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Ruchan Technologies, Inc. and BankruptcyONE.com's Terms of Service
This Agreement is a contract between you and BankruptcyONE.com/Ruchan Technologies, Inc. ("BankruptcyONE.com") and applies to your use of BankruptcyONE.com's Services. You must read, agree with and accept all of the terms and conditions contained in this Agreement.
INTRODUCTION
BankruptcyONE.com is a Web service application owned and operated by Ruchan Technologies, Inc. and designed to assist debtors and their attorneys to cooperatively complete and file the necessary schedules of assets, liabilities, and other pertinent information required by the U.S. Bankruptcy Courts to file a petition for bankruptcy. You can find out more about the BankruptcyONE.com Application by going to www.BankruptcyONE.com.
For convenience, we will refer to the content on the BankruptcyONE.com Web site and content on other Ruchan Technologies, Inc./BankruptcyONE.com related Web sites together as the "Site." We will refer to the Web Service Application available on the BankruptcyONE.com Web Site as part of the "BankruptcyONE.com Application."
These Terms of Service constitutes a legal agreement between you and BankruptcyONE.com. You must accept without modification all of the terms, conditions and notices contained in these Terms of Service in order to access and use the BankruptcyONE.com Application. If you do not accept these Terms of Service in their entirety, you may not access or use the BankruptcyONE.com Site and Application.
Portions of the BankruptcyONE.com Application may be governed by posted guidelines, rules, or other terms and conditions. All such guidelines, rules, and terms and conditions are hereby incorporated by reference into these Terms of Service. In the event of a conflict between such other guidelines, rules, and terms and conditions and these Terms of Service, the Terms of Service shall control. However, the BankruptcyONE.com Privacy Policy, discussed in the Privacy and Personal Information section below, supersedes any conflicting language in these Terms of Service and/or any other guidelines, rules, and terms and conditions published on the Site with respect to the subject matter covered by the BankruptcyONE.com Privacy Policy.
ACCEPTANCE OF TERMS
Before you may become a user of BankruptcyONE.com, you must read and accept all of the terms and conditions in this Terms of Service Agreement and the Privacy Policy. We strongly recommend that, as you read this Terms of Service Agreement, you also access and read the linked information that always appears in the footer of each of our websites.
This Agreement is effective on February 17, 2007 for current users, and upon acceptance for new users. Each of these policies may be changed from time to time without notice to you and are effective immediately after we post the changes on our Site. In addition, when using the BankruptcyONE.com Application, you agree that you are subject to any policies or rules which are posted in conjunction with those Services. You also understand and agree that the Services provided by BankruptcyONE.com may include certain communications from BankruptcyONE.com, such as, but not limited to, service announcements and administrative messages, and that these communications are considered part of having a BankruptcyONE.com account and you will not be able to opt out of receiving them.
MODIFICATION OF THESE TERMS OF SERVICE
BankruptcyONE.com may wish to update or change the terms, conditions, and notices for the Site from time to time to reflect changes in the BankruptcyONE.com Application, changes in the laws affecting the BankruptcyONE.com Application, or for other good reasons. You understand that BankruptcyONE.com reserves the right to make these changes and that you are responsible for regularly reviewing these terms, conditions, and notices. Continued access to, or use of, the BankruptcyONE.com Application after any such change shall constitute your consent to such change. Unless explicitly stated otherwise, any new features that change or improve the BankruptcyONE.com Application shall be subject to the Terms of Service, as modified from time to time.
NOTICES TO YOU
You agree that BankruptcyONE.com may provide notice to you by posting it on our website, emailing it to you at the email address listed in your account, or mailing it to the street address listed in your account. Such notice shall be considered to be received by you within 24 hours of the time it is posted to our website or emailed to you unless we receive notice that the email was not delivered. If the notice is sent by mail, we will consider it to have been received by you three Business Days after it is sent.
USER SIGN-UP AND RESPONSIBILITIES
Signing up to use the BankruptcyONE.com Application is free. As a non-attorney user, you may only use the BankruptcyONE.com Application for the purposes of entering your personal data into the Application prior to filing a petition for bankruptcy in the U.S. Bankruptcy Court. You agree not to use or file in any U.S. Court the forms generated by the Application without engaging the services of a licensed attorney to provide final oversight for any bankruptcy filings. As an attorney user, you may provide your clients or potential clients with access to the use of the Application under your supervision at no initial charge on a user by user basis.
At the time any user's information is converted to final format suitable for filing in the U.S. Bankruptcy Court, you as the attorney will agree to pay for use of the Application for each client case filed utilizing data generated through the Application. As a licensed attorney you have the right to re-bill client at not more than the suggested retail price of the single user application fee. All fees are quoted in U.S. Dollars. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or Application that are part of the BankruptcyONE.com Application except as expressly provided in these Terms of Service.
