Terms & Conditions

Consent

By using this website, you agree to the Terms & Conditions of use. Additionally, you confirm that the account belongs to you and you consent to receive e-mail communications about your account at the e-mail address you provide to us or use to e-mail us. You agree that it is a valid e-mail address and is not provided to you by your employer. You further agree that we can contact you using any telephone number you provide to us or use to call us, including a cell phone number. You expressly consent that you can be contacted by us sending text messages, calls using prerecorded messages or artificial voice and calls and messages delivered using an automated telephone dialing system. You may opt out of any communication method by e-mailing [email protected] and including your full name, CBHV account number, and what communication method you would like to opt-out of. You may also e-mail [email protected] to make any changes to your contact information.

Terms & Conditions

Please read the following Terms and Conditions of Use (“Terms”) carefully before using or continuing to use this website, as they may have changed since your last visit. By using and continuing to use this website, you acknowledge your agreement to these Terms. If you do not agree to these Terms for any reason, please do not use this website.

This website and all of the information it contains, or may contain in the future, including, but not limited to, articles, memoranda, bulletins, reports, press releases, opinions, text, directories, guides, photographs, illustrations, trademarks, trade names, service marks and logos (collectively, the “Content”) are the sole and exclusive property of Collection Bureau of Hudson Valley (“CBHV”, “we”, “us”, “our”). You agree to not use, copy, or re-post any portion of this website without our prior, written consent.

The Content on this website is provided for informational purposes only, and should not be construed as legal, accounting, tax, career, or other professional advice on any subject matter.

CBHV does not undertake any obligation or responsibility to update or amend any of the Content on this website. All Content provided on this website is provided “as is” and without any warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Although we attempt to provide accurate and timely Content on this website, there may be inadvertent, technical, or factual inaccuracies or typographical errors. For these reasons, CBHV cannot warrant the accuracy, completeness, or timeliness of the Content, graphics, or links contained on the website.

Websites listed as hypertext links on this website, if any, are not under the control of CBHV (“Linked Sites”). These Linked Sites are provided solely as a convenience to you. The fact that we have included Linked Sites does not serve as an endorsement by CBHV of any of these Linked Sites. We may not have tested any software or information which may be found on such Linked Sites and, therefore, cannot make any representation regarding the quality, safety, or suitability of any information provided on such websites.

You expressly understand, acknowledge, and agree that your use of this website is at your sole risk. To the extent permitted by applicable law, you agree that CBHV will not be liable to you or any other party for any damage, loss, or expense arising directly or indirectly from use of this website or its Content, and you hereby expressly waive any claim against us for such losses. CBHV will assume no responsibility, and shall not be liable for, any viruses that may infect or damage your computer equipment or other property as a result of your access to, use of, or browsing of this website, the web, or your downloading of any materials, data, text, images, video, or audio from this website or the web.

By using this website, you agree not to engage in any of the following prohibited activities:

You may not use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, process, electronic agent, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the website, or in any way reproduce or circumvent the navigational structure or presentation of the website, to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the website.

You may not attempt to gain unauthorized access to any portion or feature of the website, or any other systems or networks connected to the website or to our server, or to any of the services offered on or through the website by hacking, password “mining”, or any other illegitimate means.

You may not probe, scan, or test the vulnerability of the website or any network connected to the website, nor breach the security or authentication measures on the website or any network connected to the website. You may not reverse look-up, trace or seek to trace any information on any user of or visitor to the website, or any other person, including any account not owned by you, to its source, or exploit the website or any service or information made available or offered by or through the website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the website.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the website or our systems or networks, or any systems or networks connected to this website.

You agree not to use any device, software, script, or routine to interfere or attempt to interfere with the proper working of the website or any transaction being conducted on the website, or with any other person’s use of the website.

You may not pretend that you are, or that you represent someone else, or impersonate any other individual or entity.

You may not use the website for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes on our rights or the rights of others.

