ONLINE AGREEMENTS
THIS DOCUMENT CONTAINS TWO DIFFERENT AGREEMENTS, ONLY ONE OF WHICH WILL APPLY TO YOU:
I. Client Online Program User Terms and Conditions (Receiving counseling or education)
II. Facilitator Online Program User Terms and Conditions (Organizations or individuals referring Clients to Administrator for Services)
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Client Online Program User Terms and Conditions
IMPORTANT-READ CAREFULLY: By accepting the terms and conditions set forth in this Agreement (Agreement), you are agreeing to enter into a legal agreement between yourself, an individual (User or You), the Debt Reduction Services (Administrator), and the manufacturer of this software (Manufacturer) for use of this product ("SOFTWARE"). The SOFTWARE includes Manufacturer's computer software, and may include associated media, printed materials, "online" or electronic documentation, and Internet based services. Note, however, that any software, documentation, or web services that are included in the SOFTWARE, or accessible via the SOFTWARE, and are accompanied by their own license agreements or terms of use are governed by such agreements rather than this Agreement. This Agreement may be modified by Manufacturer at any time, with or without notice, without restriction.
By downloading, accessing or otherwise using the SOFTWARE, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you may not use the SOFTWARE, and you should promptly contact Administrator for instructions.
A. CLIENT DISCLOSURES.
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1. GENERAL.
The Executive Office of the United States Trustees ("UST") and the Bankruptcy Administrators ("BA") require Debt Reduction Services ("Administrator") to disclose certain information to our clients ("You" or "User") about how we operate and how we are funded. If you have any questions about any of these disclosures, please contact us toll-free at (877) 688-3328.
1.1 FUNDING SOURCES.
Administrator is a Non-Profit, 501(c)(3) tax-exempt organization. Administrator is funded through (1) program service fees, such as those you are paying for counseling; (2) private donations from individuals; (3) donations from corporations; (4) grants and other financial support from creditors; and (5) grants by public and private institutions.
1.2 COUNSELOR QUALIFICATIONS.
Counselors employed by the Administrator are trained by Administrator in the materials presented. Counselors employed by Administrator become "certified" by one or more independent bodies offering such certifications. However, certification by such an independent body is not a requirement of employment by Administrator at the time of hire. If You have a question about the certification of a particular Counselor you are working with, please ask that counselor for that information, or ask to speak with a supervisor.
1.3 POSSIBLE IMPACT ON CREDIT REPORTS.
Administrator does not provide any services which can directly impact Your credit report, either positively or negatively. Administrator will provide You with information about Your options for dealing with Your creditors. Any of these options, if exercised by You, may have a significant impact on your credit report, either positive or negative. Administrator has made a good faith attempt to provide you with unbiased, neutral information explaining the likely impact that exercising particular options would have on your credit report, however Administrator makes no promises, guarantees or warranties, express or implied, as to the information it provides, or to the effects or impacts of any described options that may be exercised by You.
1.3.1 WAIVER OF LIABILITY.
You agree to waive any and all liability on the part of Administrator, to the extent permissible by law, for any and all actions TAKEN BY YOU as a result of the information provided to you by Administrator, including any consequences thereof, whether foreseeable or not foreseeable. You are NOT WAIVING liability on the part of Administrator for actions TAKEN BY ADMINISTRATOR. This waiver also has NO EFFECT on Your rights as set forth in 11 U.S.C. Sec. 111(g) (the United States Bankruptcy Code), which requires that "A nonprofit budget and credit counseling agency [such as Administrator] that willfully or negligently fails to comply with any requirement under [the Bankruptcy Code] with respect to a debtor shall be liable for damages in an amount equal to the sum of (A) any actual damages sustained by the debtor as a result of the violation; and (B) any court costs or reasonable attorneys� fees (as determined by the court) incurred in an action to recover those damages."
1.4 COSTS OF SERVICES. The following price schedule represents the only possible charges that you will incur from Administrator for counseling. If ANY INDIVIDUAL OR ORGANIZATION, whether or not such individual or organization is an employee or representative of Administrator, seeks payment for the Administrator�s services which are not included on the fee schedule below, which are greater than the amounts set forth on the fee schedule below, or for which you have already paid, please contact Administrator IMMEDIATELY at (208)�378 0200 or toll-free at (877)�688- 3328 and request to speak with the Director of Counseling.
