Terms and Conditions

You have now entered Collect Co™ by Cedar Financial’s  (“Cedar” “We”, “Us”, or “Our”) website at https://collectco.com/   (“Site” or “Website”). 

Please review these terms and conditions (“Terms” or “Agreement”) carefully. These terms are applicable to visitors of this Site and constitutes a legally binding contract that affects your rights and limits our liabilities. By accessing this Site and any pages related to this Site, you agree to be bound by these Terms. If you do not agree to these Terms, please do not access this Site or any pages related to this Site. Your access is subject to final determination by, as applicable, Cedar. 

General Terms  

Through this Site you will be able to access certain information about Cedar and its services (the “Service” or “Services”) or of its affiliates (each, an “Affiliate”) made available through this Site, which are delivered subject to these Terms, Privacy Policy and Service Agreement which are incorporated by reference herein. The term “Affiliate” means any parent or subsidiary or sister company of Cedar, and any present or future company that controls, is controlled by, is under common control with Cedar, or a third party that provides Cedar with services to support or facilitate the Services provided to you. In these Terms, “you” and “your” refer to the individual user and as applicable, the entity you represent, while accessing or using this Site. You or we may also be referred to as a “Party” or as the “Parties.” If you are accessing this Site, regardless of the method, it means you have expressly agreed to these Terms, Privacy Policy and Service Agreement which are incorporated by reference herein. The terms “Service” or “Services” also include any Service accessed through a mobile application specifically related to the Service, whether such mobile application is published by Cedar or can access other Services or the Site generally, and these Terms govern use of such a Service through such mobile application. 

You acknowledge that this Site is the sole property of Cedar. In using any webpage, website, or other aspect of this Site, you hereby agree to be bound by these Terms. Service may be used through the Site only after: (1) you agree to these Terms; (2) you accept any other agreement and/or other agreement(s) required to receive the Service; and (3) you accept the agreements, instruments, rules, standards, policies, instructions, and other documents and forms required to receive and use the Service. 

Cedar offers the Site to you only based on your acceptance of these Terms, Privacy Policy and Service Agreement without any adjustment nor any modification. Cedar reserves the right and may, from time-to-time, make changes to Services or these Terms. Any changes or modifications to the Terms, Privacy Policy and Service Agreement will be effective upon being uploaded to the Site. We will notify you of any material change only if it is expressly required by any applicable law. You acknowledge that it is your sole responsibility to periodically review these Terms, Privacy Policy and Service Agreement to remain apprised of any changes, revisions, or updates. Your ongoing and/or continued use of Services or this Site, following any revision, change, modification, or update to these Terms, constitutes your acceptance of the modified terms related to Services and/or this Site. 

We reserve the sole right to either modify or discontinue the Site, including any features therein, at any time with or without notice to you. We shall not be liable to you, or any third party should we exercise such a right. Modifications may include any new features that augment or enhance the then-current services on this site shall also be subject to these Terms. 

You understand and agree that temporary interruptions of the services available through this Site may occur as normal events. You further understand and agree that we have no control over third-party networks you may access during your use of this Site, so delays and disruption of other network transmissions are beyond our control.   

You understand and agree that the Site and services available on this Site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalization settings. 

You agree that Cedar may assign or delegate any or all of its rights and responsibilities under these Terms, Privacy Policy and Services Agreement, to any other party, without notice to you and without your consent, and any Services, rights or responsibilities so assigned or delegated may be exercised or performed by either Cedar, its Affiliates, or the third party so assigned or delegated. 

By using this Site to access your client account at https://collectco.com/ and avail the Services (this includes making purchases for the Services as well) being provided to you therein, you warrant and represent that you are solely accessing an account that belongs to you or have the delegated legal authority to act on behalf of the actual accountholder to provide this warranty and representation. If you believe you received an invitation to this Site in error, you agree not to access this Site or and immediately notify Cedar by writing to 5230 Las Virgenes Rd., Suite 210, Calabasas, CA 91302, calling 888-970-5265 or sending electronic mail with notice of such error to [email protected]. 

