Terms of Use

Better Path Financial LLC (“Better Path”), a limited liability company organized under the laws of Delaware, along with its subsidiaries and affiliates provides the information and services on its internet website (“Site”) under the following terms and conditions (“Terms”). By accessing and/or using the Site, you indicate your acceptance of these Terms.

  1. LAWS AND REGULATIONS. Access to and use of this Site are subject to all applicable international, federal, state and local laws and regulations. You agree not to use the Site in any way that violates such laws or regulations.

  2. COPYRIGHT AND TRADEMARKS. The information available on or through this Site is the property of Better Path, or its licensors, and is protected by copyright, trademark, and other intellectual property laws. You may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works or otherwise use any information available on or through this Site for commercial or public purposes. You may not use the trademarks, logos and service marks ("Marks") for any purpose including, but not limited to use as "hot links" or meta tags in other pages or sites on the internet without the written permission of Better Path or such third party that may own the Mark. Questions concerning trademarks should be directed to Better Path.

  3. PERMITTED USE. These terms of use permit you to use the Site for your personal, non-commercial use only, unless otherwise permitted by contractual agreement between you and Better Path. You agree not to modify, move, add to, delete or otherwise tamper with the information contained in the Site. You also agree not to decompile, reverse engineer, disassemble or unlawfully use or reproduce any of the software, copyrighted or trademarked material, trade secrets, or other proprietary information contained in the Site.

    By using or accessing this Site you agree that other than with respect to the non-scheduled, non-recurring collection of data done with the express consent of the applicable company or individual, you will not access the Site in a manner that sends more requests to Better Path’s servers than a human can reasonably produce in the same period of time or collect or harvest any personally identifiable information.

  4. RESPONSIBILITIES AND OBLIGATIONS. You will designate and authorize either yourself and/or one or more individuals with authority to (i) act on your behalf, (ii) provide information on your behalf, and (iii) bind you and/or your business with respect to the use of the Site (each such individual, an “Authorized User”). An Authorized User is authorized by you to access the Site by entering a confidential user ID and password. Such login information will entitle the Authorized User, depending on their designation and the permissions given by you, to have the authority to input information and access, review, modify, and/or provide approvals on your behalf.

    You are solely responsible for all actions taken under any account that you have access to. Any actions taken under accounts that you have access to will be deemed authorized by you, regardless of your knowledge of such actions. In addition, you are solely responsible for (i) following instructions that Better Path provides to you with respect to the Site, whether such instructions are provided via the Site, email, or otherwise; and (ii) obtaining, maintaining, and keeping secure any equipment and ancillary services necessary to connect to, access, or otherwise utilize the Site, including but not limited to internet access, networking equipment, hardware, software, and operating systems.

    You will, and will cause authorized users of your account, including but not limited to Authorized Users, to take reasonable steps to adequately secure, and keep confidential, any username, passwords or credentials, and any information accessible via the account. If you believe or suspect that your account, username, passwords or credentials for your account have been disclosed to, accessed by, or compromised by unauthorized persons, you must immediately notify Better Path. Better Path reserves the right to prevent access to the Site if Better Path has reason to believe that your account, username, passwords or credentials for your account have been compromised.

    You represent and warrant that for any information that you share with Better Path, whether directly, or via an Authorized User, you will have the authority to share such information. You are responsible for the accuracy and completeness of information provided to Better Path, and you understand that any such information is only as accurate and complete as you provide via the Site.

    You agree that, to the fullest extent permitted by law, the provision of account login credentials to Better Path by you or an Authorized User, together with any actions authorized by such foregoing parties via the Site (e.g., clicking buttons) or otherwise (e.g., verbally telling a Better Path to take an action), will have the same effect as such parties providing a written signature authorizing electronic payments, filings, or any other actions in connection with the Site.

  5. THIRD PARTY INFORMATION. Although Better Path monitors the information on the Site, some of the information is or may be supplied by independent third parties. While Better Path makes every effort to ensure the accuracy of all information on the Site, Better Path makes no warranty as to the accuracy of any such information.

