TERMS OF SERVICE
Last updated: July 10th, 2021
Schwartz Vays, LLC or its affiliates, as defined below (referred to as “Schwartz Vays,” “Company,” “us”, “we” or “our”) provides an online platform accessible at www.schwartzvays.com, or any schwartzvays.com sub-domains (collectively, the “Sites”) to facilitate and simplify debt collection services, including to allow for the following (collectively, “Schwartz Vays Services”):
• Community Associations to whom monies are owed (“Creditor(s)”) may track and facilitate the recovery of such monies due to them that are in delinquency or in default (“Delinquent Debts”),
• persons or institutions that owe monies or third-parties with the authority to discuss or negotiate the debt on behalf of such persons or institutions (in each case, “Debtor(s)”) may resolve Delinquent Debts (collectively, the “Schwartz Vays Services”).
Affiliates of Schwartz Vays include the following legal entities that may be attempting to collect from you: Schwartz Vays AL LLC, Schwartz Vays AK LLC, Schwartz Vays AZ LLC, Schwartz Vays AR LLC, Schwartz Vays CA LLC, Schwartz Vays CO LLC, Schwartz Vays CT LLC, Schwartz Vays DE LLC, Schwartz Vays DC LLC, Schwartz Vays FL LLC, Schwartz Vays GA LLC, Schwartz Vays HI LLC, Schwartz Vays ID LLC, Schwartz Vays IL LLC, Schwartz Vays IN LLC, Schwartz Vays IA LLC, Schwartz Vays KS LLC, Schwartz Vays KY LLC, Schwartz Vays LA LLC, Schwartz Vays ME LLC, Schwartz Vays MD LLC, Schwartz Vays MA LLC, Schwartz Vays MI LLC, Schwartz Vays MN LLC, Schwartz Vays MS LLC, Schwartz Vays MO LLC, Schwartz Vays MY LLC, Schwartz Vays NE LLC, Schwartz Vays NV LLC, Schwartz Vays NH LLC, Schwartz Vays NJ LLC, Schwartz Vays NM LLC, Schwartz Vays NY LLC, Schwartz Vays NC LLC, Schwartz Vays ND LLC, Schwartz Vays OH LLC, Schwartz Vays OK LLC, Schwartz Vays OR LLC, Schwartz Vays PA LLC, Schwartz Vays RI LLC, Schwartz Vays SC LLC, Schwartz Vays SD LLC, Schwartz Vays TN LLC, Schwartz Vays TX LLC, Schwartz Vays UT LLC, Schwartz Vays VT LLC, Schwartz Vays VA LLC, Schwartz Vays WA LLC, Schwartz Vays WV LLC, Schwartz Vays WI LLC, Schwartz Vays WY, LLC.
These terms and conditions, together with all agreements expressly incorporated by reference (collectively, these “Terms”), govern your access to and use of the Schwartz Vays Services, including all content, functionality, and services offered on or through the Schwartz Vays Services, regardless of whether or not you create an account with us (an “Account”). The terms “you,” “your” or “end user” as used in these Terms means any person or entity acting as a Creditor, Debtor, or otherwise using the Schwartz Vays Services, including by accessing the Site (each, a “User”).
THESE TERMS REQUIRE THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE ALL DISPUTES ARISING UNDER THEM, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
These Terms give you specific legal rights, and you may also have additional legal rights, which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under these Terms will not apply to the extent prohibited by Applicable Laws (as defined in Section 7 of these Terms).
- Key Terms
- Eligibility; No Use by Minors
- Creating an Account
- Access to the Schwartz Vays Services
- Accuracy and Completeness of Information
- Applicable Laws
- Payment Methods
- Usage Restrictions
- Intellectual Property
- User Submissions
- Copyright Policy and Complaints
- Linking from the Site, Social Media Channels or E-mails
- Use of Service Providers
- Technical Requirements
- Service Availability; Account Security
- Electronic Communications
- Disclaimer of Warranties
- Limitation of Liability
- United States Only
- Text Messaging Terms and Conditions
THE SCHWARTZ VAYS SERVICES ARE COMPRISED OF AN ONLINE SOFTWARE PLATFORM THROUGH WHICH CREDITORS AND DEBTORS ENGAGE IN THE RESOLUTION OF DELINQUENT DEBTS. YOU UNDERSTAND AND AGREE THAT FOR PURPOSES OF THE SCHWARTZ VAYS SERVICES PROVIDED BY SCHWARTZ VAYS, SCHWARTZ VAYS IS ACTING AS A “DEBT COLLECTOR,” AS DEFINED UNDER THE FAIR DEBT COLLECTION PRACTICES ACT.