Using Services 

This Site contains information about Collect Co™ and the services provided under it You as a Client with accounts at Collect Co™ will be able to view their profile, review status of their files, add/remove debtor accounts placed for collections or to be placed for collections and report any direct payments, however availability of these options and accessibility is subject to Your acceptance of separate terms, set forth in Services Agreement incorporated by reference herein, that govern the Services (account receivables management and debt collection services) as well as the aforementioned. You may view information from this Site for your professional use only. You may not make any alterations or modifications to the information contained on this Site other than where it is expressly allowed by Cedar. You understand and acknowledge that you are solely responsible for any actions you take in connection with your use of the Site, Services, and any data, material, or information (“Data”) you share through the Site. You agree not to reproduce, transmit, disseminate, broadcast, circulate, republish, duplicate, sell, modify, upload, post, or otherwise distribute or commercially exploit the Site, or any portion of the content of the Site, in any way.

You may not link to this Site without the permission of Cedar. You agree not to store, upload, or transmit to or via the Site any Data that: (a) infringes upon, or violates any copyright, patent, trademark, trade secret, data privacy, or other proprietary right; (b) is defamatory, libelous, or threatening; (c) is known by you to be false, misleading, illicit, or inaccurate; or (d) violates any applicable law, treaty, or regulation. You agree you will neither upload nor transmit to the Site any Data containing any virus, worm, or other harmful feature. You agree not to interfere, in any way, with others’ use of the Services and you will not attempt to gain unauthorized access to the account, computer system, Services or Data of another user or use this Site for any improper or illegal purpose. 

In addition to the above, you are prohibited from: (a) engaging in any act where you know, or have reason to know, that such act may disrupt the Site’s functionality; (b) translating, decompiling, reverse engineering, or otherwise attempting to obtain access to source code of any software located on the Site (the “Software”); or (c) using the Site in any way that violates local, state, federal, or international law. Without limiting the foregoing, certain Software may be subject to export controls imposed by the U.S. and may not be downloaded or otherwise exported or re-exported to (a) a country subject to U.S. embargo (or otherwise shared or sent to any national or resident of that country); (b) any person listed on the Office of Foreign Assets Control (“OFAC”) Specially Designated Nationals (“SDN”) list; or (c) any person, entity or country mentioned under the U.S. Commerce Department’s Table of Denial Orders. If you use the Software, Site or Services, you represent and warrant that you are not on any of the above-referenced lists or otherwise located in, or subject to the control of, any such country on any of the foregoing lists, and you hereby represent and warrant that you are not located in a country that has been designated by the U.S. Government as a “terrorist supporting” country and you are not listed on any U.S. Government list of prohibited or restricted parties. 

Components of the Site and Services are available to all persons with an account at Collect Co™, and who completed Collect Co™ ’s account setup requirements and accepted the Terms hereunder. However, Cedar reserves the right to determine your eligibility for Services and use of this Site and as such, you may not be eligible for some or all the Services. 

You may use information related to Services and this Site made available to you by Cedar, in connection with downloading from the Site, provided that you: (a) do not remove any proprietary or legal notice language in such documents; (b) use such information only for your commercial, non-personal informational purpose and do not copy or post such information on any networked computer or broadcast it in any medium; (c) make no modifications to such information; (d) do not make any additional representations or warranties to any party in connection with your use of such documents; and, (e) adhere to the Terms hereunder as well as in all the documents incorporated by reference herein. You agree not to use or construe any information obtained from Cedar or its Affiliates, whether from these Terms, through Services, or otherwise, as legal advice and you will seek independent legal counsel when you have a legal question concerning your account with Cedar and in relation to Services being provided by Cedar to You.  

The Services, as applicable, may only be offered in certain jurisdictions where they may be legally offered by Cedar in its sole discretion. The Site is not intended for distribution to, or use by, any person in any jurisdiction or country where such distribution or use would be restricted, prohibited, or otherwise contrary to law or regulation. 