1.4.1 FEE SCHEDULE.
Description of Service Fee
Single User Credit Counseling $50.00
Joint (User and spouse) Credit Counseling $60.00
1.5 HOW FEES/COSTS ARE TO BE PAID. You are solely responsible for the payment of these fees, except as otherwise required under 11 U.S.C. Sec. 111(c) (the United States Bankruptcy Code), which requires that "if a fee is charged for counseling services [or the instructional course], [Administrator must] charge a reasonable fee, and provide services without regard to ability to pay the fee." If You have placed payment for Administrator�s services in the custody of a Facilitator prior to requesting Administrator�s services, You authorize us to collect those funds directly from that Facilitator.
1.6 REFUND/RETURN OF PAYMENT. In the event You are not satisfied with the program for any reason within 90 days of registration, You may request, in writing, a full refund of any fees paid. The written request should be mailed to: Debt Reduction Services, Attention: Client Refunds, 6213 N Cloverdale Rd Ste 100, Boise ID 83713
1.7 OTHER DISCLOSURES. Administrator does not take, request nor accept funds or money belonging to User, or owed to User�s creditors, under any circumstances. If any employee or representative of Administrator attempts to collect such funds, contact the Administrator IMMEDIATELY at (208)�378 0200 or toll-free at (877)�688 -3328 and request to speak with the Director of Counseling.
CLIENT END USER AGREEMENT
A. INTENDED PURPOSE. The purpose of this agreement, SOFTWARE and any written materials provided by Administrator is to provide one or more of the following services to You, at your option: (1) credit counseling through the Internet and/or (2) a certificate of completion for credit counseling.
B. PAYMENT. You are solely responsible for the payment of these fees, except as otherwise required under 11 U.S.C. Sec. 111(c) and (d) (the United States Bankruptcy Code), which requires that if a fee is charged for counseling services [or the instructional course], [Administrator must] charge a reasonable fee, and provide services without regard to ability to pay the fee. If You have placed payment for Administrators services in the custody of a Facilitator prior to requesting Administrators services, You authorize us to collect those funds directly from that Facilitator.
C. DEFINITIONS.
1. Administrator, when used in this Agreement, refers to Debt Reduction Services, Inc.
2. Facilitator, when used in this Agreement, refers to an entity or individual that refers You for services through an online web portal. This Facilitator may or may not collect the Administrators fee, hold it in trust and remit it to Administrator upon request. If the Facilitator collects the Administrators fee and holds it in trust, the Facilitator may not charge You more than the Administrators published fees, and the Administrator may neither pay nor receive a referral fee to that Facilitator or any other individual or organization.
3. You, Your, Client and User, when used in this Agreement, all refer to you, the individual who is seeking credit counseling and/or educational services through this program.
4. Program, when used in this Agreement, refers to the online computer program as well as all content and written materials provided to You, or some portion thereof.
D. GRANT OF LICENSE BY ADMINISTRATOR
5. GRANT OF LICENSE BY ADMINISTRATOR. Administrator grants you the following rights, provided you comply with all of the terms and conditions of this Software Product License, or End User License Agreement (EULA):
5.1 USE. Except as otherwise expressly provided in this EULA, you may use, access, display and run this program and its components via the internet for only the intended purpose. You may also use any written materials provided to you by Administrator for only the intended purpose. Any written materials may not be copied, reproduced or distributed to third parties without the written consent of Administrator.
5.2 CONSENT TO COLLECTION, USE AND DISCLOSURE OF PERSONAL DATA. You agree that Administrator may collect, use and disclose information as described below. Such information may be gathered by the SOFTWARE or as part of the customer support services provided to you and related to the SOFTWARE, if any.
(a) Facilitator. If You were referred for Administrator�s services through a Facilitator, You hereby authorize us to disclose the following information to that Facilitator: Your Name, Your Address, Your Phone Number, Your Fax Number, Your Email address and other contact information that You may provide to us. You also authorize us to disclose to that Facilitator budget information You have submitted to Administrator, copies of Your certificates of completion issued by Administrator, and whether or not You have completed the services for which you were referred by Facilitator.
(b) Executive Office of the United States Trustee or Bankruptcy Administrator. If you decide to file a bankruptcy petition, You hereby authorize us to disclose to the following information to the Executive Office of the United States Trustee or Bankruptcy Administrator upon their request: Your Name, Your Address, Your Phone Number, Your Fax Number, Your Email address and other contact information that You may provide to us. You also authorize us to disclose budget information You have submitted to Administrator, copies of Your certificates of completion issued by Administrator, and whether or not You have completed the services for which you engaged Administrator.