These Services are not available where prohibited or limited by Applicable Laws.
Schwartz Vays is compliant with the rules of the applicable payment card networks.
Eligibility; No Use by Minors
The Schwartz Vays Services are intended solely for users who are 18 years of age or older. By accessing or using the Schwartz Vays Services, you represent and warrant that (i) you are 18 or older and otherwise have capacity to contract and (ii) if you are accessing or using the Schwartz Vays Services on behalf of an entity, you have the authority to bind that entity to these Terms.
Use of the Schwartz Vays Services is void where prohibited. Schwartz Vays does not offer Schwartz Vays Services outside of the United States and the Schwartz Vays Services are intended for a United States audience and controlled and offered by Schwartz Vays from the United States. Schwartz Vays makes no representations that the Schwartz Vays Services are appropriate or available for use in other locations. Those who access or use the Schwartz Vays Services from other jurisdictions are responsible for compliance with local law and Schwartz Vays expressly disclaims any responsibility or liability for any and all such use outside of the United States.
Creating an Account
Access to the Schwartz Vays Services
Subject to your compliance with these Terms, Schwartz Vays or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Schwartz Vays Services. This license does not include any resale use of any Schwartz Vays Services, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Schwartz Vays Services or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms are reserved and retained by Schwartz Vays or its affiliates, licensors, suppliers, publishers, rightsholders, or other content providers. No Schwartz Vays Services, nor any part of any Schwartz Vays Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Schwartz Vays. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Schwartz Vays without the express written consent of Schwartz Vays. You may not use any meta tags or any other “hidden text” utilizing Schwartz Vays’s name or trademarks without the express written consent of Schwartz Vays. You may use the Schwartz Vays Services only as permitted by law. The licenses granted by Schwartz Vays and your right to access and use the Schwartz Vays Services terminate if you do not comply with these Terms.
Accuracy and Completeness of Information
Schwartz Vays is not responsible for any harm or damage that may occur if information made available on or through the Schwartz Vays Services by Schwartz Vays, or by any Creditor, Debtor, Service Provider (as defined in Section 17), User or any other person or entity (including certain information or other content from third parties), is not accurate, reliable, effective, complete, or current, and we make no endorsement, representation, warranty, or guarantee of any kind about any such content, information, services, communications, or recommendations (collectively, “Schwartz Vays Content”). Such Schwartz Vays Content is provided for general information only and should not be relied upon or used as the basis for making decisions without interacting with any Creditors, Debtors, or other Users directly. All information reflected in the Schwartz Vays Content or elsewhere on the Sites that was provided to Schwartz Vays by any third party, including any Service Provider, Creditor, Debtor, or other User has been represented to us as true, complete and accurate at the time such information was provided, however, we do not represent, warrant, or guarantee that any Service Provider, Creditor, Debtor, or other User contributing to the Schwartz Vays Services is presenting accurate or complete information through the Schwartz Vays Services or otherwise. You acknowledge that information provided through the Schwartz Vays Services may be unavailable, inaccurate, or incomplete, including any representations made regarding performing any debt collection services, and any information about any specific Debtor, Creditor or other User.
You acknowledge and agree that (a) your use of the Schwartz Vays Services does not serve as your compliance with Applicable Laws and will not violate any provision of any Applicable Laws to which you are subject or pursuant to which you conduct your business, and (b) you will comply with all Applicable Laws when using the Schwartz Vays Services, which may include, among other Applicable Laws: Fair Debt Collection Practices Act (FDCPA) (15 U.S.C. § 1601), Fair Credit Reporting Act (FCRA) (15 U.S.C. § 1681), Equal Credit Opportunity Act (ECOA) (15 U.S.C. § 1691), Gramm-Leach-Bliley Act (GLBA) (15 U.S.C. § 6801), the Federal Trade Commission Act (15 U.S.C. § 45), and the Office of the Comptroller of the Currency Regulation (12 C.F.R. Part 40).
“Applicable Laws” means any (a) law, statute, regulation, ordinance, or subordinate legislation in force from time to time; (b) common law; (c) order, writ, judgment, injunction, decree, stipulation, award or determination entered by or with any Governmental Authority (defined in next paragraph below); (d) directive, policy, guideline, rule, or order made or given by a Governmental Authority, of, in the case of items (a) through (d) above, any country, or other national, federal, commonwealth, state, provincial, or local jurisdiction.