When we supply you documents pursuant to a legally valid requirement or at your written request on an Account placed, they will be uploaded on Collect Co™ from where you may view and download them. If we receive an e-mail or letter from a third party on your behalf, you give Cedar permission to receive and review that communication, send it to you, and later communicate with the sender. 

You agree not to use any language or engage in behavior perceived by another as bullying or use disparaging remarks or comments in your communications with Cedar, its Affiliates, or third parties concerning the Site or Services. You agree not to communicate with Cedar or use the Site or Services while driving and not to use them for illegal purposes or in a way that is harassing, damaging to others, invasive of another’s privacy, abusive, threatening, sexually explicit, pornographic, or obscene, or in any way that infringes on the rights of others. If you decide to rate Cedar or its Affiliates, you agree that it will be solely based on your experience with Cedar or its Affiliates. You agree not to use the Site or Services in unintended ways including trying to expose Cedar or its Affiliates to legal action.

Information You Provide 

Through this Site and other communications with Cedar, you can provide information to contact you and communicate about your Accounts placed with Us for provision of Services. You warrant and represent that any information you provide is yours, is up-to-date and is accurate. By providing information to us you consent to share it with our Affiliates and vendors to communicate with you and retrieve additional information from third parties using the information you provided. It is solely your responsibility to ensure that the information you have provided to us is up-to-date and accurate. You agree to correct any inaccurate information you identify, regardless of its source, by notifying us immediately upon noticing the inaccuracy, providing a statement detailing the information to be corrected, and providing the new information that should be used to make the necessary corrections. You agree not to provide false, inaccurate, or incomplete contact information and inform us upon noticing any inaccurate information. We will not be held liable for any error in delivering the Service or features of this Site based on your providing inaccurate information.  

You may update or correct your e-mail address or some of your other contact information by writing to 5230 Las Virgenes Rd., Suite 210, Calabasas, CA 91302, calling 888-970-5265 or sending e-mail to [email protected].

You agree not to communicate any sensitive personally identifiable information through this Site, whether using chat features or other communication channels such as contact forms. You understand that communicating electronically is not the safest method of communication and there are alternative communication methods available to you. If you choose to communicate through this Site, whether through chat (with live agents or AI bot applications) or other available methods, you consent to recording of such conversations for our use as provided below. You also understand and acknowledge that, while you should never communicate sensitive personal information through chat or other electronic communication channels, it is still possible for you to communicate sensitive personal information through such channels, the contents of which may be recorded and learned by Cedar, its Affiliates, its vendors, or third parties with access to such recordings. By accessing this Site or any of its pages or communicating with us through this Site or its features, you expressly consent to recording the contents of your communication(s), including any sensitive personal information you provide, and our use of your information in accordance with these Terms and our Privacy Policy.    

Use of Your Information 

By accessing this Site or using the Services, you understand that Cedar and its Affiliates and vendors may collect and retain certain information, including sensitive personal information, from You. You expressly agree to Cedar and its Affiliates and vendors recording chat conversations, electronic communications, sessions, interactions, heatmaps, and the like, about you or your device from your use of this Site or its features  and use of that information to provide Services and perform obligations under the Services, for identity verification and fraud avoidance, or for other purposes, in accordance with Cedar’s policies or as may be required by applicable law. The type of information Cedar or its Affiliate may collect, retain and use includes, but is not limited to, your name, address, phone number(s), email address, payment information you provide to make purchases of Service Packages, and the IP address of the computers(s) and device(s) you use to access the Site.  

The information may be stored in the United States or other countries and is protected in accordance with Cedar’s information security standards. Please see our Privacy Policy, which is incorporated herein by reference, for more information about how we treat your data. Our Privacy Policy is regarding information collected only directly through or from our Site or Services and it does not address or govern any information gathering, use, or dissemination practices related to information collected other than directly through or from the Site, including, without limitation, from or via telephone, facsimile, postal mail, personal delivery, or other or additional offline means or media. 