(c) Standing bankruptcy trustees. If you decide to file a bankruptcy petition, You hereby authorize us to disclose to the following information to the standing bankruptcy trustee upon their request: Your Name, Your Address, Your Phone Number, Your Fax Number, Your Email address and other contact information that You may provide to us. You also authorize us to disclose copies of Your certificates of completion issued by Administrator, and whether or not You have completed the services for which you engaged Administrator.
(d) Bankruptcy Courts. If you decide to file a bankruptcy petition, You hereby authorize us to disclose to the following information to the bankruptcy courts upon their request: Your Name, Your Address, Your Phone Number, Your Fax Number, Your Email address and other contact information that You may provide to us. You also authorize us to disclose budget information You have submitted to Administrator, copies of Your certificates of completion issued by Administrator, and whether or not You have completed the services for which you engaged Administrator.
(e) authorized members of the respective staff(s) of the above parties, in accordance with the limitations set forth above; and
(f) any other individuals or entities as may be required by statute, court order or governmental regulation.
This information shall not be provided or sold to parties not disclosed above without Your express written consent. If You believe Your information has been provided or sold to parties not disclosed above, please contact Administrator IMMEDIATELY at (208) 378-0200 or toll-free (877) 688-3328 and request to speak with the Director of Counseling.
5.3 CONSENT TO COLLECTION, USE AND DISCLOSURE OF DEMOGRAPHIC AND STATISTICAL DATA. You agree that Administrator may collect, use and disclose demographic, statistical and assessment information, gathered in any manner by the SOFTWARE or as part of the customer support services provided to You and related to the SOFTWARE, if any, to any third party for the purposes of research and analysis, but not in any form that personally identifies You. You also agree that such information may be published, but not in any form that personally identifies You.
5.4 DISCONTINUED SERVICES. Administrator reserves the right to discontinue the use of SOFTWARE and any Internet-based services provided to You or made available to You if You violate the terms and conditions of this Agreement.
5.5 LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
5.6 TERMINATION. Without prejudice to any other rights, You may cancel this EULA at any time with written notice to Administrator. In such event, You will be denied access to the SOFTWARE. Such written notice must be sent to
Debt Reduction Services
Attn: Director of Counseling
6213 N Cloverdale Rd Ste 100
Boise ID 83713
5.7 TRADEMARKS. This EULA does not grant you any rights in connection with any trademarks or service marks of Administrator or its suppliers.
5.8 INTELLECTUAL PROPERTY RIGHTS. All title and intellectual property rights in and to the SOFTWARE CONTENT (including but not limited to any images, photographs, animations, video, audio, music, and text, incorporated into the SOFTWARE), the accompanying printed materials, and any copies thereof, are owned by Administrator or its suppliers. The SOFTWARE CONTENT is licensed, not sold. All title and intellectual property rights in and to the content that is not contained in the SOFTWARE, but which may be accessed through use of the SOFTWARE is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. Use of any on-line services which may be accessed through the SOFTWARE may be governed by the respective terms of use relating to such services.
5.9 PRODUCT SUPPORT. Support for the SOFTWARE and SOFTWARE CONTENT is provided by Administrator.
5.10 U.S. GOVERNMENT LICENSE RIGHTS. All SOFTWARE and SOFTWARE CONTENT provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial rights and restrictions described elsewhere herein.
5.11 ADMINISTRATORS DISCLAIMERS, LIMITATION OF DAMAGES, AND SPECIAL PROVISIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND ANY TECHNICAL SUPPORT SERVICES (IF ANY) RELATED TO THE SOFTWARE ARE PROVIDED AS IS AND WITH ALL FAULTS. ALL OTHER DISCLAIMERS, LIMITATION OF DAMAGES, AND SPECIAL PROVISIONS PROVIDED BELOW SHALL APPLY. SUCH LIMITED WARRANTIES, LIMITATION OF LIABILITY AND SPECIAL PROVISIONS ARE AN INTEGRAL PART OF THIS EULA.
5.11.1 WARRANTY AND SPECIAL PROVISIONS FOR THE UNITED STATES OF AMERICA AND ANY OTHER COUNTRY
LIMITED WARRANTY
5.11.2 LIMITED WARRANTY. Administrator warrants that the SOFTWARE and SOFTWARE CONTENT will perform substantially in accordance with its stated purpose.