“Governmental Authority” means any federal, state, local, or foreign government or political subdivision thereof, or any agency or instrumentality of such government or political subdivision, or any self-regulated organization or other non-governmental regulatory authority or quasi-governmental authority (to the extent that the rules, regulations, or orders of such organization or authority have the force of law), or any arbitrator, court, or tribunal of competent jurisdiction.
Payments made by Users through the Sites in connection with the Schwartz Vays Services, including any applicable payments Debtors make in resolution of their Delinquent Debts (the “Debt Payments”) are processed using commercial or personal check, wire transfer, credit/debit card, direct debit (e-check), or through one of our third-party payment service provider(s) (each, a “Payment Service Provider”). Each of our Payment Service Providers accepts the Payment Methods listed in Section 9 below. Schwartz Vays does not view or store your full card information. For all purchases, our Payment Service Providers will collect your payment method details and charge your payment method. If we have your email on file with us, we may send you a confirmation notice for such payment.
You represent and warrant that (a) the Account, order, and payment method information you supply to us or our Payment Service Providers, as applicable, is true, correct and complete, (b) you are duly authorized to use such payment method for the purchase, (c) charges incurred by you will be honored by your payment method company, (d) you will pay all charges incurred by you at the posted prices, including all applicable taxes, if any, (e) you will not transfer the Schwartz Vays Services or password to anyone else, and (f) you will report to us any unauthorized or prohibited access or use of the Schwartz Vays Services through your Account.
If any of your Account or payment method information changes, as may be applicable to you, you agree to promptly update this information using the Site. We are not liable for any unauthorized use of your debit card, or other payment method by a third party in connection with your use of the Site or the Schwartz Vays Services.
Payment for any applicable Debt Payments can be made using ACH, credit/debit card, commercial or personal check, or wire transfer. You agree to any applicable processing fees which are currently (i) for credit and debit cards, 3.00% of the transaction amount, plus $0.30 per transaction, and (ii) for direct debit, 0.75% of the transaction amount, plus $0.30 per transaction. If you use any payment card to make any payments, including the Debt Payments, you hereby consent that we may submit charges to be charged to your payment card for such payments, including the Debt Payments in accordance with these Terms.
The rights granted to you in these Terms are subject to the restrictions in this Section. You hereby warrant, represent and agree that you will not use the Schwartz Vays Services or contribute any Schwartz Vays Content in the following manner: (i) rent, lease, sublicense, sell, transfer, assign, redistribute, host, or otherwise commercially exploit the Schwartz Vays Services or any part thereof; (ii) modify, make derivative works of, disassemble, reverse compile, attempt to find the source code of, or reverse engineer any part of the Schwartz Vays Services; (iii) access the Schwartz Vays Services in order to build a similar or competitive service; (iv) except as expressly stated herein, copy, reproduce, distribute, republish, download, post, display or transmit any part of the Schwartz Vays Services; (v) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter, interfere with or disrupt a computer or communication network, handheld device, mobile device, data, the Schwartz Vays Services, or any other system, device or property; (vi) access (or attempt to access) any of the Schwartz Vays Services by means other than through the interface that is provided by Schwartz Vays; (vii) access or use the Schwartz Vays Services in a way intended to avoid incurring fees; (viii) remove, obscure, or alter any proprietary rights notices (including copyrights and trademark notices); (ix) circumvent, disable, or otherwise interfere with the security or functionality of the Schwartz Vays Services or of features that prevent or restrict use or copying of any content or that enforce limitations on use of the Schwartz Vays Services or their content; (x) attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Schwartz Vays Services, the server(s) on which the Schwartz Vays Services are stored, or any server, computer, or database connected to the Schwartz Vays Services; (xi) infringe or violate the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (xii) violate any law, statute, ordinance, or regulation; (xiii) impersonate any person or entity, including without limitation any employee or representative of Schwartz Vays; (xiv) jeopardize the security of a user’s Account or anyone else’s Account; (xv) attempt, in any manner, to obtain the password, Account, or other security information from any other user; or (xvi) run Maillist, Listserv, or any form of auto-responder or “spam” on the Schwartz Vays Services or any processes that otherwise interfere with the proper working of the Schwartz Vays Services (including by placing an unreasonable load on the Schwartz Vays Services’ infrastructure).
