Terms of Use
PLEASE review these Terms of Use thoroughly. Your access to this site or use of the services indicates your acceptance of these terms. If you disagree, please refrain from accessing this site.
These Terms of Use govern your access and use of Express Capital Relief's website, including www.expresscapitalrelief.com, and other related online platforms. They do not change any existing agreements you have with Express Capital Relief. By using our services, you agree to settle disputes through individual arbitration rather than a class action lawsuit or jury trial.
1. Eligibility and Intended Use
By accessing or using this website, you confirm that you are at least eighteen (18) years of age or older and agree to provide accurate and complete information. Impersonation of any person or entity, including Express Capital Relief staff, is prohibited. Providing false information may result in termination of website access. You agree to not engage in any activity that could damage the website, its interface, or any technical aspect of the website that may interfere with use. You agree your use of the Internet and this website is at your own risk. While Express Capital Relief strives for a secure platform, the confidentiality of online communications cannot be guaranteed, and Express Capital Relief is not liable for the security or accuracy of transmitted information.
2. Ownership and Intellectual Property Rights
Express Capital Relief owns and operates this website and its landing pages. All content, including visuals, graphics, designs, and software, is protected by various intellectual property laws, including but not limited to United States copyright, trademark, service mark, trade dress, patent, and proprietary laws. Unless explicitly permitted by Express Capital Relief, the sale, distribution, transmission, modification, or any other unauthorized use of this website and/or its contents is strictly prohibited.
3. Third Parties
The website may contain links to third-party websites with which Express Capital Relief has an affiliation. Express Capital Relief does not control the operations of these sites, their services, or links, and is not responsible for their content, availability, or usability. Any interactions with third parties are solely between the website user and the third party. You agree to hold harmless Express Capital Relief and agree that use of such third-party websites, links, and content is your personal responsibility and at your own risk.
By using the website, you acknowledge that Express Capital Relief does not make credit decisions or endorse third-party products or services. Any agreements or discussions between the website user and any third party is independent of Express Capital Relief.
Express Capital Relief is not responsible for the accuracy, completeness, or reliability of third-party website information, content, or any products/services offered or sold through any link on a third-party website. You agree to assume personal responsibility for the use of all third-party information and website content.
4. Licensed Use
Express Capital Relief provides you with a limited, nonexclusive, and revocable license to view, share, print, or download content from its website for personal use only. You are not permitted to sublicense, distribute, or create derivative works from the website content, nor can you use automated systems to access the website or collect any form of personally identifiable information. Express Capital Relief reserves all rights to its website and content and retains the discretion to deny access to anyone who violates these Terms and Conditions.
5. Forbidden Conduct
You agree to only utilize the website to access information and/or contact the providers of advertised products and services. Submission or distribution of illegal, harmful, abusive, or objectionable content is strictly prohibited. You must not attempt to compromise system integrity or security, overload the infrastructure, or use automated systems to access the website or its content. In addition, impersonation, fraud, and unauthorized sharing of content is strictly prohibited.
6. User Feedback
Occasionally, we may request your feedback on Express Capital Relief's website for products and/or services. Any information or content you provide will be treated as non-confidential and non-proprietary. It will become the sole property of Express Capital Relief, which reserves all rights to it. Express Capital Relief, along with its licensees and affiliates, may use this content freely without any obligation or liability to you. This includes reproduction, disclosure, transmission, publication, and/or posting across various media, both present and future, on this website or elsewhere. Express Capital Relief is not obligated to respond to such communications.
7. Indemnification
You agree to indemnify and hold harmless Express Capital Relief, its employees, contractors, agents, and members from any claims or damages, including legal fees, resulting from your use of the website or any violation of these Terms and Conditions. Express Capital Relief has the right to take control of any legal defense related to such claims at your expense and will notify
8. Disclaimer of Warranties, Damages, and Limitation of Liability
WHILE Express Capital Relief STRIVES TO MAINTAIN ACCURACY, RELIABILITY, AND TIMELINESS OF INFORMATION ON THIS WEBSITE, IT IS PROVIDED “AS IS” AND “AS AVAILABLE.” Express Capital Relief DISCLAIMS
ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE. IT DOES NOT GUARANTEE UNINTERRUPTED OR ERROR-FREE SERVICE, NOR THE ABSENCE OF VIRUSES. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK, AND Express Capital Relief IS NOT LIABLE FOR ANY DAMAGES OR DATA LOSS.