5.11.3 CUSTOMER REMEDIES AGAINST ADMINISTRATOR. You agree to waive any and all liability on the part of Administrator, to the extent permissible by law, for any and all actions TAKEN BY YOU as a result of the information provided to you by Administrator, including any consequences thereof, whether foreseeable or not foreseeable. You are NOT WAIVING liability on the part of Administrator for actions TAKEN BY ADMINISTRATOR. This waiver also has NO EFFECT on Your rights as set forth in 11 U.S.C. Sec. 111(g) (the United States Bankruptcy Code), which requires that A nonprofit budget and credit counseling agency [such as Administrator] that willfully or negligently fails to comply with any requirement under [the Bankruptcy Code] with respect to a debtor shall be liable for damages in an amount equal to the sum of (A) any actual damages sustained by the debtor as a result of the violation; and (B) any court costs or reasonable attorneys fees (as determined by the court) incurred in an action to recover those damages.
5.11.4 CUSTOMER REMEDIES AGAINST ADMINISTRATORS SUPPLIERS. Administrator's suppliers' entire liability and your exclusive remedy against such suppliers shall be, at supplier's option, either (a) return of the price paid, or (b) repair or replacement of the SOFTWARE or SOFTWARE CONTENT that does not meet this Limited Warranty and which is documented to Administrator and/or its suppliers. This Limited Warranty is void if failure of the SOFTWARE or SOFTWARE CONTENT has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE or SOFTWARE CONTENT will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
5.11.5 NO OTHER WARRANTIES BY ADMINISTRATORS SUPPLIERS. To the maximum extent permitted by applicable law, Administrators suppliers disclaim all other warranties, either express or implied, including, but not limited to implied warranties of merchantability and fitness for a particular purpose, with regard to the SOFTWARE, SOFTWARE CONTENT, and the accompanying written materials (if any). This limited warranty gives you specific legal rights. You may have others which vary from state/jurisdiction to state/jurisdiction.
5.11.6 NO LIABILITY FOR CONSEQUENTIAL DAMAGES AGAINST ADMINISTRATORS SUPPLIERS. To the maximum extent permitted by applicable law, in no event shall Administrators suppliers be liable for any damages whatsoever (including without limitation, special, incidental, consequential, or indirect damages for personal injury, loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this product, even if Administrators suppliers have been advised of the possibility of such damages. In any case, Administrator's suppliers' entire liability under any provision of this agreement shall be limited to the amount actually paid by you for use of the SOFTWARE, SOFTWARE CONTENT, and any accompanying written materials. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
5.11.7 CHOICE OF LAW. If you acquired the SOFTWARE in the United States of America, this Software License Agreement and Warranty are governed by the laws of the State of Maine, U.S.A. If you acquired the SOFTWARE outside the United States of America, local law may apply.
E. SOFTWARE PRODUCT LICENSE
6. GRANT OF LICENSE BY MANUFACTURER. Manufacturer grants You the following rights, provided You comply with all of the terms and conditions of this Software Product License, or End User License Agreement (EULA):
6.1 USE. Except as otherwise expressly provided in this EULA, you may use, access, display and run this program and its components via the internet for the intended purpose only.
6.2 CONSENT TO COLLECTION AND USE OF TECHNICAL DATA. You agree that Manufacturer and its affiliates may collect and use technical information gathered in any manner by the SOFTWARE or as part of the product support services provided to you, if any, related to the SOFTWARE. Manufacturer and its affiliates may use this information solely to improve their products, and will not include any personal identifying information. Any technical information so collected will not be distributed to non-affiliate third parties.
6.3 DISCONTINUED SERVICES. Manufacturer reserves the right to discontinue the use of SOFTWARE and any Internet-based services provided to you or made available to you.
6.4 LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
6.5 TERMINATION. Without prejudice to any other rights, Manufacturer may cancel this EULA if you do not abide by the terms and conditions contained herein. In such event, you will be denied access to the SOFTWARE.
6.6 TRADEMARKS. This EULA does not grant you any rights in connection with any trademarks or service marks of Manufacturer or its suppliers.
