Terms & Conditions
DATE LAST MODIFIED: FEBRUARY 28, 2006
This Terms of Use Agreement (this "Agreement"), which is a legal agreement
between you ("you") and Start Fresh Today, Inc. ("StartFresh"), shall govern
your use of and access to StartFresh's Web site located at
www.startfreshtoday.com (the "Web site") and all services provided by
StartFresh and/or its affiliates and partners as described therein (the
"Services"). By checking the box or clicking the "I Agree" button at the end of
the this Agreement, 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 StartFresh 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 StartFresh'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 and/or purchasing services or products at the
Web site). If you do not agree with any of the terms contained herein, you
should click the "I do not Agree" button at the end of this Agreement and
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 SITE
StartFresh 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, StartFresh 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, StartFresh 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 StartFresh from time to time.
SERVICES AND PARTIES
The Services are described within various pages of the Web site , including,
without limitation, the "Products and Services" page. You should review these
pages to gain a better understanding of the Services and the goals behind the
Web site. At a general level, StartFresh collects information submitted by you
at the Web site (a "Submission"), which information is used to populate a
back-end database. This information is then used, depending on your selections
at the Web site, to provide, or have third parties provide, various services to
you related to understanding, researching and/or proceeding with certain
aspects of a bankruptcy filing. The specific services to be provided to you
will be dictated by your selections at the Web site and your payment of the
fees associated with such selections. StartFresh also offers various services
to attorneys. Attorneys can, subject to all terms and conditions set forth
herein, purchase certain products and services at the Web site related to the
bankruptcy process. The Services and/or various portions of the Web site may be
accessible via other web sites from time to time, and you hereby agree that,
notwithstanding anything contained in such web site's terms and conditions, the
use of any Services or any other transactions contemplated on the Web site
shall be governed by this Agreement to the same extent had you purchased such
Services by visiting the Web site directly.
Credit Counseling Briefings . Various credit counseling agencies (each,
an "Agency"), each of which has signed up with StartFresh or a partner of
StartFresh to receive access to Submissions over time, are provided with access
to certain, specified Submissions for purposes of (a) outlining opportunities
for available credit counseling to you, (b) helping you to perform an initial
budget analysis, and (c) providing a certificate to you which is in proper form
for submission with a bankruptcy court showing that that you have been
"briefed" by such credit counseling agency . To this end, an Agency will be
provided with access to the information included in your Submission. Such
Agency may, to the extent necessary, contact you via telephone or e-mail to
assess your situation and/or ask further questions of you. Such Agency, in
accordance with its standard operating procedure, will then provide the
selected services to you. StartFresh is in no way involved with the Agency
decision-making process regarding briefings, certifications or any other
matter, and as such all questions or concerns you may have regarding the
briefing process or any other action taken by your Agency shall be directed
solely to such Agency.
You hereby represent that all of the information you have provided in your
Submission, or, as applicable, all of the information you submit to StartFresh
within a Submission at any point in the future, is and will be true and
complete in all respects. You hereby authorize StartFresh to provide all
information contained within a Submission, including any information gathered
by way of follow up with you following a Submission, to an unlimited number of
Agencies. You acknowledge and understand that Agencies may retain a Submission
form and all information set forth therein, regardless of whether or not they
are ultimately able to certify you to proceed with a bankruptcy filing.
StartFresh is not a credit counseling agency, and does not make decisions in
connection with bankruptcy certifications or any other bankruptcy-related
matter. StartFresh does not endorse or recommend the products or services of
any particular Agency. StartFresh is not your agent, nor is StartFresh an agent
for any of the Agencies. StartFresh's services are administrative only. The
Agency assigned to your Submission is solely responsible for providing its
services to you, and you agree that StartFresh shall not be liable for any
damages or costs of any type arising out of or in any way connected with your
use of such services. Each Agency has represented to StartFresh or a partner of StartFresh that it is fully licensed and approved to issue certificates in compliance with the Bankruptcy Code. Approval does not endorse or assure the quality of an Agency's services. StartFresh does not endorse or assure the quality of an Agency’s services.
Debtor Education Course . You may also elect to participate in a debtor
education course at the Web site for purposes of exiting bankruptcy proceedings
(the "Course"). You hereby acknowledge that neither StartFresh nor any
licensors of the Course make any representations or warranties of any kind
regarding the Course. You also acknowledge that the Course was not created by
StartFresh, is not owned by StartFresh and is "provided" by the owner of the
Course (the "Provider"). The Web site is merely a vehicle through which the
Course, which is owned by the Provider, can be accessed. The owner of the
Course, as the provider, has represented to StartFresh that it is approved to
issue certificates evidencing completion of a financial management
instructional course in compliance with the Bankruptcy Code and US Trustee
regulations. Approval does not endorse or assure the quality of a provider's
services. It is the intention of StartFresh and its licensors 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
neither StartFresh nor any licensor of the Course shall be liable to you in any
way if you are unable to exit bankruptcy proceedings on account of the Course
or otherwise.
