Date Last Revised: July 12, 2020
I. GENERAL TERMS.
These Terms of Use and Privacy Policy (collectively, the “Agreement”) set forth the terms and conditions that apply to your access and use of the YouNegotiate.com website and mobile App (“Services”) as owned and operated by H2H Group, Inc., a Nevada corporation, its subsidiaries and/or affiliates (“YouNegotiate”). As used in this Agreement, the term "Site" includes all Services websites, pages that are associated with or within each website and all devices, applications or services that H2H operates or offers that link to this Agreement. By accepting electronically (for example, clicking “I Agree”), installing, accessing or using the Services, you agree to be bound by the terms and conditions of this Agreement, as they may be amended from time to time in the future (see “Modifications” below). If you do not agree to be bound by this Agreement, then you may not use the Services.
1. Accepting the Terms
By using the information, tools, features, software and functionality including content, updates and new releases of the Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the YouNegotiate.com website), or a “Consumer” (which means that you have registered for an account with us to use any one of our Services). The term “you” or “your” refers to your usage as either a Visitor or a Consumer. The term “user” refers to anybody using the Services, including, without limitation, Visitors, Consumers, Payment Processors, or Creditors. The term “we,” “us,” or “our” refers to H2H. If you wish to make use of the Services, you must read this Agreement and indicate your acceptance during the registration process to become a registered Consumer. The term “Creditor” shall mean any person or entity to which a debt or other obligation is owed including any agent of said Creditor assisting with collection of the debt. The term “Payment Processor” shall mean any credit card processor, bank or other payment processor.
You may not use any of the Services and you may not accept this Agreement if you are not legally authorized to accept and be bound by these terms or are not at least 18 years of age and, in any event, of a legal age to form a binding contract with H2H.
Before you continue, you should print or save a local copy of this Agreement for your records.
2. Description of the Services and Compensation
YouNegotiate.com is a free service (to Consumers) that allows you to resolve your debt with a Creditor without speaking to the Creditor and/or its collectors. The actual resolution of the debt is between you and Creditor, and we have no ability to bind you or Creditor.
You acknowledge that we may derive compensation in the form of a fee, commission, or other payment from Creditors, Payment Processors, or other third parties (e.g. advertisers on the Site), as applicable.
3. Your Account Information and Electronic Communications
In order to allow you to use the Services, you will need to sign up for an account. We may verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. These inquiries may include asking you for further information, requiring you to provide your full name, mobile or other phone number(s), full address, bank account (including routing numbers) and/or credit card information, your date of birth, the last four digits of your social security number, information regarding your creditors, and/or requiring you to take steps to confirm ownership of your email address and your bank account and/or credit card information. We have the right to verify information you provide against third party databases or through other sources (including the Creditors). If you do not provide this information or H2H cannot verify your identity, we can refuse to allow you to use the Services.
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your Login ID (e.g. email address or other identifying name), allows you to access the Sites. That Login ID and password, any mobile or other phone number, or other information you provide (as described above) form your “Account Information.” By providing us with your e-mail address, you consent to receive all required notices and information. Electronic communications may be posted on the Services site and/or delivered to your e-mail address that we have on file for you. It is your responsibility to promptly update us with your complete, accurate contact information, or change your information, including email address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser. Your consent to receive communications electronically is valid until you end your relationship with us.
You may print a copy of any electronic communications and retain it for your records. We reserve the right to terminate or change how we provide electronic communications and will provide you with appropriate notice in accordance with applicable law.
If you become aware of any unauthorized use of your Account Information, you agree to notify H2H immediately at the following email address – fastresponse@younegotiate.com.
If you believe that your Account Information or device that you use to access the Services has been lost or stolen, or that someone is using your account without your permission, you must notify us immediately in order to minimize your possible losses.
4. Your Use of the Services
Your right to access and use the Sites and the Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Sites and Services for lawful purposes. Accurate records enable H2H to provide the Services to you. You must provide true, accurate, current and complete information, and you may not misrepresent your Account Information. In order for the Services to function effectively, you must also keep your Account Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Services will be affected. You represent that you are a legal owner of, and that you are authorized to provide us with, all Account Information and other information necessary to facilitate your use of the Services.
Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Services or other actions that H2H, in its sole discretion, may elect to take. In no event will H2H be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime.
Your sole and exclusive remedy for any failure or non-performance of the Services, including any associated software or other materials supplied in connection with such services, shall be for H2H to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable Service.
5. Use With Your Mobile Device
Use of these Services may be available through a compatible mobile device, internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. H2H MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
6. Online and Mobile Alerts
H2H may from time to time provide automatic alerts and voluntary account-related alerts. Automatic alerts may be sent to you following certain changes to your account or information, such as a change in your Account Information, that an offer to settle a debt has been sent, or confirmation that a payment has been made.
Voluntary account alerts may be turned on by default as part of the Services. These alerts allow you to choose alert messages for your accounts. H2H may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert may have different options available, and you may be asked to select from among these options upon activation of your alerts service.
You understand and agree that any alerts provided to you through the Services may be delayed or prevented by a variety of factors. We may make commercially reasonable efforts to provide alerts in a timely manner with accurate information, but cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. H2H shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
Electronic alerts will be sent to the email address or mobile number you have provided for the Services. If your email address or your mobile number changes, you are responsible for informing us of that change. Alerts may also be sent to a mobile device that accepts text messages. Changes to your email address, devices, and/or mobile number will apply to all of your alerts.
7. Rights You Grant to Us
By submitting Account Information, you are allowing H2H to use the Account Information for the purpose of providing the Services. We may use and store the content in accordance with this Agreement and our Privacy Policy. You represent that you are entitled to submit it to H2H for use for this purpose, without any obligation by H2H to pay any fees or be subject to any restrictions or limitations. By using the Services, you expressly authorize H2H to access your Account Information maintained by identified third parties, on your behalf as your agent, and you expressly authorize such third parties to disclose your information to us.
8. H2H’s Intellectual Property Rights
The contents of the Services, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including source and object code) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of the Services belong or are licensed to H2H or its software or content suppliers. H2H grants you the right to view and use the Services subject to the terms of this Agreement. You may download or print a copy of information for the Services for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from the Services in whole or in part for any other purpose is expressly prohibited without our prior written consent. You agree not to use, nor permit any third party to use, the Site or the Services or content in a manner that violates any applicable law, regulation, or the terms of this Agreement.
9. Access and Interference
You agree that you will not:
- Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Services or any portion of the Services, without H2H’s express written consent, which may be withheld in H2H’s sole discretion;
- Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Services, other than the search engines and search agents available through the Services and other than generally available third party web browsers (e.g. Chrome, Microsoft Internet Explorer, Safari, etc.);
- Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Services;
- Attempt to copy, decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services; or
- Attempt to gain an unauthorized access to any portion of the Services.
10. Disclaimer of Representations and Warranties
THE SITES, SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICES OR PROVIDED THROUGH THE SERVICES (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. H2H, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, "SUPPLIERS") MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SITE OR OF THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
NEITHER H2H OR ITS SUPPLIERS MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SITES OR OF THE SERVICES (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER H2H NOR ITS SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 10 AND 11 OF THIS AGREEMENT MAY NOT APPLY TO YOU.
BY WAY OF EXAMPLE AND NOT LIMITATION, H2H IS NOT RESPONSIBLE FOR (A) ANY COMMUNICATIONS BETWEEN YOU AND A CREDITOR (E.G. NEGOTIATIONS TO SETTLE A DEBT), (B) ANY PAYMENTS MADE BY YOU OR PAYMENT PROCESSORS, AND (C) WHETHER THE DEBT BEING NEGOTIATED IS ACCURATE OR ENFORCEABLE.
11. Limitations on H2H’s Liability
H2H SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SITES, YOUR USE OF THE SERVICES, THE SITES OR THIS AGREEMENT, EVEN IF H2H HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, H2H’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF $100.00 (ONE HUNDRED UNITED STATES DOLLARS).
