14.1 Notice
Capital Debt Solution may provide you with notices by e-mail, regular mail or postings on any website. Notice will be deemed given twenty-four hours after e-mail is sent, unless Capital Debt Solution is notified that the e-mail address used is invalid. Alternatively, Capital Debt Solution may give you legal notice by mail to a postal address, if provided by you through any website. In such case, notice will be deemed given three (3) calendar days after the date of mailing.
All notices to Capital Debt Solution must be made in writing and mailed to:
Capital Debt Solution
4 Hutton Centre, 3rd Floor
California, CA 92707
Attn: General Counsel
14.2 Waiver and Severability of Terms
The failure of Capital Debt Solution to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by Capital Debt Solution. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the other provisions of these Terms of Use shall remain in full force and effect and the parties agree that such court should endeavor to give effect to the parties’ intentions.
14.3 Choice of Law; Forum
These Terms of Use shall be governed in all respects by the laws of the State of New York as they apply to agreements entered into and to be performed entirely within New York between New York residents, without regard to conflict of law provisions.
Any claim or dispute you may have against Capital Debt Solution must be resolved by a court located in New York County, New York, except as otherwise agreed by the parties or as described in Paragraph 13. You agree to submit to the personal jurisdiction of the courts located within New York, New York for the purpose of litigating all such claims or disputes.
All claims filed or brought contrary to either Section 13 or this Section 14.3 shall be considered improperly filed. Should you file a claim improperly, Capital Debt Solution may recover reasonable attorneys’ fees and costs, provided that Capital Debt Solution has notified you in writing of the improperly filed claim and you have failed to withdraw the claim promptly.
14.4 Assignment
You may not transfer or assign any of your rights and obligations under these Terms of Use without the express prior written consent of Capital Debt Solution, give in its sole discretion. However, you acknowledge and agree that Capital Debt Solution may freely and without restriction or limitation assign or transfer any of its rights and obligations under these Terms of Use.
14.5 Entire Agreement
These Terms of Use and any document incorporated by reference herein constitute the entire agreement between you and Capital Debt Solution and govern your use of the websites, superseding any prior agreements between you and Capital Debt Solution. Notwithstanding the foregoing, you also may be subject to additional terms and conditions that may apply when you use or purchase certain products and/or services provided by Capital Debt Solution or one of Capital Debt Solution’s third party business partners.
14.6 Survival
The following paragraphs shall survive termination or your refusal to continue to use the Service: 4, 6, 7, 8, 9, 10, 11, 12, 13 and 14.
PLEASE PRINT AND RETAIN A COPY OF THESE TERMS OF USE FOR YOUR RECORDS.
For additional information, Contact us at +1 (866) 888-8457 or Support@CapitalDebtSolution.com
Carriers are not responsible for delayed or undelivered messages.