BY accessing, browsing, and using the case data website provided, you agree to be bound by the terms and conditions described below.
IF YOU DO NOT AGREE TO THESE SITE TERMS OR ANY SUBSEQUENT MODIFICATION, do not access, browse or otherwise use this site.
This agreement is made by and between The Semrad Law Firm, LLC, hereinafter referred to as “the Firm” any and all persons accessing data on the client portal provided, whether on their own behalf or on behalf of another person or entity,(hereinafter referred to as "User").
The Firm maintains records and files in computerized form on the client portal website. The Firm permits approved internet access into the client portal website to the User for the purpose of uploading documents as well as viewing and inspecting files for selected information regarding the User’s bankruptcy case.
The User desires internet access into the client portal website in order to upload documents as well as view and inspect these selected files.
THEREFORE, in consideration of the mutual promises and covenants contained in this agreement and the satisfactory performance of all conditions stated herein, the parties agree as follows:
- INTERNET ACCESS TO RECORDS - The User shall be entitled to and the Firm shall provide internet access to the client portal website.
- LIMITATIONS ON ACCESS AND USE - User hereby acknowledges and agrees to the following as to its internet access to the client portal website:
- PURPOSE - Access to the client portal website shall be for the sole purpose of uploading necessary documents as well as viewing and inspecting the selected data and records under the control and custody of the Firm, and User shall neither make nor attempt to make any data entry changes or modifications to any record or data, other than to upload necessary documents.
- USE - Access to the client portal website is provided solely for the use of User in connection with User's participation as a party in interest in the bankruptcy case(s) for which data is viewed (e.g. debtor) or attorney for such a party in interest. User hereby expressly agrees that it will not use nor allow the use of records, data or information obtained through the internet access for the purpose of solicitation or any other use or practice not specifically permitted by this agreement.
- MANNER - The client portal website will be accessed and used by User only in the manner expressly authorized and permitted by the Firm. User agrees that it will neither use nor permit use of the client portal website provided in any manner or for any purpose which is not authorized by the Firm or which is unlawful, or which is likely to cause damage or disrepair to the equipment, software, records or website of the Firm.
- CUSTODY AND CONTROL OF RECORDS - User hereby expressly acknowledges and agrees that the records and data for which access is provided under this Agreement are and shall remain records under the control and custody of the Firm, and access is provided only under the direct supervision of the Firm, pursuant to the terms of this Agreement, and all rules and procedures adopted by the Firm. User further expressly acknowledges and agrees that while accessing, viewing and using the Firm’s selected records, the User shall be under the same duties, responsibilities and obligations as the Firm to protect and carefully keep and preserve the records, subject to the same penalties for any violation of those duties and obligations.
- CONDITIONS FOR USE AND ACCESS - The User shall obtain and supply, at its sole cost, all equipment, including computer, peripherals, modems, software and connections, and shall be responsible for and pay any and all other fees or costs necessary to access the client portal website.
- TERM OF AGREEMENT - This Agreement shall continue until such time as it is terminated pursuant to the provision in the following subsection. Any access by User of the client portal website provided shall constitute agreement by the User to all terms and conditions of this agreement, regardless of whether or not the User has communicated consent with these terms and conditions.
- TERMINATION - This Agreement may be terminated by the Firm at any time, for any reason whatsoever, without notice.
- INDEMNIFICATION - User shall and hereby agrees to indemnify the Firm for, and to hold Firm harmless from any claims, demands, suits, damages or costs, of any kind, arising out of or related to use and access provided under this Agreement, caused or claimed to be caused by any act or failure of User.
- ASSIGNMENT - This Agreement shall not be assigned by User, nor shall any use or access provided under this Agreement be allowed or subcontracted by User to any other firm or legal entity without the express written consent of the Firm. Such consent by the Trustee may be conditioned upon such terms and conditions as the Firm may require.
- DISCLAIMERS AND LIMITATIONS OF LIABILITY - User understands and acknowledges that the information to which access is provided is comprised of data from the Firm’s computerized database that has been made available on an internet website, in general, there may be a delay in entering information onto the Firm database, and the data does not, therefore, represent the most timely or complete information available to the Firm. The information has, in many cases, been provided to the Firm by third parties and/or has not been audited or verified by the Firm's staff, does not necessarily reflect all work in process by the Firm's staff with respect to any particular case, and may not reflect the most current information that has been received by the Firm or filed with the Bankruptcy Court. The data and information cannot be relied upon due to restraints on the Firm, and any elements or factors outside of the Firm's control.
- NO WARRANTIES - The Firm hereby expressly disclaims any express or implied warranties of the software program, computer equipment or computer, and User hereby expressly assumes all risks related to the use and access provided under this Agreement.
- NO REPRESENTATIONS CONCERNING ACCURACY OR COMPLETENESS OF RECORDS - The Firm hereby expressly disclaims any representations or assurances concerning the accuracy, completeness or substantive nature of any data to which access is being provided, and User hereby acknowledges this disclaimer and waives any claim or reliance upon such representations or assurances.
- NO LIABILITY FOR ERRORS OR FAILURES - The Firm shall not be liable in any manner under this Agreement for any error, inaccuracy or incomplete information contained in the records for which access is provided, and User hereby expressly releases the Firm from any claim, demand or suit arising from or as a result of any such error, inaccuracy or incomplete information. The Firm shall not be liable in any manner for any failure, malfunction or other delay, inconvenience, or inability of the computer system, software or equipment, and User hereby expressly releases the Firm from any claim, demand or suit arising or resulting from any such failure, malfunction or other delay.
- ADMISSIBILITY AS EVIDENCE - The Firm makes no representation that the data and information available by accessing the case data website provided will be admissible as evidence in any judicial or administrative proceeding.
- ACCEPTANCE OF ALL SUBSCRIPTION TERMS - By using the client portal website, User represents that it obtained access from The Firm and expressly binds itself to this Agreement and the policies posted on the firm’s website at www.debtstoppers.com. User is responsible for regularly reviewing the website to obtain notice of any changes to the posted policies and shall be bound by those policies should the User continue to use the service seven (7) days after the posting of any changes to the polices. If User does not agree with all of the provisions, terms and conditions contained in this Agreement or online policies, the Firm is unwilling to grant access to the client portal website to the User and user cannot use the client portal website.
- CONTROLLING LAW, JURISDICTION - This Agreement is controlled by and construed under the laws of the State of Illinois, United States of America, notwithstanding any conflicts of law provisions, and the state and federal courts of Illinois shall have exclusive jurisdiction over any claim arising under this Agreement.