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1. ACCEPTANCE OF TERMS
NDC provides
its service to you, subject to the following Terms of Service ("TOS"),
which may be updated by us from time to time without notice to you.
In addition, when using particular NDC services, you and NDC shall
be subject to any posted guidelines or rules applicable to such
services which may be posted from time to time. All such guidelines
or rules are hereby incorporated by reference into the TOS.
2.
DESCRIPTION OF SERVICE
NDC currently
provides users with access to a collection of Chapter 13 Bankruptcy
case information supplied directly from the individual Offices of
Chapter 13 Trustees (the "Service"). You understand and
agree that the service may include certain communications from NDC,
such as service announcements, administrative messages and the NDC
Newsletter, and that these communications are considered part of
NDC membership and you will not be able to opt out of receiving
them. Unless explicitly stated otherwise, any new features that
augment or enhance the current Service, including the release of
new NDC properties, shall be subject to the TOS. You understand
and agree that the Service is provided "AS-IS" and that
NDC assumes no responsibility for the timeliness, deletion, mis-delivery
or failure to store any user communications or personalization settings.
You are responsible
for obtaining access to the Service and that access may involve
third party fees (such as Internet service provider or airtime charges).
You are responsible for those fees, including those fees associated
with the display or delivery of advertisements. In addition, you
must provide and are responsible for all equipment necessary to
access the Service.
Please be aware
that all information on the Service is for adult use - you must
be at least 18 years of age to access and view the information unless
access is granted with parental consent.
3.
YOUR REGISTRATION OBLIGATIONS
In consideration
of your use of the Service, you agree to: (a) provide true, accurate,
current and complete information about yourself as prompted by the
Service's registration form (such information being the "Registration
Data") and (b) maintain and promptly update the Registration
Data to keep it true, accurate, current and complete. If you provide
any information that is untrue, inaccurate, not current or incomplete,
or NDC has reasonable grounds to suspect that such information is
untrue, inaccurate, not current or incomplete, NDC has the right
to suspend or terminate your account and refuse any and all current
or future use of the Service (or any portion thereof).
4.
NDC PRIVACY POLICY
Registration Data and certain other information about you is subject
to our Privacy Policy, and the full details of such policy are listed
on this page.
5.
MEMBER ACCOUNT, PASSWORD AND SECURITY
You will
receive a password and account designation upon completing the Service's
registration process. You are responsible for maintaining the confidentiality
of the password and account, and are fully responsible for all activities
that occur under your password or account. You agree to (a) immediately
notify NDC of any unauthorized use of your password or account or
any other breach of security, and (b) ensure that you exit from
your account at the end of each session. NDC cannot and will not
be liable for any loss or damage arising from your failure to comply
with this Section 5.
6.
MEMBER CONDUCT
Under
no circumstances will NDC be liable in any way for any Content,
including, but not limited to, for any errors or omissions in any
Content, or for any loss or damage of any kind incurred as a result
of the use of any Content posted, emailed, transmitted or otherwise
made available via the Service.
You agree to
not use the Service to:
a. upload, post, email, transmit or otherwise make available any
Content that is unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited
to, a NDC official, forum leader, guide or host, or falsely state
or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Content transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any
Content that you do not have a right to make available under any
law or under contractual or fiduciary relationships (such as inside
information, proprietary and confidential information learned or
disclosed as part of employment relationships or under nondisclosure
agreements);
f. upload, post, email, transmit or otherwise make available any
Content that infringes any patent, trademark, trade secret, copyright
or other proprietary rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make available any
unsolicited or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation,
except in those areas (such as shopping rooms) that are designated
for such purpose (please read our complete Spam Policy);
h. upload, post, email, transmit or otherwise make available any
material that contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll"
faster than other users of the Service are able to type, or otherwise
act in a manner that negatively affects other users' ability to
engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks
connected to the Service, or disobey any requirements, procedures,
policies or regulations of networks connected to the Service;
k. "stalk" or otherwise harass another; or
m. collect or store personal data about other users.
You acknowledge
that NDC does not pre-screen Content, but that NDC and its designees
shall have the right (but not the obligation) in their sole discretion
to refuse or move any Content that is available via the Service.
Without limiting the foregoing, NDC and its designees shall have
the right to remove any Content that violates the TOS or is otherwise
objectionable. You agree that you must evaluate, and bear all risks
associated with, the use of any Content, including any reliance
on the accuracy, completeness, or usefulness of such Content.
