Online Terms of Service and Website Access and Usage (www.centuryss.com)

Last updated: May 2024

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AGREEMENT BETWEEN USER AND CENTURY SUPPORT SERVICES - 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.

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. Disputes pertaining to this Site and our Service defined below are determined by arbitration. Please see the arbitration and class action waiver provisions below.

Century Support Services (CSS) may provide you, (the “User” or “you”), with access to its content, resources, tools for communication, public forums, commerce platforms, and other services through its network of websites (the “Service”). CSS provides the Service to the User, subject to the following Terms, which you accept by accessing CSS websites.

CSS 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 CSS to provide the Service. You also comprehend and agree that CSS makes no warranty or representation about the suitability, reliability, availability, timeliness, 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. CSS hereby disclaim all warranties and conditions with regard to the Service.

This Site and our Service are only available to those individuals who are 18 years of age or older and who live in the United States. If you are younger than 18 years old and/or live outside of the United States, please leave this Site.

Further Description of the Service

CSS’s Site provides information regarding CSS ‘s debt resolution services, which include debt negotiation and settlement service, as well as any other related services performed by CSS or its affiliates. In order to use the Site, you must obtain access to the world wide web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the worldwide web, including a computer and modem or other access device.

ELIGIBILITY

Use of the Service is limited to parties that lawfully can enter into and form contracts under applicable law. For example, minors are not allowed to use the Service. If you are 17 years of age or younger, you must immediately navigate away from this Site by clicking here.

ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE

By using the Services or otherwise accessing the CSS websites, you agree to be bound by all terms and conditions hereof and all policies and guidelines incorporated by reference The Service is provided to you, the User, under the terms and conditions and any amendments thereto and any operating rules or policies that may be published from time to time by CSS as part of the Terms of Service/Legal Disclaimer and related disclosures which are cumulatively included herein by reference. The CSS Terms of Service comprises the entire agreement between the User and CSS as pertaining to the Services and supersedes any prior agreements pertaining to the subject matter contained herein.

MODIFICATION OF THESE TERMS OF USE

CSS 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 and conditions, 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

“CSS” 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 CSS 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 online account access, content viewing, 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 and/or information/assistance submission form (such data being the “Registration Information)” (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, CSS has the right to terminate the User account and refuse any and all current or future use of the Service. (c) CSS has 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 to CSS having 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) 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; (f) 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; (g) 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; or (h) Reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion, use or access of the Service.

CSS has no obligation to observe and monitor the Service. However, CSS reserves the right to review materials posted and to remove any material/s. CSS also reserves the right to terminate your access to any or all of the Services, at any time, without notice, for any reason whatsoever. CSS 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. 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 & SECURITY

As part of the Service’s registration process, to the extent requested, you will provide us with current, complete and accurate information as requested by the registration form. You will then choose a user name and 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 CSS 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 CSS 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 CSS 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.

LINKS ON/IN THE SERVICE

The Service or third parties may provide links to other worldwide web sites or resources. Because CSS has no control over such sites and resources, you acknowledge and agree that CSS is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, information, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that CSS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

CSS’S PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by CSS, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

PRIVACY POLICY

Registration information and certain other information about you is subject to our Privacy Policy. For more information, see our Privacy Policy, which you may access here.

LIMITATION OF LIABILITY

You expressly understand and agree that to the extent permitted under law, CSS 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 CSS 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 goods and services resulting from any goods, 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.

INDEMNITY

You agree to indemnify and hold CSS, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand including reasonable attorneys’ fees, which any third party may make due to or arising out of content you submit, post to or transmit through the Service, your use of the Service, your connection to the service, your violations of these terms of use (whether alleged or otherwise), or your violation of any rights of another, whether direct or indirect (including without limitation claims for misrepresentation or malpractice).

CONTENT PROVIDED TO THE SERVICE

CSS 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 CSS (including feedback and suggestions) or post, upload, privately transmit, input or submit to any CSS site or service for review by the general public. However, by posting, uploading, or making available content or any other material, you grant CSS and its affiliate sites unrestricted and irrevocable 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.

Copyright Infringement Policy.