6.7 INTELLECTUAL PROPERTY RIGHTS. All title and intellectual property rights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text and "applets," incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, are owned by Manufacturer or its suppliers. The SOFTWARE is licensed, not sold. All title and intellectual property rights in and to the content contained in the SOFTWARE, is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. Use of any on-line services which may be accessed through the SOFTWARE may be governed by the respective terms of use relating to such services. If this SOFTWARE contains documentation that is provided only in electronic form, you may print one copy of such electronic documentation.
6.8 PRODUCT SUPPORT. SOFTWARE support for the SOFTWARE is not provided by Manufacturer or its affiliates. For product support, please contact Administrator.
6.9 MANUFACTURER�S DISCLAIMERS, LIMITATION OF DAMAGES, AND SPECIAL PROVISIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND ANY SUPPORT SERVICES (IF ANY) RELATED TO THE SOFTWARE ARE PROVIDED AS IS AND WITH ALL FAULTS. ALL OTHER DISCLAIMERS, LIMITATION OF DAMAGES, AND SPECIAL PROVISIONS PROVIDED BELOW SHALL APPLY. SUCH LIMITED WARRANTIES, LIMITATION OF LIABILITY AND SPECIAL PROVISIONS ARE AN INTEGRAL PART OF THIS EULA.
6.10.1 WARRANTY AND SPECIAL PROVISIONS FOR THE UNITED STATES OF AMERICA AND ANY OTHER COUNTRY
LIMITED WARRANTY
6.10.2 LIMITED WARRANTY. Manufacturer warrants that the SOFTWARE will perform substantially in accordance with its stated purpose for a period of ninety (90) days from the date of receipt. Any implied warranties on the SOFTWARE are limited to ninety (90) days. Some states/jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.
6.10.3 CUSTOMER REMEDIES. Manufacturer's and its suppliers' entire liability and your exclusive remedy shall be, at Manufacturer's option, either (a) return of the price paid, or (b) repair or replacement of the SOFTWARE that does not meet this Limited Warranty and which is documented to Manufacturer. This Limited Warranty is void if failure of the SOFTWARE has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
6.10.4 NO OTHER WARRANTIES. To the maximum extent permitted by applicable law, Manufacturer and its suppliers disclaim all other warranties, either express or implied, including, but not limited to implied warranties of merchantability and fitness for a particular purpose, with regard to the SOFTWARE, the accompanying written materials (if any). This limited warranty gives you specific legal rights. You may have others which vary from state/jurisdiction to state/jurisdiction.
6.10.5 NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall Manufacturer or its suppliers be liable for any damages whatsoever (including without limitation, special, incidental, consequential, or indirect damages for personal injury, loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this product, even if Manufacturer has been advised of the possibility of such damages. In any case, Manufacturer's and its suppliers' entire liability under any provision of this agreement shall be limited to the amount actually paid by you for use of the SOFTWARE. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
6.10.6 CHOICE OF LAW. If you acquired the SOFTWARE in the United States of America, this Software License Agreement and Warranty are governed by the laws of the State of Maine, U.S.A. If you acquired the SOFTWARE outside the United States of America, local law may apply.
[End Client Online Program User Terms and Conditions]
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Facilitator Online Program User Terms and Conditions
IMPORTANT-READ CAREFULLY: By accepting the terms and conditions set forth in this Agreement (Agreement), you are agreeing to enter into a legal agreement between yourself, a Facilitator (User or You), Debt Reduction Services (Administrator), and the manufacturer of this software (Manufacturer) for use of this product ("SOFTWARE"). The SOFTWARE includes Manufacturer's computer software, and may include associated media, printed materials, "online" or electronic documentation, and Internet based services. Note, however, that any software, documentation, or web services that are included in the SOFTWARE, or accessible via the SOFTWARE, and are accompanied by their own license agreements or terms of use are governed by such agreements rather than this Agreement. This Agreement may be modified by Manufacturer at any time, with or without notice, without restriction.
By downloading, accessing or otherwise using the SOFTWARE, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you may not use the SOFTWARE, and you should promptly contact Administrator for instructions.
FACILITATOR END USER AGREEMENT
A. INTENDED PURPOSE. The purpose of this agreement, SOFTWARE and any written materials provided by Administrator is to provide one or more of the following services to You, at your option: (1) allow you to refer individuals for credit counseling through the Internet or telephone and/or (2) receive a copy of certificates of completion that those individuals have received for credit counseling.