You agree that you must evaluate, and bear all risks associated with, the use of any information, data, text, messages, tags or other materials ("Content"), including any reliance on the accuracy, completeness or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by BankruptcyONE.com or submitted to BankruptcyONE.com, including without limitation information in the BankruptcyONE.com Application and in all other parts of the Site. You are responsible for obtaining access to the BankruptcyONE.com Application, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees responsible for all equipment necessary to access the BankruptcyONE.com Application.
INTERSTATE NATURE OF COMMUNICATIONS
When you register with BankruptcyONE.com, you acknowledge that in using the BankruptcyONE.com Application to send electronic communications (including but not limited to email, entering information into the BankruptcyONE.com Application, uploading files, instant messaging and other Internet Activities), you will be causing communications to be sent through BankruptcyONE.com's computer network, which is located in Canada. As a result, and also as a result of BankruptcyONE.com's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Service, you acknowledge that use of the service results in interstate data transmissions.
PRIVACY AND PERSONAL INFORMATION
You are required to have a BankruptcyONE.com account to use the BankruptcyONE.com Application. To set up an account, you must provide information about yourself and update this information as necessary in order to keep it current. BankruptcyONE.com agrees that it will only use your personal information in accordance with the terms of the BankruptcyONE.com Privacy Policy.
You are responsible for maintaining the confidentiality of your password and account information. Furthermore, you are responsible for all activities that occur in your account and you agree to notify BankruptcyONE.com immediately of any unauthorized use of your account. BankruptcyONE.com is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.
If you receive information about another BankruptcyONE.com user through the BankruptcyONE.com Application, you must keep the information confidential and only use it in connection with the services provided by BankruptcyONE.com. You may not disclose or distribute a BankruptcyONE.com user's information to a third party or use the information for marketing purposes unless you receive the user's express consent to do so.
We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the BankruptcyONE.com Privacy Policy. If you object to your information being transferred or used in this way please do not use our Services.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the BankruptcyONE.com Application, you agree that you will not use the BankruptcyONE.com Application for any purpose that is unlawful or contrary to these Terms of Service. Accordingly, you will not hold BankruptcyONE.com responsible for other users' actions or inactions, including messages sent between debtors and attorneys. You also may not use the BankruptcyONE.com Application in any manner that could damage, disable, overburden, or impair the BankruptcyONE.com Application or interfere with any other party's use and enjoyment of them. You may not attempt to gain unauthorized access to any BankruptcyONE.com account, computer systems or networks associated with the BankruptcyONE.com Application. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the BankruptcyONE.com Application.
RIGHT TO USE FEEDBACK OR SUGGESTIONS YOU SUBMIT
BankruptcyONE.com wants and encourages your voluntary feedback and suggestions on the BankruptcyONE.com Site and Application so that we can continually improve our Services to you and other customers. When you submit feedback and suggestions, please understand that BankruptcyONE.com needs to have full rights to use your feedback and suggestions without any encumbrances. In particular, you should understand that by submitting any feedback or suggestions to BankruptcyONE.com concerning the BankruptcyONE.com Site and Application, you warrant and represent that you own or otherwise control the rights necessary to do so and you are granting BankruptcyONE.com and its affiliated companies permission to:
1. Use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sub-license, create derivative works from, transfer, or sell any such feedback or suggestions; and
2. Sub-license to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the feedback or suggestions.
These grants include the right to exploit any proprietary rights in such feedback or suggestions, including rights under copyright, trademark, service mark or patent laws in any relevant jurisdiction. No compensation will be paid with respect to BankruptcyONE.com's use of the materials contained within such feedback or suggestions. BankrutpcyONE.com is under no obligation to post or use any materials you may provide and may remove such materials at any time at BankruptcyONE.com's sole discretion.
This section is not applicable to any personally identifiable information that you provide in connection with your registration for the BankruptcyONE.com Application. For terms and conditions governing the use of such information please refer to the BankruptcyONE.com Privacy Policy.
This section is also not applicable to any documents, information, or other data that you upload, transmit or otherwise submit to or through any BankruptcyONE.com participating sites. Please refer to the terms and conditions for such BankruptcyONE.com participating sites and applications to determine the rights of the Web site or service provider to such documents, information and/or data.