In accordance with the requirements set forth in the Digital Millennium Copyright Act, Title 17 United States Code Section 512(c)(2) (“DMCA”), Company will investigate notices of copyright infringement and take appropriate remedial action. If you believe that any Content on www.centuryss.com has been used or copied in a manner that infringes your work, please provide a written notification of claimed copyright infringement to the Designated Agent for the Site containing the following elements as set forth in the DMCA:

a physical or electronic signature of the owner of the copyright interest that is alleged to have been infringed or the person authorized to act on behalf of the owner;

identification of the copyrighted work(s) claimed to have been infringed, including copyright date;

identification of the Content you claim to be infringing and which you request be removed from the Site or access to which is to be disabled along with a description of where the infringing Content is located;

information reasonably sufficient to allow us to contact you, such as a physical address, telephone number and an email address;

a statement by you that you have a good faith belief that the use of the Content identified in your written notification in the manner complained of is not authorized by you or the copyright owner, its agent or the law; and

a statement by you that the information in your written notification is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on behalf of the copyright owner.

Company’s designated agent for the written notification of claims of copyright infringement can be contacted at the following address:

Designated Agent – Copyright Infringement Claims

Attention: James Navarre
Century Support Services, LLC
2000 Commerce Loop, Suite 2111
North Huntingdon, PA 15642
1-888-913-8784

APPLICABLE LAW

By visiting CSS, you agree that the laws of the Commonwealth of Pennsylvania, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and CSS.

GOVERNING LAW AND DISPUTE RESOLUTION--ARBITRATION AND CLASS ACTION WAIVER

HOW WE AGREE TO RESOLVE DISPUTES—MANDATORY ARBITRATION OF ALL CLAIMS AND DISPUTES: THIS SECTION PROVIDES IMPORTANT INFORMATION ABOUT BINDING ARBITRATION. UNLESS YOU OPT-OUT OF THIS ARBITRATION AGREEMENT BY E-MAILING info@centuryss.com WITHIN 30 DAYS OF FIRST VISITING THE WEBSITE, YOU AND WE SHALL BE BOUND BY THIS BINDING AGREEMENT TO ARBITRATE ANY CLAIMS, AND GIVE UP ALL RIGHTS TO SEEK RELIEF IN THE COURTS EXCEPT AS PROVIDED HEREIN TO ENFORCE ANY ARBITRATION AWARD. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania, and any Conflict of Law provisions thereunder. In the event of any controversy, claim, or dispute between the parties arising out of or relating to this Agreement, the parties agree to resolve all issues solely through the use of binding Arbitration, governed by the rules of the American Arbitration Association (“AAA”) pursuant to the Federal Arbitration Act. Any such Arbitration shall take place within Huntington County, Pennsylvania or at such other location as the parties may agree, and shall be conducted by a mutually agreed upon Arbitrator. The arbitrator shall be neutral, independent, and shall comply with the AAA code of ethics. The arbitrator or arbitration panel shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability or formation of this Agreement and of this arbitration requirement. The award rendered by the Arbitrator shall be final, binding on all parties, but subject to review in accordance with applicable statutes, rules and regulations governing arbitration awards. Judgment on the award made by the Arbitrator may be entered into any court having jurisdiction over the parties. If either party fails to comply with the Arbitrator’s award, the injured party may petition the Circuit Court )or other applicable court) for enforcement. The parties further agree that either party may bring claims against the other only in his/her, or its individual capacity and not as a Plaintiff or class member in any purported class action or representative proceeding. Further, the parties agree that the Arbitrator may not consolidate proceedings of more than one person’s claims, and may not otherwise preside over any form of representative or class proceeding. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. In the event that a party fails to proceed with Arbitration, unsuccessfully challenges the Arbitrator’s award, or fails to comply with the Arbitrator’s award, the other party shall be entitled to costs of suit, including reasonable attorneys’ fees for having to compel Arbitration or defend or enforce the award. This section and the arbitration requirement shall survive termination of Services or the Agreement.

