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Terms of Service

BLACKNOTE GROUP, LLC TERMS OF SERVICE

1.  Introduction

Welcome to afdcenter.com, owned by Blacknote Group, LLC.  This document constitutes a legally-binding agreement (“Agreement”) governing the terms of providing you with our service.  Throughout this document, the words “Blacknote Group, LLC,” “us,” “we,” and “our,” refer to Blacknote Group, LLC, our website and theeaclub.com, and any Blacknote Group, LLC service.  The words “you,” “user” and “your” refer to you, the person who is being presented with this document for your agreement.  Our Privacy Policy, available elsewhere on this website, is incorporated as a part of this Agreement by reference, and you are agreeing to the Privacy Policy to the same extent that you are agreeing to the Terms of Service in this document.

2.  Description of Service

Blacknote Group, LLC is website providing users with information and resources about loan modifications, mortgage relief and foreclosure defense.  Whether you are merely exploring your various options or specifically looking to hire a foreclosure defense lawyer because you have been sued, Blacknote Group, LLC has the information and resources to assist you in making well informed decisions.  It is important to understand what our role is, since it limits the things we are responsible for.

3.  User Accounts

You will be required to create an on-line account to take full advantage of Blacknote Group, LLC website.  Only by creating an on-line account can you get the full benefit of our Site. Also, information that your provide to us and that we collect from you allows us to create a better user experience by streamlining the information that you are seeking without you needing to sort through a random mountain of information.

During registration we require that you provide us with your name, e-mail address and any other contact information.  With your consent we provide your contact information to third parties for marketing purposes.  We also require that you provide us with credit or debit card information (“payment information”) to process transactions that you make through our website.  The only time we request payment information is if you purchase something through our website.  We do not provide payment information to any third party other than our merchant processor.  Obviously, the requirement to use a credit card to make purchase limits who can use our Site, but in essence our Site is limited to those who are at least 18 years or older.

4.  Chargebacks

If you use a credit card for any purchase through us, your credit card provider may permit you to conduct a “chargeback” for fraudulent purchases or damaged goods.  In some cases though, people like to do chargebacks to obtain free rides. We take chargebacks seriously so any attempt to abuse this privilege may be reported to their credit card company and the appropriate law enforcement agency, which can ultimately impact your credit.

5. Disclaimer Regarding Our Information/Resources Not Legal Advice

Information and resources provided by on our website is not legal advice and you agree not to consider or rely upon it as you would legal advice from a lawyer.  While some of the information and resources may be provided by a lawyer on behalf of Blacknote Group, LLC, no attorney-client relationship is formed simply by interacting with our Site or creating an account.  You should seek the advice of a professional before making any decisions.

Our Site provides general information, and not everything you read about may be applicable to your situation.  Use common sense when using our Site and hire a professional before taking any action that may impact your legal rights.

6. Blacknote Group, LLC – Not a Lawyer Referral Service

Depending on what you are looking for, Blacknote Group, LLC may provide you with a list of lawyers who may be able to assist you with, for example, foreclosure defense.  The generated list will depend on a number of factors, including where you live and the specific legal issue  you’re facing(i.e. reviewing a short sale agreement compared with you’ve been sued).  Blacknote Group, LLC, however, does not endorse any of the lawyers on the list, nor does Blacknote Group, LLC guarantee his or her competency, his or her ability to help you with your legal issue or that your objectives and goals will be met.  You will be responsible for conducting your own research to make sure that any of the lawyers on the list are suitable for your particular needs.

Likewise, Blacknote Group, LLC may provide you with a list of loan modification companies or companies that offer mortgage relief, but Blacknote Group, LLC does not endorse any of the specific companies nor guarantee that any of the companies will assist you in reaching your objectives.

As an aside, we may receive compensation from some of the companies or lawyers that we refer you to in some fashion.  Therefore, pursuant to the FTC act we have to let you know that we do have a financial relationship with some of the people on our Site.

7.  Intellectual Property

All Blacknote Group, LLC instructions, videos, pictures, audio, artistic work and website layouts, links code, materials, and all other work or information shall remain the sole and exclusive property of Blacknote Group, LLC.  You have no rights to any of our intellectual property and will not infringe on it in any way.  You are given a single, non-transferable, non-sublicensable, limited and revocable license to view and access the materials for their intended purpose and that is it.  You will not distribute them to anyone else or allow anyone to view them without our express permission, this means you can’t share your account with anyone else.  If you do, we reserve the right to charge you for each additional user that we could have obtained had you not shared that material.

Any content or information you provide to us, including any materials, answers, or suggestions you submit to our forum or elsewhere, is provided on the representation that you own, or have the right to distribute, that content.  In doing so you provide us with a worldwide, perpetual, fully paid up, irrevocable, license to use and distribute such content, including the aggregation of it, and you waive all claims you have and have no recourse against us for any infringement.  In addition, we may utilize your answers, suggestions, name, business name, image, or your experience with us in our marketing materials or to promote on our site or to better our services.

8.  Trademarks

Blacknote Group, LLC is a trademark used by us, to uniquely identify our company and the information and resources we offer to users.  You agree not to use this phrase anywhere without our prior written consent.  Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent.  You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph.