By accessing this Site, you expressly agree to the Terms contained herein, the terms of our Privacy Policy and Services Agreement, and the way we treat or use your information. You agree to us collecting the IP Address for internal security and other proprietary purposes even if you have included a Do Not Track request. You also agree to us sharing your information with our vendors, affiliates, and subcontractors, as necessary, to help facilitate our services, including but not limited to those who assist with mail, e-mail, SMS, MMS, data storage, database management, security, payment processing, auditing, compliance, legal services, information providers, communication services, and the like. 

The above excludes text messaging originator opt-in data and consent; this information will not be shared with, or sold to, any third parties.

You agree that Cedar or its Affiliate may send you e-mails to the e-mail address you have provided to Us. You agree to Cedar and its Affiliate’s use of live calls, automated telephone dialing systems, pre-recorded messages, artificial voice message calls, messages through social medial platforms, and ringless voicemails to contact you, regardless of whether we are attempting to contact you on your cell phone or landline. 

You agree that if you consent to receive text messages (SMS and MMS) through the Collect Co™ opt-in process, we will communicate account information via text.  Message frequency varies.   You may opt-out any time to stop text communications.  Message and data rates may be applied by your wireless provider for messages sent to you and for messages you send to Cedars.

When you provide us with any form of contact information, even if through a social media platform or third-party service provider, you consent to be contacted by Cedar or its Affiliates, to the extent permitted by applicable law, using the contact information you provide regardless of the method used. Alternatively, we may obtain your contact information from other sources including the relevant public business entity registry, social media, or company/affiliate website. Thus, unless you request that we stop communicating using information we obtained from other sources, you agree that Cedar, its vendors, and its Affiliate may continue to use such information to continue communicating with you using any of our available communication methods. Except for telephone and text messages, you consent to Cedar or its Affiliates contacting you using any communication method at any time.

You represent that you are the owner of the mobile phone number and email address you provide to us or have the delegated legal authority to act on behalf of the mobile and/or email subscriber to provide this consent. You may incur charges from your wireless carrier or other service provider when we attempt to communicate with you. You consent and authorize us to monitor, record, and store records of communications you have with us and with our representatives for any reasonable business purposes.

By using the Site, you acknowledge and agree that Cedar or its Affiliate may place cookies on the computer(s) or device(s) you use to access the Site, and in accordance with our Terms, Privacy Policy and Service Agreement incorporated by reference herein, collect, transmit, store, and use technical, location, and login or other personal data and related information, including but not limited to technical information about your device, system and application software, and peripherals, and information regarding your location to provide services. Cookies help us confirm your identity and help us keep your transactions secure when you visit the Site or use the Services. We also use cookies for various purposes, such as maintaining continuity during an online session, gathering data about your use of the Site and other websites, or optimizing the performance of the Site.  

We will comply with applicable laws concerning production of documents and files pursuant to subpoenas, court orders, investigations, and requests by state or federal governmental agencies and regulators. In complying with such requests for production of documents, we will furnish information to the extent legally required by such requests. You consent to us furnishing your information in this regard.  

If you do not agree with how we may use your information gathered by use of this Site, you may revoke your consent at any time by discontinuing your use of the Site and informing Cedar by writing to Cedar Holdings International Inc., dba Cedar Financial, Attn: Client Success Department, 5230 Las Virgenes Rd., Suite 210, Calabasas, CA 91302, by calling at 888-970-5265, or sending email to [email protected].

Session Recordings; Heatmaps; User Experience Tools  

Cedar and its vendors and Affiliates may use technology to better understand your needs and optimize our Services and user experience. This technology may record sessions of how much time you spend on certain pages; which links you choose to click; where you click, scroll your mouse, and move in between pages; what you do and don’t like; and the like. We use this information to create visual representations (“Session Recordings”) of the experience. This enables us to build and maintain our Site and services with your feedback. Session Recordings reconstruct the individual actions you took during a website visit. Heatmaps aggregate data points from you and hundreds of other visitors in one report.  