B. FEES
1. RECEIPT OF PAYMENT IN TRUST. If you refer a client for services through this Program, You hereby agree to collect Administrators fee for those services, according to the fee schedule below, and hold those fees in trust until they are collected from You by Administrator. 11 U.S.C. Sec. 111(c) and (d) (the United States Bankruptcy Code), requires that if a fee is charged for counseling services [or the instructional course], [Administrator must] charge a reasonable fee, and provide services without regard to ability to pay the fee. If You believe an individual you wish to refer for services is unable to pay the fee set forth below, call Administrator toll-free at (877) 688-3328 so that Administrator may waive all or a portion of that fee. Fees will be collected from Facilitator by Administrator by ACH, money order or paper billing, depending on the selection made at the time Facilitator registers to use the Program.
2. COMPENSATION. YOU MAY NOT, UNDER ANY CIRCUMSTANCES, CHARGE AN INDIVIDUAL BEING REFERRED TO ADMINISTRATOR FOR SERVICES A FEE GREATER THAN THAT SET FORTH BELOW FOR THAT SERVICE. IN ADDITION, ADMINISTRATOR SHALL NEITHER PAY NOR ACCEPT COMPENSATION IN ANY FORM FOR REFERRALS. There is no fee whatsoever payable by Facilitator to Administrator relating in any way to the Program or referrals therefore.
3. FEE SCHEDULE. The following fee schedule shall be used to compute the fees that shall be collected from an individual being referred to Administrator for services:
Online Single User Credit Counseling $50.00
Online Joint Users (User and spouse) Credit Counseling $60.00
C. DEFINITIONS.
4. Administrator, when used in this Agreement, refers to Debt Reduction Services, Inc.
5. Facilitator, when used in this Agreement, refers to an entity or individual that refers an individual to Administrator for services through the online Facilitator web portal that is part of this Program.
6. You, Your, and User, when used in this Agreement, all refer to you, the Facilitator.
7. Program, when used in this Agreement, refers to the online computer program as well as all content and written materials provided to You, or some portion thereof.
D. GRANT OF LICENSE BY ADMINISTRATOR
8. GRANT OF LICENSE BY ADMINISTRATOR. Administrator grants You the following rights, provided you comply with all of the terms and conditions of this Software Product License, or End User License Agreement (EULA):
8.1 USE. Except as otherwise expressly provided in this EULA, you may use, access, display and run this program and its components via the internet for only the intended purpose. You may also use any written materials provided to you by Administrator for only the intended purpose. Any written materials may not be copied, reproduced or distributed to third parties without the written consent of Administrator.
8.2 CONSENT TO COLLECTION, USE AND DISCLOSURE OF PERSONAL DATA. You agree that Administrator may collect, use and disclose information as described below. Such information may be gathered by the SOFTWARE or as part of the customer support services provided to you and related to the SOFTWARE, if any.
(a) Executive Office of the United States Trustee or Bankruptcy Administrator. You hereby authorize us to disclose to the following information to the Executive Office of the United States Trustee or Bankruptcy Administrator upon their request: Your Name, Your Address, Your Phone Number, Your Fax Number, Your Email address and other contact information that You may provide to us. You also authorize us to disclose a list of individuals that you have referred to Administrator.
(c) Standing bankruptcy trustees. You hereby authorize us to disclose to the following information to the standing bankruptcy trustee upon their request: Your Name, Your Address, Your Phone Number, Your Fax Number, Your Email address and other contact information that You may provide to us. You also authorize us to disclose a list of individuals that you have referred to Administrator.
(d) Bankruptcy Courts. You hereby authorize us to disclose to the following information to the bankruptcy courts upon their request: Your Name, Your Address, Your Phone Number, Your Fax Number, Your Email address and other contact information that You may provide to us. You also authorize us to disclose a list of individuals that you have referred to Administrator.
(e) authorized members of the respective staff(s) of the above parties, in accordance with the limitations set forth above; and
(f) any other individuals or entities as may be required by statute, court order or governmental regulation.
This information shall not be provided or sold to parties not disclosed above without Your express written consent. If You believe Your information has been provided or sold to parties not disclosed above, please contact Administrator IMMEDIATELY at (208) 378-0200 or toll-free (877) 688-3328 and request to speak with the Director of Counseling.
8.3 CONSENT TO COLLECTION, USE AND DISCLOSURE OF DEMOGRAPHIC AND STATISTICAL DATA. You agree that Administrator may collect, use and disclose demographic, statistical and assessment information, gathered in any manner by the SOFTWARE or as part of the customer support services provided to You and related to the SOFTWARE, if any, to any third party for the purposes of research and analysis, but not in any form that personally identifies You. You also agree that such information may be published, but not in any form that personally identifies You.
