TERMS OF USE

Canada Holding Group, d/b/a Student Debt Exchange (“SDE”) owns and operates the SDE website and any mobile applications offered by SDE. The following Terms of Use (“TOU”) govern your use of the SDE website. SDE may also offer other promotions, sweepstakes, contests, services, or features that have their own terms of use, and to the extent any portion of those special terms conflict with these TOU, the special terms will govern for that specific portion.

By using the website, you agree to be bound by these TOU. These TOU are a legal contract between you and SDE and govern your access to and use of the website together with any services offered through the website. These TOU are to read in conjunction with the SDE Privacy Policy, available here.

The SDE site and its services are intended for people 13 years of age or older. By accessing the Site, you represent that you are 13 years of age or older.

You agree that you will only use the website for personal use, and not for any other commercial venture. Accounts created on the SDE platform may only be held by students or graduates. Each user may hold only one account. SDE reserves the right to terminate accounts that are not held by students or graduates, or in cases where the user violates the TOU or creates multiple or fictitious accounts.

In using the website, you may interact with other users. You are solely responsible for any such interaction and agree to do so in a manner that is legal, respectable, and consistent with these TOU. SDE is not responsible for the conduct of any other user who may interact with you, regardless of whether or not it is done through the website.

Changes to TOU

SDE reserves the right to modify these TOU at any time without prior notice. You should visit the website from time to time to review the current TOU. By using the website subsequent to any modification of these TOU, you agree to be bound by such modification(s).

SDE does not represent that any of website content is completely accurate, and therefore any reliance on the website is done at your own risk.

Privacy Policy

Your use of the website is governed by the Privacy Policy located at here. The Privacy Policy is incorporated by reference into these TOU.

Intellectual and Other Property

Other than the exceptions referenced in these TOU or noted elsewhere, all other content on the website is the property of SDE including, but not limited to, all marks, logos, names, text, data, documents, messages, pictures, images, video, audio, graphics, links, software and its underlying code, domain name, or other electronic files (referred hereafter as “SDE Content”).

Certain elements the website, including but not limited to, text, graphics, photos, images, video, audio, color selections, organization and layout, are copyright protected under United States and international copyright laws and treaty provisions. Any SDE Content protected by intellectual property laws may not be copied, republished, posted, modified, edited, transmitted, distributed, used to create derivative works of, or reverse engineered, except that you may print out one copy of each Site page solely for personal, non-commercial use. No right, title, or interest in any SDE Content is transferred to you as a result of your accessing, downloading, or printing such content from the website.

You acknowledge that you have no right, title, or interest in or to the website and/or SDE Content.

Student Debt Exchange is a mark of SDE. Other marks, names, and logos on the website are the property of their respective owners.

There may be other content located on the website not owned by SDE, and you should respect those property rights as well. All rights not expressly granted herein are reserved to SDE.

Copyright Infringement Notification

If you believe that any content on the website infringes your copyright and you want the content removed from the website, please send a detailed message (under the Digital Millennium Copyright Act, the following information must be included in the message) to SDE’s designated agent for notice of claims of copyright infringement:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
  • 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 SDE to locate the material.
  • Information reasonably sufficient to permit SDE to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  • 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.
  • 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.

SDE’s Designated Agent is:

Pedro Torres
999 Ponce De Leon Blvd. Coral Gables, Fl. 33134
EMAIL:  admin@getundebt.com; or
PHONE:  305 461 4880
SDE reserves the right to terminate any user accounts connected to repeat copyright infringement offenders.

If you believe that any content on the website violates or infringes your intellectual property rights, other than related to copyright, please send a detailed email to admin@getundebt.com detailing your allegation. SDE takes infringement of intellectual property rights seriously and will investigate the matter.