We use cookies, Session Recordings, heatmaps, and other technologies to collect data, behavior, and device information. This includes a device’s IP address (processed during your session and stored in a de-identified form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), and the preferred language used to display our website. This information is stored on our behalf in a pseudonymized user profile. We do not sell any of the data collected. 

By accessing this Site, you expressly agree to our use of cookies, Session Recordings, heatmaps, communication and chat recordings, and other technologies to collect your information and the way we treat or use your information. You also agree to us sharing your information with our vendors, affiliates, and subcontractors, as necessary, to help facilitate our Services.  

Site Confidentiality and Security 

Features or Services linked to this Site require you to verify your identity, create a client profile (including setting up a username and password), and agree to additional or separate terms outlined and referenced herein as Services Agreement. You are responsible for maintaining confidentiality of your account information, including your password, for all activity related to this Site. You further agree to establish commercially reasonable security procedures and controls to protect your confidential information. You agree to notify Cedar immediately of any unauthorized use, or any other breach of security, including suspected or actual “phishing” incidents. You understand that you may be held liable for losses incurred by Cedar or any other user of or visitor of the Site due to an unauthorized party using your login information, password, or account. You agree not to use anyone else’s name, password, or account to access the Site at any time without the express permission and consent of such party. You acknowledge that Cedar is not liable for any loss or damage arising from your failure to comply with these obligations. Cedar will not be responsible or in any way liable for any losses or any damage(s) you may incur as the result of your use of this Site. 

Technical Requirements 

To access the Site, you must have a computer, tablet, or mobile device with internet access and a browser installed that can send and receive information using the technology that supports the Site (“Technology”). We or third parties may update the technical standards required to access and use the Site, which may require you to update your Technology. It is your sole responsibility to update your Technology to continue using the Site. 

Consent to Electronic Communications  

E-mail transmissions are not secure. Cedar directs that you do not electronically transmit or otherwise send sensitive information, such as debtors’ personally identifiable information, emails, phone numbers, addresses to Cedar or otherwise request such information via e-mail.  

Updating Contact Information 

You agree that it is your responsibility to notify Cedar of any changes to your primary e-mail address, phone number, or any other contact information so that Cedar can communicate with you electronically.

You agree that Cedar is not responsible for any delay or failure in your receipt of any notices not caused by Cedar’s failure to send such notices to the phone number or email address you provided to Cedar. We will not assume liability for non-receipt of any notice in the event your mobile/landline number, e-mail address or other contact information on file is invalid; your email or Internet service provider filters the notification as “spam” or “junk mail”; there is a malfunction in your Technology, computer, mobile device, browser, Internet service, mobile connectivity and/or software; or for other reasons beyond our control. 

It is your responsibility to provide us with a true, accurate and complete mobile/landline number, e-mail address, contact, and other information related to Cedar’s services or the Site, and to maintain and update promptly any changes in this information. To update your information, contact our Compliance Department by writing to Cedar Holdings International Inc. dba Cedar Financial, Attn: Client Success Department, 5230 Las Virgenes Rd., Suite 210, Calabasas, CA 91302, or calling 888-970-5265, or e-mail [email protected]. 

Consent to Receive Disclosures Electronically  

Before using Cedar’s Site to communicate with us, or to use Cedar’s Services provided through the Site, you will be asked for your agreement to Cedar’s Terms provided herein as well as in Service Agreement, incorporated by reference herein. You will be able to agree by tapping/clicking “I Agree” on the Services Agreement. This action constitutes your electronic signature and manifests your Consent and agreement to these Terms, the Privacy Policy, as well as the Service Agreement. If you do not provide your Consent, you may not use it and must discontinue your use of Cedar’s Site immediately. 

Content and Proprietary Rights 

All text, graphics, user interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, “Content”), including design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content contained on the Site is owned, controlled, or licensed by or to Cedar and is protected by applicable U.S. and foreign copyright, patent, and trademark laws, including various other intellectual property rights and unfair competition laws. Certain other words and symbols used to identify the source of third-party goods and services are trademarks of their respective owners. Display of any such trademarks or service marks on the Site does not imply that a license of any kind has been granted. 