Express Capital Relief AND ITS AFFILIATES ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO PROPERTY DAMAGE, LOSS OF PROFITS, OR DATA LOSS, ARISING FROM YOUR USE OF THE Express Capital Relief WEBSITE, REGARDLESS OF THE FORM OF ACTION. Express Capital Relief'S TOTAL LIABILITY TO YOU IS LIMITED TO THE AMOUNT PAID BY YOU OR TWO HUNDRED DOLLARS ($200), WHICHEVER IS LESS, ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE WEBSITE OR ANY THIRD-PARTY WEBSITE OR ANY OTHER INTERACTIONS WITH Express Capital Relief, EVEN IF Express Capital Relief HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Arbitration
Please Read This Provision Carefully. It Affects Your Legal Rights.
YOU AND Express Capital Relief AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
In the event of any controversy, claim, or dispute between you and Express Capital Relief, its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this section, “Express Capital Relief”) arising out of or relating to these Terms and Conditions, the parties agree to resolve all issues solely using binding Arbitration, governed by the rules of the American Arbitration Association (“AAA”) or other mutually agreeable neutral party. Any such Arbitration shall take place in Broward County, Florida and shall be governed by the laws of the State of Florida conducted by a mutually agreed upon Arbitrator. If the parties are unable to agree to the selection of the Arbitrator, the AAA shall have the power to make the appointment from among other members of the National roster without the submission of additional lists. The arbitrator shall be neutral, independent, and shall comply with the AAA code of ethics. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to these Terms and Conditions including but not limited to interpretation, applicability, enforceability, breach, conscionability, and of this arbitration requirement. The award rendered by the Arbitrator shall be final, binding on all parties, and not challengeable or subject to vacation or modification. Judgment on the award made by the Arbitrator may be entered into by any court having jurisdiction over the parties. If either party fails to comply with the Arbitrator’s award, the injured party may petition the Court of Broward County, Florida for enforcement. You further agree that you may bring claims against Express Capital Relief
Debt Resolve only in your 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 claim and may not otherwise preside over any form of representative or class proceeding. The parties shall share the cost of Arbitration (excluding attorneys’ fees) equally. If 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 the costs of the suit, including reasonable attorneys’ fees for having to compel Arbitration or defend or enforce the award.
10. Class Action Waiver
You hereby waive the right to assert any claims against Express Capital Relief as a representative or member in any class or representative action, except where such waiver is prohibited by law against public policy. To the extent you are permitted by law to proceed with a class or representative action against Express Capital Relief, you hereby agree that: (1) The prevailing party shall not be entitled to recover attorneys’ fees or costs associated with pursuing the class or representative action (not withstanding any other provision in this agreement); and (2) The party who initiates or participates as a member of the class will not submit a claim or otherwise participate in any recovery secured through the class or representative action.
11. Privacy Policy
You may review our Privacy Policy to understand how Express Capital Relief gathers, utilizes, and shares personally identifiable information from its users. By using or accessing the website, you agree to all actions we take regarding your data, in accordance with our Privacy Policy.
12. Consent to Receive SMS Text Messages and Phone Calls
12.1 Consent to Receive SMS Text Messages and Phone Calls
12.1.1 By providing your mobile phone number and clicking the checkbox to Consent to Receive Communications by Text Messages and Phone Calls on our website, you are giving Express Capital Relief your express, affirmative, and revocable consent to send you SMS text messages and phone calls.
12.1.2 Your consent to receive SMS text messages and phone calls is voluntary, and you may revoke it at any time by following the instructions provided in Section 12.4 of these Terms and Conditions.
12.2 Scope of Consent
12.2.1 Express Capital Relief may send you SMS text messages and phone calls related to business debt settlement and restructuring services and related promotional and business offerings.
12.2.2 The frequency of the SMS text messages and phone calls will be limited by Express Capital Relief’s commercially reasonable discretion within legal parameters.
12.3. User Information
12.3.1. Express Capital Relief will collect and use your mobile phone number and any other information necessary to provide the SMS text message and phone call services.
12.3.2. Express Capital Relief will maintain the confidentiality and security of your information in accordance with its privacy policy, which can be accessed at Privacy Policy.
12.4. Revocation of Consent
12.4.1. You may revoke your consent to receive SMS text messages at any time by replying to a text message with the word "STOP"; or by contacting the Company’s customer service by email at contact@expresscapitalrelief.com. You may revoke consent to receive phone calls by asking the agent calling you to be placed on the Company’s Do Not Call list or by contacting the Company’s customer service by email at contact@expresscapitalrelief.com.
12.4.2. Express Capital Relief will process your revocation of consent request within 10 business days or within such time provided by law, whichever is shorter.