ATTORNEY MATCH WIZARD
BankruptcyONE.com's Attorney Match Wizard is merely a directory of Attorneys who have chosen to sign up and be listed as users of the BankruptcyONE.com Site and Application. Ruchan Technologies, Inc./BankruptcyONE.com and/or its respective suppliers, parents, officers, directors, affiliates, agents, partners, subsidiaries, joint ventures, licensors and employees make no representation, guarantee or warranty (express or implied) as to the legal ability, competence, or quality of representation which may be provided by any of the attorneys or law firms which are listed in the BankruptcyONE.com Site and Application. Ruchan Technologies, Inc./BankruptcyONE.com and/or its respective suppliers, parents, officers, directors, affiliates, agents, partners, subsidiaries, joint ventures, licensors and employees also makes no representation regarding the status of the listed attorneys or law firms as licensed in their respected states or certified specialists in the areas of practice listed on the BankruptcyONE.com Site and Application. Moreover, Ruchan Technologies, Inc./BankruptcyONE.com and/or its respective suppliers, parents, officers, directors, affiliates, agents, partners, subsidiaries, joint ventures, licensors and employees expressly denies liability for consequences of any legal action initiated or advice given by any listed attorney and/or law firm and undertakes no responsibility for the results or consequences of any legal representation provided by any of the attorneys or law firms listed in the BankruptcyONE.com Site and Application.
There is no fee for being listed in our directory of attorneys, all that is required is the attorney sign up and create a BankruptcyONE.com account. The BankruptcyONE.com Site and Application contains links to the attorneys' or law firms' web sites which should be considered lawyer or law firm advertisements. The information contained on these web sites is for education use only and should not be construed as offering legal advice. In addition, any electronic communication sent to BankruptcyONE.com or any of the attorneys or law firms listed on the BankruptcyONE.com Application, by itself, will not create an attorney-client relationship.
You agree that use of the Attorney Match Wizard as either a debtor or attorney is done so at your sole discretion and by using the Attorney Match Wizard you agree to defend, indemnify and hold BankruptcyONE.com (and its parents, officers, directors, affiliates, agents, partners, subsidiaries, joint ventures, licensors and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by you against your attorney or client arising out of your use of the Attorney Match Wizard. You also agree as an attorney user that you will only use this service and/or list yourself in the Attorney Match Wizard database if you are an attorney in good standing with the court of your jurisdiction.
BankruptcyONE.com's Attorney Match Wizard provides links from the BankruptcyONE.com Application to listed attorney and law firm's web sites as a convenience to our users. Ruchan Technologies, Inc./BankruptcyONE.com and/or its respective suppliers, parents, officers, directors, affiliates, agents, partners, subsidiaries, joint ventures, licensors and employees have no control over the content posted on these sites and make no representations, guarantees or warranties (express or implied) about any content or material available at these web sites. Links are not intended to imply sponsorship, affiliation or endorsement. If you believe that BankruptcyONE.com has provided a link to a site that contains infringing or illegal content or which makes available cracker tools or other circumvention devices, BankruptcyONE.com asks that you notify us so that BankruptcyONE.com may evaluate whether (in our sole discretion) to disable it.
No attorney can guarantee the success of a case and past successes even in very similar cases does not mean that success in a subsequent case is guaranteed or even likely. Past success cannot be an assurance of future success because each case must be decided on its own merits. Results depend upon a variety of factors unique to each case.
The material on the BankrputcyONE.com Site and Application is not intended to, and does not, include any advertisements for legal services that contain dramatizations, testimonials or endorsements. This site is intended to provide useful, factual information presented in a non-sensational, objective and understandable manner.
The Attorney Match Wizard is only a list of attorneys and their law firms that use the BankruptcyONE.com Application and only attempts to show debtors which attorneys and law firms, licensed in the debtor's state, use the BankruptcyONE.com Site and Application. To the extent that BankruptcyONE.com's Site and Application does not comply with the laws or regulations of any jurisdiction in which it may be received, the attorneys and law firms listed do not wish to, and will not knowingly, accept legal representation based on or resulting from the use of the BankruptcyONE.com Site and Application from a person located in that jurisdiction. None of the attorneys and law firms wish to, or knowingly will, accept legal representation based on or resulting from the use of the BankruptcyONE.com Site and Application from a person located outside the United States.
THIS SITE MAY CONTAIN ADVERTISING MATERIAL OR LAWYER ADVERTISEMENTS. Some jurisdictions may consider the BankruptcyONE.com Site and Application to be a form of advertising for legal services and as such may require specific disclosures. Please read the following carefully:
The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements. Anyone considering a lawyer should independently investigate the lawyer's credentials and ability, and not rely upon advertisements or self-proclaimed expertise. Neither BankruptcyONE.com nor any of the attorneys or law firms operate as a lawyer-advertising cooperative, lawyer referral service, prepaid legal insurance provider, or similar organization the business or activities of which include the referral of customers, members, or beneficiaries to lawyers for the performance of fee-generating legal services or the payment for or provision of legal services to the customers, members, or beneficiaries in matters for which they do not bear ultimate responsibility.