Except as expressly provided in these Terms, no part of the Site or its Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Cedar’s prior written consent. Any unauthorized use, downloading, re-transmission, display, distribution or other copying, or modification of any copyrightable matter in the above and/or the Content on the Site is strictly prohibited, and may result in legal action against those engaging in such activities. 

Terms Related to Payments 

To avail yourself of Services, as provided in the Services Agreement, you will be required to pay for them and for that purpose you will have access to Cedar’s web-payment service (“Payment Page”). The purpose of this Payment Page is to offer convenient and secure payment options. Payments made through this Payment Page may incur a convenience fee for each transaction, where they are legally permissible. That fee will be displayed for your authorization prior to final submission of your payment. This includes payments made that utilize ACH (bank draft), credit card or debit card. This is a fee charged by Paywire, an independent service provider to Cedar. We do not receive any part of the convenience fee charged by Paywire. When you make a payment using the Payment Page, your bank or credit card statement will reflect a separate debit from Paywire for the convenience fee, if applicable.

If you have questions or want to talk to a live client success representative, call Cedar at 888-970-5265 during standard business hours. Monday-Friday between the hours of 7:00 am and 6:00 pm Pacific Set Time. 

Refunds are not authorized for payments made on this Site. If you believe the payment was processed in error, please contact our office at 888-970-5265 to discuss the matter, which will be addressed on an independent and case-by-case basis. 

By submitting payment information through the Payment Page, you agree to the Terms and any documents incorporated herein by reference. You further agree that these Terms and any documents incorporated herein by reference form a legally binding agreement between you and Cedar. By clicking on the “I Agree” on the Services Agreement or by accessing this Site, you are hereby accepting these Terms and the stated fee for using the payment website. 

Third-Party Links and Advertisements 

You understand and acknowledge that Cedar may sometimes provide links to third-party websites. You agree that Cedar is not responsible for any content related to such links or sites, including any products, services, privacy policies or other materials accessed through such third-party links or websites, and referrals to third-party sites is not an endorsement and you will conduct your own due diligence. The display of any website link does not imply endorsement by Cedar of the linked site, or any content found on such site. 

IN NO EVENT SHALL CEDAR BE LIABLE, DIRECTLY, OR INDIRECTLY, TO YOU OR TO ANY PARTY FOR ANY DAMAGE OR LOSS ARISING FROM, OR RELATING TO, ANY USE, CONTINUED USE OR RELIANCE ON ANY LINKED THIRD-PARTY SITE OR ANY OTHER LINK FOUND ON SUCH LINKED SITE. IN NO EVENT SHALL CEDAR BE LIABLE, DIRECTLY, OR INDIRECTLY, TO YOU OR TO ANY PARTY FOR ANY VIOLATION OF LAW OR RESULTING DAMAGES, ATTORNEY FEES, LOSS, OR THE LIKE ARISING FROM, OR RELATING TO, THIRD-PARTY SITES OR INFORMATION PROVIDED BY THIRD-PARTY SITE OWNERS AND/OR OPERATORS. 

Children Online Privacy Protection Act 

This Site will not, and does not intend to, market any Cedar products or related services to children. Cedar does not knowingly gather or solicit data from children through the Site, and by using the Site you represent that you are an adult who is at least 18 years of age. 

Modification or Discontinuance of Certain Products or Services 

You understand that, at any time and without notice to you, and for any reason whatsoever, Cedar may modify or discontinue all or any part of Cedar products and/or services including, but not limited to, this Site and Services. You acknowledge that Cedar shall in no way be held liable for any consequence resulting from Cedar’s decision to modify or discontinue providing all or any part of Cedar’s products and/or services. 

