any portion of the Services; (c) use any data-mining, robots, scrapers, or similar tools; (d) remove or alter any proprietary notices; or (e) frame or mirror any portion of the Services.
10. Prohibited Conduct
You agree not to (a) violate any applicable law or regulation; (b) submit any information that is false, fraudulent, misleading, defamatory, obscene, or invasive of another's privacy; (c) impersonate any person or entity or misrepresent your affiliation with any person or entity; (d) interfere with or disrupt the Services or any servers or networks connected to the Services; (e) introduce viruses, worms, Trojan horses, or any other malicious code; (f) attempt to gain unauthorized access to any portion of the Services or any related systems; (g) use the Services to transmit any advertising or promotional material without our prior written consent; or (h) collect or harvest information about other users.
11. Third-Party Content and Services
The Services may contain links to third-party websites, advertisements, or services, including those of Partners. We do not endorse, control, or assume responsibility for any third-party content or services. Your use of any third-party site or service is at your own risk and is governed by that third party's terms and privacy practices.
12. Disclaimers of Warranties
THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. To the maximum extent permitted by applicable law, Flip My Debt disclaims all warranties, express, implied, statutory, or otherwise, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, or quiet enjoyment, and any warranties arising out of course of dealing, course of performance, or usage of trade. Without limiting the foregoing, we do not warrant that (a) the Services will meet your requirements; (b) the Services will be uninterrupted, timely, secure, or error-free; (c) the results obtained from the Services will be accurate or reliable; (d) any defects in the Services will be corrected; or (e) any particular Partner will contact you or provide you with any particular product, service, or outcome.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FLIP MY DEBT, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR ANY OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED ONE HUNDRED U.S. DOLLARS ($100.00). Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages; in such jurisdictions, the foregoing limitations shall apply to the maximum extent permitted by law.
14. Indemnification
You agree to defend, indemnify, and hold harmless Flip My Debt, its affiliates, and its and their respective officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to (a) your violation of these Terms; (b) your use of the Services; (c) any information you submit through the Services; (d) your violation of any law or the rights of any third party; or (e) any dispute between you and any Partner or other third party.
15. Termination
We may suspend or terminate your access to the Services at any time, for any reason or no reason, with or without notice, including without limitation if we suspect fraudulent, abusive, or illegal activity. Upon termination, the provisions of these Terms that by their nature should survive (including without limitation ownership provisions, warranty disclaimers, limitations of liability, indemnification obligations, and the arbitration clause) shall survive.
16. Changes to the Services or Terms
We reserve the right to modify, suspend, or discontinue the Services (or any part thereof) at any time, with or without notice, and without liability to you or any third party. We also reserve the right to modify these Terms at any time by posting the revised Terms on this page. Your continued use of the Services following the posting of revised Terms constitutes your acceptance of the changes. You should review these Terms periodically.
17. Governing Law; Venue
These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles, and by applicable federal laws of the United States. Except for disputes subject to arbitration under Section 18, you and Flip My Debt agree to submit to the exclusive jurisdiction and venue of the state and federal courts located in New Castle County, Delaware, and you waive any objection to the exercise of personal jurisdiction in those courts.
18. Binding Arbitration; Class-Action Waiver
READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.
(a) Agreement to Arbitrate. You and Flip My Debt agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or the relationship between you and Flip My Debt (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, and not by lawsuit or in any other type of court proceeding, except as set forth below.
(b) Class-Action Waiver. YOU AND FLIP MY DEBT 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 Flip My Debt agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
(c) Small-Claims Exception. Notwithstanding the foregoing, either party may bring an individual action in small-claims court for disputes within the scope of that court's jurisdiction.
(d) Opt-Out. You may opt out of the arbitration agreement and class-action waiver by sending written notice of your decision to opt out to legal@flipmydebt.com within thirty (30) days of first accepting these Terms. Your notice must include your name, address, and an unambiguous statement that you wish to opt out of arbitration. If you opt out, neither you nor Flip My Debt may require the other to arbitrate.
(e) Severability. If any portion of this arbitration agreement is found to be unenforceable, the remainder shall remain in full force and effect, except that if the class-action waiver is found unenforceable as to a particular claim for relief, that claim (and only that claim) shall be severed and brought in court.
(f) Federal Arbitration Act. This arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.
19. Notices
Notices to Flip My Debt must be sent in writing to legal@flipmydebt.com. Notices to you will be sent to the email address you provided or, if applicable, by posting on the Services.
20. Severability; No Waiver; Assignment
If any provision of these Terms is held to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. You may not assign, transfer, or sublicense these Terms or your rights hereunder without our prior written consent. We may assign or transfer these Terms at any time without notice or consent.
21. Entire Agreement
These Terms, together with the Privacy Policy and any other legal notices and agreements published by Flip My Debt through the Services, constitute the entire agreement between you and Flip My Debt concerning the Services and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and Flip My Debt.
22. Contact
Questions or notices regarding these Terms should be directed to:
Flip My Debt, LLC
Attn: Legal Department
Email: legal@flipmydebt.com
Note: These Terms are provided as a template. Before launching in production, have a qualified attorney review them for accuracy, completeness, and compliance with all applicable federal and state laws, including the FTC Telemarketing Sales Rule, state debt-relief advertising laws, the TCPA, the Credit Repair Organizations Act, and applicable consumer-protection statutes in each state where you operate.