StartFreshToday Instructional
StartFreshToday25 East Washington, Suite 510
Chicago, Illinois 60602
1 (877) 525-2313
Terms of Use Agreement
DATE LAST MODIFIED: APRIL 4, 2006
This Terms of Use Agreement (this “Agreement”), which is a legal agreement between you (“you”) and Start Fresh Today Instructional, LLC (“Provider”), shall govern your use of and access to Provider’s Web site located at www.startfreshtodayinstructional.com (the “Web site”) and all services provided by Provider and/or its affiliates and partners as described therein (the “Services”). By checking the box or clicking the applicable button at the end of this Agreement to complete a purchase, and/or by accessing and/or using the Web site or Services, you (x) accept this Agreement and agree to be bound by each of its terms, and (y) represent and warrant to Provider that (i) you have the authority to enter into this Agreement, (ii) this Agreement is binding and enforceable against you, (iii) if you are an attorney, (a) you have authority to accept this Agreement on behalf of your law firm (if applicable), and (b) you have authority to agree to the relevant terms set forth in this Agreement with respect to your clients (including, without limitation, the authority to purchase products and/or services on behalf of such clients), and (iv) you have read and understand Provider’s Privacy Policy (the “Privacy Policy”), the terms of which are posted at the Web site and incorporated herein by reference, and agree to abide by the Privacy Policy. If you are an attorney, these terms shall be binding on you, your law firm and any of your client(s) for which you purchase products and/or services at the Web site to the same extent as they are applicable to non-attorneys which use any of the Services (and all references to “you” set forth herein shall be deemed to include attorneys and law firms entering information at the Web site). If you do not agree with any of the terms contained herein, you should not click the above-referenced button and you should immediately cease any and all activities on the Web site and/or use of any Services.
Please read this Agreement carefully. Even if you fail to accept this Agreement as described above, by accessing the Web site and any pages thereof, you agree to be bound by the terms and conditions below. If you do not agree to these terms and conditions or anything contained in this Agreement, do not access or otherwise use the Web site.
CHANGES TO SERVICES, AGREEMENT AND/OR WEB SITEProvider may amend any part of this Agreement at any time, and the amended terms will be effective 10 days after initial posting at the Web site. In addition, Provider may, without prior notice, add, delete or modify some or all of the Services and/or content available on the Web site at any time in its sole discretion. Further, Provider may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU SHOULD IMMEDIATELY DISCONTINUE USE OF THE SERVICES AND WEB SITE. YOUR CONTINUED USE OF THE SERVICES OR WEB SITE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THIS AGREEMENT, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES AND/OR MODIFICATIONS. You should review this Agreement periodically to ensure you become aware of changes which are made to this Agreement by Provider from time to time.
SERVICES AND PARTIES
The Services are described within various pages of the Web site. Yo u may elect to participate in a debtor education course at the Web site for purposes of exiting bankruptcy proceedings (the “Course”). You hereby acknowledge that Provider does not make any representations or warranties of any kind regarding the Course. The Web site is merely a vehicle through which the Course, which is owned by the Provider, can be accessed. It is the intention of Provider that satisfactory completion of the Course by you in a timely fashion will satisfy the debtor education requirement to exit bankruptcy proceedings under applicable law, but Provider shall not be liable to you in any way if you are unable to exit bankruptcy proceedings on account of the Course or otherwise.
OTHER AGREEMENTS
Provider is not a law firm, and does not provide legal advice of any sort. If you are an attorney you are solely responsible for providing legal advice to your clients regarding bankruptcy and related matters. If you are not an attorney, you should rely on the advice of legal counsel in making any final decisions regarding bankruptcy and navigating your way through the bankruptcy process. The tools offered at the Web site, while intended to facilitate the bankruptcy process, do not constitute legal advice and should not, under any circumstance, be relied upon as legal advice.