  6. LINKS TO THIRD PARTY SITES. This Site may contain links that will let you access other websites that are not under the control of Better Path. The links are only provided as a convenience and Better Path does not endorse any of these sites. Better Path assumes no responsibility or liability for any material that may be accessed on other websites reached through this Site, nor does Better Path make any representation regarding the quality of any product or service contained at any such site.

  7. LINKS FROM THIRD PARTY SITES. Better Path prohibits unauthorized links to the Site and the framing of any information contained on the Site or any portion of the Site. Better Path reserves the right to disable any unauthorized links or frames. Better Path has no responsibility or liability for any material on other websites that may contain links to this Site.

  8. NO WARRANTIES. Information and documents provided on this Site are provided "as is" without any warranty of any kind, either express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, and non-infringement. Better Path uses reasonable efforts to include accurate and up-to-date information on this Site; it does not, however, make any warranties or representations as to its accuracy or completeness.

    Better Path may periodically add, change, improve, or update the information and documents on this Site without notice. Better Path assumes no liability or responsibility for any errors or omissions in the content of this Site. Your use of this Site is at your own risk.

    Better Path makes no representations or warranties about the Site’s uptime, availability, or permissibility in any particular geographical location. From time to time, scheduled system maintenance or emergency maintenance may occur. During such maintenance periods, the Site may be inaccessible and unavailable, with or without notice to you.

    The Site’s performance of actions initiated by you may irrevocably modify and/or delete content. YOU ACKNOWLEDGE AND AGREE THAT BETTER PATH IS NOT RESPONSIBLE FOR THE LOSS OR MODIFICATION OF ANY CONTENT AND THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK.

    Better Path is not responsible or liable for any delays or failures in performance from any cause whatsoever including (but not limited to) acts of God, changes to relevant Laws or any other laws or regulations, embargoes, wars, terrorist acts, epidemics, pandemics, any threat to the public at large or the public’s welfare, acts or omissions of third-party service providers or third-party technology providers, riots, fires, earthquakes, floods, power outages, strikes, weather conditions, acts of hackers, acts of internet service providers, acts of any other third party, or your acts or omissions.

  9. LIMITATION OF LIABILITY.

    1. YOU AFFIRM AND AGREE THAT THE SITE MAY BE DEPENDENT ON THE ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION, DATA, AND DOCUMENTATION YOU MAY PROVIDE. BETTER PATH MAY RELY ENTIRELY ON THE INFORMATION, DATA, AND DOCUMENTATION YOU PROVIDE WITHOUT ANY INVESTIGATION AND WITHOUT ANY INQUIRY;

    2. YOU AFFIRM AND AGREE THAT BETTER PATH SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY HARM, INJURIES, DAMAGES, LOSSES, EXPENSES OR COSTS WHICH DIRECTLY OR INDIRECTLY ARISES FROM OR RELATES TO YOUR USE OF THE BETTER PATH SITE, ANY BREACH OF THE TERMS, ANY BREACH OF THE PRIVACY POLICY OR OTHERWISE IN ANY WAY FROM YOUR ACTS, ERRORS, OMISSIONS, INACCURACIES, WRONGDOING, MISCONDUCT, MISTAKES, FALSEHOODS, FALSIFICATIONS, AND/OR MISREPRESENTATIONS (COLLECTIVELY, “USER OMISSIONS”). YOU, ALONE, ARE RESPONSIBLE FOR ALL USER OMISSIONS CAUSED IN WHOLE OR IN PART AND/OR CAUSED DIRECTLY OR INDIRECTLY BY YOU AND/OR ANY AUTHORIZED USER ACTING ON YOUR BEHALF; AND

    3. YOU ACKNOWLEDGE, UNDERSTAND AND AGREE THAT IN NO EVENT AND UNDER NO CIRCUMSTANCE SHALL BETTER PATH BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, TREBLE, STATUTORY, LIQUIDATED, EXEMPLARY, AND/OR PUNITIVE DAMAGES INCLUDING (BUT NOT LIMITED TO) LOSS OF ANY CREDIT RATING OR DROP IN ANY CREDIT RATING EVEN IF BETTER PATH IS INFORMED OF THE POSSIBILITY OR THE FORESEEABILITY OF SUCH DAMAGES. YOU FURTHER AFFIRM AND AGREE THAT BETTER PATH SHALL ONLY BE RESPONSIBLE FOR ACTUAL DIRECT DAMAGES AND ACTUAL DIRECT LOSSES THAT BETTER PATH SOLELY AND DIRECTLY CAUSES.