Due Diligence . Attorneys can purchase various products and/or services
relating to a particular client's bankruptcy case at the Web site, including
credit reports, title searches, car searches, asset searches, tax information
and real estate valuations and appraisals. All such products and/or services
are provided by third parties which are accessible via links on the Web site.
StartFresh, in this regard, is providing nothing more than a listing service
where such products and/or services can be purchased directly from such third
party vendors or from a third party which works with such vendors, and
StartFresh shall not be liable in any way for the content included in any such
report or any other action taken by any of these third party vendors.
StartFresh makes no representations or warranties whatsoever regarding such
third party vendors or any products they may provide to you, including that
such products are priced competitively or as to the accuracy or veracity of any
report ordered by you. You hereby agree that any claims or issues arising out
any purchase of a product or service at the Web site shall solely be between
you and the applicable third party vendor, and you hereby indemnify StartFresh
for any costs, expenses and/or liabilities arising out of any such purchase.
Purchases of any products or services offered by Credit Infonet, Inc. are
subject to the Credit Infonet Terms and Conditions, and (as applicable) the
Consumer Referral Agent Agreement, set forth at the end of this Agreement.
Purchases of any of the above-described products and/or services are
non-refundable, regardless of whether or not such products and/or services are
ever used.
Credits . Attorneys may be offered the opportunity to purchase credits
at the Web site intended to allow for the download of cases into various forms
and/or documents. The technology which enables such downloads is provided by a
third party with which StartFresh has contracted to provide such services, and
StartFresh shall not be liable in any way for any malfunctions or other issues
which may arise in connection with any such download (including, without
limitation, any liabilities or costs associated with data involved in any such
download). Purchases of credits are non-refundable, regardless of whether or
not such credits are used.
OTHER AGREEMENTS
StartFresh, as described elsewhere in this Agreement, provides nothing more
than administrative services and resources. StartFresh 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.
StartFresh, its licensors, its partners and/or participating Agencies expressly
reserve the right to discontinue, suspend or terminate the offering of their
services at any time. StartFresh does not guarantee results from any Agency -
approval standards are established and maintained solely by individual
Agencies. Likewise, StartFresh does not guarantee that the fee charged by the
Agency which receives access to your Submission, or the fee charged for
providing access to the Course, or the fee charged for any product or report,
is the lowest fee available for these services or products, or that the Agency
which has received access to your Submission is the most likely or even
reasonably likely to certify that you have been briefed so that you can proceed
with a bankruptcy.
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 StartFresh).
By clicking on the "I Agree" button or otherwise making any Submission, you
understand and agree that you are submitting an inquiry to StartFresh which
will be made available to StartFresh and/or an Agency. Each Submission shall be
deemed to constitute your electronic signature, and as such you are extending
an express invitation to the Agency and/or StartFresh to contact you by
telephone and/or e-mail at the numbers and/or addresses you have provided so
they 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
StartFresh is not paid any fees by Agencies, and does not communicate directly
with any Agency in connection with any Submission.
Fees charged for the various products and/or services offered at the Web site
are set forth in the ³fees² 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 ³Fee²). Even if
you have already paid the Fee associated with an initial Submission, you
acknowledge that in the event you make an additional Submission to StartFresh
in the future, you will be charged an additional fee equal to the fee set forth
on the Web site at the time of making such additional Submission. Fees payable
in connection with a Submission are (i) payable to one of the Agencies, however
StartFresh, for ease of administration, may initially collect such funds from
you and remit such funds, minus any amount deducted by a credit card company or
bank on account of processing such payment, to the Agency assigned to you, and
(ii) to the extent the applicable Submission has not yet been made, refundable
so long as you request a refund following the procedures as outlined in the
disclosures located on the site. Fees payable for access to the Course or
otherwise are payable to StartFresh, although all of such fees will be remitted
to licensors and other parties with which StartFresh works in providing the
Services.