Password/Username Protection

To utilize the website and participate in SDE’s services, you will be asked to set up a user account that will be password protected. You are responsible for maintaining the confidentiality of your password and account, and agree to notify SDE if your password is lost, stolen, disclosed to an unauthorized party, or otherwise may have been compromised. You are responsible for all activities that occur under your account. You may only set up one account, and must do so in your own name. You agree to immediately notify SDE at admin@getundebt.com of any unauthorized use of your account or any other breach of security in relation to the website or your account known to you. If SDE suspends or terminates your account under these TOU, you acknowledge that all information and content associated with such account will no longer be available to you.

You may cancel your account at any time by contacting us at admin@getundebt.com

Products and Services

SDE seeks to connect users to potential gig employment, but is not an agent of any employer or business, and does not create employment relationships between users and SDE. All gigs accepted through SDE are as an independent contractor. Any complaint, legal or otherwise, that you have regarding your experience with a particular service or gig is solely with that vendor and not SDE. SDE provides no representations or warranties, including but not limited to, as to the quality, value, safeness, or legality, of the products or services of third parties offered through the website, and you waive any and legal claims against SDE you may have as a result of your experience with a vendor’s product or service.

Links to Third Party Sites And Other Site Interaction

The App may contain links to external sites and apps not controlled and/or affiliated with SDE. If you use these links, you will leave the SDE website. For example, there may be links on the website to social media pages. SDE provides these links to you only as a convenience, yet SDE is not responsible for the content at the linked sites, including, without limitation, links displayed on such sites.

The display of the links are not meant to imply that SDE guarantees, approves, recommends, or endorses the linked sites or any information, content and/or products/services available on those linked sites. The links are not meant to indicate any association with SDE. SDE is not responsible or liable for any linked site. If you access the linked sites, you will be subject to the terms of use, privacy, and other policies applicable to those sites. You visit those sites at your own risk and should consult the sites’ policies.

SDE may also allow interaction between the website and other third party sites such as Facebook and other social media sites. This may include “Like” buttons or other interactions through third party buttons or plugins on the website that when used, may allow you to share content from the website with other persons on or through the third party sites or elsewhere. Please consult the privacy policies of these third party sites before using them to make sure you are comfortable with the level of sharing that will take place once you interact with them. It may be very different than how your user generated content and other content is shared on the SDE website. SDE has no control over these third party sites and you use these interaction functions at your own risk. SDE is in no way liable for any harm to you as a result of using one these interaction functions.

User Generated Content

The Website may allow you to upload your own user generated content that may include, among other things, photos, audio clips, text, videos, and graphics (“UGC”).

Any UGC you upload/post to the Website is done on a non-proprietary and non-confidential basis and you agree that SDE has a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display any UGC for the purpose of operating and/or marketing the Website or any related services offered through the Website. This license includes any right of publicity rights that may be present in the UGC.

SDE is not required to treat any UGC as confidential.

You further agree that you will not upload/post to the Website any UGC that infringes the rights, including but not limited to, intellectual property, privacy, publicity, or contract of some other person or entity. You shall be solely liable for any damages, royalties, or fees resulting from any infringement of rights or any other harm resulting from any UGC you upload/post.

You further represent and warrant that: (i) you own all right, title, and interest, including the intellectual property rights, to any UGC uploaded/posted by you to the Website or you have been granted the right by the owner to upload/post the UGC; and (ii) your UGC does not violate the intellectual property rights, privacy rights, publicity rights, contract rights or any other rights of any person or entity.

SDE reserves the right to comply and cooperate with any and all legal requirements, legal authorities, and/or law enforcement agencies regarding the investigation of, or request to disclose, information related to your UGC. By accepting these TOU, you waive and hold harmless SDE from any claims resulting from any action taken by SDE during or as a result of SDE’ investigation and/or from any actions taken as a consequence of investigations by either SDE or law enforcement.

Please note that SDE does not accept unsolicited content or ideas you may attempt to transmit to SDE directly. As such, we take no responsibility for such transmitted content or ideas. If you do send SDE unsolicited content or ideas, you agree that SDE may use such content and ideas in any way SDE wishes without any compensation to you.