YOU AGREE, AS AN ATTORNEY USER, TO GIVE FREE BACKGROUND INFORMATION UPON REQUEST TO ANY DEBTOR USER. Before you, as a debtor user, decide to hire any of the attorneys or law firms listed, ask them to send you free written information about their qualifications and experience. Additional information about the lawyers or firms may also be obtained by contacting the Bar Association in the State in which such lawyers or law firms are licensed.
No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. Memberships and offices in legal fraternities and legal societies, technical and professional licenses, and memberships in scientific, technical and professional associations and societies of law or fields of practice do not mean that a lawyer is a specialist, expert, authority or is certified in a particular field of law, nor do such memberships or licenses mean that such a lawyer is more expert or competent than any other lawyer.
A description or indication of limitation of practice does not mean that any agency or board has certified such lawyer as a specialist, expert or authority in an indicated field of law practice, nor does it mean that such lawyer is more expert or competent than any other lawyer. BankruptcyONE.com urges all potential clients to make their own independent investigation and evaluation of any lawyer being considered.
Except where otherwise indicated, none of the attorneys or law firms listed are certified by the Florida Bar Board of Legal Specialization and Education, the Texas Board of Legal Specialization ("Not Certified by the Texas Board of Legal Specialization"), or any other entity or body. The fact that certain attorneys or law firms concentrate their practices in the defense of bankruptcy cases (or any other field) is not meant to imply that they have gained any specific type of certification in these areas. Indeed, many states, including Illinois, do not recognize certifications of specialties in the practice of law and explicitly state that any such certificate, award or recognition is not a requirement to practice law in those states.
Many states have their own rules as to the advertisement by attorneys and law firms, and the information that must accompany such advertisements. When viewing a listing on BankruptcyONE.com's Site and Application, consider the following rules and regulations to be a part of the listing:
ADDITIONAL STATE SPECIFIC DISCLOSURES:
Alabama
No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.
See Alabama Rules of Professional Conduct Rule 7.2(e) (1997)
Alaska
The Alaska Bar Association does not accredit or endorse certifying organizations.
See Alaska Rules of Professional Conduct Rule 7.4(a)(2) (1998)
Florida
The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide to hire any attorney, ask that lawyer to send you free written information about that lawyer's qualifications and experience.
See Florida Rules of Professional Conduct Rule 4-7.2(d) (1997)
Hawaii
There is no procedure for review or approval of specialist certification organizations in Hawaii.
See Hawaii Rules of Professional Conduct Rule 7.4(c) (1997)
Illinois
The Supreme Court of Illinois does not recognize certifications of specialties in the practice of law and that the certificate, award or recognition is not a requirement to practice law in Illinois.
See Illinois Rules of Professional Conduct Rule 7.4(c)(2) (1997)
Iowa
The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. This disclosure is required by rule of the Supreme Court of Iowa. Memberships and offices in legal fraternities and legal societies, technical and professional licenses, and memberships in scientific, technical and professional associations and societies of law or field of practice do not mean that a lawyer is a specialist or expert in a field of law, nor do they mean that such a lawyer is necessarily any more expert or competent than any other lawyer. A description or indication of limitation of practice does not mean that any agency or board has certified such lawyer as a specialist or expert in an indicated field of law practice, nor does it mean that such lawyer is necessarily any more expert or competent than any other lawyer. All potential clients are urged to make their own independent investigation and evaluation of any lawyer being considered. This notice is required by rule of the Supreme Court of Iowa.
See Iowa Code of Professional Responsibility DR 2-101, DR 2-102, DR 2-105
Kansas
Any attorney listings or other information pertaining to a particular attorney or law firm on this Site does not in any way constitute a referral or endorsement by an approved or authorized lawyer referral service.
Massachusetts
If a Massachusetts lawyer holds himself or herself out as "certified" in a particular service, field or area of law by a non-governmental body, the certifying organization is a private organization, whose standards for certification are not regulated by the Commonwealth of Massachusetts.
See Massachusetts Code of Professional Responsibility DR 2-105(B)
Mississippi
The Mississippi Supreme Court advises that a decision on legal services is important and should not be based solely on advertisements. Free Background information is available upon request to a Mississippi attorney. The listing of any area of practice by a Mississippi attorney does not indicate any certification of expertise therein.
See Mississippi Rules of Professional Conduct Rule 7.2(d), Rule 7.4(a), Rule 7.6(a) (1997)
Missouri
Neither the Supreme Court of Missouri nor the Missouri Bar reviews or approves certifying organizations or specialist designations.