8.4 DISCONTINUED SERVICES. Administrator reserves the right to discontinue the use of SOFTWARE and any Internet-based services provided to You or made available to You if You violate the terms and conditions of this Agreement.
8.5 LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
8.6 TERMINATION. Without prejudice to any other rights, You may cancel this EULA at any time with written notice to Administrator. In such event, You will be denied access to the SOFTWARE. Such written notice must be sent to:
Debt Reduction Services
Attn: Director of Counseling
6213 N Cloverdale Rd Ste 100
Boise ID 83713
8.7 TRADEMARKS. This EULA does not grant you any rights in connection with any trademarks or service marks of Administrator or its suppliers.
8.8 INTELLECTUAL PROPERTY RIGHTS. All title and intellectual property rights in and to the SOFTWARE CONTENT (including but not limited to any images, photographs, animations, video, audio, music, and text, incorporated into the SOFTWARE), the accompanying printed materials, and any copies thereof, are owned by Administrator or its suppliers. The SOFTWARE CONTENT is licensed, not sold. All title and intellectual property rights in and to the content that is not contained in the SOFTWARE, but which may be accessed through use of the SOFTWARE is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. Use of any on-line services which may be accessed through the SOFTWARE may be governed by the respective terms of use relating to such services.
8.9 PRODUCT SUPPORT. Support for the SOFTWARE and SOFTWARE CONTENT is provided by Administrator.
8.10 U.S. GOVERNMENT LICENSE RIGHTS. All SOFTWARE and SOFTWARE CONTENT provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial rights and restrictions described elsewhere herein.
8.11 ADMINISTRATORS DISCLAIMERS, LIMITATION OF DAMAGES, AND SPECIAL PROVISIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND ANY TECHNICAL SUPPORT SERVICES (IF ANY) RELATED TO THE SOFTWARE ARE PROVIDED AS IS AND WITH ALL FAULTS. ALL OTHER DISCLAIMERS, LIMITATION OF DAMAGES, AND SPECIAL PROVISIONS PROVIDED BELOW SHALL APPLY. SUCH LIMITED WARRANTIES, LIMITATION OF LIABILITY AND SPECIAL PROVISIONS ARE AN INTEGRAL PART OF THIS EULA.
8.11.1 WARRANTY AND SPECIAL PROVISIONS FOR THE UNITED STATES OF AMERICA AND ANY OTHER COUNTRY
LIMITED WARRANTY
8.11.2 LIMITED WARRANTY. Administrator warrants that the SOFTWARE and SOFTWARE CONTENT will perform substantially in accordance with its stated purpose.
8.11.3 FACILITATOR REMEDIES. Administrator and it's suppliers' entire liability and your exclusive remedy against such suppliers shall be, at Administrator's option, either (a) $250.00 liquidated damages, or (b) repair or replacement of the SOFTWARE or SOFTWARE CONTENT that does not meet this Limited Warranty and which is documented to Administrator. This Limited Warranty is void if failure of the SOFTWARE or SOFTWARE CONTENT has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE or SOFTWARE CONTENT will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
8.11.4 NO OTHER WARRANTIES. To the maximum extent permitted by applicable law, Administrator and its suppliers disclaim all other warranties, either express or implied, including, but not limited to implied warranties of merchantability and fitness for a particular purpose, with regard to the SOFTWARE, SOFTWARE CONTENT, and the accompanying written materials (if any). This limited warranty gives you specific legal rights. You may have others which vary from state/jurisdiction to state/jurisdiction.
8.11.5 NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall Administrator or its suppliers be liable for any damages whatsoever (including without limitation, special, incidental, consequential, or indirect damages for personal injury, loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this product, even if Administrator has been advised of the possibility of such damages. In any case, Administrator and its suppliers' entire liability to You under any provision of this agreement shall be limited to $250.00 in liquidated damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
8.11.6 CHOICE OF LAW. If you acquired the SOFTWARE in the United States of America, this Software License Agreement and Warranty are governed by the laws of the State of Maine, U.S.A. If you acquired the SOFTWARE outside the United States of America, local law may apply.
E. SOFTWARE PRODUCT LICENSE
9. GRANT OF LICENSE BY MANUFACTURER. Manufacturer grants You the following rights, provided You comply with all of the terms and conditions of this Software Product License, or End User License Agreement (EULA):
9.1 USE. Except as otherwise expressly provided in this EULA, you may use, access, display and run this program and its components via the internet for the intended purpose only.
9.2 CONSENT TO COLLECTION AND USE OF TECHNICAL DATA. You agree that Manufacturer and its affiliates may collect and use technical information gathered in any manner by the SOFTWARE or as part of the product support services provided to you, if any, related to the SOFTWARE. Manufacturer and its affiliates may use this information solely to improve their products, and will not include any personal identifying information. Any technical information so collected will not be distributed to non-affiliate third parties.
9.3 DISCONTINUED SERVICES. Manufacturer reserves the right to discontinue the use of SOFTWARE and any Internet-based services provided to you or made available to you.
9.4 LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
9.5 TERMINATION. Without prejudice to any other rights, Manufacturer may cancel this EULA if you do not abide by the terms and conditions contained herein. In such event, you will be denied access to the SOFTWARE.
9.6 TRADEMARKS. This EULA does not grant you any rights in connection with any trademarks or service marks of Manufacturer or its suppliers.
9.7 INTELLECTUAL PROPERTY RIGHTS. All title and intellectual property rights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text and "applets," incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, are owned by Manufacturer or its suppliers. The SOFTWARE is licensed, not sold. All title and intellectual property rights in and to the content contained in the SOFTWARE, is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. Use of any on-line services which may be accessed through the SOFTWARE may be governed by the respective terms of use relating to such services. If this SOFTWARE contains documentation that is provided only in electronic form, you may print one copy of such electronic documentation.
9.8 PRODUCT SUPPORT. SOFTWARE support for the SOFTWARE is not provided by Manufacturer or its affiliates. For product support, please contact Administrator.
9.9 MANUFACTURERS DISCLAIMERS, LIMITATION OF DAMAGES, AND SPECIAL PROVISIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND ANY SUPPORT SERVICES (IF ANY) RELATED TO THE SOFTWARE ARE PROVIDED AS IS AND WITH ALL FAULTS. ALL OTHER DISCLAIMERS, LIMITATION OF DAMAGES, AND SPECIAL PROVISIONS PROVIDED BELOW SHALL APPLY. SUCH LIMITED WARRANTIES, LIMITATION OF LIABILITY AND SPECIAL PROVISIONS ARE AN INTEGRAL PART OF THIS EULA.
9.10.1 WARRANTY AND SPECIAL PROVISIONS FOR THE UNITED STATES OF AMERICA AND ANY OTHER COUNTRY
LIMITED WARRANTY
9.10.2 LIMITED WARRANTY. Manufacturer warrants that the SOFTWARE will perform substantially in accordance with its stated purpose for a period of ninety (90) days from the date of receipt. Any implied warranties on the SOFTWARE are limited to ninety (90) days. Some states/jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.
9.10.3 CUSTOMER REMEDIES. Manufacturer's and its suppliers' entire liability and your exclusive remedy shall be, at Manufacturer's option, either (a) return of the price paid, or (b) repair or replacement of the SOFTWARE that does not meet this Limited Warranty and which is documented to Manufacturer. This Limited Warranty is void if failure of the SOFTWARE has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
9.10.4 NO OTHER WARRANTIES. To the maximum extent permitted by applicable law, Manufacturer and its suppliers disclaim all other warranties, either express or implied, including, but not limited to implied warranties of merchantability and fitness for a particular purpose, with regard to the SOFTWARE, the accompanying written materials (if any). This limited warranty gives you specific legal rights. You may have others which vary from state/jurisdiction to state/jurisdiction.
9.10.5 NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall Manufacturer or its suppliers be liable for any damages whatsoever (including without limitation, special, incidental, consequential, or indirect damages for personal injury, loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this product, even if Manufacturer has been advised of the possibility of such damages. In any case, Manufacturer's and its suppliers' entire liability under any provision of this agreement shall be limited to the amount actually paid by you for use of the SOFTWARE. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
9.10.6 CHOICE OF LAW. If you acquired the SOFTWARE in the United States of America, this Software License Agreement and Warranty are governed by the laws of the State of Maine, U.S.A. If you acquired the SOFTWARE outside the United States of America, local law may apply.
[End Facilitator Online Program User Terms and Conditions]