TERMS OF USE

PLEASE READ THE FOLLOWING TERMS CAREFULLY.
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The materials located on this Website (the "Site") are provided by Capital Protection Group Inc. (hereinafter referred to as "CPG"), as a service to Clients to provide training and service with regard to negotiating with your creditors, as well as provide access to training materials with regard to how to repair/restore your credit.

By using this Site, you agree to these terms contained herein. If you do not agree to these terms, do not use the Site or download any materials from it.

By using this Site, you certify that you are at minimum, thirteen (13) years of age or older. Any individuals under the age of thirteen (13) years will require a written, executed Release from their parents before using this Site or posting any messages. This is in compliance with the Children's Online Privacy Protection Act of 2000 (COPPA).

1. Acknowledgement and Acceptance of Terms of Use

CPG's services are offered to you, conditioned upon your acceptance, without modification, of the terms, conditions, and notices contained in this Agreement and upon any operating rules, policies, and procedures that may be published from time to time by CPG on this Site (collectively known as the "Terms"). The following additional terms govern your access to, and use of, the service. Your use of the service constitutes your agreement to all such Terms.

Unless explicitly stated otherwise, the Terms will govern the use of any new features that augment or enhance the current services, including the release of new CPG resources and services. In case of any violation of these rules and regulations, CPG reserves the right to seek all remedies available by law and in equity for such violations.

2. Privacy Policy

Information collected by CPG about users will be treated in accordance with our Privacy Policy.

3. Modifications to the Service

CPG reserves the right to modify part of the service with Client. Client's continued use of the service after the posting of the amended Terms on the Site constitutes Client's affirmative: (a) acknowledgement of the Terms and its modifications; and (b) agreement to abide and be bound by the Terms, as amended. Client acknowledges and agrees that CPG shall not be liable to Client or any third party in the event that CPG exercises its right to modify part of the service.

4. Modification of Client Rates

CPG cannot modify existing client rates.

5. Charges

By electing to purchase subscription-based services, you warrant that all information you submit is true and accurate (including, without limitation, your credit card number and expiration date) and you agree to pay all subscription fees you incur plus all applicable taxes.

6. Payment

CPG reserves the right to suspend or terminate Client's service account for non-payment of services.

7. Links

Links provided on this site are provided solely as a convenience to you and the provision of any such link does not constitute our endorsement of that site or its provider or of any of the content, products, or services contained or offered therein. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. You agree that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the contents, products, services or any transmissions received through such sites. You further agree that we have no liability whatsoever from such third party sites and your usage of them.

8. Intellectual Property Rights

Client acknowledges that content, including but not limited to policy information, text, software, music, sound, photographs, video, graphics, the arrangement of text and images, commercially produced information, and other material contained on the Site or through the service ("Content"), is protected by copyright, trademarks, service marks, patents or other proprietary agreements and laws and Client is only permitted to use the Content as expressly authorized by CPG. These Terms do not transfer any right, title, or interest in the service, Site or the Content to Client, and Client may not copy, reproduce, distribute, or create derivative works from this Content without express authorization by CPG. Client agrees not to use or divulge to others any information designated by CPG as proprietary or confidential. Any unauthorized use of any Content contained on the Site or through the service may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION ON THE SITE MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM CPG. CLIENTS ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON THE SITE FOR ANY PUBLIC, PERSONAL OR COMMERCIAL PURPOSES.

9. Single Copy License

The materials at this Site are copyrighted and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. You may download one copy of the information or materials found on CPG's website on a single computer for your personal, non-commercial internal use only, unless specifically licensed to do otherwise by CPG in writing or as allowed by any license terms which acquired by CPG or are provided with individual materials. This is a license, not a transfer of title, and is subject to the following restrictions. You may not:

Modify the materials or use them for any commercial purpose, or any public display, sale or rental;
Decompile or disassemble materials, except and only to the extent permitted by applicable law;
Remove any copyright or other proprietary notices from the materials;
Transfer the materials to another person. You agree to prevent any unauthorized copying of the materials.

10. Disclaimer

The materials on this Site are intended for informational purposes only. Since we are not attorneys, the materials on this Site are neither intended to be, nor should they be interpreted as, legal opinion or advice. The reader should not consider this information to be an invitation to a client relationship, nor should the reader rely on the information presented on this Site for any purpose, and should always seek the legal advice of counsel in the appropriate jurisdiction.