12. Not a Legal, Tax, Financial Advisor, or Credit Repair Agency
NEITHER H2H NOR THE SERVICES ARE INTENDED TO PROVIDE LEGAL, TAX, OR FINANCIAL ADVICE. The Services are intended only to assist you in negotiating with your Creditors and trying to come to a mutually agreeable resolution of specific debts. Your personal financial situation is unique, and any information and advice obtained through the Service may not be appropriate for your situation. Accordingly, before making any final decisions regarding settlement of a debt, you should consider obtaining additional information and advice from your attorney, accountant, or other financial advisers who are fully aware of your individual circumstances.
You acknowledge that H2H is not a credit repair company or similarly regulated organization under applicable laws, and does not provide credit repair services. We do not provide any services to repair or improve your credit profile or credit score. Consult the services of a competent licensed professional when you need any type of this assistance.
13. Your Indemnification of H2H
You shall defend, indemnify and hold harmless H2H and its officers, directors, shareholders, employees, and agents from and against all claims, suits, proceedings, losses, liabilities, and expenses, whether in tort, contract, or otherwise, that arise out of or relate, including but not limited to attorneys’ fees, in whole or in part arising out of or attributable to any breach of this Agreement, any activity by you in relation to the Sites, or your use of the Services.
14. Ending your relationship with Us
This Agreement will continue to apply until terminated by either you or H2H. You will have the ability to close your account via your profile page.
H2H may at any time, terminate its legal agreement with you and access to the Services: (a) if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement); (b) if H2H in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); (c) for any reason and at any time with or without notice to you; or (d) immediately upon notice to the e-mail address provided by you as part of your Account Information.
You acknowledge and agree that H2H may immediately deactivate or delete your account and all related information and files in your account and/or prohibit any further access to all files and the Services by you. Further, you agree that H2H shall not be liable to you or any third party for any termination of your access to the Services.
15. Release
IF YOU HAVE A DISPUTE AGAINST ANOTHER USER (INCLUDING CREDITORS), YOU RELEASE US (AND OUR AFFILIATES AND SUBSIDIARIES, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY SUCH DISPUTE. IN ENTERING INTO THIS RELEASE YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.
16. Modifications
H2H reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites or Services with or without notice. H2H reserves the right to change the Services, in our sole discretion and from time to time. If you do not agree to the changes after receiving a notice of the change to the Services, you must stop using the Services. Your use of the Services, after you are notified of any change(s) will constitute your agreement to such change(s). You agree that H2H shall not be liable to you or to any third party for any modification, suspensions, or discontinuance of the Services.
H2H may modify this Agreement from time to time. Any and all changes to this Agreement may be provided to you by electronic means (i.e., via email or by posting the information on the Sites). In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Services after those changes are posted.
17. Governing Law and Forum for Disputes
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND H2H HAVE AGAINST EACH OTHER ARE RESOLVED.
You and H2H agree that any claim or dispute at law or equity that has arisen, or may arise, between you and H2H (including any claim or dispute between you and a third-party agent of H2H) that relates in any way to or arises out of this or previous versions of this Agreement, your use of or access to the Services, the actions of H2H or its agents, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Section.
A. Applicable Law
You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Ohio, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and H2H, except as otherwise stated in this Agreement.
B. Agreement to Arbitrate
You and H2H each agree that any and all disputes or claims that have arisen, or may arise, between you and H2H (including any disputes or claims between you and a third-party agent of H2H) that relate in any way to or arise out of this or previous versions of the Agreement, your use of or access to the Services, the actions of H2H or its agents, or any products or services sold, offered, or purchased through the Services shall be resolved exclusively through final and binding arbitration, rather than in court (“Agreement to Arbitrate”). Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
- Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND H2H AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND H2H AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court, subject to your and H2H's right to appeal the court's decision. All other claims will be arbitrated.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of the Agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 17(B)(1) ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), shall be for a court of competent jurisdiction to decide.
The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org. The use of the word "arbitrator" in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration; rather, the AAA's rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement to Arbitrate.
A party who intends to seek arbitration must first send to the other, by certified mail, a completed form Notice of Dispute ("Notice"):
H2H Group, Inc.
