Terms of Service

PLEASE CAREFULLY REVIEW THESE TERMS OF USE BEFORE USING THE FAMILYCREDIT.ORG WEB SITE OR ANY OTHER WEB SITE OPERATED BY US (COLLECTIVELY, THE "SITES") OR ANY OF OUR MOBILE APPLICATIONS, OR OBTAINING AND/OR USING ANY OF OUR SERVICES. BY ACCESSING, BROWSING, AND USING THE SITES OR OUR MOBILE APPLICATIONS IN ANY WAY (INCLUDING BY REQUESTING THAT WE REVIEW YOUR CREDIT INFORMATION WITH YOUR CONSENT) YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, PLEASE EXIT THE SITES, OUR MOBILE APPLICATION, OR OTHER SERVICES IMMEDIATELY AND DO NOT USE THEM IN ANY WAY.

The following are terms of a legal agreement (the "Agreement") between you and Family Credit Counseling Service, Inc DBA Family Credit Management, an Illinois corporation ("Family Credit Management", "FCM", "we", or "us"), that sets forth the terms and conditions for your access to and use of our web and mobile services, including web and mobile Internet sites and mobile applications, including without limitation Internet Web site located at www.familycredit.org and any other web sites operated by us (collectively, the "Sites") (however accessed and/or used, whether via personal computers, mobile devices or otherwise) which are owned and operated by FCM (such services, the Sites shall collectively be referenced as the "Services"). This Agreement also applies to your use of interactive features or downloads that: (i) we own or control; (ii) are available through the Services; or (iii) interact with the Services and post this Agreement. This Agreement governs your use of the Services. By accessing, browsing, and/or using the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement and to comply with all applicable laws and regulations. The terms and conditions of this Agreement form an essential basis of our bargain.

The Services contain materials including, without limitation: graphics; layout; text; content; instructions; images; audio; videos; designs; trademarks; logos; domain names; trade names; service marks and trade identities; any and all copyrightable material (including source and object code); the "look and feel" of the Services; the compilation, assembly and arrangement of the materials of the Services; and all other materials related to the Services (collectively, the "Content"). The Services also provide functions and services for which you can elect such as to obtain a review of your credit report for free, related analysis of the information in connection therewith, and if you so choose, to participate in our Debt Management program (collectively, the "Product").

We reserve the right to amend this Agreement from time to time and will notify you of any such changes by posting the revised Agreement on the Sites. You should check this Agreement periodically for changes. All changes shall be effective upon posting. For material changes, we will provide reasonable advance notice (e.g., site banner and/or email for account holders). Changes take effect on the stated effective date. Continued use after that date constitutes acceptance. We may terminate, suspend, change, or restrict access to all or any part of the Services without notice or liability.

In some instances, both this Agreement and separate governing documents setting forth additional conditions may apply to a particular service or product offered via the Services ("Additional Terms"). The Additional Terms are incorporated by reference into this Agreement. To the extent there is a conflict between this Agreement and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.

1. Submitting a Free Quote Form

Through the Services, you may elect to request a free debt management quote and related analysis of information gleaned from your credit report should you give permission for its review. The decision to provide information to us is purely optional; however, if you elect not to provide such information, you may not be able to access certain features or functions of the Services.

Only users eighteen (18) years of age or older may submit a request for a free debt management quote, and to participate in FCM's products and services. By submitting a request for a free quote, you certify that you are eighteen (18) years of age or older.

When you provide FCM with your information, you agree to provide only true, accurate, current and complete information about yourself and your accounts to the best of your knowledge at the time.

If you enroll in a DMP and utilize the online log-in page, you agree that you will not give or share your log-in credentials with anyone other than your co-applicant (if applicable.) You are responsible for maintaining the confidentiality of your password, and for restricting access to your computer or other device used so that others may not access your password-protected account using your name in whole or in part.

We reserve the right to terminate your account in our sole discretion without liability.