Schwartz Vays reserves the right to suspend, or discontinue the Schwartz Vays Services or any part thereof with or without notice to you. You agree that Schwartz Vays will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Schwartz Vays Services or any part thereof. The Schwartz Vays Services or any part thereof may be suspended temporarily without notice for security reasons, system failure, maintenance and repair, or other circumstances.
The Schwartz Vays Services, and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, graphics, animation, video, and audio, and the design, selection, and arrangement thereof), are owned by Schwartz Vays, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You acknowledge and agree that Schwartz Vays and its licensors own all right, title and interest, including all intellectual property rights and other proprietary rights, in and to the Schwartz Vays Services, and no rights in the foregoing are transferred to you hereunder. The content of the Schwartz Vays Services may not be copied, disseminated, altered or made accessible to third parties for commercial purposes or by you for any purpose other than as expressly set forth in these Terms.
All Schwartz Vays trademarks, service marks, typefaces, company designs, logos and emblems on the Schwartz Vays Services and other Schwartz Vays materials are protected by trademark law. The marks and design elements used on the Schwartz Vays Services, and other Schwartz Vays materials are intellectual property of Schwartz Vays or its licensors. You will not copy, use, infringe upon, misappropriate or otherwise violate these marks and design elements. The Schwartz Vays Services may also display other product, service and/or company names that may be the trademarks of their respective owners.
By using the Schwartz Vays Services, you may have the opportunity to provide Schwartz Vays with information through interactive features Schwartz Vays may provide on or through the Schwartz Vays Services, including, without limitation, message boards, messaging/chat features, information sharing features (including the ability to e-mail information directly to other users), content sharing features, profiles, forums, and bulletin boards (collectively, “Interactive Features”) that allow users to post, submit, publish, display or transmit to other users, Schwartz Vays, or other persons, (“post”) information, data, content or materials, including, without limitation, any and all image(s), text, photograph(s), video(s), and sound recordings (“User Submissions”).
If you do post or submit User Submissions, and unless we indicate otherwise, you grant Schwartz Vays a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Schwartz Vays the right to use the name that you submit in connection with such content, at Schwartz Vays’s option. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Schwartz Vays for all claims resulting from content you supply. Schwartz Vays has the right but not the obligation to monitor and edit or remove any activity or content. Schwartz Vays takes no responsibility and assumes no liability for any content posted by you or any third party.
Copyright Policy and Complaints
Schwartz Vays respects the rights of all copyright holders and has adopted and implemented a policy that provides for the removal of materials from the Schwartz Vays Services that infringe the rights of copyright holders. If you believe that any material on the Schwartz Vays Services infringes upon any copyright that you own or control, please provide Schwartz Vays’s Copyright Agent (as defined below) the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Schwartz Vays’s Copyright Agent for notice of claims of copyright infringement on or regarding the Schwartz Vays Services can be reached via email at admin@Schwartz Vays.com.
Counter-Notice. If you believe that your Schwartz Vays Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Schwartz Vays Content, you may send a counter-notice containing the following information to Schwartz Vays’s Copyright Agent:
- Your physical or electronic signature;
- Identification of the Schwartz Vays Content that has been removed or to which access has been disabled and the location at which the Schwartz Vays Content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the Schwartz Vays Content was removed or disabled as a result of mistake or a misidentification of the Schwartz Vays Content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Miami-Dade, Florida, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by Schwartz Vays’s Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Schwartz Vays Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Schwartz Vays Content provider, member or user, the removed Schwartz Vays Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Schwartz Vays’s sole discretion.
Linking from the Site, Social Media Channels or E-mails
Our Schwartz Vays Services or e-mails may contain links to other third‑party sites that we do not control or maintain. We are not responsible for the privacy practices of any third‑party site. If you follow a link from the Schwartz Vays Services or e-mails to another site or application, that site or application’s privacy policies will govern any information that site or application collects about you. Please note when you leave the Schwartz Vays Services or an e-mail, and review the privacy statement at your destination before submitting any personal information.
Use of Service Providers
We may use third parties to provide any of the Schwartz Vays Services, in whole or in part (“Service Providers”). Our Service Providers are independent contractors. You understand that each such service is not controlled by Schwartz Vays but rather by the Service Provider over which Schwartz Vays has no control or power. Schwartz Vays shall not be liable for the acts or omissions of such Service Providers and does not provide any representation, warranty or guarantee as to their services.
You are responsible for making all arrangements necessary to have access to the Schwartz Vays Services, including, as applicable, your use of a computer with adequate software [or a supported mobile device] with internet connectivity, and ensuring that all persons who access the Schwartz Vays Services through your computer are aware of these Terms and comply with them. We shall not have any responsibility or liability for any telephone, data or other costs you may incur.