101 Marietta St NW #3305
Atlanta, GA 30303
Attention: Office of the CEO
H2H will send any Notice to you to the physical address we have on file associated with your H2H account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought.
If you and H2H are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or H2H may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to H2H at the foregoing address. In the event H2H initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your H2H account. Any settlement offer made by you or H2H shall not be disclosed to the arbitrator.
The arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or H2H may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and H2H subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or H2H may attend by telephone, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same H2H user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, H2H will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by H2H should be submitted by mail to the AAA along with your Demand for Arbitration and H2H will make arrangements to pay all necessary fees directly to the AAA. If (a) you willfully fail to comply with the Notice of Dispute requirement discussed above, or (b) in the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse H2H for all fees associated with the arbitration paid by H2H on your behalf that you otherwise would be obligated to pay under the AAA's rules.
With the exception of any of the provisions in Section 17(B)(1) of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.
IF YOU ARE A NEW USER OF OUR SERVICES, YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE ("OPT-OUT") BY MAILING US A WRITTEN OPT-OUT NOTICE ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THIS AGREEMENT FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO:
H2H Group, Inc.
101 Marietta St NW #3305
Atlanta, GA 30303
Attention: Operations Team
You must complete and mail that to us in order to opt out of the Agreement to Arbitrate. You must provide your name, address (including street address, city, state and zip code), Login ID and email address to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of this Agreement and its Legal Disputes Section will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
- Future Amendments to the Agreement to Arbitrate
Notwithstanding any provision in the Agreement to the contrary, you and H2H agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against H2H prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and H2H. If you do not agree to the amended terms, you must close your account within the 30-day period and you will not be bound by the amended terms.
C. Judicial Forum for Legal Disputes
Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and H2H must be resolved exclusively by a state or federal court located in Montgomery County, Ohio. You and H2H agree to submit to the personal jurisdiction of the courts located within Montgomery County, Ohio for the purpose of litigating all such claims or disputes.
18. Third Party Terms and Conditions
Your use of the Site may be subject to other terms and conditions of third parties, including, without limitation, those terms and conditions of any applicable App Store. Compliance with those terms and conditions are solely your responsibility.
19. Allegations of Copyright and Trademark Infringements; Notification
H2H respects the intellectual property rights of others and H2H asks that users of the Site and Services do the same. We respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act. If you believe that your intellectual property rights have been infringed, please notify our Designated Agent (as set forth below) and we will investigate.
H2H Group, Inc.
101 Marietta St NW #3305
Atlanta, GA 30303
Attention: DMCA Designated Agent
20. Transfer upon Sale
Notwithstanding anything in this Agreement to the contrary, H2H may transfer your information (including Account Information) to any purchaser of H2H (whether by stock sale, asset sale, merger, consolidation, or any other method of transfer).
II. PRIVACY POLICY
A. Types of Personal Information (“PI” or “Personal Information”) Collected and Uses.
CONTACT INFORMATION
Category and Sources of Personal Information
• You (the Consumer)
• Creditors and loan originators (when they upload your account information)
• Third parties, such as companies that help us maintain the accuracy of our information
Representative Information Elements
Types of information in this category include:
• Last four digits of your social security number
• Full date of birth
• Full name
• Mailing address
• Email address
• Mobile or other phone numbers
• Information regarding your Creditors/accounts and amounts owed (if sending invitation or offer to a creditor not yet on the YouNegotiate network)
• Credit card information
• Bank account information
Purpose for Collecting and Sharing the PI
To identify you and communicate with you, including:
• Match creditor accounts to Consumer profile
• Send transactional messages (payment confirmation, offer conformations, etc.)
• creditor to contact you regarding an offer or account (note you control this at the offer level)
• Send communications, surveys and invitations
• Personalize our communications and provide customer service
• Everyday business purposes
Categories of Third Parties to whom this type of Personal Information is Disclosed for a Business Purpose
We may disclose this type of information as described in this Privacy Policy, including:
• Our affiliates (“Affiliates”)
• Creditors
• Our service providers (“Service Providers”)
• Third parties who deliver our communications
Categories of Third Parties to whom this type of Personal Information is Sold
We do not sell this personal information.
