Terms and Conditions

Koala Debt ("Company," "we," "us," or "our") provides referrals for debt services through our debt services registration and related content through this website, mobile applications, and related technologies (collectively, the "Service"). Your access to and use of the Service is subject to these Terms and Conditions ("Terms"), as amended from time to time, and to our Privacy Policy.

By accessing, browsing, or registering on the site or mobile apps, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not accept these Terms, you are not authorized to access, review, or register for services, and you should stop using the Service immediately.

Please read these Terms carefully. They contain an agreement to arbitrate all disputes on an individual basis, a waiver of participation in class actions, a waiver of trial by jury, and limitations on liability and damages.

Purpose of the Service

The Service provides consumer registrations to various service or product providers participating in our network. To use the Service, you must complete an online request form with truthful personal information, including name, address, telephone number, and email address. Review our Privacy Policy to understand how we collect, use, store, and disclose personal information.

Our services are free to you. We receive compensation from providers for referral of your information, and that compensation may affect which provider receives your information. We do not represent all providers in the market and do not recommend or endorse any product or service on this website. We are not a lender, debt settlement company, or credit counseling agency, and we do not provide financial, legal, or tax advice. Third-party sites may have different terms and privacy policies.

Your Obligations

You represent that information you provide is accurate and truthful. You may not use the site for purposes other than those made available by us, and you agree not to violate laws, infringe rights, transmit harmful or unlawful material, impersonate others, scrape or disrupt the site, create accounts by automated means or false pretenses, or reverse engineer site software.

Ownership, License and Restrictions on Use

Unless otherwise indicated, the site, source code, databases, functionality, software, designs, text, graphics, trademarks, service marks, and logos are owned, controlled, or licensed by us and protected by United States intellectual property laws. You are granted a limited, revocable, non-exclusive license to view the content for personal, non-commercial use only. You may not reproduce, distribute, modify, store, or create derivative works from any content without our prior written approval. We reserve all rights not expressly granted.

Links to Third Parties

The website may contain links to websites operated by third parties. These links are provided for convenience and reference only. We do not operate or control third-party sites and the inclusion of a link does not imply endorsement.

Disclaimers and Waivers

The website, information, advertising, software, products, and services associated with it are provided "as is" and "as available." We disclaim warranties of title, non-infringement, merchantability, fitness for a particular purpose, and any warranty regarding results. Use of the website and Service is at your own risk. We do not guarantee that the site will be available at all times and are not liable for downtime, delays, errors, suspension, or discontinuance.

Limitation of Liability

To the fullest extent permitted by law, neither we nor any covered party — meaning the Company, its affiliates, the service or product providers participating in our network, and their respective officers, directors, employees, agents, and assignees — will be liable for direct, indirect, incidental, consequential, special, punitive, or other damages arising out of use of the website or Service, delays, inability to use the website, or information, products, or services obtained through the website.

Indemnity

As a condition of using the website or services, you agree to indemnify us and providers from liabilities, expenses, attorney fees, and damages arising from claims related to your use of the website, services, or information you provide, including claims alleging facts that would constitute a breach of these Terms.

Binding Arbitration

In the event that there is a dispute, claim or controversy between you and Koala Debt, between you and any third party within the Koala Debt network, or between you and any third-party communications service or application provider that transmits calls or messages from or on behalf of Koala Debt or any third party within the Koala Debt network, and which dispute, claim or controversy arises out of or relates to federal or state statutory claims, common law claims, these Terms, our Privacy Policy, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim or controversy will be determined by binding arbitration in Wilmington, Delaware before one arbitrator. The arbitration will be administered by JAMS. For claims greater than $250,000, the JAMS Comprehensive Arbitration Rules and Procedures in effect at the time the arbitration is commenced will apply. For claims less than or equal to $250,000, the JAMS Streamlined Arbitration Rules in effect at the time the arbitration is commenced will apply. The arbitrator will apply the substantive law of the State of Delaware, exclusive of its conflict or choice of law rules. Nothing in this paragraph will preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the provision in this paragraph with respect to applicable substantive law, the Federal Arbitration Act (9 U.S.C. §§ 1-16) will govern any arbitration conducted pursuant to these Terms. Either party may commence arbitration by providing to JAMS and the other party to the dispute a written demand for arbitration, setting forth the subject of the dispute and the relief requested ("Arbitration Demand").