Service Availability; Account Security
Service Availability. You acknowledge that the Schwartz Vays Services are not intended to be 100% reliable and 100% available. We cannot and do not guarantee that you will receive the Schwartz Vays Services in any given time or at all. The Schwartz Vays Services are subject to interruptions from time to time and failures for a variety of reasons beyond Schwartz Vays’s control.
Account Security. If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Account is private and agree not to provide access to your Account to any other person or entity. You are at all times wholly responsible and liable for any activity that may occur on your Account. You agree to notify us immediately of any unauthorized access to or use of your Account, your user name or password or any other breach of security. You also agree to ensure that you exit from your Account at the end of each session. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information. You are responsible for all activity that occurs in association with your Account and for the confidentiality and security of any personal information and Schwartz Vays Content sent from or stored on your computer by the Schwartz Vays Services. Schwartz Vays is not liable for any losses or damages caused by your failure to maintain the confidentiality or security of your Account credentials or such personal information or Schwartz Vays Content.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
When you use any Schwartz Vays Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on the Site, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Disclaimer of Warranties
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THE SCHWARTZ VAYS SERVICES, AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SCHWARTZ VAYS SERVICES IS PROVIDED BY SCHWARTZ VAYS ON AN “AS IS,” “WHERE IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SCHWARTZ VAYS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE OPERATION OF THE SCHWARTZ VAYS SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SCHWARTZ VAYS SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANY RELIANCE ON OR USE OF THE CONTENT OR SCHWARTZ VAYS SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, SCHWARTZ VAYS DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, SATISFACTORY QUALITY, AND QUIET ENJOYMENT. SCHWARTZ VAYS DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON ITS BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. SCHWARTZ VAYS DOES NOT WARRANT THAT THE SCHWARTZ VAYS SERVICES, OR ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SCHWARTZ VAYS SERVICES, OR SCHWARTZ VAYS OR ITS HOSTING PROVIDERS’ SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO SCHWARTZ VAYS PARTY WILL BE LIABLE FOR ANY LOSSES CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, EAVESDROPPERS, HACKERS, INTERCEPTORS, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT OR OTHERWISE DAMAGE YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, MOBILE DEVICE, OR ANY OTHER MATERIALS DUE TO YOUR USE OF THE SCHWARTZ VAYS SERVICES OR YOUR ACCESSING OR DOWNLOADING OF ANY MATERIAL AVAILABLE THROUGH THE SCHWARTZ VAYS SERVICES. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SCHWARTZ VAYS SERVICES (OR ANY PART OF THE FOREGOING), OR ANY INFORMATION, CONTENT, MATERIALS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SCHWARTZ VAYS SERVICES OR ANY PART THEREOF (I) WILL WORK WITH ANY ASSOCIATED EQUIPMENT, DEVICES, SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES; (II) WILL DELIVER RESULTS THAT ARE INTENDED, ACCURATE OR RELIABLE; (III) WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ERROR-FREE; OR (IV) WILL MEET YOUR EXPECTATIONS. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SCHWARTZ VAYS SERVICES, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SCHWARTZ VAYS SERVICES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANY RELIANCE ON OR USE OF THE SCHWARTZ VAYS SERVICES OR ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SCHWARTZ VAYS SERVICES, IS AT YOUR SOLE RISK, AND SCHWARTZ VAYS HEREBY DISCLAIMS ANY AND ALL LOSSES, LIABILITIES, OR DAMAGES RESULTING FROM SUCH USE.