See Missouri Rules of Professional Conduct Rule 7.4 (1997)
Nevada
Neither the state bar of Nevada nor any agency of the State Bar has certified any lawyer identified here as a specialist or as an expert. Anyone considering a lawyer should independently investigate the lawyer's credentials and ability.
See Nevada Rules of Professional Conduct Rule 198 (1997)
New Jersey
Any certification as a specialist, or any certification in a field of practice, that does not state that such certification has been granted by the Supreme Court of New Jersey or by an organization that has been approved by the American Bar Association, indicates that the certifying organization has not been approved, or has been denied approval, by the Supreme Court of New Jersey and the American Bar Association.
See New Jersey Rules of Professional Conduct Rule 7.4(b) (1997)
New Mexico
Any certification by an organization other than the New Mexico Board of Legal Specialization does not constitute recognition by the New Mexico Board of Legal Specialization, unless the lawyer is also recognized by the board as a specialist in that area of law.
See New Mexico Rules of Professional Conduct Rule 16-704(D) (1997)
Rhode Island
The Rhode Island Supreme Court licenses all lawyers in the general practice of law. The court does not license or certify any lawyer as an expert or specialist in any field of practice.
See Rhode Island Rules of Professional Conduct Rule 7.4 (1998)
Tennessee
Unless otherwise indicated, Tennessee attorneys are not certified as specialists by the Tennessee Commission on Continuing Legal Education and Specialization in the areas of practice listed on their profiles. Certifications of Specialization are available to Tennessee lawyers in all areas of practice relating to or included in the areas of Civil Trial, Criminal Trial, Business Bankruptcy, Consumer Bankruptcy and Creditor's Rights. Listing of related or included practice areas herein does not constitute or imply a representation of certification of specialization.
See Tennessee Code of Professional Responsibility DR 2-101(C)(3) (1998)
Texas
Unless otherwise indicated, Texas attorneys are Not Certified by the Texas Board of Legal Specialization in the areas of practice listed on their profiles.
See Texas Disciplinary Rules of Professional Conduct Rule 7.04(b)(3) (1999)
Washington
The Supreme Court of Washington does not recognize certification of specialties in the practice of law. Any certificate, award, or recognition by a group, organization or association used by a Washington attorney to describe his or her qualifications as a lawyer or qualifications in any subspecialty lf law is not a requirement to practice law in the State of Washington.
See Washington Rules of Professional Responsibility Rule 7.4(b) (1997)
Wyoming
The Wyoming State Bar does not certify any lawyer as a specialist or expert. Anyone considering a lawyer should independently investigate the lawyer's credentials and ability, and not rely upon advertisements or self-proclaimed expertise.
See Wyoming Rules of Professional Conduct for Attorneys at Law Rule 7.4 (1997)
SOFTWARE AND CONTENT AVAILABLE ON THE BANKRUPTCYONE.COM APPLICATION
All content and software (if any) that is made available to view and/or download from the Web pages that are part of the BankruptcyONE.com Application is owned by and is the copyrighted work of Ruchan Technologies, Inc. and/or its suppliers. Ruchan Technologies, Inc. hereby grants to you, the user, a personal, non-transferable and non-exclusive right and license to use the BankruptcyONE.com Application for operating, viewing and all of the other intended uses of the BankruptcyONE.com Application in accordance with these Terms of Service, and for no other purpose, provided that you keep intact all copyright and other proprietary notices and you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the BankruptcyONE.com Application. You agree not to modify the BankruptcyONE.com Application in any manner or form, nor to use modified versions of the BankruptcyONE.com Application, including (without limitation) for the purpose of obtaining unauthorized access to the BankruptcyONE.com Application. You agree not to access the BankruptcyONE.com Application by any means other than through the interface that is provided by BankruptcyONE.com for use in accessing the BankruptcyONE.com Application. The BankruptcyONE.com Application is owned by Ruchan Technologies, Inc. and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the BankruptcyONE.com Application is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE BANKRUPTCYONE.COM APPLICATION TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
DISPUTES WITH BANKRUPTCYONE.COM
If a dispute arises between you and BankruptcyONE.com, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and BankruptcyONE.com regarding our services may be reported to Customer Service online through support@bankruptcyone.com at any time or by phone at (713) 629-6800 during business hours.
If you are unable to resolve your issue by working directly with us, BankruptcyONE.com will consider reasonable requests to resolve disputes through alternative dispute resolution procedures, such as mediation or binding arbitration as alternatives to litigation. Accordingly, you and BankruptcyONE.com agree to resolve any claim in accordance with this Terms of Service Agreement, or as otherwise agree to in writing.
