Terms of Service

1. Acceptance of Terms

By accessing the Delancey Street website (www.delanceystreet.com) or engaging our services, you agree to comply with and be bound by these Terms of Service, our Privacy Policy, and all applicable laws and regulations. If you do not agree with any part of these Terms, you must not use our website or services.

These Terms apply to all users of our website, including but not limited to visitors, clients, and any other individuals or entities who access or use our services.

2. About Delancey Street

Delancey Street is a financial services company that provides debt relief, debt settlement, debt negotiation, and related financial consulting services. Our team includes financial consultants, debt negotiators, and attorneys who work to help individuals and businesses resolve their outstanding debts.

Company Information:

Delancey Street
104 W 40th St
New York, NY 10018
Phone: +1 212 681-3482
Email: info@delanceyst.com

3. Eligibility and User Responsibilities

3.1 Age and Capacity

You must be at least 18 years of age and have the legal capacity to enter into binding contracts to use our services. By using our services, you represent and warrant that you meet these requirements.

3.2 Accurate Information

You agree to provide accurate, current, and complete information when:

• Registering for our services
• Completing application forms
• Communicating with us about your financial situation
• Providing documentation related to your debts
• Updating your contact information

3.3 Account Security

If we provide you with account credentials or access to a client portal, you are responsible for:

• Maintaining the confidentiality of your login information
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach
• Ensuring you log out from your account at the end of each session

4. Services Description

4.1 Debt Relief Services

Delancey Street offers the following services:

• Debt Settlement: Negotiating with creditors to settle your debts for less than the full amount owed
• Debt Negotiation: Working with creditors to reduce interest rates, fees, or payment terms
• Financial Consulting: Providing guidance on debt management strategies and financial planning
• Legal Assistance: Offering legal support through our attorney partners when necessary
• Creditor Communication: Acting as your representative in communications with creditors
• Payment Plan Management: Coordinating settlement payments aligned with your cash flow

4.2 Types of Debt

We work with various types of debt, including but not limited to:

• Credit card debt
• Personal loans
• Business debt
• Merchant cash advances
• Hard money loans
• Venture capital obligations
• Medical bills
• Collection accounts

4.3 Services Not Provided

We do not provide the following services:

• Mortgage debt relief or foreclosure prevention
• Student loan debt relief
• Tax debt resolution
• Bankruptcy filing services (though we may refer you to bankruptcy attorneys)
• Credit repair services
• Loan consolidation services

5. Service Agreement and Engagement

5.1 Consultation and Evaluation

Before engaging our services, we will:

• Conduct an initial consultation to understand your financial situation
• Evaluate your debts and eligibility for our programs
• Provide you with information about our services, fees, and expected outcomes
• Answer your questions about the debt relief process

5.2 Written Agreement

If you choose to engage our services, you will be required to sign a separate written service agreement that will include:

• Detailed description of services to be provided
• Fee structure and payment terms
• Your rights and responsibilities
• Expected timeline and outcomes
• Cancellation and refund policies
• Dispute resolution procedures

The written service agreement will govern the specific terms of our engagement and will supplement these Terms of Service.

5.3 No Attorney-Client Relationship

Unless you separately engage our attorney partner for legal representation, the use of our website or debt relief services does not create an attorney-client relationship. General information provided on our website or during consultations does not constitute legal advice.

6. Fees and Payment Terms

6.1 Fee Structure

Our fees vary depending on the complexity of your case and the services required. Fee structures may include:

• Percentage-based fees calculated on the amount of debt enrolled
• Percentage-based fees calculated on the amount of debt saved
• Fixed fees for specific services
• Hourly fees for legal services

All fees will be clearly disclosed in your written service agreement before you commit to our services.

6.2 Payment Methods

We accept payment through:

• Electronic bank transfers (ACH)
• Credit or debit cards
• Checks or money orders
• Wire transfers

6.3 Payment Obligations

You agree to:

• Pay all fees in accordance with your service agreement
• Maintain sufficient funds in designated accounts for scheduled payments
• Notify us immediately if you cannot make a scheduled payment
• Pay any collection costs or legal fees if you default on payment obligations

6.4 Refund Policy

Our refund policy will be detailed in your service agreement and may vary depending on state law and the services provided. Generally:

• You may have a right to cancel within a specified period (typically 3-5 business days) for a full refund
• Refunds after the cancellation period will be calculated based on services already performed
• Settlement funds held in trust are always refundable

7. Client Responsibilities and Cooperation

7.1 Required Actions

As our client, you must:

• Provide complete and accurate information about all your debts
• Respond promptly to our requests for information or documentation
• Maintain regular communication with our team
• Make all required payments to your dedicated settlement account on time
• Refrain from making payments directly to enrolled creditors without our approval
• Notify us immediately of any legal actions, lawsuits, or garnishments
• Inform us of any changes to your financial situation
• Follow our guidance regarding creditor communications
• Review and approve settlement offers in a timely manner

7.2 Prohibited Actions

During our engagement, you must not:

• Continue making payments to enrolled creditors without our knowledge
• Negotiate directly with creditors without informing us
• Provide false or misleading information
• Incur new debt without disclosing it to us
• Use our services for fraudulent purposes
• Interfere with our negotiations with creditors

8. Disclaimers and Important Disclosures

8.1 No Guaranteed Results

8.2 Credit Score Impact

Warning: Participating in a debt settlement program may negatively impact your credit score. Effects may include:

• Missed or late payments being reported to credit bureaus
• Accounts being charged off or sent to collections
• Settled accounts being reported as “settled for less than full balance”
• Credit score decreases that may last for several years
• Difficulty obtaining new credit during and after the program

8.3 Tax Consequences

Warning: Debt forgiveness may be considered taxable income by the IRS. You may receive 1099-C forms from creditors for forgiven debt amounts exceeding $600. We recommend consulting with a tax professional about potential tax implications.

8.4 Legal Risks

Warning: During debt settlement, you may face:

• Increased collection calls and letters from creditors
• Lawsuits filed by creditors
• Judgments entered against you
• Wage garnishments or bank levies
• Property liens

While we work to minimize these risks and provide legal support when necessary, we cannot prevent creditors from taking legal action.

8.5 Alternative Options

Debt settlement may not be the best option for everyone. Before engaging our services, you should consider alternatives including:

• Debt management plans through credit counseling agencies
• Debt consolidation loans
• Direct negotiation with creditors
• Bankruptcy (Chapter 7 or Chapter 13)
• Budget restructuring and self-managed debt repayment

8.6 Not Financial or Legal Advice

Information provided on our website or during consultations is for general informational purposes only and does not constitute financial or legal advice. Every financial situation is unique, and you should consult with appropriate professionals before making decisions.

9. Intellectual Property Rights

9.1 Ownership

All content on the Delancey Street website, including but not limited to text, graphics, logos, images, software, and design elements, is the property of Delancey Street or its licensors and is protected by copyright, trademark, and other intellectual property laws.

9.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use our website for personal, non-commercial purposes. You may not:

• Copy, modify, or distribute our content without written permission
• Use our trademarks, logos, or branding without authorization
• Create derivative works based on our content
• Reverse engineer or attempt to extract source code from our website
• Use automated systems (bots, scrapers) to access our website
• Frame or mirror our website on another server

10. Website Use and Restrictions

10.1 Acceptable Use

You agree to use our website only for lawful purposes and in accordance with these Terms. You must not:

• Violate any applicable laws or regulations
• Infringe upon the rights of others
• Transmit any harmful code, viruses, or malware
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt our website or servers
• Impersonate any person or entity
• Collect or harvest information about other users
• Use our website to spam, phish, or conduct fraudulent activities

10.2 User Content

If you submit any content to our website (such as reviews, testimonials, or feedback), you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display such content. You represent that you have the right to submit the content and that it does not violate any third-party rights.

11. Third-Party Links and Services

Our website may contain links to third-party websites or services that are not owned or controlled by Delancey Street. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services. You acknowledge and agree that we are not responsible for any damages or losses caused by your use of any third-party content or services.

12. Privacy and Data Protection

Your use of our services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your personal information.

By using our services, you consent to the collection and use of your information as described in our Privacy Policy.

13. Confidentiality

13.1 Our Obligations

We will maintain the confidentiality of your personal and financial information, except as:

• Necessary to provide our services (e.g., communicating with creditors)
• Required by law or legal process
• Authorized by you in writing
• Described in our Privacy Policy

13.2 Your Obligations

You agree to keep confidential any proprietary information, strategies, or methodologies we share with you regarding debt negotiation and settlement.

14. Limitation of Liability

14.1 State Law Variations

Some states do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you. In such cases, our liability will be limited to the extent permitted by applicable state law.

15. Indemnification

You agree to indemnify, defend, and hold harmless Delancey Street, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your use of our website or services
• Your violation of these Terms
• Your violation of any law or regulation
• Your violation of any third-party rights
• Any false or misleading information you provide
• Your failure to fulfill your obligations under your service agreement

16. Termination

16.1 Termination by You

You may terminate your engagement with us at any time by providing written notice. Termination terms, including any fees owed for services already performed, will be governed by your service agreement.