Limitation of Liability
IN NO EVENT SHALL THE SCHWARTZ VAYS PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING UNDER OR RELATING TO THE SCHWARTZ VAYS SERVICES OR YOUR USE THEREOF, OR THESE TERMS (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, PROFITS, GOODWILL, USE, DATA, OR OTHER ECONOMIC ADVANTAGE), AND INCLUDING, WITHOUT LIMITATION, THOSE DAMAGES RESULTING FROM ANY (A) ERRORS, MISTAKES, OMISSIONS OR INACCURACIES OF CONTENT; (B) LOST CONTENT OR USER DATA (INCLUDING DUE TO UNAUTHORIZED DISCLOSURE, ACCESS TO, OR PROCESSING OF, PERSONAL DATA OR CONTENT); (C) PERSONAL OR BODILY INJURY, DEATH OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SCHWARTZ VAYS SERVICES; (D) UNAUTHORIZED ACCESS TO OR USE OF OUR HOSTING PROVIDER’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (E) LACK OF SECURITY, INVASION OR LACK OF PRIVACY, VIOLATION OF THE RIGHT OF PUBLICITY, OR DEFAMATION; (F) FAILURE, DISRUPTION, DELAY, DOWNTIME, UNAVAILABILITY, UNRELIABILITY, NON-PERFORMANCE, INTERRUPTION, OR CESSATION OF TRANSMISSION OF, TO, OR FROM THE SCHWARTZ VAYS SERVICES; (G) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SCHWARTZ VAYS SERVICES; (H) INVESTMENTS, EXPENDITURES OR COMMITMENTS RELATED TO USE OF OR ACCESS TO THE SCHWARTZ VAYS SERVICES; COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; COST OF REPLACEMENT OR RESTORATION OF ANY COMPROMISED CONTENT; (I) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SCHWARTZ VAYS SERVICES OR OTHERWISE PROVIDED IN CONNECTION WITH THE SCHWARTZ VAYS SERVICES; OR (J) ACT OR OMISSION OF A THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, INTENTIONAL OR NEGLIGENT ACTS OF THIRD PARTIES THAT DISRUPT SERVICE; IN EACH CASE, WHETHER CHOATE OR INCHOATE, WHETHER BASED ON STATUTE, WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SCHWARTZ VAYS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
WITH REGARD TO ALL OTHER CLAIMS, IN NO EVENT SHALL THE LIABILITY OF THE SCHWARTZ VAYS PARTIES EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, THE LESSER OF (I) YOUR ACTUAL DIRECT AND DOCUMENTED DAMAGES OR (II) US $1000.
THE LIMITIATION OF LIABILITY SET FORTH IN THIS SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDITION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
You agree to indemnify, defend and hold harmless Schwartz Vays, and its affiliates, subsidiaries, officers, directors, employees, agents, founders, investors, parents, service providers (and their affiliates) and consultants from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to (i) your violation of these Terms; (ii) your use of the Schwartz Vays Services, including, but not limited to any use of Schwartz Vays’s or its Service Providers’ content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the Schwartz Vays Services; (iii) any inquiry or allegation by or on behalf of a Debtor regarding harm to the Debtor by you or by a third party on your behalf; (iv) a Debtor, Creditor, consumer or Government Authority inquiry, complaint or allegation in regards to harm to a Debtor, including by way of misuse of personally identifiable information; (v) Schwartz Vays Content or Ideas you provide to Schwartz Vays; (vi) your violation of any Applicable Laws or the rights of any third party, including any harassment or abuse, false or misleading representations, unfair, deceptive or abusive practices, misuse of consumer reports, failure to ensure the accuracy or integrity of consumer information, or any handling of consumer disputes; (vii) infringement of any third party rights, including the right to privacy, publicity or any intellectual property rights; or (viii) any product or service offered or provided by you or on your behalf or the manner in which you conduct the services rendered to Creditors, Debtors or any third parties. Schwartz Vays reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Schwartz Vays and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without Schwartz Vays’s prior written consent. Schwartz Vays will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
United States Only
ALTHOUGH OUR SITE MAY BE ACCESSIBLE WORLDWIDE VIA THE INTERNET, THE SCHWARTZ VAYS SERVICES ARE CURRENTLY MADE AVAILABLE ONLY FOR USE WHERE LEGAL IN THE UNITED STATES AND HAVE NOT BEEN DESIGNED OR TESTED FOR USE IN OTHER COUNTRIES OR THE U.S. TERRITORIES OR POSSESSIONS. IF YOU CHOOSE TO USE THE SCHWARTZ VAYS SERVICES FROM OUR SITE OUTSIDE OF THE CONTINENTAL UNITED STATES, YOU DO SO AT YOUR OWN RISK AND ARE SOLELY RESPONSIBLE FOR COMPLYING WITH THE APPLICABLE LOCAL LAWS OF YOUR COUNTRY.
Text Messaging Terms and Conditions
Text Messages and Pre-recorded calls
If we need to contact you regarding your account for any reason, including servicing, billing and/or collecting outstanding balance(s), you consent to receiving telephone calls (including prerecorded messages) and text messages at any telephone number(s) (including cellular numbers) you provide to us or contact us from. You agree that such communications may be generated by automatic dialer systems, automatic telephone dialing systems, and/or pre-recorded voice messages. You agree that such communications may be made to mobile or similar devices even if your mobile telephone provider may charge you for such communication. For the purposes of this Section, “we” and “us” include us, the credit grantor, our affiliates, agents, assigns, representatives and/or service providers. If you do not want to receive pre-recorded calls or SMS messages, you can unsubscribe by emailing firstname.lastname@example.org or calling 800-875-9221 with your request.