9. Consent to Release Information

Blacknote Group, LLC is a lead generator for a number of different third parties, ranging from loan modification companies to other businesses that can and may assist distressed homeowners.  By creating a user account, you consent to the release of your information, excluding payment information, to third parties who may thereafter send solicitations or other marketing materials.  You have the right to opt out by withdrawing your consent to release your information to third parties by sending an e-mail to support@afdcenter.com .

10.  Revocation of Consent

Where Blacknote Group, LLC has given prior written consent for your use of our protected material in accordance with our above “Copyright” and “Trademarks” provisions, we may revoke that consent at any time.  If we so request, we may require that you immediately take action to remove from circulation, display, publication, or other dissemination, any of the marks, copyrighted content, or other materials that we previously consented for you to use.  We may also terminate your participation in our courses at any time without a refund if you violate these Terms.

11.  DMCA Notices

We take copyright infringement very seriously, and we have registered a Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act.  If you believe that your copyright has been infringed, please send us a message which contains:

  • Your name
  • The name of the party whose copyright has been infringed, if different from your name
  • The name and description of the work that is being infringed
  • The location on our website of the infringing copy
  • A statement that you have a good faith belief that use of the copyrighted work described above is not authorised by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
  • A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.

You must sign this notification and send it to our Copyright Agent at: support@afdcenter.com

If sending the notification by e-mail, an electronic signature is acceptable.

12.  Limitations on Liability

Blacknote Group, LLC shall not be liable for any damages arising from or related to your use of our website or any information or resource offered on our website, even if we have been advised of the possibility of such damages.  In the event that this clause is prohibited or restricted by applicable law, our liability shall be limited to the lowest legally required amount.

13.  Representations & Warranties

We make no representations or warranties as to the merchantability of our products or fitness for any particular purpose.  You agree that you are releasing us from any liability that we may otherwise have to you in relation to or arising from this Agreement or for training, for reasons including, but not limited to, failure of our instructions, negligence, or any other tort.  To the extent that applicable law restricts this release of liability, you agree that we are only liable to you for the minimum amount of damages that the law restricts our liability to, if such a minimum exists.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE PURCHASE OF ANY TRAINING, OR PARTICIPATION IN ANY COURSE OR CLASS. WE PROVIDE THE SITE AND RELATED MATERIALS, TRAINING, OR INFORMATION “AS IS” AND ON AN “AS AVAILABLE” BASIS, AND DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, COURSES, TRAINING, ANY INFORMATION OR INSTRUCTIONS PROVIDED THROUGH THE SITE, OR VIA THIRD PARTIES, INCLUDING YOUR ABILITY TO BECOME FINANCIALLY SOLVENT, STOP FORECLOSURE, OBTAIN A LOAN MODIFICATION, OR TO OBTAIN ANY RELIEF, AND WE SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH USE. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL INFORMATION, GUIDES, ADVICE, OR OTHER CONTENT PROVIDED THROUGH THE SITE.  WE DO NOT WARRANT THAT THE SITE, OR ACCESS TO IT WILL BE UNINTERRUPTED, ACCURATE, SUCCESSFUL, OR ERROR-FREE OR THAT DEFECTS IN THE SITE, TRAINING, MODULES, OR ANY INFORMATION PROVIDED WILL BE CORRECTED.

WE DISCLAIM ALL LIABILITY TO THE FULLEST EXTENT PERMITTED.  WE WILL NOT BE RESPONSIBLE FOR ANY DAMAGES, WHETHER DIRECT OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER, EVEN IF WE KNEW OR SHOULD HAVE KNOWN. OUR LIABILITY IN ANY JURISDICTION THAT DOES NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LIABILITY,  IS LIMITED TO THE EXTENT PERMITTED BY LAW OR TO THE AMOUNT YOU HAVE PAID UNDER THIS CONTRACT FOR THE PAST MONTH.

In other words, you agree that, although we strive to make our site useful for the purpose of obtaining information about loans, modifications, and foreclosure, we are not responsible in any way for failure to obtain any relief.  We are not liable for any failure of our service, including any failures or disruptions, scheduled or unscheduled, intentional or unintentional, on our website which prevents access temporarily or permanently.  In other words, although our website is almost always online, it may not be online when you need, and you should therefore not rely on our website being online at all times..

14.  Indemnity

You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of the information or training that we provide to you.  You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases.  You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements.  In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.

15.  Choice of Law

This Agreement shall be governed by, and litigated in, the laws in force in the State of Florida.  The offer and acceptance of this contract is deemed to have occurred in the State of Florida.

16.  Forum of Dispute

You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the State of Florida.

If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.

The prevailing party in any lawsuit will be entitled to their reasonable attorneys’ fees, costs, and disbursements in relation to the dispute.

17.  Force Majeure

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, stock market crashes, changes in food rations, zombie attacks, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), changes in laws, changes in interest rates, embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

18.  Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Blacknote Group, LLC shall have the sole right to elect which provision remains in force.

19.  Assignment

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent.  We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

20.  Amendments

We may amend this Agreement from time to time.  When we amend this Agreement, we will notify you and request that you agree to the amendments.  You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our service.