12.5. Compliance with Laws and Regulations
12.5.1. Express Capital Relief will comply with all applicable laws and regulations, including the 10DLC (10-Digit Long Code) regulations, when sending SMS text messages to you.
12.6. Limitation of Liability
12.6.1. Express Capital Relief shall not be liable for any damages or losses arising from the delivery or non-delivery of SMS text messages, or from your use or inability to use the SMS text message service.
12.6.2. You agree to indemnify and hold Express Capital Relief harmless from any claims, damages, or expenses arising from your use of the SMS text message service.
12.7. Miscellaneous Provisions
12.7.1. This Consent to receive communications from Express Capital Relief shall be governed by the laws of Florida and Federal Law.
12.7.2. Text Message frequency varies by user and message and data rates may apply. Text HELP for help. Text STOP to unsubscribe. Carriers are not liable for delayed or undelivered messages.
12.7.3. Express Capital Relief reserves the right to modify this Consent to Receive SMS Text Messages and Phone Calls policy at any time and will notify you of any changes by updating these Terms and Conditions.
12.8. Acceptance and Effective Date
12.8.1. By selecting the checkbox on the website, you consent to receive communications by text message and email from Express Capital Relief. Message and data rates may apply. Carriers are not liable for delayed or Undelivered Messages. Message frequency varies per user. You may unsubscribe anytime. The Consent shall be effective as of the date you click the Consent to Receive Communications checkbox.
12. Consent to Receive SMS Text Messages and Phone Calls
Express Capital Relief may inform you through Notice by email, regular mail, or postings on its website. Notices sent via email are considered to be received 24 hours after the date of transmission, unless an invalid email address is reported. Alternatively, legal Notices may be sent by regular mail to the postal address provided by you. In this case, Notice is considered received three (3) calendar days after the date of mailing. Any Notices to Express Capital Relief must be in writing and sent by via mail to our physical mailing address:
Express Capital Relief
6700 N Andrews Ave, Suite 500
Fort Lauderdale, FL 33309
Attn: General Counsel
14. Choice of Law, Jurisdiction, and Venue
These Terms and Conditions are governed exclusively by the laws of the State of Florida, USA, without regard to its conflict of law principles. By using the Express Capital Relief website, you agree that any legal action arising from or related to these Terms and Conditions or the website shall be brought solely in the federal or state courts located in the Southern District of Florida or Broward County, Florida. You expressly consent to the personal jurisdiction of these courts for all legal matters concerning the website, your access or use thereof, or these Terms and Conditions, including the acceptance of service of process outside of Florida's territorial limits. This provision does not supersede the binding arbitration clause found in Section 9 of these Terms and Conditions. In the event the arbitration provision is deemed unenforceable, the venue for any legal action shall be Broward County, Florida.
15. Waiver
If Express Capital Relief does not enforce any part of these Terms and Conditions or additional terms, it does not mean it is relinquishing the right to enforce them later.
16. Severability
If any aspect of these Terms and Conditions is found to be unlawful, void, invalid, or unenforceable, that specific part will be considered separate from the rest of the terms. However, the validity and enforceability of the remaining provisions will remain unaffected.
17. Anti-Assignment
These Terms and Conditions may not be assigned by you. Express Capital Relief reserves the right to assign its rights and obligations at any time.
18. Merger Clause
Except as provided herein, these Terms and Conditions constitute the complete, full, and exclusive understanding between you and Express Capital Relief, however, these Terms and Conditions may be modified or superseded by further agreement or if certain services of Express Capital Relief and/or its affiliates are utilized by you.
19. Term, Termination, and Survival
These Terms and Conditions become effective when you begin using the website. Express Capital Relief can deny you access to the website and/or terminate these terms at any time, with or without notice, for any reason. If you do not follow these terms, they will automatically end. You may end these terms at any time by discontinuing your use of the Express Capital Relief website, however, certain sections of these terms will remain in effect after termination. Specifically, the following paragraphs shall survive termination: 2, 3, 4, 7, 8, 9, 10, 12, and 14.
20. Changes to the Websitel
Express Capital Relief may alter or update content, materials, or information on the website, including these Terms and Conditions, without notification to you. Express Capital Relief may revise these Terms and Conditions at any time by updating this website. You are bound by these changes. Periodic visits to the website are suggested for the user to remain informed of current Terms and Conditions.
21. Use of Website Outside of the United States
Express Capital Relief does not guarantee access to or use of the website outside of the United States. If you use the website outside of the United States, it is at your own risk, and you assume personal responsibility for abiding by the laws of the governing jurisdiction as it may relate to these Terms and Conditions.