Provider expressly reserves the right to discontinue, suspend or terminate the offering of its services at any time. Provider does not guarantee results. Likewise, Provider does not guarantee that the fee charged for providing access to the Course is the lowest fee available for these services.
Products and/or services purchased by an attorney on behalf of a client are non-transferable, meaning that all such products and services must be used solely by the client for which such products and services were purchased (as reflected in the records of Provider).
By clicking on the applicable button, you understand and agree that you are providing your electronic signature to the terms set forth herein, in addition to all fee waiver and other disclosures posted at the Web site from time to time (all of which are incorporated herein by reference), and as such you are extending an express invitation to Provider to contact you by telephone and/or e-mail at the numbers and/or addresses you have provided so it may assist you with your transaction, and you hereby consent to any such calls and e-mails even if your phone number is on any Do Not Call list or your e-mail address is listed on any restricted access list.
FEES
Fees charged for access to the Course are set forth in the “fees” portion of the Web site. In consideration for providing the Services, you agree to pay all such fees which are due and owing on account of the selections you have made at the Web site (the “Fee”). Fees payable in connection with the Course are (i) payable, for administrative purposes, to Start Fresh Today, Inc., however the full amount of such funds, less any amounts retained by credit card companies, will be remitted to Provider, and (ii) to the extent the Course has not yet been accessed, refundable so long as you request a refund following the procedures as outlined in the disclosures located on the site. By checking the “I Accept” or other applicable box at the end of this Agreement or otherwise using any Services, you hereby (i) acknowledge that such fees are reasonable, and (ii) authorize Provider and/or Start Fresh Today, Inc. to charge the credit card you have on file with Provider for all Fees due and owing hereunder. Unless otherwise indicated herein, all fees described herein are non-refundable, even if you elect not to access the Course. Under certain circumstances, in the event you are able to adequately demonstrate an inability to pay for such Services (in accordance with applicable law and other requirements set forth in the applicable portion of the Web site), you may be able to complete the Course at a reduced fee or at no cost.
The Fee payable in connection with providing access to the Course will, as described above, be no greater than your ability to pay such Fee, and, under any circumstance, be no greater than $75. Course materials are provided through the Internet via an interactive learning module. The Course, except in the case of downtime and maintenance from time to time, can be accessed through www.startfreshtodayinstructional.com 24 hours per day, 7 days per week, and 365 days per year. The Provider does not pay or receive fees or other consideration for the referral of debtor students. Provider’s supervisors and leaders have been providing personal financial related educational material for twelve years. Upon completion of the Course, the Provider will provide a certificate of course completion to the debtor student.
CERTAIN RESTRICTIONS ON ATTORNEYS
If you are an attorney, you agree to use the Services for no other purpose than assisting a client with an exit from bankruptcy. To the extent an attorney is provided with any data or other personal information in connection with the Services, such attorney agrees to use such information solely for its intended purpose (and not for re-sale, marketing purposes or any other prohibited purpose).
COPYRIGHT AND TRADEMARK NOTICES
The Course is Copyright © 2006 Start Fresh Today Instructional, LLC. All rights reserved. “Start Fresh Today Instructional” is a service mark of Start Fresh Today Instructional, LLC. Other product and company names mentioned herein or within the Web site may be the trademarks or service marks of their respective owners. To this end, you may not, without the prior, written consent of Provider or the applicable copyright holder, modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the content posted at the Web site or otherwise owned by Provider. This Agreement shall not be deemed to transfer from Provider or any licensor to you (i) any of Provider’s intellectual property (including, without limitation, patents, trademarks, service marks, trade names, copyrights and licenses), technology, software programs or any related assets owned by Provider, (ii) any rights in or to the Course, or (iii) any rights to use or license any of the foregoing except as explicitly set forth in this Agreement.