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
LIABILITY DISCLAIMER
RUCHAN TECHNOLOGIES, INC./BANKRUPTCYONE.COM AND/OR ITS RESPECTIVE SUPPLIERS, PARENTS, OFFICERS, DIRECTORS, AFFILIATES, AGENTS, PARTNERS, SUBSIDIARIES, JOINT VENTURES, LICENSORS AND EMPLOYEES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, APPLICATION, AND RELATED GRAPHICS CONTAINED ON OR OBTAINED THROUGH THE BANKRUPTYONE.COM APPLICATION FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, APPLICATION, AND RELATED GRAPHICS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. RUCHAN TECHNOLOGIES, INC./BANKRUPTCYONE.COM AND/OR ITS RESPECTIVE SUPPLIERS, PARENTS, OFFICERS, DIRECTORS, AFFILIATES, AGENTS, PARTNERS, SUBSIDIARIES, JOINT VENTURES, LICENSORS AND EMPLOYEES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER INFORMATION, COMMUNICATIONS, OR PERONSLIZATION SETTINGS. RUCHAN TECHNOLOGIES, INC./BANKRUPTCYONE.COM AND/OR ITS RESPECTIVE SUPPLIERS, PARENTS, OFFICERS, DIRECTORS, AFFILIATES, AGENTS, PARTNERS, SUBSIDIARIES, JOINT VENTURES, LICENSORS AND EMPLOYEES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, APPLICATION, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES, CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FURTHER, WE CANNOT GUARANTEE CONTINUOUS OR SECURE ACCESS TO OUR SERVICES, AND OPERATION OF THE SITES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. RUCHAN TECHNOLOGIES, INC./BANKRUPTCYONE.COM AND/OR ITS RESPECTIVE SUPPLIERS, PARENTS, OFFICERS, DIRECTORS, AFFILIATES, AGENTS, PARTNERS, SUBSIDIARIES, JOINT VENTURES, LICENSORS AND EMPLOYEES ALSO MAKE NO WARRANTY THAT THE BANKRUPTCYONE.COM APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE BANKRUPTCYONE.COM APPLICATION WILL MEET YOUR EXPECTATIONS AND THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. WE ARE NOT LIABLE FOR ANY LOSS OF MONEY, GOODWILL, OR REPUTATION, OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF THE BANKRUPTCYONE.COM SITE AND APPLICATION.
YOU UNDERSTAND THAT ALL CONTENT, WHETHER PUBLICLY POSTED OR PRIVATELY TRANSMITTED, ARE THE SOLE RESPONSIBILITY OF THE PERSON FROM WHOM SUCH CONTENT ORIGINATED. THIS MEANS THAT YOU, AND NOT RUCHAN TECHNOLOGIES, INC./BANKRUPTCYONE.COM, ARE ENTIRELY RESPONSIBLE FOR ALL CONTENT THAT YOU UPLOAD, POST, EMAIL, TRANSMIT OR OTHERWISE MAKE AVAILABLE VIA THE BANKRUPTCYONE.COM APPLICATION. BANKRUPTCYONE.COM DOES NOT CONTROL THE CONTENT POSTED VIA THE BANKRUPTCYONE.COM APPLICATION AND, AS SUCH, DOES NOT GUARANTEE THE ACCURACY, INTEGRITY OR QUALITY OF SUCH CONTENT. UNDER NO CIRCUMSTANCES WILL RUCHAN TECHNOLOGIES, INC./BANKRUPTCYONE.COM BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE BANKRUPTCYONE.COM APPLICATION. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE BANKRUPTCYONE.COM APPLICATION IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLEY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BANKRUPTCYONE.COM OR THROUGH OR FROM THE BANKRUPTCYONE.COM APPLICATION SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU.