Class Action Waiver: To the fullest extent permitted by law, each of the parties agrees that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to these Terms or any of the transactions contemplated hereby.

The appointed arbitrator may award monetary damages and any other remedies allowed by the law of the State of Delaware. In making his or her determination, the arbitrator will not have the authority to modify any term or provision of these Terms. The arbitrator will deliver a reasoned written decision with respect to the dispute (the "Award") to each party, who will promptly act in accordance with the Award. Any Award (including interim or final remedies) may be confirmed or enforced in any court having jurisdiction, including any court having jurisdiction over either party or its assets. The decision of the arbitrator will be final and binding on the parties, and will not be subject to appeal or review. Each party will advance one-half of the fees and expenses of the arbitrator, the costs of the attendance of the court reporter at the arbitration hearing, and the costs of the arbitration facility. In any arbitration arising out of or related to these Terms, the arbitrator will award to the prevailing party, if any, costs and attorneys' fees reasonably incurred by the prevailing party in connection with those aspects of its claims or defenses on which it prevails, and any opposing awards of costs and attorneys' fees awards will be offset. The parties will maintain the confidential nature of the arbitration proceeding, the hearing and the Award, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, or confirmation of an Award or its enforcement, or unless otherwise required by any applicable law. Any documentary or other evidence produced in any arbitration hereunder will be treated as confidential by the parties, witnesses and arbitrators, and will not be disclosed to any third person (other than witnesses or experts), except as required by any applicable law or except if such evidence was obtained from the public domain or is otherwise obtained independently of the arbitration.

SMS Terms and Conditions

By providing a mobile phone number, you give express written permission for communications by SMS from us and providers. Communications may include follow-up messages, marketing, and business communications. You may revoke authorization by contacting the party sending SMS or by replying STOP to one of our messages. Message and data rates may apply.

Changes to Site and Terms

We may change, modify, or remove content and advertising on the site at any time without notice. We may also change our Privacy Policy and these Terms by posting updates to the website. Your continued use of the Service after a change means you accept the updated Terms.

E-Sign Consent (Electronic Disclosures and Signatures)

By clicking the "Next," "Continue," or similar button on the website, you adopt such as your electronic signature, and consent and agree that: we may provide you with electronic communications and disclosures (collectively, "Communications") via email or by making them accessible on this website; and your electronic signature on agreements and documents has the same effect as if you signed them in writing.

You may withdraw your consent to receive electronic Communications at any time by contacting us via email at info@koaladebt.org. Withdrawal of your consent to receive electronic Communications may lead to termination of your access to the Service. Any withdrawal will be effective only after a reasonable period of time in which to process your withdrawal request. You are responsible for providing us with true and accurate information, including contact information, and for maintaining and updating any such contact information.

To access and retain the electronic Communications, you will need: access to or use of a computer or mobile device with internet or mobile connectivity and an operating system capable of receiving, accessing, and displaying Communications; an internet browser that we support; and sufficient storage space to save Communications and/or a printer to print them. You may request a paper copy of any Communication by contacting us, and we may charge a reasonable fee for producing and mailing paper copies where permitted by law.

General Terms

These Terms constitute the entire agreement between you and us and are governed by Delaware law without regard to conflict of law principles. If any part is unenforceable, it will be superseded by a valid provision that most closely reflects the original intent, and the remainder will continue in effect. Our failure to enforce any provision is not a waiver of it. Electronic communications between you and us satisfy any legal requirement that communications be in writing. Any new features or tools added to the Service are also subject to these Terms.