This website may be used to make a payment on your account. If you use our website to make a payment on your account, you acknowledge and agree that you will not submit any payment that is subject to any restrictive language. You further agree that if any payment contains any restrictive language, such restrictive language will have no effect and will not constitute an accord and satisfaction or a compromise of your account balance, unless you are responding to a settlement offer made by CBHV or one of its representatives. Moreover, unless you have paid your account balance in full or are making payments pursuant to a previously approved payment plan or settlement agreement, your payment will not constitute an authorized payment plan or settlement arrangement on your account. Making a payment today does not overshadow your rights as described in our initial letter. If you are interested in establishing a payment plan or settlement arrangement, please send an e-mail to [email protected] or call us at 1-800-745-1395 during normal business hours, or write to us at Collection Bureau of Hudson Valley, 155 North Plank Road, P.O. Box 831, Newburgh, NY 12551-0831.

PLEASE READ THE FOLLOWING SECTION CAREFULLY TO ENSURE THAT YOU UNDERSTAND IT FULLY. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION PROVISION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS. BY USING OUR SITE YOU AGREE TO ARBITRATE ANY CLAIMS THAT YOU MAY HAVE OR CLAIM TO HAVE AGAINST US, AND YOU GIVE UP YOUR RIGHT TO ASSERT SUCH CLAIMS IN A COURT AND TO HAVE A JURY DETERMINE YOUR CLAIMS (HEREAFTER “ARBITRATION AGREEMENT”).

This Arbitration Agreement shall be subject to the Federal Arbitration Act (Title 9 of the United States Code) and may be enforced pursuant to that Act. These Terms and any claims or disputes arising out of or relating to them or to the use of this website are to be governed by and construed in accordance with the federal laws of the United States and the laws of the State of New York, without regard to choice-of-law principles. All claims or disputes arising in connection with these Terms or use of this website, excluding legal action taken by us relating to site operations and/or intellectual property, shall be resolved solely and exclusively by confidential, binding arbitration as provided below.

Prior to initiating arbitration, you and CBHV each agree to notify the other party to the claim or dispute and attempt to negotiate an informal resolution. You must send any notice of claim or dispute by e-mail to [email protected]. We will send any notice of claim or dispute to you at the address we have for you. You and CBHV will attempt to resolve any claim or dispute through informal negotiation within thirty (30) days from the date that the notice of claim or dispute is received. If we are unable to resolve the claim or dispute through informal negotiation, you agree that the claim or dispute will be resolved through confidential, binding arbitration by a single impartial arbitrator rather than by a court. Any such claim or dispute shall be brought solely by you as an individual and not as part of, or as a representative of, a class. The arbitration shall be conducted in New York State using the American Arbitration Association. The arbitrator’s award shall be final and binding. The courts located within the State of New York shall have exclusive jurisdiction and venue over (i) any action concerning the enforcement of an arbitration award, or (ii) if arbitration is not permitted by law, then any claim or dispute arising in connection with these Terms or use of this website. However, you agree that any questions or disputes as to the enforceability of this Arbitration Agreement shall be decided by the arbitrator. You and CBHV acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all claims and disputes. You and CBHV also acknowledge and agree that we are each waiving the right to a trial by jury.

You may opt out of this Arbitration Agreement by notifying us within thirty (30) days of the first day on which you access this site of your desire to do so. Your notice that you choose to opt out must be sent via e-mail to [email protected] or by certified mail to Collection Bureau of Hudson Valley, 155 North Plank Road, P.O. Box 831, Newburgh, NY 12551-0831. You agree that your failure to opt out in such a manner shall act as a waiver of your right to opt out and of any challenges to this Arbitration Agreement.

CBHV may revise these Terms at any time, at our sole discretion, by posting amended Terms on this website. We may at any time, with or without cause, and without prior notice to you, deny you access to the website. We may terminate these Terms and take down the website in whole or in part at any time without prior notice to you. No failure, omission, or delay on our part to exercise any right under these Terms will preclude any other further exercise of that right under these Terms. If any provision of these Terms changes due to applicable law or is declared invalid by order of a court of competent jurisdiction, the remaining provisions of these Terms will not be affected, and these Terms will be interpreted as if the invalid provision had not been included in these Terms.