RUCHAN TECHNOLOGIES, INC./BANKRUPTCYONE.COM AND/OR ITS RESPECTIVE SUPPLIERS, PARENTS, OFFICERS, DIRECTORS, AFFILIATES, AGENTS, PARTNERS, SUBSIDIARIES, JOINT VENTURES, LICENSORS AND EMPLOYEES MAKE NO REPRESENTATION, GUARANTEE OR WARRANTY (EXPRESS OR IMPLIED) AS TO THE LEGAL ABILITY, COMPETENCE, OR QUALITY OF REPRESENTATION WHICH MAY BE PROVIDED BY ANY OF THE ATTORNEYS OR LAW FIRMS THAT ARE LISTED IN THE ATTORNEY MATCH WIZARD ON THE BANKRUPTCYONE.COM SITE AND APPLICATION. YOU UNDERSTAND THAT RUCHAN TECHNOLOGIES, INC./BANKRUPTCYONE.COM AND/OR ITS RESPECTIVE SUPPLIERS, PARENTS, OFFICERS, DIRECTORS, AFFILIATES, AGENTS, PARTNERS, SUBSIDIARIES, JOINT VENTURES, LICENSORS AND EMPLOYEES ALSO MAKES NO REPRESENTATION REGARDING THE STATUS OF THE LISTED ATTORNEYS OR LAW FIRMS AS LICENSED IN THEIR RESPECTED STATES OR CERTIFIED SPECIALISTS IN THE AREAS OF PRACTICE LISTED ON THE BANKRUPTCYONE.COM SITE AND APPLICATION. MOREOVER, RUCHAN TECHNOLOGIES, INC./BANKRUPTCYONE.COM AND/OR ITS RESPECTIVE SUPPLIERS, PARENTS, OFFICERS, DIRECTORS, AFFILIATES, AGENTS, PARTNERS, SUBSIDIARIES, JOINT VENTURES, LICENSORS AND EMPLOYEES EXPRESSLY DENIES LIABILITY FOR CONSEQUENCES OF ANY LEGAL ACTION INITIATED OR ADVICE GIVEN BY ANY LISTED ATTORNEY AND/OR LAW FIRM AND UNDERTAKES NO RESPONSIBILITY FOR THE RESULTS OR CONSEQUENCES OF ANY LEGAL REPRESENTATION PROVIDED BY ANY OF THE ATTORNEYS OR LAW FIRMS LISTED IN THE BANKRUPTCYONE.COM SITE AND APPLICATION. IN ADDITION, RUCHAN TECHNOLOGIES, INC./BANKRUPTCYONE.COM AND/OR ITS RESPECTIVE SUPPLIERS, PARENTS, OFFICERS, DIRECTORS, AFFILIATES, AGENTS, PARTNERS, SUBSIDIARIES, JOINT VENTURES, LICENSORS AND EMPLOYEES HAVE NO CONTROL OVER THE CONTENT POSTED ON THESE SITES AND MAKE NO REPRESENTATIONS, GUARANTEES OR WARRANTIES (EXPRESS OR IMPLIED) ABOUT ANY CONTENT OR MATERIAL AVAILABLE AT THESE WEB SITES.
IN NO EVENT SHALL RUCHAN TECHNOLOGIES, INC./BANKRUPTCYONE.COM AND/OR ITS RESPECTIVE SUPPLIERS, PARENTS, OFFICERS, DIRECTORS, AFFILIATES, AGENTS, PARTNERS, SUBSIDIARIES, JOINT VENTURES, LICENSORS AND EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA, GOODWILL, PROFITS OR OTHER INTANGIBLE LOSSES (EVEN IF BANKRUPTCYONE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (1) THE USE OR PERFORMANCE OF THE BANKRUPTCYONE.COM APPLICATION; (2) THE DELAY OR INABILITY TO USE THE BANKRUPTYONE.COM APPLICATION; (3) THE PROVISION OF OR FAILURE TO PROVIDE THE BANKRUPTCYONE.COM APPLICATION; (4) FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR APPLICATION OBTAINED THROUGH THE BANKRUPTYONE.COM SITE AND APPLICATION; (5) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBATINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE BANKRUPTCYONE.COM SITE AND APPLICATION; (6) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (7) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (8) OR ANY OTHER MATTER RELATING TO THE SERVICE OTHERWISE ARISING OUT OF THE USE OF THE BANKRUPTYONE.COM SITE AND APPLICATION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF RUCHAN TECHNOLOGIES, INC./BANKRUPTCYONE.COM AND/OR ITS RESPECTIVE SUPPLIERS, PARENTS, OFFICERS, DIRECTORS, AFFILIATES, AGENTS, PARTNERS, SUBSIDIARIES, JOINT VENTURES, LICENSORS AND EMPLOYEES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE BANKRUPTCYONE.COM APPLICATION, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BANKRUPTYONE.COM SITE AND APPLICATION.
Regardless of the above, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.
If you have a dispute with one or more users, you release BankruptcyONE.com (and its parents, officers, directors, affiliates, agents, partners, subsidiaries, joint ventures, licensors and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code § 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
INDEMNITY
You agree to defend, indemnify and hold BankruptcyONE.com (and its parents, officers, directors, affiliates, agents, partners, subsidiaries, joint ventures, licensors and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Terms of Service Agreement, Content you submit, post, transmit or otherwise make available through the BankruptcyONE.com Application, your use of the BankruptcyONE.com Application, your connection to the BankruptcyONE.com Application or your violation of any law or the rights of a third party.