You acknowledge
and agree that NDC may preserve Content and may also disclose Content
if required to do so by law or in the good faith belief that such
preservation or disclosure is reasonably necessary to: (a) comply
with legal process; (b) enforce the TOS; (c) respond to claims that
any Content violates the rights of third-parties; or (d) protect
the rights, property, or personal safety of NDC, its users and the
public.
You understand
that the technical processing and transmission of the Service, including
your Content, may involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of
connecting networks or devices.
7.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing
the global nature of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable Content. Specifically,
you agree to comply with all applicable laws regarding the transmission
of technical data exported from the United States or the country
in which you reside.
8.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
NDC does
not claim ownership of Content you submit or make available for
inclusion on the Service. However, with respect to Content you submit
or make available for inclusion on publicly accessible areas of
the Service, you grant NDC the following world-wide, royalty free
and non-exclusive license(s), as applicable:
With respect
to Content you submit or make available for inclusion on publicly
accessible areas, the license to use, distribute, reproduce, modify,
adapt, publicly perform and publicly display such Content on the
Service solely for the purposes of providing and promoting the specifics
to which such Content was submitted or made available. This license
exists only for as long as you elect to continue to include such
Content on the Service and will terminate at the time you remove
or NDC removes such Content from the Service.
"Publicly accessible" areas of the Service are those areas
of the NDC network of properties that are intended by NDC to be
available to the general public.
9.
INDEMNITY
You agree
to indemnify and hold NDC, and its subsidiaries, affiliates, officers,
agents, co-branders or other partners, and employees, harmless from
any claim or demand, including reasonable attorneys' fees, made
by any third party due to or arising out of Content you submit,
post, transmit or make available through the Service, your use of
the Service, your connection to the Service, your violation of the
TOS, or your violation of any rights of another.
10.
NO RESALE OF SERVICE
You agree
not to reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, any portion of the Service, use of the Service,
or access to the Service.
11.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge
that NDC may establish general practices and limits concerning use
of the Service, including the maximum number of times (and the maximum
duration for which) you may access the Service in a given period
of time. You acknowledge that NDC reserves the right to log off
accounts that are inactive for an extended period of time. You further
acknowledge that NDC reserves the right to change these general
practices and limits at any time, in its sole discretion, with or
without notice.
12.
MODIFICATIONS TO SERVICE
NDC reserves
the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with
or without notice. You agree that NDC shall not be liable to you
or to any third party for any modification, suspension or discontinuance
of the Service.
13. TERMINATION
You agree that NDC may, under certain circumstances and without
prior notice, immediately terminate your NDC account and access
to the Service. Cause for such termination shall include, but not
be limited to, (a) breaches or violations of the TOS or other incorporated
agreements or guidelines, (b) requests by law enforcement or other
government agencies, (c) a request by you (self-initiated account
deletions), (d) discontinuance or material modification to the Service
(or any part thereof), (e) unexpected technical issues or problems.
Termination of your NDC account includes (a) removal of access to
all offerings within the Service (b) deletion of your password and
all related information, files and content associated with or inside
your account (or any part thereof), and (c) barring further use
of the Service. Further, you agree that all terminations for cause
shall be made in NDC's sole discretion and that NDC shall not be
liable to you or any third-party for any termination of your account,
any associated email address, or access to the Service.
14.
DEALINGS WITH ADVERTISERS
Your correspondence
or business dealings with, or participation in promotions of, advertisers
found on or through the Service, including payment and delivery
of related goods or services, and any other terms, conditions, warranties
or representations associated with such dealings, are solely between
you and such advertiser. You agree that NDC shall not be responsible
or liable for any loss or damage of any sort incurred as the result
of any such dealings or as the result of the presence of such advertisers
on the Service.
15.
LINKS
The Service
may provide, or third parties may provide, links to other World
Wide Web sites or resources. Because NDC has no control over such
sites and resources, you acknowledge and agree that NDC is not responsible
for the availability of such external sites or resources, and does
not endorse and is not responsible or liable for any Content, advertising,
products, or other materials on or available from such sites or
resources. You further acknowledge and agree that NDC shall not
be responsible or liable, directly or indirectly, for any damage
or loss caused or alleged to be caused by or in connection with
use of or reliance on any such Content, goods or services available
on or through any such site or resource.