1A. Accessibility and Eligibility

Accessibility. FCM is committed to making the Services accessible to all users. We aim to improve accessibility and follow recognized best practices such as WCAG 2.1 AA standards. If you experience difficulty accessing any part of the Services, please contact us at counseling@familycredit.org or 815-484-1600, and we will work to assist you.

Eligibility. The Services are intended for individuals eighteen (18) years of age or older. We do not knowingly collect personal information from children under the age of thirteen (13). If we learn that we have received personal information from a child under 13 without verified parental consent, we will delete that information as required by applicable law.

2. Specific Consents Granted Upon Submission of Quote Form (Credit Report Authorization)

By submitting a free-quote request, you provide "written instructions" under the Fair Credit Reporting Act (FCRA) authorizing Family Credit Counseling Service, Inc. dba Family Credit Management ("FCM") to obtain and review your consumer report(s) (including score(s)) from Experian, Equifax, and/or TransUnion for counseling and program-eligibility purposes. This authorization remains in effect until you revoke it by emailing counseling@familycredit.org or writing to Family Credit Management, Attn: Counseling, 4306 Charles St., Rockford, IL 61108. You also authorize the credit bureaus to provide consumer report(s) and score(s) to FCM for these purposes. FCM may retain copies of your report(s)/score(s) with your quote information (your "Consumer Profile") in accordance with our Privacy Policy. FCM does not sell personal information and shares it only with service providers acting on our behalf, with applicable NFCC/HUD reporting, or as required by law. Your enrollment in a Debt Management Plan is entirely optional.

Electronic Records Disclosure (E-SIGN). With your consent, we deliver disclosures, agreements, and notices electronically. You may request paper copies at no charge by emailing counseling@familycredit.org or calling 815-484-1600. You may withdraw consent at any time with no fees or penalties; doing so may delay certain communications. Keep your email and mailing address current by contacting us. System needs: a current browser (Windows/macOS/iOS/Android), a PDF reader, and the ability to download/print. If our system requirements change materially, we will notify you.

Communications Consent (Calls/SMS/TCPA). By providing a telephone number, you agree that FCM may contact you by call or text about counseling, programs, and account servicing, including using an autodialer or prerecorded/artificial voice. Message/data rates may apply. Message frequency varies. Reply STOP to cancel, HELP for help. Consent is not required to obtain services. You may revoke consent by replying STOP, or by emailing counseling@familycredit.org or calling 815-484-1600. Texts are not sent to landlines.

Quality & Compliance. We may record phone calls and certain site/chat interactions for training, quality, and compliance. See our Privacy Policy.

FCRA Compliance Notice. Obtaining a consumer report without proper authorization is a violation of the Fair Credit Reporting Act ("FCRA") and may result in civil or criminal penalties. By submitting a free-quote request, you represent that all information you provide is true and that you are requesting your own credit information for counseling or program-eligibility purposes. FCM does not furnish your credit report or credit score to any third party, except as permitted by law and described in our Privacy Policy.

3. Repayment Estimates

We may use information from your credit report or the creditor list you provide, such as account balances, fees and other related items to create a customized action plan for you, including a quote to consolidate your debt through our DMP. We will provide you with a quote that is dependent on the accuracy of the information you give us and/or the accuracy of the information contained in your credit report. Actual payment amounts and payoff dates are dependent on 1) accurate balances and interest rates as confirmed by your current creditor statements or through speaking with your creditors and 2) regular, full payments to FCM as described in the Client Agreement.

4. Receiving Your Credit Report

Family Credit Management may be authorized by you to pull your credit report from one of the three major credit bureaus. At such time, FCM will analyze your report and discuss its contents with you as part of your holistic action plan.

However, FCM is not authorized to provide a copy of your credit report to you. This limitation comes from our contractual agreements with the credit reporting agencies and does not affect your rights under federal or state law. Federal law allows you to obtain a free copy of your own credit report from www.annualcreditreport.com, which may be more complete or more current than the version FCM accesses for counseling purposes.