Prohibited Conduct

In connection with your access and/or use of the Website or any Website services, including the uploading/posting of UGC, you agree not to:

  • Violate any federal, state, or local laws or regulations.
  • Upload/post anything that imposes an unreasonable or disproportionately large strain on SDE’ network or computer infrastructure.
  • Engage in any behavior that is designed to hack into or gain unauthorized access to protected areas of the Website and/or SDE’ computers, servers or networks, and/or any computers or systems used by other users of the Website.
  • Upload/post anything that could destroy, damage, or impair any portion of the Website or any computers, systems, hardware, or software used by SDE or other users.
  • Make unauthorized attempts to modify any information stored on the Website.
  • Make attempts to defeat or circumvent security features, or to utilize the Website for any other purpose other than its intended purposes.
  • Defame, abuse, harass, bully, threaten, or otherwise violate the legal rights (such as rights of intellectual property, privacy and publicity) of others.
  • Use racially, ethnically, or otherwise offensive language.
  • Discuss, incite, or promote illegal activity.
  • Solicit or post sexually explicit images (actual or simulated) or other offensive material.
  • Upload/post anything that depicts cruelty to animals.
  • Upload/post any unsolicited or unauthorized advertising, promotional materials, spam emails, chain letters, pyramid schemes, or any other form of such solicitations.
  • Use any automated technology such as a robot, spider, or scraper to access, scrape, or data mine the Website.
  • Use the Website to send spam or unsolicited bulk email.
  • Provide false or misleading information when signing up for a SDE account or otherwise uploading/posting any false or misleading information or content through the Website.

The previous list of prohibitions is not exclusive. SDE reserves the right to delete your account, terminate your access to the Website or any Website services for any reason. SDE reserves the right to refuse, delete, or edit any UGC without cause and without notice for any or no reason including, but not limited to, for any action that SDE determines is inappropriate or disruptive to the Site or Website or to any other user of the Website.

SDE is under no duty to, and does not represent it will, monitor and/or remove any UGC.

By accepting these TOU, you waive and hold harmless SDE from any claims resulting from any action taken by SDE during or as a result of SDE’ investigation and/or from any actions taken as a consequence of investigations by either SDE or law enforcement related to your use of the Website.

Disclaimer of Warranties

YOUR USE OF THE SITE AND WEBSITE IS AT YOUR OWN RISK.

SDE MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE OR ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE. SDE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE DISCLAIMER OF WARRANTIES TO THE WEBSITE, ITS CONTENT, AND ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE. SDE DOES NOT WARRANT THAT THE SITE OR WEBSITE FUNCTIONS OR CONTENT WILL BE UNINTERRUPTED, TIMELY, OR SECURE. SDE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE WEBSITE. SDE DOES NOT WARRANT THAT THE SITE, WEBSITE AND/OR CONTENT WILL BE ERROR-FREE, THAT ANY ERRORS ON THE SITE WILL BE CORRECTED, OR THAT THE SITE/SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE WEBSITE AND RELATED CONTENT, INCLUDING ANY GOODS, SERVICES OR INFORMATION PROVIDED ON OR THROUGH THE WEBSITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIRS IN THE EVENT YOU EXPERIENCE ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITE, WEBSITE OR ANY SITE GOODS OR SERVICES. SDE MAKES NO WARRANTIES THAT YOUR USE OF THE WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY FOR SUCH INFRINGEMENT.

Limitation of Liability

IN NO EVENT WILL SDE OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, REPRESENTATIVES, ATTORNEYS, AND BUSINESS PARTNERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, ACTUAL, OR OTHER INDIRECT DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF SDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF: (1) THE USE OR INABILITY TO USE THE WEBSITE OR ANY WEBSITE GOODS OR SERVICES; (2) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE WEBSITE; (3) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR INACCURACIES ON THE WEBSITE; (4) ANY ACTIONS OR INACTIONS BY THE PARTICIPATING VENDORS; (5) YOUR EXPERIENCE WITH VENDOR PRODUCT AND SERVICES; AND/OR (6) ANY OTHER MATTER RELATING TO THE WEBSITE OR ANY GOOD OR SERVICE OFFERED ON OR THROUGH THE WEBSITE.