- Terms Applicable to Text Messages
To the extent that you receive text messages from Schwartz Vays (“Schwartz Vays text messages”), this Section 25(b) will apply. Schwartz Vays offers access to messages via recurring SMS (Short Message Service) and MMS (Multimedia Message Service) text messages.
You acknowledge that text messages will be sent to the mobile phone number you provide to Schwartz Vays. Schwartz Vays does not impose a separate charge for text messages; however, your mobile carrier’s message and data rates may apply depending on the terms and conditions of your mobile phone contract. You are solely responsible for all message and data charges that you incur. Please contact your mobile service provider about such charges.
You may opt out of Schwartz Vays text messages at any time. To stop receiving delivery service text messages, text STOP to 866-300-1169. Texting STOP to 866-300-1169 will opt you out of all future Schwartz Vays delivery service text messages. After you submit a request to unsubscribe, you will receive one final text alert from Schwartz Vays confirming that you will no longer receive text messages. No additional text messages will be sent unless you re-activate your enrollment. For questions about text messages, text the word Help to 866-300-1169, or contact Schwartz Vays at 866-300-1169.
The Schwartz Vays text message programs are offered on an “as is” basis and: (1) may not be available in all areas or through all wireless carriers at any or all times; and (2) may not continue to work in the event of product, software, coverage or other service changes made by your wireless carrier. Schwartz Vays may change or discontinue any of its text alert programs without notice or liability to you. Schwartz Vays and its related companies and each of their respective officers, directors, employees and consultants are not responsible and shall not be liable for any losses or injuries of any kind resulting, directly or indirectly, from any Schwartz Vays text message program or from technical failures or delays of any kind. Schwartz Vays reserves the right to cease delivery of text messages to any person at any time in its sole discretion. The wireless carriers are not liable for any delayed or undelivered text messages.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers, manufacturers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Florida.
YOU AND SCHWARTZ VAYS AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS SHALL BE FINAL AND BINDING ARBITRATION.
Either Schwartz Vays or you may demand that any dispute between Schwartz Vays and you about or involving your use of the Site must be settled by arbitration utilizing the Commercial Arbitration Rules of the American Arbitration Association (AAA) in Miami-Dade, Florida, USA, provided that the foregoing shall not prevent Schwartz Vays from seeking injunctive relief in a court of competent jurisdiction. Judgment on the award may be entered in any court of competent jurisdiction.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION OR CLAIM UNDER THESE TERMS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SCHWARTZ VAYS SERVICES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.
These Terms, and all rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent, but may be assigned by Schwartz Vays without restriction. Any attempted assignment by you will be null and void.
No Third-Party Beneficiaries of the Terms
These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you.
To You. We may provide any notice to you under these Terms by: (i) sending a message to the e-mail address you provide or (ii) by posting to the Site. Notices sent by e-mail will be effective when we send the e-mail and notices we provide by posting to the Site will be effective upon posting. It is your responsibility to keep your e-mail address current.
To Us. To give us notice under these Terms, you must contact us at email@example.com. We may update the facsimile number or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
Entire Agreement; Severability; No Waiver
To ask questions or provide comments on these Terms and our privacy practices, please contact us at firstname.lastname@example.org.
If you have any questions regarding the Schwartz Vays Services please contact us at email@example.com.
Changes to the Terms
Schwartz Vays will update these Terms from time to time. When we do, we will revise the “last updated” date at the top of this page. Schwartz Vays reserves the right, at any time, to modify or change the Schwartz Vays Services, including any applicable fees, without notice to you. We reserve the right to modify the contents of the Schwartz Vays Services at any time, but we have no obligation to update any information on the Schwartz Vays Services. You agree that it is your responsibility to monitor changes to the Schwartz Vays Services. For changes to these Terms that we deem to be material, we will notify you by placing a prominent notice on the home page of the Site. If at any time you do not agree to these Terms, please do not access or use any of the Schwartz Vays Services. Your continued use of the Schwartz Vays Services after a posted change to these Terms will constitute your acceptance of and agreement to such changes.