You are allowed to receive one free credit report under the Fair Credit Reporting Act from each of the three U.S. national credit reporting agencies (Experian, Equifax, and TransUnion) during any twelve-month period. You may also be able to receive free credit reports as permitted by state law. You may contact your local consumer protection agency or state attorney general to learn more about your rights under state law.

For information on obtaining a free credit report from Experian, Equifax, or TransUnion, you may contact them directly at www.experian.com, www.equifax.com, and www.transunion.com.

5. Limitations of Use

You agree to use the Services only for lawful purposes. You are prohibited from any use of the Services that would constitute a violation of any applicable law, regulation, rule or ordinance (federal, state, or local) or of any international law or treaty, or that could give rise to any civil or criminal liability. Any unauthorized use of the Services, including but not limited to, unauthorized entry into FCM's systems, misuse of client ID or passwords, or misuse of any information posted on or available through the Services is strictly prohibited. Your eligibility for products or services is subject to final determination by FCM.

You are solely responsible for your interaction with other users of the Services, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and use your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online activities.

Acceptable Use. You may not:

(i) attempt to gain unauthorized access to the Services or test their vulnerabilities;

(ii) harvest, scrape, or collect data from the Services without consent;

(iii) transmit malware, viruses, harmful code, spam, or unlawful content;

(iv) infringe, misappropriate, or violate the rights of others;

(v) impersonate any person or entity or misrepresent your affiliation; or

(vi) use the Services to record communications without any consent required under applicable law.

6. Promotions

The Services may contain or offer sweepstakes, contests or other promotions, which may be governed by a separate set of rules that describe the sweepstakes, contest or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether your participation, registration or entry will be valid and to determine the sponsor's requirements of you in connection with the applicable sweepstakes, contest or promotion.

7. User Content You Submit

7.1 User Content Generally

The Services may provide you and others with the ability to submit, post, upload, display, transmit, or otherwise provide content or materials to FCM or through the Services, including comments, questions, reviews, testimonials, text, photographs, graphics, audio or video files, feedback, suggestions, or other materials ("User Content"). User Content may be visible to other users depending on where it is submitted.

7.2 Your Responsibilities and Representations

You are solely responsible for your User Content and for ensuring that it complies with these Terms and all applicable laws. By providing User Content, you represent and warrant that:

• you own the User Content or have all necessary rights to grant the licenses described in these Terms;

• your User Content does not infringe, misappropriate, or violate any third-party rights (including privacy, publicity, or intellectual property rights); and

• your User Content is accurate, lawful, and does not violate these Terms or the FCM Blog Usage Rules.

Upon request, you agree to provide documentation confirming the rights you have granted to FCM.

7.3 License to FCM for User Content (Operational Use)

You retain ownership of your User Content. However, by submitting User Content, you grant FCM a non-exclusive, worldwide, royalty-free license to host, store, use, reproduce, modify (including for formatting or technical purposes), adapt, publish, display, perform, distribute, and otherwise process your User Content as reasonably necessary to:

• operate, maintain, and improve the Services;

• provide and deliver services to you;

• communicate with you; and

• enforce these Terms and protect FCM, our users, and the public.

This license lasts only for as long as your User Content is stored in connection with the Services. FCM does not sell User Content.

7.4 Testimonials, Reviews, and Endorsements

If you submit a review, testimonial, success story, comment about your experience with FCM, or similar content, you grant FCM permission to display, reproduce, publish, and otherwise use that content in connection with the Services and in FCM's marketing, educational, or promotional materials.

Where required by law, FCM will obtain your consent before using identifying information such as your name or city/state. You may revoke your consent for future uses at any time by emailing counseling@familycredit.org. Revocation will not require FCM to remove past uses already published or distributed.

7.5 No Expectation of Confidentiality for Public Areas

User Content submitted through public or interactive areas of the Services is not confidential. Do not submit non-public personal information, financial account numbers, Social Security numbers, or other sensitive data through public or interactive areas.

User Content submitted directly to FCM through non-public channels will be handled according to FCM's Privacy Policy.