  10. DISPUTE RESOLUTION. You and Better Path shall and will attempt to resolve all disputes which in any way arise from or relate to these Terms through good faith discussion. You and Better Path agree to engage in such good faith discussions for a period of no less than thirty (30) days. If any matter is not resolved by that timeframe, you and/or Better Path may give written notice to submit the dispute to binding arbitration.

  11. BINDING ARBITRATION. Any dispute or claim arising under or relating to these Terms, any Site content, or any subject matter covered by or within these Terms or the Privacy Policy, shall be resolved exclusively by binding arbitration by one arbitrator agreed upon by the parties. Issues of arbitrability shall be decided by arbitration. To the extent permitted by Delaware law and relevant federal law (“Law”), the parties shall share all arbitrator fees and related charges on a 50-50 basis. Arbitration shall be administered by the American Arbitration Association (“AAA”) and shall apply the AAA’s Arbitration Rules and Procedures. All rules, procedures, and proceedings shall be in English. For your convenience and accommodation, the exclusive place of all arbitration proceedings shall be either in the County of Orange in Florida or in the County of Orange in California as you promptly elect in writing. To the extent permitted by Law, each party shall bear its own costs and expenses including legal fees, attorneys’ fees, travel, and lodging in preparing for and in conducting such arbitration.

    The arbitrator shall have no authority to:

    1. consider any class action, collective action, or any representative action;
    2. award punitive, special, incidental, consequential, statutory, treble, liquidated, exemplary, and/or any fine, penalty, or assessment,
    3. award attorneys’ fees or any costs of arbitration including travel or lodging; and/or
    4. grant any remedy other than actual direct damages and interest. The award of the arbitrator may be enforced in any court of competent jurisdiction. EACH PARTY AGREES THAT THIS AGREEMENT TO ARBITRATE WILL OPERATE TO WAIVE ITS/HIS/HER RIGHT TO HAVE ITS/HIS/HER DISPUTES LITIGATED IN COURT AND/OR DECIDED BY A JURY TRIAL. However, monetary disputes or damage claims falling within the jurisdiction of the small claims court shall be exempted from and excluded from arbitration. Nothing in these Terms shall preclude either you or Better Path from securing injunctive relief and/or equitable remedies from any court of competent jurisdiction as provided in Section 16 below.
  12. PRIVACY. Better Path’s Privacy Policy describes how we use and protect information you provide to us. Please be sure to read Better Path’s Privacy Policy.

  13. SECURITY. Data and information transmitted to and from the Site is encrypted for your protection. However, the security of information transmitted over and through the Internet can never be guaranteed. Better Path is not responsible for any interception or interruption of any communications or any transmission over or through the Internet or for changes to or losses of any such data or information.

  14. ACCESS TO PASSWORD PROTECTED/SECURE AREAS. Access to and use of password protected and/or secure area of the Site is restricted to authorized users only. Unauthorized access to such areas is prohibited and may lead to criminal prosecution.

  15. HOW WE ARE COMPENSATED. Better Path may be paid a marketing lead generation fee or enrollment activation fee by providers for the debt settlement/debt relief services you may so enroll with. Your use of the Site or such provider’s websites and/or Better Path’s services constitutes your understanding, consent and agreement with this compensation arrangement.

  16. JURISDICTION/GOVERNING LAW. These terms and conditions shall be governed and construed in accordance with the laws of the state of Delaware and applicable international laws without regard to conflicts of law principles. You and Users agree that any and all proceedings seeking injunctive or equitable relief – which in any way relate to this Site and/or any of the subject matters contained herein shall be maintained in the courts of the County of Orange in the state of Florida or, alternatively, the County of Orange in the state of California, which courts shall have exclusive jurisdiction for such purpose.

  17. QUESTIONS OR COMMENTS. If you have any questions or comments about these Terms, please send an e-mail to info@betterpathfin.com