Third-Party Companies and Products 

Mention of third-party products, companies and websites on the Site and in these Terms, is for informational purposes only and neither constitutes an endorsement nor a recommendation. Cedar assumes no responsibility and disclaims any liability regarding the selection, performance or use of these products or vendors. Cedar provides this only as a convenience to our users. Cedar has not tested any software found on these sites and makes no representations regarding the quality, safety, or suitability of any software found there. There are dangers inherent in the use of any software found on the Internet, and Cedar assumes no responsibility for the performance or use of these products. Make sure that you completely understand the risks before retrieving any software on the Internet. 

Third-Party Account Information 

By using any applicable financial, banking or account linking service or any similarly applicable service throughout the Site, you authorize Cedar and its Affiliates to access third party sites designated by you or on your behalf, to retrieve information requested by you, and you appoint Cedar and its Affiliates as your agent for this limited purpose. Each time you enter your account login information, you are permitting Cedar and its Affiliates to process your request(s) and use information submitted by you to provide you Services through Collect Co ™. When making payments through this Site, you authorize Cedar to charge the credit card or debit the bank account indicated by you according to the information you provide and as provided in the Service Package you opt for. You certify you are an authorized user of the credit card or bank account and that you will not dispute the payment with your credit card company or other financial institution, so long as the transaction corresponds to the terms indicated with your payment and as provided in the Service Package you opt for.

Disclaimers 

CEDAR DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE, OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. YOU ACKNOWLEDGE AND ACCEPT THAT WE DO NOT GUARANTEE OR PROMISE RESULTS FROM USING OUR SERVICE INCLUDING, BUT NOT LIMITED TO, SUCCESSFUL OR COMPLETE RECOVERY OF DEBTS YOU PLACE WITH US FOR COLLECTIONS THROUGH COLLECT CO ™. CEDAR DOES NOT WARRANT THE ACCURACY, COMPLETENESS, QUALITY, ADEQUACY OR CONTENT OF ANY INFORMATION OR TOOL ON THE SITE OR ANY OTHER WEBPAGE OR WEBSITE LINKED OR REFERENCED ON THE SITE, NOR DOES CEDAR MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY OTHER WEBPAGE OR WEBSITE LINKED OR REFERENCED ON THE SITE. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. CEDAR CANNOT ENSURE THAT ANY FILES, IF PRVOVIDED FOR DOWNLOAD, OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. CEDAR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. CEDAR DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY CEDAR SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST CEDAR FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE, SERVICES, OR SUCH CONTENT. THIS LIMITATION OF RELIEF IS AN ESSENTIAL PART OF THE BARGAIN BETWEEN THE PARTIES.  

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence, or any other cause of action. Cedar reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes. If you are within a jurisdiction that does not allow the exclusion of certain warranties above, those certain exclusions may not apply to you.  

Limitation of Liability 

CEDAR AND ITS AFFILIATES, NETWORKS, AND VENDORS WILL NOT BE RESPONSIBLE OR LIABLE IN ANY WAY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOST REVENUES, LOST PROFITS OR PROSPECTIVE ECONOMIC ADVANTAGE, RESULTING FROM ANY USE OR MISUSE OF THE SITE OR ANY OTHER WEBPAGE OR WEBSITE LINKED OR REFERENCED ON THE SITE, OR RELIANCE ON THE INFORMATION, DOCUMENTS, SOFTWARE OR CONTENT HEREOF OR THEREOF, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH ARE REASONABLY FORSEEABLE. CEDAR SHALL NOT BE LIABLE FOR ANY DISCREPANCIES IN ACCOUNT BALANCES RESULTING FROM DEBTS CONVERTED FROM FOREIGN CURRENCY TO UNITED STATES DOLLARS. YOU AGREE TO HOLD CEDAR HARMLESS AGAINST ANY CLAIM BASED ON FOREIGN EXCHANGE RATES.  

CEDAR’S MAXIMUM, COMBINED AGGREGATE LIABILITY TO YOU UNDER THE TERMS AND RELATED SERVICE SHALL NOT EXCEED TWENTY-FIVE U.S. DOLLARS ($25.00 USD).  

If you are within a jurisdiction that does not allow the limitation or exclusion of certain liabilities above, then those certain limitations may not apply to you. 