GOVERNMENT-ISSUED IDENTIFICATION INFORMATION NUMBERS
Category and Sources of Personal Information
We collect this type of information from various sources, including from:
• You
• Payment Processors, Creditors, etc.
• Third parties (e.g. entities which verify the information you provided).
Representative Information Elements
Types of information in this category include:
• Last four digits of your social security number
• Other government-issued identifiers as may be needed for compliance with law or to maintain the security and safety of your account and our services.
Purpose for Collecting and Sharing the PI
We use personal information as described in this Privacy Policy, including:
• To identify you
• To maintain the integrity of our records
• For verification purposes
• For security and risk management, fraud prevention and similar purposes
• For our everyday business purposes
Categories of Third Parties to whom this type of personal Information is Disclosed for a Business Purpose
We may disclose this type of information as described in this Privacy Policy, including to:
• Affiliates
• Service Providers
• Payment Processors, Creditors, etc.
Categories of Third Parties to whom this type of Personal Information is Sold
We do not sell this personal information.
UNIQUE IDENTIFIERS
Category and Sources of Personal Information
We assign unique identifiers to you when you register.
We collect this type of information from various sources, including from:
• You
• Third parties
Representative Information Elements
Types of information in this category include:
• Customer or account number
• System identifiers (e.g., Login ID and password)
• Device identifier
Purpose for Collecting and Sharing the PI
We use personal information as described in this Privacy Policy, including:
• To identify you or your device, including to associate you with different devices that you may use
• For our everyday business purposes
Categories of Third Parties to whom this type of Personal Information is Disclosed for a Business Purpose
We may disclose this type of information as described in this Privacy Policy, including to:
• Affiliates
• Service Providers
• Payment Processors, Creditors, etc.
Categories of Third Parties to whom this type of Personal Information is Sold
We do not sell this personal information.
TRANSACTION AND INTERACTION INFORMATION
Category and Sources of Personal Information
We collect this type of information from various sources, including from:
• You
• Payment Processors, Creditors, etc.
• Third parties
Representative Information Elements
Types of information in this category include:
• Consumer Account Information
• Interactions with Payment Processors, Creditors, etc.
• Bank account, credit card, or other payment information
Purpose for Collecting and Sharing the PI
We use personal information as described in this Privacy Policy, including:
• To fulfill our business relationship with you, including customer service
• For recordkeeping and compliance, including dispute resolution
• For internal business purposes, such as finance, quality control, training, reporting and analytics
• For risk management, fraud prevention and similar purposes
• For our everyday business purposes
Categories of Third Parties to whom this type of Personal Information is Disclosed for a Business Purpose
We may disclose this type of information as described in this Privacy Policy, including to:
• Affiliates
• Payment Processors, Creditors, etc.
• Service Providers
Categories of Third Parties to whom this type of Personal Information is Sold
We do not sell this personal information.
ONLINE & TECHNICAL INFORMATION
Category and Sources of Personal Information
We collect this type of information from sources as described in this Privacy Policy, including from:
• You
• Your computer or devices when you interact with the Site
• Automatically, via technologies such as cookies, web beacons, when you visit our Site
• Third parties, including security and advertising partners.
• We also associate information with you using unique identifiers collected from your devices or browsers.
Representative Information Elements
Types of information in this category include:
• IP Address
• Address or other device identifiers or persistent identifiers
• Login ID
• Password
• Device characteristics (such as browser information)
• Web Server Logs
• Application Logs
Purpose for Collecting and Sharing the PI
We use personal information as described in this Privacy Policy, including:
• For system administration, technology management, including optimizing our websites and experiences
• For information security and cybersecurity purposes, including detecting threats/spam
• For recordkeeping, including logs and records maintained as part of transaction information
• To better understand our customers and prospective customers and to enhance our Relationship Information, including by associating you with different devices and browsers that you may use
• For our everyday business purposes
Categories of Third Parties to whom this type of Personal Information is Disclosed for a Business Purpose
We may disclose this type of information as described in this Privacy Policy, including to:
• Affiliates
• Service Providers
• Third parties who assist with our information technology and security programs
• Third parties who assist with fraud prevention, detection and mitigation
Categories of Third Parties to whom this type of Personal Information is Sold
We do not sell this personal information.