This Site states that "you can pay just a fraction of your debt back". This is not a guarantee. This Site states "eliminate your debt". This is not a guarantee. This Site states "eliminate most of your unsecured debt". This is not a guarantee. This Site states that "come of the creditors you wont pay back anything". This is not a guarantee. The site states that settlements are consistently less than what you owe and many times the settlements are just a tiny fraction of what you owe. This is not a guarantee. We do not deal with creditors on secured debt. It is our GOAL to help the Clients negotiate with their unsecured creditors so that said creditors will accept just a fraction of what is owed. However, these statements ARE NOT PROMISES. This is a "best efforts" service only and we do not guarantee positive outcome or future results. Savings is based upon balance owed at time of settlement and excludes fees for services rendered. Individual results may vary and are dependent upon such factors as creditor cooperation and the ability to save funds. CPG does not assume any responsibility for accuracy in computing the savings for Clients using our services. CPG does not assume or pay any debt, and does not provide legal advice. CPG neither acts as your attorney nor replaces your attorney. CPG does not appear in court on your behalf. CPG cannot take the place or supersede the services of a local attorney; it merely supplements your efforts if you have local representation. CPG will not indemnify Clients in case their credit card companies sue Clients, despite CPG's efforts to avoid litigation. Clients should note that debt settlement may negatively impact credit ratings. CPG offers our services only with respect to disputed debts, and not to debts that legitimately require payment by Clients. Nonpayment of debt may increase interest or fees and cause collection activity, including possible litigation. Read and understand contract terms.

CPG utilizes contracted Sales Personnel to market its services/product. CPG will be bound only by the Terms stated in the Client Agreement and not by or upon any other oral assurances provided by Sales Personnel. CPG acknowledges that the testimonials on the website are performed by actors and are based on projected results of CPG techniques.

CPG will enter into contract(s) with attorneys by providing them with the details of your case, and will use their services for negotiations in those States where law stipulates the use of attorneys in debt/creditor negotiations. In such instances, CPG will not be liable for any damages or losses caused to the Client due to the acts of said attorneys.

Client understands that the successful negotiation may result in cancellation of indebtedness income to Client. In such an event, CPG encourages Client to consult an accountant or tax preparer to determine whether such imputed income results in additional tax liabilities. CPG shall bear no responsibility for such tax liabilities.

If Client does not accept a particular debt settlement offer by a creditor, CPG will continue efforts for as long as CPG, in its sole discretion, believes discussions with Client’s creditors to be fruitful.

CPG proposal disclaimer. The comparison to our competitors are based on actual phone interviews we had with these companies in June 2009. The PLAN 1 refers to the approximate amount of time it would take an individual to payoff their institutional credit card debt. The 72 months listed may not apply to your individual circumstances and we recommend that clients contact their creditors to determine length of time it would take to payoff their debts based on paying their minimum payments each month. The "SAVES YOU" number is not a literal number and your results may vary based on many factors such as your current interest rate and the eventual amounts that CPG is able to settle your debts for.

MATERIALS ARE PROVIDED "AS IS", WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE.

CPG further does not warrant the accuracy, guarantee or completeness of the information, text, graphics, links, comparison table with other programs or other items contained within these materials, none of which should not be construed as legal advice. CPG may make changes to these materials, or to the products described therein, at any time without notice. CPG makes no commitment to update the materials.

11. Limitation of Liability

As a condition of use of the service, and in consideration of the services provided by CPG, Client agrees that neither CPG, nor any officer, affiliate, director, shareholder, agent, contractor or employee of CPG will be liable to Client or any third party, for any direct, indirect, incidental, special, punitive, or consequential loss of profits, loss of earnings, loss of business opportunities, damages, expenses, or costs resulting directly or indirectly from, or otherwise arising in connection with the service, Site or Content, including, but not limited to, any of the following:

Reliance: The use of the service by the Client, including, but not limited to, damages resulting from or arising from Client's reliance on the service, or the mistakes, omissions, interruptions, errors, defects, delays in operation, non-deliveries, misdeliveries, transmissions, eavesdropping by third parties, or any failure of performance of the service;
Termination: The termination of the Client's use of the service by CPG pursuant to these Terms;
Infringement: Any allegation, claim, suit, or other proceeding based upon a contention that the use of the service or the Site by a Client or a third party infringes or misappropriates the copyright, patent, trademark, trade secret, confidentiality, privacy, or other intellectual property rights or contractual rights of any third party;
Force Majeure: Any delay or failure of CPG to perform due to government restriction, strikes, war, any natural disaster or any other condition beyond CPG's control.

The limitations set forth in this section apply to the acts, omissions, negligence, and gross negligence of CPG and its affiliates, contractors, subcontractors, officers, directors, shareholders, managers, employees, and agents, which, but for this provision, would give rise to a course of action in contract, or any other legal doctrine.

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, CPG SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, MULTIPLE, OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE CPG'S SERVICES, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR RESULTING FROM ANY SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO, DELETION OR ALTERATION OF CLIENT'S TRANSMISSIONS OR DATA OR FAILURE OF THE SITE TO STORE CLIENT'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE PROPERTY, EVEN IF CPG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ENTIRE LIABILITY OF CPG AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE SITE AND THE SERVICE OR ANY BREACH OF THIS AGREEMENT ARE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR ACCESS TO AND USE OF THE SERVICE. YOU HEREBY RELEASE CPG FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES UNDER CERTAIN CIRCUMSTANCES; CONSEQUENTLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CLIENTS, IN WHOLE OR IN PART.