16. NDC'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software
used in connection with the Service ("Software") contain
proprietary and confidential information that is protected by applicable
intellectual property and other laws. You further acknowledge and
agree that Content contained in sponsor advertisements or information
presented to you through the Service or advertisers is protected
by copyrights, trademarks, service marks, patents or other proprietary
rights and laws. Except as expressly authorized by NDC or advertisers,
you agree not to modify, rent, lease, loan, sell, distribute or
create derivative works based on the Service or the Software, in
whole or in part.
NDC grants you
a personal, non-transferable and non-exclusive right and license
to use the object code of its Software on a single computer; provided
that you do not (and do not allow any third party to) copy, modify,
create a derivative work of, reverse engineer, reverse assemble
or otherwise attempt to discover any source code, sell, assign,
sublicense, grant a security interest in or otherwise transfer any
right in the Software. You agree not to modify the Software in any
manner or form, or to use modified versions of the Software, including
(without limitation) for the purpose of obtaining unauthorized access
to the Service. You agree not to access the Service by any means
other than through the interface that is provided by NDC for use
in accessing the Service.
17.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
NDC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. NDC MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE
WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY
YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY
ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM NDC OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THE TOS.
18.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NDC SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS
OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN
IF NDC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING
FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE
COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM
ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE
SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
19.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18
MAY NOT APPLY TO YOU.
20.
SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request
any news, messages, alerts or other information from the Service
concerning companies, please read the above Sections 17 and 18 again.
They go doubly for you. The Service is provided for informational
purposes only, and no Content included in the Service or the accuracy
of the information. NDC and its licensors shall not be responsible
or liable for the accuracy, usefulness or availability of any information
transmitted or made available via the Service, and shall not be
responsible or liable for any decisions made based on such information.
21.
NOTICE
Notices to you may be made via either email or regular mail, or
both. The Service may also provide notices of changes to the TOS
or other matters by displaying notices or links to notices to you
generally on the Service.
22.
TRADEMARK INFORMATION
NDC, the NDC logo, and service marks, and other NDC logos and product
and service names are trademarks of the National Data Center. Without
NDC's prior permission, you agree not to display or use in any manner,
the NDC Marks.
23.
COPYRIGHTS and COPYRIGHT AGENTS
NDC respects the intellectual property of others, and we ask our
users to do the same. If you believe that your work has been copied
in a way that constitutes copyright infringement, or your intellectual
property rights have been otherwise violated, please provide NDC's
Copyright Agent the following information:
an electronic
or physical signature of the person authorized to act on behalf
of the owner of the copyright or other intellectual property interest;
a description
of the copyrighted work or other intellectual property that you
claim has been infringed;
a description
of where the material that you claim is infringing is located on
the site;
your address,
telephone number, and email address;
a statement
by you that you have a good faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law;
a statement
by you, made under penalty of perjury, that the above information
in your Notice is accurate and that you are the copyright or intellectual
property owner or authorized to act on the copyright or intellectual
property owner's behalf.
NDC's Agent
for Notice of claims of copyright or other intellectual property
infringement can be reached as follows:
By mail:
National
Data Center
C/O Leslie K. Vanoni
Copyright & Intelectual Property Division
Post Office Box 2004
Sonoma, CA 95476
24.
GENERAL INFORMATION
The TOS constitute the entire agreement between you and NDC and
govern your use of the Service, superceding any prior agreements
between you and NDC. You also may be subject to additional terms
and conditions that may apply when you use affiliate services, third-party
content or third-party software. The TOS and the relationship between
you and NDC shall be governed by the laws of the State of California
without regard to its conflict of law provisions. You and NDC agree
to submit to the personal and exclusive jurisdiction of the courts
located within the county of Sonoma, California. The failure of
NDC to exercise or enforce any right or provision of the TOS shall
not constitute a waiver of such right or provision. If any provision
of the TOS is found by a court of competent jurisdiction to be invalid,
the parties nevertheless agree that the court should endeavor to
give effect to the parties' intentions as reflected in the provision,
and the other provisions of the TOS remain in full force and effect.
You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use of
the Service or the TOS must be filed within one (1) year after such
claim or cause of action arose or be forever barred.
The section
titles in the TOS are for convenience only and have no legal or
contractual effect.
25.
VIOLATIONS
Please
report any violations of the TOS to our Customer Care group
National Data Center
Customer Care - Terms of Service
Post Office Box 2004
Sonoma, CA 95476
(707) 938.3639
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