Fees payable for the purchase of attorney due diligence products, which are only
available to attorneys, are payable to the third party vendor offering such
products through the Web site or, in certain instances, a partner working with
StartFresh to enable StartFresh to display such products and services on the
Web site, although StartFresh may receive a portion of any such Fee in
consideration for providing directory services. By checking the ³I Accept² box
at the end of this Agreement or otherwise using any Services, you hereby (i)
acknowledge that such fees are reasonable, and (ii) authorize StartFresh to
charge the credit card you have on file with StartFresh for all Fees due and
owing hereunder and all fees due and owing to the Agency assigned to your
Submission. Unless otherwise indicated herein, all attorney due diligence
product fees described herein are non-refundable, even if you elect not to use
one or more services and/or products purchased either individually or as part
of a package. Under certain circumstances, in the event you are able to
adequately demonstrate an inability to pay for such credit counseling briefing
and/or educational course (in accordance with applicable law and other
requirements set forth in the applicable portion of the Web site), you may be
able to submit a Submission, receive credit counseling briefings and/or
complete the debtor education course at a reduced fee or at no cost. Decisions
regarding a waiver of fees, as such decisions relate to credit counseling
briefings, are made by the Agencies rather than StartFresh.
ADDITIONAL TERMS RELATING TO DEBTOR EDUCATION COURSE
The following terms and conditions relate specifically to the Course. 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. The Provider has represented to
StartFresh that the Provider's supervisors and leaders have been providing
personal financial related educational materials for 12 years. 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.startfreshtoday.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.
Upon completion of the Course, the Provider has represented to StartFresh that
it will provide a certificate of course completion to the debtor student.
OTHER THIRD PARTY SERVICES
In addition to the Services described above, you may be able to search for
information and additional service providers in various portions of the Web
site. All content and data included in any such section has been provided to
StartFresh by a third party, and StartFresh does not guarantee the accuracy of
any listing generated by your search. Such service is offered by StartFresh for
informational purposes only, and StartFresh shall not be liable to you or any
third party on account of any information posted or displayed in connection
with this service. None of such information shall be deemed to constitute, or
serve as a substitute for, the legal advice of an attorney.
CERTAIN RESTRICTIONS ON ATTORNEYS
If you are an attorney, you agree to use the Services for no other purpose than
assisting a client with a bankruptcy filing. 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). To the extent an attorney obtains a "consumer report" (as defined
within the Fair Credit Reporting Act), it will comply with all applicable laws
in respect of such report. Without limiting the generality of the foregoing,
each attorney agrees that he/she will comply with (i) all applicable provisions
of the California Credit Reporting Agencies Act and any related regulations,
and (ii) all Vermont statutes regarding fair credit reporting. All personally
identifiable information obtained by an attorney through the Services shall be
kept strictly confidential by such attorney.
SUBMISSIONS
By making a Submission, participating in the Course or otherwise providing
information to StartFresh, you hereby acknowledge and agree that you have
established a business relationship between you and StartFresh, which is the
owner of the Web site. As such, you agree that StartFresh may contact you using
information you provided with information, surveys and offers of services
available through StartFresh, the Web site or any other web site owned or
operated by StartFresh from time to time. You hereby consent to any such
communication, phone calls or e-mails even if your phone number is on any Do
Not Call list or if your e-mail is on any other restricted access list. In the
event you wish to opt out of receiving any such communications from StartFresh,
please send an e-mail to optout@startfreshtoday.com
to be removed from this list.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the Web site are: Copyright © 2005 Start Fresh IP, LLC and/or
its suppliers, licensors or participating Agencies (as applicable). All rights
reserved. "StartFreshToday" is a service mark of Start Fresh IP, LLC. Other
product and company names mentioned herein or within the Web site, including
the names of participating Agencies and/or licensors, may be the trademarks or
service marks of their respective owners. To this end, you may not, without the
prior, written consent of StartFresh 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 StartFresh. This
Agreement shall not be deemed to transfer from StartFresh or any licensor to
you (i) any of StartFresh's or such licensor's intellectual property
(including, without limitation, patents, trademarks, service marks, trade
names, copyrights and licenses), technology, software programs or any related
assets owned by StartFresh or a licensor, (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
StartFresh 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 StartFresh at any time. You acknowledge that StartFresh obtains much of the
information posted at the Web site, and most of the Services available through
the Web site, are provided by third parties, which may or may not be completely
thorough or accurate. THE WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND
SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS, WHERE IS AND AS AVAILABLE."