12. No Resale

Client agrees not to reproduce, duplicate, copy, sell resell, exploit or make any commercial use of or access to the service, without the express written consent of CPG.

13. Lawful Use

Client agrees that use of the Site is subject to all applicable Federal, State, and Local laws and regulations, and that Client is solely responsible for the contents of its communications through the service. Client agrees that he/she shall not distribute or facilitate distribution of any content, including but not limited to text, communications, software, images, sounds, data, or other information that:

is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates CPG's rules or policies;
victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, facsimiles, any other form of unauthorized solicitation, or any form of lottery or gambling;
contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
impersonates any person or entity, including any of our employees or representatives.

14. Indemnification

Client will defend, indemnify and hold harmless CPG and its affiliates, directors, officers, employees, proprietors, independent contractors, consultants, partners, shareholders, representatives, customers, agents, predecessors, successors, and permitted assigns from and against any claim, suit, demand, loss, damage, expense (including reasonable attorneys' fees and costs) or liability that may result from, arise out of or relate to:

acts or omissions by Client arising out of or in connection with this agreement;
intentional or negligent violations by Client of any applicable laws or governmental regulation;
contractual relations between the Client and a third party; or
infringement of intellectual property rights including, but not limited to, rights relating to patent and copyright.

Client acknowledges that CPG has no control over the content of information transmitted by Client or Client's customers and that CPG does not examine the use to which Client or Client's customers put the service or the nature of the information Client or Client's customers send or receive. Client hereby indemnifies and holds harmless CPG, its stockholders, officers, directors, employees and agents from any and all loss, cost, damage, expense, or liability relating to or arising out of the transmission, reception, and/or content of information of whatever nature transmitted or received by Client or Client's users.

15. Access to Password Protected/Secure Areas

Access to and use of password protected and/or secure areas of the Site is restricted to authorized Client only. Unauthorized individuals attempting to access these areas of the Site may be subject to legal action including prosecution.

16. Termination

CPG may terminate the access to this service at any time if you are in breach of the Terms of this agreement. Upon termination, you will immediately destroy any materials of which you are in possession.

17. Severability

In the event that any provision of the Terms shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of the Terms. CPG's failure to act with respect to a breach by Client or others does not waive its right to act with respect to subsequent or similar breaches.

18. Confidentiality

Through use of the service and/or Site, the Client and CPG may disclose or make available to each other, confidential information in connection with the debt/activities contemplated hereunder. Both parties agree that during the term of this agreement and thereafter:

each shall provide at a minimum, the same care to avoid disclosure of unauthorized use of confidential information as is provided to its own similar information, but in no event less than a reasonable standard of care;
each will use confidential information belonging to the other solely for the purposes of this agreement; and
each will not disclose confidential information belonging to the other party, to any third party (other than its employees and/or consultants reasonably requiring such confidential information for purposes of this agreement who are bound by obligations of nondisclosure and limited use at least as stringent as those contained herein) without the express prior written consent of the other party. Each party will promptly return to the disclosing Party, upon request, any confidential information of the other party.

CPG will not monitor, edit, disclose, sell, rent, license, exchange, or release any of your personally identifiable information without your explicit consent unless CPG has reason to believe that disclosing this information is necessary:

to conform to the edicts of law or comply with legal process served on CPG;
to prevent injury to or interference with (either intentionally or unintentionally) CPG rights or property, other CPG Clients, or anyone else who could be harmed by such activities; or
to act under exigent circumstances to protect the personal safety of the Clients or the public. If CPG transfers assets or has any change in control, user information may be transferred to the entity that acquires such assets or control of CPG.

19. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas without regard to its choice of law provisions. Client hereby consents to personal jurisdiction by the State and Federal courts located in Texas. These Terms and any modifications hereto constitute the entire agreement between the parties with regard to the subject matter hereof and supersede all prior understandings and agreements, whether written or oral, as to such subject matter. Nothing contained in these Terms shall be deemed to constitute either party as the agent or representative of the other party, or both parties as joint ventures or partners for any purpose.

20. Ineligible Debts & Accounts & Clients

· Mortgages

· Small Business Administration loans (government backed)

· Car Loans (if car or any vehicle has not yet been repossessed)

· Individual debts under $500. (No combining, for example, 2 Capital One accounts at $250. each.)

· Payday loans

· Gambling debt with casinos.

· State or Federal Taxes.

· Credit Unions where there is a secured account with the credit union, such as a bank account or car loan.

· Student Loans/ School Tuitions

· Personal Debts with friends or family members.

· Military accounts such as Military Star, Navy Federal Credit Union.

· Federal Credit Unions

· Clients that do not have banking information.

· Time shares

· A consumer that recently has had a summons and complaint given to them by a Sherriff or process server.

· Accounts with judgments attached or litigation has commenced

· Insurance (any)

· American General Accounts

· Child Support debt

PLEASE PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS