Disclaimer of Warranties
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. , STRATEGIC DEBT COACH ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITYUNDER NO CIRCUMSTANCES SHALL STRATEGIC DEBT COACH, ITS SUBSIDIARIES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF STRATEGIC DEBT COACH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME STRATEGIC DEBT COACH JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
INDEMNIFICATIONUpon a request by Strategic Debt Coach, you agree to defend, indemnify, and hold Strategic Debt Coach harmless and its subsidiary and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this site. Strategic Debt Coach reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with in asserting any available defenses.
INTERNATIONAL USEStrategic Debt Coach Makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
CHOICE OF LAW AND FORUMThese Terms of Use shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this site shall be filed only in the state or federal courts located in the State of California, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
SEVERABILITY AND INTEGRATIONUnless otherwise specified herein, this agreement constitutes the entire agreement between you and Strategic Debt Coach with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Strategic Debt Coach with respect to this site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
TERMINATIONStrategic Debt Coach Reserves the right, in its sole discretion, to terminate your access to all or part of this site, with or without notice.
UPDATE:
The Federal Trade Commission’s newly revised Guidelines Concerning the Use of Endorsements and Testimonials in Advertising which are effective December 1, 2009 require the following disclaimer with regard to the endorsements and testimonials included in this site:
None of the endorsements or testimonials included on this site depict savings, earnings, revenue or profit results that a consumer should generally expect to achieve by using the advertised products or services. They only demonstrate exceptional results and are not intended to guaranty or to suggest that you will obtain similar results.
The savings, earnings, revenue and profit results which a consumer will generally achieve in circumstances similar to those depicted in the endorsements and testimonials on this site depend on many factors and conditions, including but not limited to, loan type, default status, collection agency, negotiation skills, learning ability, use of the products and services, business experience, daily practices, market conditions, availability of financing, and legislations, to name a few. Because of impediments due to any one or more of the foregoing and other factors, it is generally expected that no savings, settlements, or anything will be achieved with the use of any products or services advertised on this site in circumstances similar to those referenced in any endorsement or testimonial. Each of the purchasers of our products and services who have provided their endorsement or testimonial for use on this site have received a refund in the amount of the cost of the product and service in exchange for their endorsement or testimonial. – YES I do give refunds for testimonials!
SPECIFIC DISCLAIMERS AS TO ‘RESULTS CLAIMS’, ‘SETTLEMENT CLAIMS’, OR ‘SAVING CLAIMS’ IN SALES AND PROMOTIONAL MATERIALS OR PRODUCT
If claims about results from using this product or if claims about settlement, savings, garnishment, or anything else resulting from the use of this product are made, such claims are true for the persons who made the claims, including claims made by the Seller about its own experience with the product.
However, Buyer cannot simply rely on these statements as being duplicable by Buyer because many factors affect results, including just dumb luck. Some people buy this product to save collection fees/interest, stop garnishments, getting taxes back, settlements, and, in fact it may not help you at all (my attorney told me to put this in). Some people buy this product and never read it or attempt to implement any of the strategies and ideas. Some folks seemingly take to it like a duck to water and can’t stop but to save money. Nothing promoted on this website should be construed as a ‘Get RESULTS quick’ scheme. The products Buyer is buying to learn how to take care of there student loans (seriously no legislations are made that will just “make it go away”) Buyer should not construe this as being the ‘average’ or usual success story. As is true in much of life, real success usually requires real work and some times dumb luck. Learning about the student loan collection industry and getting the knowledge can produce the best solutions for your circumstances. In no way am I showing you how to “avoid” paying your obligations.
If the product Buyer is purchasing is a physical product promoted for a particular purpose and if the promotional materials make claims about the results from the use of this product, Buyer hereby warrants his understanding that there exists some probability that the product will not deliver those same results to any particular Buyer and that the refund of the purchase price (subject to the return of the product to the Seller) is the full remedy for any Buyer who feels the product did not deliver the results claimed.
Where this disclaimer and claims made in sales and promotional materials or the product are in conflict, this Purchase Agreement shall be controlling except, and unless, the Seller deliberately misled the Buyer or if such construction would cause material inequity. The sole burden is on the Buyer to substantiate any deliberate deception. Buyer accepts the obligation to reimburse the Seller for all court costs, investigation costs, attorney fees, and all litigation-related costs in the event Buyer brings suit against the Seller and does not prevail in court or at arbitration.
No warranties are made whatsoever about the amount results of your student loans, if any, that Buyer will learn from this material or product or service and Buyer warrants an understanding that Buyer’s only course of action is to test this product and material for the extent of the refund period and request a refund if Buyer is not satisfied prior to its expiration.
Buyer, again, warrants an understanding that in any event, for any reason, no matter the amount of damages claimed, as a material part of the consideration for purchase of this product, the maximum amount of liability shall be the purchase price of the product.
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Mr. Kays Notes - Seriously I don’t have the magic pill. I’m sure you’ll agree that every circumstance on why you fell into default is different for everyone. You have to take care of your student loan. Currently the student loan collection industry is making too much money for the government to make a legislative change (http://www.fedspending.org/ )
On the last note… my attorney is making me say “buy this with your own risk” I will not be responsible for you taking my inside knowledge and miss using it by NOT making payments on your obligations.
For information please contact us at info@strategicdebtcoach.com.