STARTFRESH AND/OR ITS SUPPLIERS, LICENSORS AND PARTICIPATING AGENCIES DISCLAIM
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 STARTFRESH'S SERVICES OR PRODUCTS PURCHASED THROUGH THE
WEB SITE. IN ADDITION, STARTFRESH MAKES NO WARRANTIES REGARDING (I) ANY AGENCY
OR ANY SERVICES PROVIDED BY ANY AGENCY, OR (II) ANY OTHER ASPECT OF ANY
BANKRPUTCY PROCEEDINGS IN WHICH YOU ARE INVOLVED. USE OF THE WEB SITE AND/OR
STARTFRESH'S SERVICES IS AT YOUR OWN RISK. STARTFRESH AND/OR ITS LICESNORS
AND/OR ITS SUPPLIERS OR PARTICIPATING AGENCIES ARE 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 STARTFRESH'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 STARTFRESH, ITS LICENSORS
AND/OR ITS SUPPLIERS 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
STARTFRESH AND ANY LICENSOR 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 TO STARTFRESH, AN AGENCY OR THIRD PARTY SUPPLIER VIA THE WEB SITE.
UNAVAILABILITY OF SERVICE OR WEB SITE
You 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
StartFresh'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
StartFresh, access to the Web site and/or Services may be interrupted,
suspended or terminated from time to time. YOU AGREE THAT STARTFRESH 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 StartFresh and its suppliers, licensors, vendors, partners and
participating Agencies 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. StartFresh does not
operate or control in any respect any information, software, products or
services available on such web sites. StartFresh'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
StartFresh is not responsible for any errors or delays in responding to a
Submission or otherwise 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, (ii) the failure of an Agency to
timely respond to a Submission which StartFresh made available to such Agency,
(iii) the failure of StartFresh to make your Submission available to an Agency,
or (iv) technical problems.
DISPUTE RESOLUTION
Any claim or controversy arising out of or relating to the use of the Web site,
to the goods or services provided by StartFresh, or to any acts or omissions
for which you may contend StartFresh 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 StartFresh. 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 STARTFRESH 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 StartFresh, 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 StartFresh and it supersedes all prior or contemporaneous
communications, promises and proposals, whether oral, written or electronic,
between you and StartFresh with respect to the Web site and information,
software, products and services associated with it. StartFresh 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 StartFresh 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.
THIRD PARTY AGREEMENTS
Veros Real Estate Solutions
To the extent you purchase any reports or services (collectively, "Veros
Reports") from Veros Real Estate Solutions ("Veros"), you hereby agree,
represent and warrant: (i) to use such Veros Reports only for the "Permitted
Applications" (as defined in Exhibit A ("Exhibit A") to the agreement signed
between StartFresh and Veros Real Estate Solutions (the "Veros Agreement"));(ii)
to abide by any additional restrictions set forth in Exhibit A, (iii) to abide
by the restrictions, as applicable to you, as set forth in Sections 2 (License)
and Section 9 (Proprietary Information) of the Veros Agreement, (iv) to
disclaim all representations and warranties by, and all liability of, Veros,
and (v) that you shall not sublicense, lease, resell or otherwise provide or
redistribute any Veros Report, or products or services incorporating any Veros
Report, in any form to any party, except as expressly permitted in the Veros
Agreement. Sections from the Veros Agreement which are referenced above are
available upon written request to StartFresh.
Credit Infonet
The following are the terms and conditions for use of Credit Infonet Online
(the "CI Service"), Credit Infonet's online customer service and transaction
management platform. Credit Infonet Online is utilized for the ordering of
information products and services including, but not limited to, credit
reporting products, consumer liability reports, flood zone determinations,
closing, valuation, title, disbursement and recordation services. This CI
Service is provided for the benefit of customers of Credit Infonet ("CI"), and,
as applicable, StartFresh, whom, in either case, have executed valid electronic
or off-line contracts for the ordering of such information services.
The CI Service is offered to users on their acceptance without modification of
the terms, conditions, and notices contained herein.
Referral Agent Client Code, User Names and Passwords
Referral Agent utilizing the services has been provided with client code, user
names and passwords for accessing the CI Service securely. The Referral Agent
is solely responsible for safeguarding the information provided. The Referral
Agent agrees to notify CI of any changes in personnel or staffing that requires
a modification in the information provided to access the service. In the event
that the Referral Agent detects unauthorized usage, it is its responsibility to
immediately notify CI of the detected unauthorized use.
Privacy
Referral Agent specific information collected by CI in the process of
fulfilling the CI Service is held in the strictest confidence. CI utilizes this
information for no other purpose than fulfilling its responsibilities as
outlined in separate agreements. CI reserves the right to periodically audit a
Referral Agent's system utilization to detect any unauthorized utilization.
Indemnification
You agree to indemnify and hold CI, its parents, subsidiaries, affiliates,
strategic partners, officers and employees, harmless from any claim, demand, or
damage, including reasonable attorneys' fees, arising out of use of the
service.
Termination by CI
CI may suspend access to any part, or all of the service, and any related
service(s), at any time, with or without cause, with or without notice,
effective immediately, for any reason whatsoever.