B. Privacy Policy – Other Terms
OTHER DISCLOSURE
Notwithstanding anything herein to the contrary, we may disclose personal information if, in good faith, we believe that such disclosure is necessary (i) to comply with relevant laws or to respond to discovery requests, subpoenas, or warrants served on us; (ii) in connection with any legal investigation; (iii) to protect or defend the rights or property of H2H or users of the Services; (iv) to investigate or assist in preventing any violation or potential violation of law or this Agreement; or (v) if we believe that an emergency involving the danger of death or serious physical injury to any person requires or justifies disclosure of information.
WAYS YOU CAN ACCESS, CONTROL, AND CORRECT YOUR ACCOUNT INFORMATION
You can see, review and change most of your Account Information by signing into your account. Please, update your personal information immediately if it changes or is inaccurate.
We will honor any legal right you might have to access, modify or erase your personal information. To request access and to find out whether any fees may apply, if permitted by applicable laws, please contact us at the following email address: fastresponse@younegotiate.com.
Where you have a statutory right to request access or request the modification or erasure of your personal information, we can still withhold that access or decline to modify or erase your personal information pursuant to applicable national laws.
Upon your request (which can be done via your account settings), we will close your account and remove your personal information from view as soon as reasonably possible, based on your account activity and in accordance with applicable laws; provided that any transactions initiated prior to such closure will still be processed.
NON-IDENTIFIABLE DATA
Subject to applicable laws, notwithstanding anything herein to the contrary, we have the right to use non-identifiable data (including aggregated data) in any manner see fit.
STORAGE DURATION AND ERASURE
Your personal information will be stored by us in accordance with the Privacy Policy. Subsequently, we will delete your personal information in accordance with our data retention and deletion policy or take steps to properly render the data anonymous, unless we are legally obliged to keep your personal data longer (e.g. for tax, accounting or auditing purposes).
DATA SECURITY
We protect your personal data through technical and organizational security measures to minimize risks associated with data loss, misuse, unauthorized access and unauthorized disclosure and alteration. To this end we use firewalls and data encryption, for example, as well as authorization controls for data access.
CALIFORNIA PRIVACY RIGHTS
Under the California Consumer Privacy Act (CCPA), if you are a California resident, you have the rights set forth in this section. Any terms defined in the CCPA have the same meaning as used within this section.
Right to Know
You have the right to know the categories of personal information that we collected and shared for a business purpose during the prior 12 months. Please see the above information regarding what we collect and how it is shared.
Right to Access/Disclosure Right
You have the right to request a disclosure of the personal information collected and shared about you over the past 12 months and the purpose for doing so. Upon submission of a verifiable consumer request, we will provide you with the following information.
- The categories of personal information we collected about you.
- The categories of sources for the personal information we collected about you.
- Our business or commercial purpose for collecting or selling that personal information.
- The categories of third parties with whom we share that personal information.
- The specific pieces of personal information we collected about you.
- A list that includes the personal information that we disclosed for a business purpose, identifying the category of personal information that each category of recipient obtained; and
If we provide this information to you electronically, the information will be in a portable format. To the extent that it is technically feasible, we will provide you the information in a readily useable format that you can easily transfer to another entity.
Right to Deletion
If we collected personal information from you, you have the right to request the deletion of this personal information.
Right to Be Free from Discrimination
California residents have the right to be free from discrimination for exercising any of the California consumer privacy rights. If you choose to exercise any of your CCPA rights, we will not:
- Deny you the Services;
- Charge you a different price or rate for goods or services, including through granting discounts or other benefits, or imposing penalties;
- Provide you a different level or quality of Services; or
- Suggest that you may receive a different price or rate for Services or a different level or quality of Services.
If you have any questions or requests regarding your rights as a California resident, please contact us at the following email address - fastresponse@younegotiate.com.