7.6 FCM's Rights to Monitor, Remove, and Disclose User Content

FCM has no obligation to monitor User Content. However, FCM may, in its sole discretion and without notice:

• review, monitor, or screen User Content;

• remove, refuse to post, block, or disable access to any User Content; and

• disclose User Content when required to comply with law, enforce these Terms, respond to claims, or protect the rights, property, or safety of FCM, our users, or the public.

You understand that FCM is not required to retain or return any User Content.

7.7 No Compensation

You agree that you will not receive any payment, royalty, or other compensation for any User Content or for any use of User Content permitted under these Terms. FCM may use ideas, feedback, or suggestions contained in User Content without restriction or compensation.

7.8 Risk of Relying on User Content

Other users may post content that is inaccurate, incomplete, misleading, or offensive. FCM does not endorse, guarantee, or assume responsibility for User Content. You agree that you must evaluate and bear all risks associated with your use of or reliance on any User Content.

8. FCM Blog Usage Rules

As a user of the Services, you agree that these FCM Blog Usage Rules ("Rules") are here to help you understand the conduct that is expected of individuals who participate in the FCM Blog. Your participation in the FCM Blog is subject to the Terms in this Agreement, including these Rules. We reserve the right, in our sole discretion, to monitor and screen all User Content submitted to the Services and may disregard any User Content that, in our sole discretion, violates these Rules or the Agreement, or that we otherwise find objectionable.

Please follow these Rules as you upload any User Content:

User Content must be yours. All User Content must be original with you, not copied from someone else's work, and you must have all rights in the User Content; OR, all persons who contributed in any way or have any rights to your User Content or otherwise appear in the User Content have given you permission to upload and distribute the User Content on the Services and elsewhere.

No pictures or images of anyone but you, your friends and family. If you choose to upload photos to the Services, link to embedded videos, or include other images of real people, make sure they are of you or of you and someone you know – but only with their express permission to submit it, and if that person is a minor in the jurisdiction in which they live, with the express permission of his/her parent or legal guardian. If you are submitting a picture of someone else's pet, you must have permission of the pet owner to do so.

Please act appropriately. Express yourself with non-offensive individual self-expression. Be respectful of others' opinions and comments so we can continue to build the FCM Blog for everyone to enjoy. If you think your User Content might offend someone or be embarrassing to someone, chances are it probably will and it doesn't belong on the Services. Cursing, flaming, harassing, stalking, posting insulting comments, personal attacks, gossip or similar actions are prohibited. Your User Content may not threaten, abuse or harm others. Your User Content may not include any negative comments that are connected to race, national origin, religion, gender, sexual preference or physical or mental disability or that are defamatory, slanderous, indecent, obscene, pornographic or sexually explicit. If you discover content that violates these Terms, you may report such abuse by clicking on the "report abuse" buttons located throughout the Services.

Don't upload third party materials. Your User Content should not contain any visible logos, phrases or trademarks or other third-party materials. Do not use any User Content that belongs to other people and pass it off as your own. This includes any content that you might have found elsewhere on the Internet.

Does your User Content contain music or video content? Your User Content may not contain any music or video content unless the work and performance is original with you and/or you have all rights to the musical and video work (including any performances). No jingles, sampling or otherwise of music.

Do not upload User Content that is inappropriate or illegal. Your User Content may not promote any illegal activity. If someone could go to jail for acting as suggested by your User Content, don't upload or post it. If you do upload or post User Content that is illegal or in violation of applicable law, we reserve the right to take action that we deem appropriate, in our sole discretion, including reporting you to the proper governmental authorities.

No violence or cruelty to animals. Your User Content may not promote violence or cruelty to animals or describe how to perform a violent or cruel act.

Be honest and do not misrepresent yourself or your User Content. Do not impersonate any other person, user or company or upload or post User Content that you know is false, fraudulent, deceptive, inaccurate, misleading or that misrepresents your identity or affiliation with a person or company.