© Copyright 2021 Schwartz Vays, LLC All rights reserved.
OFFICE HOURS: Monday through Friday 9:00 AM – 5:00 PM. (All times are Eastern).
We are required under state law to notify consumers of the following rights. This list does not contain a complete list of the rights consumers have under the state and federal law.
California – The state Rosenthal Fair Debt Collection Practices Act and the federal Fair Debt Collection Practices Act require that, except under unusual circumstances, collectors may not contact you before 8:00 AM or after 9:00 PM. They may not harass you by using threats of violence or arrest or by using obscene language. Collectors may not use false or misleading statements or call you at work if they know or have reason to know that you may not receive personal phone calls at work. For the most part, collectors may not tell another person, other than your attorney or spouse, about your debt. Collectors may contact another person to confirm your location or enforce a judgement. For more information about debt collection activities, you may contact the Federal Trade Commission at 1.877-FTC-HELP or www.ftc.gov. Nonprofit credit counseling services may be available in the area.
California/Utah – As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.
Colorado – Colorado residents may contact our office by telephone at 800-875-9221 during the office hours stated above.
FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE WWW.COAG.GOV/CAR. A CONSUMER HAS THE RIGHT TO REQUEST IN WRITING THAT A DEBT COLLECTOR OR COLLECTION AGENCY CEASE FURTHER COMMUNICATION WITH THE CONSUMER. A WRITTEN REQUEST TO CEASE COMMUNICATION WILL NOT PROHIBIT THE DEBT COLLECTOR OR COLLECTION AGENCY FROM TAKING ANOTHER ACTION AUTHORIZED BY LAW TO COLLECT THE DEBT.
Massachusetts – Massachusetts residents may contact our office by telephone at 800-875-9221 during the office hours stated above. The business address is: 1401 Brickell Ave. Suite 320 Miami, FL 33131.
NOTICE OF IMPORTANT RIGHTS – YOU HAVE THE RIGHT TO MAKE A WRITTEN OR ORAL REQUEST THAT TELEPHONE CALLS REGARDING YOUR DEBT NOT BE MADE TO YOU AT YOUR PLACE OF EMPLOYMENT. ANY SUCH ORAL REQUEST WILL BE VALID ONLY FOR TEN DAYS UNLESS YOU PROVIDE WRITTEN CONFIRMATION OF THE REQUEST POSTMARKED OR DELIVERED WITHIN SEVEN DAYS OF SUCH REQUEST. YOU MAY TERMINATE THIS REQUEST BY WRITING TO THE CREDITOR.
Minnesota – This collection agency is licensed by the Minnesota Department of Commerce.
New York City – New York City Department of Consumer Affairs License number 2097825-DCA.
Be advised that debt collectors, in accordance with the Fair Debt Collection Practices Act, 15 U.S.C ss1692 et seq., are prohibited from engaging in abusive, deceptive, and unfair debt collection efforts, including but not limited to: (i) the use or threat of violence; (ii) the use of obscene or profane language; and (iii) repeated phone calls made with the intent to annoy, abuse, or harass.
If a creditor or debt collector receives a money judgment against you in court, state and federal laws may prevent the following types of income from being taken to pay the debt: 1. Supplemental security income (SSI); 2. Social security; 3. Public assistance (welfare); 4. Spousal support, maintenance (alimony) or child support; 5. Unemployment benefits; 6. Disability benefits; 7. Workers’ compensation benefits; 8. Public or private pensions; 9. Veterans’ benefits; 10. Federal student loans, federal student grants, and federal work study funds; 11. Ninety percent of your wages or salary earned in the last sixty days.
Please be further advised that in accordance with 6 RCNY § 5-77(e)(9) a debt collector must request a consumer’s preferred language. Accordingly, Schwartz Vays hereby requests that as part of your response to this communication, to please disclose your preferred language to our offices.
Schwartz Vays offers consumers the opportunity to speak with a Spanish speaking company representative. Schwartz Vays does not offer any language access services. A translation and description of commonly-used debt collection terms is available in multiple languages on the Department’s website, www.nyc.gov/dca.
North Carolina – North Carolina Department of Insurance Permit Number 512959653.
Tennessee – This collection agency is exempt from licensing by the Department of Commerce and Insurance.
Texas – Please call us toll-free at 800-875-9221.
Wisconsin – This collection agency is exempt from licensing by the Division of Banking in the Department of Financial Institutions, www.wdfi.org.
To all consumers: Federal law or other state laws may also provide you with similar or even greater rights.