DISPUTE RESOLUTION BY BINDING ARBITRATION

1. AGREEMENT TO ARBITRATE. IN THE EVENT OF ANY CONTROVERSY, CLAIM OR DISPUTE BETWEEN YOU AND US (FOR PURPOSES OF THIS DISPUTE RESOLUTION BY BINDING ARBITRATION AGREEMENT, “US” INCLUDES, BUT IS NOT LIMITED TO, OUR AGENTS, CONTRACTORS AND REPRESENTATIVES) ARISING OUT OF OR IN ANY WAY RELATING TO THE AGREEMENT OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY OF THE AGREEMENT, INCLUDING ANY DETERMINATION OF THE SCOPE, ENFORCEMENT OR APPLICABILITY OF THIS EXHIBIT D, WE AGREE TO ARBITRATE SUCH DISPUTE IN THE FEDERAL COURT DISTRICT IN WHICH YOU RESIDE OR AT SUCH OTHER LOCATION UPON WHICH WE MAY AGREE. BY AGREEING TO ARBITRATION, WE BOTH ACKNOWLEDGE AND AGREE THAT WE ARE EACH WAIVING OUR RIGHT TO (I) USE ANY OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION OR ADMINISTRATIVE PROCEEDING, (II) PARTICIPATE IN A CLASS ACTION, AND (III) A TRIAL BY JURY. THE AGREEMENT EVIDENCES A TRANSACTION IN INTERSTATE COMMERCE; THUS, THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF OUR AGREEMENT TO ARBITRATE. NOTWITHSTANDING THE FOREGOING ACKNOWLEDGEMENT, EITHER PARTY TO THIS AGREEMENT MAY CHOOSE TO BRING AN ACTION IN A SMALL CLAIMS COURT, TRIBUNAL, OR SIMILAR FORUM PURSUANT TO SECTION 7 OF THE DEBT SETTLEMENT AGREEMENT. THIS AGREEMENT TO ARBITRATE WILL SURVIVE TERMINATION OF THE ASSOCIATED DEBT SETTLEMENT AGREEMENT.

2. Governance; Opt-Out. As indicated above, this Dispute Resolution By Binding Arbitration agreement shall be governed by the provisions of the Federal Arbitration Act (“FAA”). You will have thirty (30) days from the date you sign this agreement to opt out of the terms of this Dispute Resolution By Binding Arbitration agreement, which you must do by notifying us in writing as follows:

By Email: info@centuryss.com, please put "Arbitration Opt-Out" in the subject line; or By US Mail: Century Support Services, LLC, ATTN: Arbitration Opt-Out, 2000 Commerce Loop, Suite 2111, North Huntingdon, PA 15642.

You understand that if you opt out of this Dispute Resolution By Binding Arbitration agreement, you will be responsible for your own legal costs and attorney's fees, subject to applicable law.

3. Notice. A party who intends to seek arbitration must first send to the other party a written Notice of Dispute in accordance with the provision entitled “Notice” in Section 7 of the Agreement. The Notice must describe both the nature and basis of the dispute; and the specific relief sought.

4. Commencement and Rules of Arbitration. If we do not resolve a claim within 30 days after receipt of the Notice, the party sending the Notice may commence an arbitration proceeding with the American Arbitration Association (“AAA”); if AAA is unavailable another arbitration entity such as JAMS will be used. The AAA shall appoint the arbitrator and shall administer the arbitration proceeding pursuant to its Consumer Dispute Resolution Procedures (“AAA Rules”), as modified by this Exhibit D to the Agreement. The AAA Rules are available at www.adr.org. The amount of any settlement offer shall not be disclosed to the arbitrator until after the arbitrator has determined the amount, if any, to be awarded.

5. The Arbitration Award. Any award rendered by the arbitrator shall be final and binding on all parties, but subject to review in accordance with applicable statutes, rules and regulations governing arbitration awards. Judgment on the Arbitration Award may be entered in the jurisdiction in which the arbitration was commenced or in any court having jurisdiction over the party against whom judgment is to be entered. If a party fails to comply with the arbitration award, the other party may petition in any court of competent jurisdiction for enforcement in the jurisdiction in which the arbitration was commenced or that has jurisdiction over the party against whom enforcement is sought.

6. Limitation of Arbitration to Individual Claims; No Class Actions.A party may bring claims against another party only in its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. The parties agree that the arbitrator may not consolidate proceedings of more than one person's claims, and may not otherwise preside over any form of representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

7. Costs of Arbitration. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. In the event that a party fails to proceed with Arbitration, unsuccessfully challenges the Arbitrator's award, or fails to comply with the Arbitrator's award, the other party shall be entitled to costs of suit, including reasonable attorneys' fees for having to compel Arbitration or defend or enforce the award.