Others are watching. We hope that you will use the FCM Blog to exchange information and content and have discussions with other members. However, please remember that the FCM Blog is a public forum and User Content that you post on the FCM Blog will be accessible and viewable by other users. Do not post personal information (e.g., first and last name, password, phone number, address, e-mail address or other personally identifiable information or contact information).

Don't share other people's personal information. Your User Content may not reveal another person's address, phone number, e-mail address, credit card number or any information that may be used to track, contact, or impersonate that individual or that is extremely personal in nature.

Don't damage the Services or anyone's computers. User Content may not upload viruses, Trojan horses, spyware or any other technologies that could impact the operation of the Services or any computer's or other device's operating system.

We reserve the right to request at any time proof of the permissions referred to above in the sections starting "User Content must be yours", "No pictures or images of anyone but you and your friends and family" and "Does your User Content contain music?" in a form acceptable to us. Failure to provide such proof may, if requested, lead to the User Content in question being removed from the Services.

9. Intellectual Property Information and Restrictions

Copyright. The copyright in the Content is held by FCM or by the original creator of the material and is protected by U.S. and International copyright laws and treaties. You are permitted to use the Content delivered to you through the Services only on the Services. You agree that the Content may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of FCM. You acknowledge that the Content is and shall remain the property of FCM. You may not modify, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. The use of the Content on any other web site, including by linking or framing, or in any networked computer environment for any purpose, is prohibited without FCM's prior written approval. You also may not, without FCM's written permission, "mirror" any material contained on the Services on any other server. You may not reverse engineer or reverse compile any of the Services' technologies, including but not limited to, any Java applets associated with the Services. Any unauthorized use of any Content on the Services may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications statutes and regulations.

Trademarks. FCM (including the FCM logo), FamilyCredit.org/FamilyCredit.com, and all related logos (collectively the "FCM Trademarks") are trademarks or service marks of FCM. Other company, product, and service names and logos used and displayed on the Services may be trademarks or service marks owned by FCM or others. Nothing in the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the FCM Trademarks displayed on the Services without our prior written permission in each instance. You may not use, copy, display, distribute, modify or reproduce any of the FCM Trademarks found on the Services unless in accordance with written authorization by us. We prohibit use of any of the FCM Trademarks as part of a link to or from any site unless establishment of such a link is approved in writing by us in advance. Any questions concerning any FCM Trademarks, or whether any mark or logo is a FCM Trademark, should be referred to FCM.

10. Copyright Complaints (DMCA)

We respect the intellectual property rights of others. If you believe content on the Services infringes your copyright, please send a notice to our DMCA Agent:

DMCA Agent: Sarabeth O'Neil-McAuliffe

Address: Family Credit Management at 111 N. Wabash Avenue, Unit 1408, Chicago IL 60602

Email: counseling@familycredit.org

Phone: 815-484-1600

Your notice must include: (1) your physical or electronic signature; (2) identification of the copyrighted work claimed to be infringed; (3) identification of the infringing material and information reasonably sufficient to locate it; (4) your contact information; (5) a statement of good-faith belief that use is not authorized; and (6) a statement, under penalty of perjury, that the information is accurate and that you are the copyright owner or authorized to act for the owner. FCM's agent is registered with the U.S. Copyright Office; see the Office's online directory for current details. We may remove content and terminate repeat infringers in appropriate circumstances.

11. Location of Services and Territorial Restrictions

The information provided by the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject FCM to any registration requirement within such jurisdiction or country. FCM controls and operates the Services from offices located in the United States and makes no representations or warranties that the information, products or services provided through the Services are appropriate for use or access in other locations. Anyone using or accessing the Services from other locations does so on his or her own initiative and is responsible for compliance with United States and local laws regarding online conduct and acceptable content, if and to the extent such local laws are applicable. We reserve the right to limit the availability of the Services and/or the provision of any Content, program, Products, service or other feature described or available through the Services to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide.