Indemnification 

You agree to indemnify and hold Cedar, its subsidiaries, affiliates, officers, agents, representatives, officers, employees, network, vendors, and clients harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including reasonable attorneys’ fees, disbursements, and court costs) arising from or in connection with your use of Cedar’s products and services including but not limited to, use of this Site and Services, your violation of these Terms, or your violation of any rights of any third party. 

Mediation 

If a dispute arises out of or relates to the use of Services, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute resolution procedure. 

Arbitration; Class-Action & Jury-Trial Waivers 

If a dispute is not resolved by mediation, you agree to arbitrate all disputes and claims that arise out of or relate to your use of our Services. Therefore, you agree that, by using our Site or Services, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY, OR TO PARTICIPATE IN ANY CLASS ACTION BASED ON OR INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC, OTHER USERS, OR PERSONS SIMILARLY SITUATED. This agreement to arbitrate includes, without limitation, claims arising out of any use of our Site or other websites, use of the Service, and disputes under these Terms or under any other documents incorporated with reference or with Cedar, regardless of how or when they may arise. Any arbitration proceeding brought under this section shall be conducted by an arbitration service provider chosen by Cedar. The arbitration may be conducted telephonically. Unless otherwise prescribed by law, the costs of arbitration will be split evenly between you and Cedar. In any action between you and Cedar or its Affiliates, the prevailing party will be entitled to receive from the other party its reasonable attorneys’ fees incurred in bringing or defending the action. 

Limited Timeframe to Bring Action 

Any claim or cause of action arising out of your use of Services, Site, or other websites, must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary.  

Notice 

You may provide us with notice by writing to Cedar Holdings International Inc. dba Cedar Financial, Attn: Legal Department, 5230 Las Virgenes Rd., Suite 210, Calabasas, California 91302, or e–mail to [email protected].  

Unless otherwise required by law, we may notify you by mail or electronically. If we choose to provide the notice to you by mail, we may mail it separately or with other information to any address on our records for you. If we choose, we may provide notice electronically.  

Governing Law 

The laws of the State of California will govern these Terms and rest of the documents incorporated herein with reference, without giving effect to any conflicts of laws principles; provided, however, that the terms of any applicable law now or hereafter enacted that is based on, derived from, similar to, or connected with the uniform computer information transactions act drafted by the national conference of commissioners on uniform state laws shall not apply except to the extent that the law expressly prohibits alteration by these terms and conditions of the applicability of one or more sections of the law. You agree that any action arising out of the Terms, or your use of Cedar products and/or services including but not limited to the Site and Services, shall be brought in state or federal court in the State of California, County of Los Angeles, and you consent to the jurisdiction of such courts. 

Miscellaneous 

You may not assign or otherwise transfer these Terms or any rights or obligations under these Terms or under the Privacy Policy or in the Services Agreement. Cedar’s failure to act on any breach of any provision of these Terms shall not be construed as a waiver of the enforcement of any provision unless Cedar agrees to such waiver in writing. 

Each provision of this Agreement is intended to be severable. If any term or provision hereof is held by a court of law to be in violation of an applicable local, state or federal ordinance, statute, law administrative or judicial decision, public policy or for any other reason, and if such court should declare such provision of these Terms to be illegal, invalid, unlawful, void, voidable, or unenforceable as written, then such provision shall be given full force and effect to the fullest extent that is legal, valid and enforceable, the remainder of these Terms shall be construed as if such illegal, invalid, unlawful, void, voidable or unenforceable provision was not contained herein, and the rights, obligations and interests of the parties under the remainder of these Terms shall continue in full force and effect. If any provision is held to be unenforceable, the court making such determination shall have the power to, and shall, modify such provision to the minimum extent necessary to make such provision, as so modified, enforceable, and such provision shall then be applicable in such modified form. 

These Terms, Privacy Policy, as well as the Service Agreement all incorporated herein by reference, set forth the entire understanding between you and Cedar with respect to the subject matter hereof and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and Cedar with respect to such subject matter.