USER LIABILITY
You are responsible for all Reversals, Chargebacks, Claims, fees, fines, penalties and other liability incurred by BankruptcyONE.com, caused by or arising out of your breach of this Agreement, and/or your use of the BankrupcyeONE.com Application. You agree to reimburse BankruptcyONE.com for any and all such liability.
CUSTOMER SUPPORT
BankruptcyONE.com provides information about how to use the BankruptcyONE.com Application on the Web pages that are part of the Application. If you have any questions about the BankruptcyONE.com Application or any problems that you would like to report, please contact us or see our help section.
TERMINATION AND RESTRICTION OF ACCESS
You acknowledge that BankruptcyONE.com reserves the right, in its sole discretion, to terminate your access to the BankruptcyONE.com Application or any portion thereof at any time, without notice.
You also acknowledge that BankruptcyONE.com may also log off, terminate or suspend your access to the BankruptcyONE.com Application for inactivity, which is defined as failing to sign in to the BankruptcyONE.com Application for an extended period of time (as determined by BankruptcyONE.com), idleness while logged in to the BankruptcyONE.com Application for an extended period of time (as determined by BankruptcyONE.com), or failure of a debtor to have their case assigned to an attorney within 60 days from creation of an account. Upon termination of your BankruptcyONE.com account, your right to use the BankruptcyONE.com Application immediately ceases.
NO AGENCY
You agree that no joint venture, partnership, employment, agency, employee-employer or franchiser-franchisee relationship is intended, created by or exists between you and Ruchan Technologies, Inc./BankrputcyONE.com as a result of these Terms of Service or use of the BankruptcyONE.com Application.
GENERAL
These Terms of Service, including the documents expressly incorporated by reference above, constitute the entire agreement between you and Ruchan Technologies, Inc./BankruptcyONE.com with respect to the BankruptcyONE.com Site and Application and such agreements supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Ruchan Technologies, Inc./BankruptcyONE.com and governs your use of the BankruptcyONE.com Site and Application. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other BankruptcyONE.com services, affiliate services, third-party content or third-party software.
These Terms of Service and the relationship between you and BankruptcyONE.com shall be governed by the laws of the State of Texas. You hereby irrevocably consent to the personal and exclusive jurisdiction and venue of the courts located within Harris County, Texas in all disputes arising out of or relating to the use of the BankruptcyONE.com Site and Application. All claims you bring against BankruptcyONE.com must be resolved in accordance with this Terms of Service Agreement. All claims filed or brought contrary to this Terms of Service Agreement shall be considered improperly filed and a breach of this Agreement. Should you file a claim contrary to this Terms of Service Agreement, BankruptcyONE.com may recover attorneys' fees and costs (including in-house attorneys and paralegals) up to $10,000.00 USD, provided that BankruptcyONE.com has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
BankruptcyONE.com may assign these Terms of Service, in whole or in part, at any time. BankruptcyONE.com's performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms of Service is in derogation of BankruptcyONE.com's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the BankruptcyONE.com Site and Application or information provided to or gathered by BankruptcyONE.com with respect to such use. You agree to indemnify and hold Ruchan Technologies Inc./BankruptcyONE.com, its parents, officers, directors, affiliates, agents, partners, subsidiaries, joint ventures, licensors and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the BankruptcyONE.com Application. A printed version of these Terms of Service and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Terms of Service Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If any part of these Terms of Service are 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 these Terms of Service shall continue in effect.
You agree that your BankruptcyONE.com account is non-transferable and any rights to your BankruptcyONE.com Username and Password or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the BankruptcyONE.com Site or Application or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles of the Terms of Service Agreement are for convenience only and have no legal or contractual effect.
INTELLECTUAL PROPERTY NOTICES
All contents of the BankruptcyONE.com Web Site are: Copyright © 2005 by the Ruchan Technologies, Inc. and/or its suppliers, c/o Registered Agent, Ruchan Technologies, Inc., 1800 West Loop South, Suite 840, Houston, Texas 77027. All rights reserved
"BankruptcyONE.com," "BankruptcyONE" and all related logos, products and services described in our website are either trademarks or registered trademarks of Ruchan Technologies, Inc. You may not copy, imitate or use them without Ruchan Technologies, Inc.'s prior written consent. Ruchan Technologies, Inc. may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in the BankruptcyONE.com Site and Application, including the Web pages that are part of the BankruptcyONE.com Site and Application. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of BankruptcyONE.com. You may not copy, imitate, or use them without our prior written consent. Except as expressly provided in these Terms of Service, the provision of the BankruptcyONE.com Site and Application and the furnishing of such Web pages to you, does not give you any license to these patents, trademarks, copyrights, or other intellectual property. Any rights not expressly granted herein are reserved.
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