12. Links to Third-Party Sites

There may be links within the Services, or communications you receive through the Services, to third party sites or applications or our Services may include third party content that we do not control, maintain or endorse. We do not control those third party sites or applications or any of the content contained therein and you expressly acknowledge and agree that we are in no way responsible or liable for any of those third party sites or applications, including, without limitation, their content, policies, failures, promotions, products, services, actions and/or any damages, losses, failures or problems caused by, related to or arising from those third parties or their sites or applications. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH OTHERS FOUND ON OR THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. FCM ENCOURAGES YOU TO REVIEW ALL POLICIES, RULES, TERMS AND REGULATIONS, INCLUDING THE PRIVACY POLICIES AND TERMS OF USE OF EACH AND ANY THIRD-PARTY SITE OR APPLICATION THAT YOU VISIT OR USE. FCM DISCLAIMS ANY HARM THAT MAY RESULT FROM YOUR CHOICE TO USE ANY THIRD-PARTY SERVICES, INCLUDING, BUT NOT LIMITED TO, THIRD PARTY SERVICES HOSTED ON THE SITE WHICH MAY ASK TO ACCESS, AND MAY RETAIN, YOUR PERSONAL INFORMATION. YOU AGREE THAT YOUR USE OF THIRD-PARTY SERVICES IS AT YOUR OWN RISK.

Third-party sites may use cookies, pixels, or similar technologies. Review their privacy policies and terms.

13. Items Available for Download

Any items that we make available for download or use from the Services and/or our servers (the "Downloadable Items") are the copyrighted work of FCM or its licensors or suppliers. Your use of the Downloadable Items may be governed by Additional Terms, which may be included with the Downloadable Items. Please carefully read any Additional Terms to determine the full extent of conditions governing the use of such Downloadable Items. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE DOWNLOADABLE ITEMS TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT APPLICABLE TO SUCH DOWNLOADABLE ITEMS. Note that if you install certain applications that may be available via the Services, you consent to the download of software to your computer or mobile device and accept these Terms and any Additional Terms related to such application.

14. Educational Content Only; No Legal, Tax, or Investment Advice

The information provided through the Services is for general educational and informational purposes only. It does not constitute legal, tax, investment, or other professional advice, and should not be relied upon as a substitute for advice from an attorney, accountant, financial advisor, or other qualified professional who is familiar with your specific circumstances.

FCM does not guarantee that any particular debt, credit, budgeting, or financial strategy is appropriate for you. You are solely responsible for evaluating your own financial decisions and outcomes.

15. No Lending Activity; No Credit Decisions

Family Credit Management is a nonprofit credit counseling agency. We do not lend money, extend credit, make credit decisions, or provide debt settlement, bankruptcy filing, or legal representation services. Enrollment in a debt management plan does not involve the creation of a new loan and does not change your existing creditor–debtor relationships. You remain responsible for all debts owed to your creditors.

16. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, FCM DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND QUIET ENJOYMENT. FCM DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH THE SERVICES OR FROM FCM OR ITS REPRESENTATIVES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

17. Limitation of Liability

UNDER NO CIRCUMSTANCES WILL THE FCM PARTIES BE LIABLE FOR ANY LOSS OR DAMAGES INCLUDING, WITHOUT LIMITATION, GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF THE FCM PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATING IN ANY WAY TO:

(A) THE USE OF OR INABILITY TO USE THE SERVICES (INCLUDING ANY CONTENT OR DOWNLOADABLE ITEMS) OR ANY THIRD-PARTY SITE TO WHICH THE SERVICES ARE LINKED;

(B) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR SYSTEM FAILURE;

(C) THE COST OF OBTAINING SUBSTITUTE GOODS OR SERVICES;

(D) ANY PRODUCTS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES;

(E) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;

(F) STATEMENTS OR CONDUCT OF ANYONE USING THE SERVICES;

(G) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF ANY THIRD-PARTY ACCOUNT PROVIDER SITE; OR

(H) ANY OTHER MATTER RELATING TO THE SERVICES.