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF SDE OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, REPRESENTATIVES, ATTORNEYS, AND BUSINESS PARTNERS TO ANY PARTY, REGARDLESS OF THE TYPE OF ACTION WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF $100.00 OR THE AMOUNT YOU PAID TO SDE FOR THE GOOD OR SERVICE OUT OF WHICH THE LIABILITY AROSE.

IF YOU ARE DISSATISFIED WITH THESE TOU, THE WEBSITE, OR ANY GOOD OR SERVICE OFFERED ON OR THROUGH THE WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

GIVEN THAT SOME STATES DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE LIMITATION OF LIABILITY WILL APPLY TO GREATEST EXTENT ALLOWED UNDER THE LAW.

Indemnity

You agree to indemnify, defend and hold harmless SDE, including its officers, directors, employees, affiliates, agents, licensors, representatives, attorneys, and business partners (“Indemnified Parties”), from and against any and all claims, demands, losses, costs, damages, liabilities, judgments, awards, and expenses (including attorneys’ fees, costs of defense, and direct, indirect, punitive, special, individual, consequential, or exemplary damages) SDE or any of the Indemnified Parties suffer in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that relates to your use of the Website and/or any Website goods or services, your breach of these TOU, the use of the Website by any person using your password, or any violation of any applicable law or regulation by you. Your indemnification obligation shall survive the termination of these TOU.

Geographic Limitation

SDE operates the Website from its headquarters in the United States, and the Website and TOU are intended only for users within the United States. If you use the Website outside the United States, you are responsible for following your applicable local laws and determining, among other things, whether your use of the Website violates any of those local laws.

Miscellaneous

Any and all disputes relating to these TOU, the Website and/or any goods or services offered on or through the Website, are governed by, and will be interpreted in accordance with, the laws of the State of Florida without regard to any conflict of laws provisions. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of Florida (USA) for any litigation arising out of or relating to the use of the Website, waive any objection to the venue of any such litigation in the Florida courts, and agree not to plead or claim in any Florida court that such litigation brought therein has been brought in an inconvenient forum.

If any part of these TOU is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these TOU, all of which will remain in full force and effect.

These TOU constitute the entire agreement of the parties with respect to the Site and supersede all prior communications, promises and proposals, whether oral, written, or electronic, between you and SDE, with respect to the Site and Website.

If you violate any portion of these TOU, SDE reserves the right, without an obligation to do so, to deny you access to the Website and/or remove any UGC you may have posted/uploaded on the Website. If SDE terminates your access to the Website, SDE may also delete your account. SDE has the right to terminate any password-restricted account for any reason.

SDE’s failure to enforce any portion of these TOU is not a waiver of such portion.

The proprietary rights, disclaimer of warranties, representations made by you, indemnities, and limitations of liability shall survive the termination of these TOU.

SDE reserves the right, without notice and reason, to take down or terminate the Website. You agree that SDE is not liable to you or any other third party for this action.

SDE does not assume any liability or responsibility for your use of the Internet or the Website including, but not limited to, any change your computer or mobile device or related systems may sustain as a result of accessing the Website.

You are free to text link to the Website so long as there is nothing deceptive or infringing about the link. SDE may revoke this linking permission at any time and for any reason.

Certain software elements of the Website and related services may be subject to U.S. export laws and controls. As such, no software may be downloaded or exported to any country or foreign citizen that is under a U.S. embargo or that would otherwise violate U.S. law or regulations.

If you need to contact SDE for any reason not already specified in these TOU, please use the following contact information:

EMAIL:  admin@getundebt.com or
PHONE: 305 461 4880