16.2 Termination by Us

We reserve the right to terminate or suspend your access to our website or services at any time, without prior notice, if:

• You breach these Terms or your service agreement
• You fail to make required payments
• You fail to cooperate or provide necessary information
• You engage in fraudulent or illegal activities
• Continuing the relationship would violate applicable laws
• We determine, in our sole discretion, that continuing services is not in your best interest

16.3 Effect of Termination

Upon termination:

• Your access to our website and services will cease
• You remain responsible for any fees owed for services performed
• We will return any settlement funds held in trust (minus any fees owed)
• Provisions of these Terms that by their nature should survive will continue to apply

17. Dispute Resolution

17.1 Informal Resolution

Before filing any legal claim, you agree to first contact us to attempt to resolve the dispute informally. Please send a written description of the dispute to:

Delancey Street
Attention: Legal Department
104 W 40th St
New York, NY 10018
Email: info@delanceyst.com

We will attempt to resolve the dispute through good-faith negotiations within 60 days.

17.2 Arbitration Agreement

If we cannot resolve a dispute informally, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or our services shall be resolved through binding arbitration, rather than in court, except that:

• Either party may seek injunctive relief in court
• Either party may bring a claim in small claims court
• State law may prohibit mandatory arbitration for certain claims

17.3 Arbitration Rules

Arbitration will be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be held in New York, New York, or another mutually agreed location. Each party will bear its own costs of arbitration, except that we will pay the AAA filing fees if required by law.

17.4 Class Action Waiver

To the extent permitted by law, you agree that disputes will be resolved on an individual basis only and not as part of a class action, consolidated action, or representative action.

17.5 Exceptions to Arbitration

Some states prohibit mandatory arbitration for certain types of consumer claims. If you reside in such a state, the arbitration provisions may not apply to you, and disputes may be resolved in court.

18. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions.

For disputes not subject to arbitration, you agree to submit to the exclusive jurisdiction of the state and federal courts located in New York County, New York.

19. Compliance with Laws

Our services and these Terms are designed to comply with applicable federal and state laws, including but not limited to:

• Telemarketing Sales Rule (TSR)
• Fair Debt Collection Practices Act (FDCPA)
• Fair Credit Reporting Act (FCRA)
• Gramm-Leach-Bliley Act (GLBA)
• State debt relief services acts
• State consumer protection laws
• State bar association rules (for legal services)

If any provision of these Terms conflicts with applicable law, that provision will be modified to comply with the law while preserving the intent of the original provision to the greatest extent possible.

20. Changes to Terms of Service

We reserve the right to modify these Terms at any time. When we make material changes, we will:

• Update the “Last Updated” date at the top of this page
• Post the revised Terms on our website
• Notify you via email if you are an active client
• Provide you with reasonable notice of material changes

Your continued use of our website or services after changes are posted constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must discontinue use of our services.

For clients with active service agreements, changes to these Terms will not affect the specific terms of your service agreement unless otherwise agreed in writing.

21. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

22. Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of Delancey Street.

23. Entire Agreement

These Terms, together with our Privacy Policy and any written service agreement you sign, constitute the entire agreement between you and Delancey Street regarding your use of our website and services, and supersede all prior agreements and understandings.

24. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms to any successor entity in connection with a merger, acquisition, or sale of assets.

25. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, or failures of third-party services.

26. Notice Requirements

26.1 Notices to You

We may provide notices to you via:

• Email to the address you provided
• Posting on our website
• Mail to your address on file
• Phone calls or text messages (with your consent)

26.2 Notices to Us

All notices to Delancey Street must be sent in writing to:

Delancey Street
Attention: Legal Department
104 W 40th St
New York, NY 10018
Email: info@delanceyst.com

27. State-Specific Disclosures

Residents of certain states may have additional rights or may be subject to different terms as required by state law. If you reside in one of the following states, additional terms may apply:

• California: Additional consumer protection rights under California Civil Code
• New York: Additional disclosure requirements under New York State law
• Texas: Specific debt settlement regulations
• Florida: Consumer protection provisions

Please contact us if you have questions about state-specific requirements that may apply to you.

29. Acknowledgment

By using our website or engaging our services, you acknowledge that:

• You have read and understood these Terms of Service
• You have had the opportunity to ask questions about these Terms
• You agree to be bound by these Terms
• You understand the risks associated with debt settlement
• You have been advised to consult with legal, financial, and tax professionals
• You understand that results are not guaranteed
• You are entering into this agreement voluntarily