THE FCM PARTIES ARE NOT RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SERVICES AND TO NOTIFY US THAT YOU NO LONGER DESIRE TO RECEIVE THEM. IF YOUR USE OF THE SERVICES RESULTS IN THE NEED FOR SERVICING, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE FCM PARTIES ARISING OUT OF OR RELATED TO THE SERVICES WILL NOT EXCEED THE GREATER OF: (A) ONE HUNDRED U.S. DOLLARS ($100); OR (B) THE AMOUNTS YOU PAID TO FCM FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY. THIS LIMITATION APPLIES IN THE AGGREGATE TO ALL CLAIMS BY YOU, AND SHALL NOT LIMIT LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR WHERE OTHERWISE PROHIBITED BY LAW.

YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR OWN RISK.

18. Monitoring of the Services

FCM has no obligation to monitor the Services; however, you acknowledge and agree that FCM has the right to monitor the Services electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Services, or to protect itself or other users of the Services.

19. Security Features

Because we use security measures designed to protect your privacy and to safeguard your information, we may not always be able to successfully provide our Products to you, so we do not guarantee or warrant that we will be able to provide any such Products to you, even if you submit a registration form to us for such Products. FCM may use your personal information to the extent necessary to process your order and carry out the transactions that you enter with us. While we use reasonable safeguards, no method of transmission or storage is completely secure. Unauthorized access to password-protected areas of the Services is prohibited and may violate applicable law.

20. Governing Law and Dispute Resolution

20(a) Governing Law. This Agreement shall be subject to and construed under the laws of the State of Illinois, without reference to the conflicts of law provisions thereof.

20(b) Notice of Dispute and Good Faith Resolution. Before commencing arbitration, the party initiating a claim must first send a written Notice of Dispute to the other party and allow for a good faith effort at informal resolution.

If you are the client: Send your Notice of Dispute by U.S. Mail to Family Credit Management, Attn: Legal Department, 111 N Wabash Ave, Unit 1408, Chicago, IL 60602 or by email to disputeresolution@familycredit.org.

If FCM is the claimant: We will send our Notice of Dispute to your most recent mailing or email address on file.

Each Notice of Dispute must include: (1) your name, address, telephone number, and email address; (2) your client ID number (if applicable); (3) a clear statement describing the nature and basis of the dispute; and (4) the specific relief sought. The parties will then have thirty (30) days from receipt of the Notice to attempt in good faith to resolve the matter. If unresolved after 30 days, either party may commence arbitration.

20(c) Arbitration Agreement. If a dispute arises out of or relates to your access to or use of the Services and cannot be resolved through the informal process described in Section 20(b), you and FCM agree to resolve the dispute exclusively through final and binding individual arbitration.

This Section 20(c) applies only to disputes arising from your use of the Services governed by these Terms. If you enroll in a debt management plan or other program governed by a separate written client agreement, the arbitration provisions in that agreement will govern any dispute relating to that program.

Because the Services involve interstate commerce, the Federal Arbitration Act ("FAA") governs the interpretation and enforcement of this arbitration provision.

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules (the "AAA Rules") then in effect, as modified by this Agreement. The AAA Rules are available at www.adr.org or by calling AAA.

Unless the parties agree otherwise, the arbitration will be conducted virtually or telephonically. If an in-person hearing is required, it will take place in Cook County, Illinois, or in the county where you reside.

The arbitrator will have exclusive authority to resolve all disputes relating to the interpretation, applicability, enforceability, or formation of this arbitration provision. Judgment on the arbitration award may be entered in any court having jurisdiction.

Either party may bring an individual action in small claims court in a court of competent jurisdiction instead of arbitration, so long as the action remains on an individual basis.

YOU AND FCM VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT TO A TRIAL BY JURY.

20(d) Class Action Waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND FCM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING, INCLUDING PRIVATE ATTORNEY GENERAL ACTIONS.

The arbitrator may not consolidate more than one person's claims and may not preside over any form of class, collective, consolidated, or representative proceeding.