DISCLAIMERS AND LIMITATIONS
Provider intends that the information contained in the Web site be accurate and reliable; however, errors sometimes occur. In addition, changes and improvements to the information provided herein or on the Web site may be made by Provider at any time. THE WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS, WHERE IS AND AS AVAILABLE." PROVIDER DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED WITHIN THE WEB SITE, INCLUDING WITHOUT LIMITATION (I) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, AND (II) AS TO THE RESULTS THAT MAY BE OBTAINED BY USE OF THE WEB SITE OR ANY OF PROVIDER’S SERVICES. IN ADDITION, PROVIDER MAKES NO WARRANTIES REGARDING ANYASPECT OF ANY BANKRPUTCY PROCEEDINGS IN WHICH YOU ARE INVOLVED. USE OF THE WEB SITE AND/OR PROVIDER’S SERVICES IS AT YOUR OWN RISK. PROVIDER IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEB SITE AND/OR PROVIDER’S SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PROVIDER HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. In all events, the aggregate liability of PROVIDER for any reason and upon any cause of action, whether in contract, tort or otherwise, shall not exceed the amount of fees paid by YOU HEREUNDER.
UNAVAILABILITY OF SERVICE OR WEB SITEYou are responsible, at your sole cost and expense, for providing all equipment necessary to access the Internet, the Web site and/or the Services. While it is Provider’s objective to make the Web site accessible 24 hours per day, 7 days per week, the Web site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Provider, access to the Web site and/or Services may be interrupted, suspended or terminated from time to time. YOU AGREE THAT PROVIDER SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY SUCH INTERRUPTION, SUSPENSION OR TERMINATION OF THE WEB SITE AND/OR SERVICE AND THAT YOU SHALL PUT IN PLACE CONTINGENCY PLANS TO ACCOUNT FOR SUCH PERIODIC INTERRUPTIONS OR SUSPENSIONS OF THE WEB SITE AND/OR SERVICE.
INDEMNITY
As a condition of use of the Web site and/or the Services, you agree to indemnify Provider from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of the Web site or any of the Services, including without limitation any claims alleging facts that if true would constitute a breach by you of this Agreement.
LINKS TO THIRD PARTIES
The Web site may contain links to web sites maintained by third parties. Such links are provided for your convenience and reference only. Provider does not operate or control in any respect any information, software, products or services available on such web sites. Provider's inclusion of a link to a web site does not imply any endorsement of those services or the web site, its contents or its sponsoring organization.
ERRORS AND DELAYS
Provider is not responsible for any errors or delays in processing information submitted by you at the Web site, including, without limitation, those caused by (i) an incorrect e-mail address or telephone number provided by you, or (ii) technical problems.
DISPUTE RESOLUTION
Any claim or controversy arising out of or relating to the use of the Web site and/or Course, or to any acts or omissions for which you may contend Provider is liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of JAMS in force at that time. The arbitration shall be venued in Cook County, Illinois. The arbitrator shall be selected pursuant to the JAMS rules. Should no JAMS rule regarding the selection of an arbitrator be in effect, you shall select an arbitrator from a panel of arbitrators acceptable to Provider. The costs of arbitration shall be paid by the non-prevailing party.
Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Cook County, Illinois. The arbitrator shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this Agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND PROVIDER WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable and are subject to very limited review by a court. By using the Services or accessing the Web site, you consent to these restrictions.
Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Provider, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Cook County, Illinois. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys' fees from the non-prevailing party.
MISCELLANEOUS
This Agreement, including the Privacy Policy, constitutes the entire agreement between you and Provider and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and Provider with respect to the Web site and information, software, products and services associated with it. Provider and you are intended to be independent contractors, and nothing in this Agreement shall be deemed to establish any relationship of partnership, joint venture, employment, franchise or agency between Provider and you. This Agreement shall be subject to and construed in accordance with the laws of the State of Illinois, excluding its conflict of laws principles. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.
Provider’s contact information, should you need to contact Provider for any reason, is:
Start Fresh Today Instructional, LLC
25 East Washington, Suite 510
Chicago, IL 60602
Customer Service: (877) 525-2313
E-mail: info@startfreshtodayinstructional.com