PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN YOU AND US ARE RESOLVED AND THAT LIMIT OUR LIABILITY.
By accessing this Site, using any of our services, or accessing any Site content, you agree to and are bound by these Terms and Conditions of Use (the "Terms"), including the dispute resolution and arbitration provisions described below, our Privacy Policy, and any additional policies or rules that may be posted on the Site from time to time.
If you do not agree to these Terms, you may not access or use the Site.
These Terms constitute a legally binding agreement between you and Five on Red LLC ("we," "us," or "our"). The Site is intended for use only by residents of the United States who are 18 years of age or older and who can form legally binding contracts under applicable law.
The Site provides lead generation and matching services that help connect consumers seeking debt relief information ("Users," "you," or "your") with third-party debt relief providers such as debt settlement companies, advisors, brokers, lead aggregators, and similar parties (each, a "Provider").
When you submit information through the Site, you authorize us to collect that information as a lead (a "Lead") and to disclose the Lead to one or more Providers so they may contact you with offers, options, or related information. We may receive compensation in connection with the disclosure of Leads to Providers.
We are not a debt relief company, attorney, or licensed financial advisor, and we do not provide debt settlement, legal, financial, tax, or credit advice. Providers are responsible for their own products, services, communications, and compliance obligations.
We do not guarantee that any Provider will contact you, that you will receive an offer, or that any debt relief program or service will be available to you.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.
Before initiating arbitration or a court action, you agree to attempt in good faith to resolve any dispute or claim arising out of or relating to these Terms, the Site, the services, or any Lead (each, a "Claim") by sending written notice describing the Claim and the relief sought ("Notice") to: privacy@fiveonredllc.com.
We will attempt to resolve the Claim informally. If the Claim is not resolved within 30 days after the Notice is received, either party may initiate arbitration as described below.
Except as set forth below, you and Five on Red LLC agree to resolve Claims through binding arbitration on an individual basis. This agreement to arbitrate is intended to be broadly interpreted and includes Claims based in contract, tort, statute, fraud, misrepresentation, or any other legal theory.
Class Action Waiver: You and we agree that Claims will be brought only in your individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate claims or preside over any form of class or representative proceeding.
This arbitration agreement does not prevent:
Arbitration will be administered by the American Arbitration Association ("AAA") under its applicable consumer arbitration rules (the "AAA Rules"), as modified by these Terms. The AAA Rules are available at adr.org. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.
Unless the parties agree otherwise, any arbitration hearing will take place in the county where you reside, or may be conducted by video or telephone as permitted by the AAA Rules.
Allocation of arbitration fees will be governed by the AAA Rules and applicable law. If required by law or the AAA Rules for consumer claims, we will pay required fees to the extent applicable.
You may opt out of this arbitration agreement by sending written notice to privacy@fiveonredllc.com within 30 days of first accepting these Terms. The notice must include your name, mailing address, and a clear statement that you do not wish to arbitrate disputes with Five on Red LLC.
To the extent a Claim involves a Provider arising out of your use of the Site or interactions enabled through the Site, Providers may be third-party beneficiaries of this Section 2 and may seek to enforce it where permitted by law.
We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Site and its content solely for your personal, non-commercial use and only as permitted by these Terms.
You agree not to:
We may suspend or block access to the Site for any suspected violation of these Terms.
If you submit information through the Site, you represent that the information is accurate and that you have the right to provide it. You understand that Providers may contact you using the information you submit.
Our collection and use of personal information is described in our Privacy Policy, which is incorporated by reference into these Terms. Please review it carefully.
By submitting a form on the Site, you may be asked to provide express consent to receive calls, texts, prerecorded messages, and emails from Five on Red LLC and/or Providers, including via automated technology, as described on the form at the time you submit your request.
Consent is not a condition of purchase. You may revoke consent as described in the communications you receive and as permitted by law.
THE SITE AND ALL CONTENT AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that the Site will be uninterrupted, error-free, secure, or free from harmful components.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL FIVE ON RED LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE OR THESE TERMS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED $200.
Some jurisdictions do not allow certain limitations; in those jurisdictions, liability will be limited to the maximum extent permitted by law.
You agree to indemnify and hold harmless Five on Red LLC from claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of or relating to your misuse of the Site, your violation of these Terms, or your submission of information through the Site.
The Site and its content are owned by or licensed to Five on Red LLC and are protected by intellectual property laws. You may not copy, reproduce, distribute, or create derivative works except as permitted by these Terms.
The Site may contain links to third-party websites or services. We do not control and are not responsible for third-party content, products, services, or privacy practices.
We may modify the Site or these Terms at any time. Changes will be effective when posted. Your continued use of the Site after changes are posted constitutes acceptance of the updated Terms.
These Terms are governed by the laws of the State of Delaware, without regard to conflict of laws principles, except that the Federal Arbitration Act governs the arbitration agreement.
If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect.
For questions regarding these Terms, please contact:
By using the Site and submitting forms electronically, you consent to receive disclosures and communications electronically, and you agree that your electronic actions constitute your electronic signature where applicable. You may print or save copies of these Terms and any disclosures for your records.
If you wish to withdraw consent to electronic communications, contact us at privacy@fiveonredllc.com. Withdrawal may limit your ability to use certain Site features.