20(e) Arbitration Opt-Out Right. You may choose to opt out of the arbitration requirement in Section 20(c). If you do not wish to be bound by the arbitration agreement contained in these Terms, you must notify FCM in writing within sixty (60) days after the date you first become bound by these Terms. Your opt-out notice must be sent by U.S. Mail to Family Credit Management, Attn: Legal Department, 111 N Wabash Ave, Unit 1408, Chicago, IL 60602, or by email to disputeresolution@familycredit.org, and must include your name, address, telephone number, email address, and a clear statement that you are choosing to opt out of arbitration under these Terms.

Opting out of the arbitration requirement in these Terms will not affect, limit, or opt you out of any arbitration agreement contained in a separate written client agreement (such as a debt management plan agreement) that you may enter into with FCM. Any opt-out rights for such agreements are governed solely by the terms of those agreements.

If you do not submit a timely opt-out notice, you will be deemed to have accepted the arbitration requirement in Section 20(c).

21. Termination

This Agreement is effective until terminated by either you or FCM as set out below.

If you want to terminate your Agreement with FCM, you may do so by notifying FCM in writing. Your notice should be sent, in writing, to FCM address at 4306 Charles St. Rockford, IL 61108 and include your name, date of birth, and Client ID number for your FCM account.

FCM may terminate this Agreement at any time without notice, or suspend or terminate your access and use of the Services, the Content, and/or the Products at any time, with or without cause, in FCM's absolute discretion and without notice.

We may suspend or terminate access for cause (e.g., misuse, unlawful activity, non-payment) or where required by law. You may terminate at any time by written notice.

Survival: Sections concerning Ownership/Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, Governing Law and Dispute Resolution, Notices, and any other provisions that by their nature should survive will survive termination.

22. Indemnification

You agree to indemnify and hold the FCM Parties harmless from any third-party claims, losses, liabilities, damages, costs, or expenses (including reasonable attorneys' fees) to the extent arising from:

(i) your breach of these Terms;

(ii) your violation of any applicable law; or

(iii) your infringement or misappropriation of any third-party rights in connection with User Content you submit.

FCM will promptly notify you of any claim subject to this indemnification and will allow you to control the defense and settlement of the claim, provided that FCM may participate in the defense with counsel of its choosing at its own expense. You may not settle any claim in a manner that imposes ongoing obligations, admissions, or liability on FCM without FCM's prior written consent.

23. Miscellaneous

This Agreement constitutes the entire agreement between FCM and you in connection with your use of the Website, the Services, the Content, and/or the Products. If you enroll in a debt management plan or any other program offered by FCM, that enrollment will be governed by a separate written agreement, which will control in the event of any conflict with these Terms.

The failure of FCM to enforce any of its rights or act with respect to a breach of this Agreement by you or others does not constitute a waiver and will not limit FCM's rights with respect to such breach or any subsequent breaches. No waiver by FCM of any of the provisions in this Agreement will be of any force or effect unless made in writing and signed by a duly authorized officer of FCM. Neither the course of conduct between the parties nor trade practice will act to modify this Agreement. FCM may assign its rights and duties under this Agreement to any party at any time without any notice to you. This Agreement may not be assigned by you without FCM's prior written consent. You agree that FCM's agents and service providers are third-party beneficiaries of this Agreement, with all rights to enforce provisions of this Agreement applicable to them as if those agents and service providers were a party to this Agreement. If any provision of this Agreement will be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from the Agreement and will not affect the validity and enforceability of any remaining provisions. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that this Agreement will not be construed against FCM by virtue of having drafted it.

Notices. We may send notices electronically (email or in-product message) or by mail to your last known address. You may send notices to the address in Section 24. Certain service providers are third-party beneficiaries solely with respect to provisions that expressly confer rights on them.

24. Contacting Us

If you have questions regarding this Agreement or the practices of FCM, please contact us by email at counseling@familycredit.org or by regular mail at Family Credit Management, 111 N Wabash, Unit 1408, Chicago, IL 60602.

Last Updated: November 29, 2025

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