Modifications to Terms of Service
CI reserves the right to modify its terms of service at any time. Such changes
will be updated and posted to CI's web site as a modification. A user's
continued use of the system following the updating of the terms of services
shall be viewed as the user's consent and agreement to said changes.
General
The laws of the State of Ohio and the United States of America govern your
agreement with CI. Use of the service is unauthorized in any jurisdiction that
does not give effect to all provisions of these terms and conditions, including
without limitation this paragraph. Users agree that no joint venture,
partnership, employment, or agency relationship exists between them and CI as a
result of this agreement. This agreement is to be used in conjunction with
additional CI agreements that may include, but are not limited to, a master
product and service agreement, an application for service, an onsite inspection
list, and an Internet usage policy addendum.
Copyrights and Notices
All contents of the CI Service are Copyright © 2003 Credit Infonet Inc., c/o
Credit Infonet, 4540 Honeywell CT, OH, 45424, USA. All rights reserved.
Trademark
Credit Infonet and Credit Infonet products and services referenced herein are
either trademarks or registered trademarks of Credit Infonet, Inc.
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Consumer Referral Agent Agreement
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The Agent hereby petitions CI to render services to said agents consumer
clients in accordance with the CI customary practice of providing access to
credit reporting information at the written instructions of the consumer to
whom the data relates. The supplying of such data is in compliance with section
604 (1681b) (a) (2) of the FCRA.
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Consumer Referral Agent shall submit via fax or on-line upload contracts and
picture ID from Consumers directing CI to provide a report at Consumers'
written instructions. Agent shall retain the original request form and ID
documentation in the consumers file for 2 years from submission. CI shall
deliver a CLR (Consumer Liability Report) in the manner selected by Agent.
Delivery may be via CIN Online or by automatic fax. Agent is responsible for
safeguarding reports sent to the Consumer at the Agents place of business,
collecting the charges due CI from the Consumer, and paying for it upon receipt
of monthly usage summary. With the exception of any charge for notary or faxing
expense, agent shall not add any additional charges to the price CI will bill
the consumer for its services.
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CI may from time to time reduce or increase the charges to the Consumer after
written noticed mailed or delivered to Agent at his business address. Agent
agrees to make said Consumers aware of all price changes.
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Agent hereby agrees, represents and warrants that in assisting CI in complying
with the consumer's written instructions, said agent will in all respects
comply with all of the provisions of 15 U.S.C. 1681 et seq (Fair Credit
Reporting Act) and that services will be requested only for the Agents Client's
exclusive use and only in connection with bankruptcy services provided by said
Agent. Agent certifies, agrees, represents and warrants that it will not use
CLR reports provided under this agreement in connection with any services to
consumer for the repair or improvement of their credit files at the national
credit repositories. Agent agrees that the employees of Agent will be forbidden
to attempt to obtain reports for any other purposes than those pertaining to
the Consumers written instructions.
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Agent further agrees to indemnify CI and each of its officers and employees,
jointly and severally, from any loss, damage, attorney fees and cost arising
from any claim or suit based on alleged violation of any provisions of this
agreement.
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This agreement is for a term of one month and shall remain in force and renew
automatically for successive terms of one month each, subject to cancellation
by either party at the end of such one-month period. CI may at any time
terminate this agreement in the event of any federal or state law or decision,
or data access price increases that the economic operation of CI, or any
violation of the provisions of this agreement by the agent. Agent may terminate
this agreement at any time in the event of increases in charges to the consumer
by CI.
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No information furnished to the Consumer is guaranteed nor is CI in any way
responsible for the content of such information. CI shall not be held
responsible or liable for any loss caused by neglect or acts of any of its
servants, agents, attorneys, clerks or employees in procuring, collecting and
communicating any information by or to Consumer. No promise, statement,
representation or agreement made by any employee or other representative of CI
and not expressed in this agreement shall bind it contractually or otherwise to
Agent.
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In no way shall this agreement be construed or implied as a partnership, joint
effort or direct credit report sales agreement between Agent and CI.
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15 U.S.C. 1681 et seq provides that any person who knowingly or willfully
obtains information on a consumer from a consumer reporting agency under false
pretenses shall be fined under Title 18 U.S.C. or imprisoned for not more than
two years or both.
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This agreement shall be governed under the laws of the State of Ohio.
StartFresh's contact information, should you need to contact StartFresh for any
reason, is:
StartFreshToday, Inc.
25 East Washington, Ste. 510
Chicago, IL 60602
Customer Service: (877) 525-2313
E-mail: info@startfreshtoday.com