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INFORMATION ACCESS AGREEMENT
In consideration of access to the case data which follows you
(User) agree to be bound by the terms of the following agreement
with William A. Van Meter, Chapter 13 Standing Trustee (Trustee):
RECITALS
A. A Chapter 13 Trustee has duties under the Federal Bankruptcy
Code to furnish information relating to Chapter 13 Bankruptcy
cases administered by his or her office to parties in interest.
B. Trustee has contracted with a third party provider to allow
interested parties to have access, via the internet, to certain
computerized information, records and data (the “Information”)
used by Trustee in processing and administering the Chapter
13 Bankruptcy cases for which he is responsible, and Trustee
desires to afford to interested parties access to the Information
in an effort to expedite the flow of information between Trustee
and interested parties, including Chapter 13 practitioners,
creditors, and debtors.
C. User desires to avail itself of the service offered by Trustee,
upon and subject to the terms, conditions, limitations and disclaimers
hereinafter set forth.
AGREEMENT
Trustee hereby agrees to allow User access to the Information
from time to time upon and subject to the terms, conditions, disclaimers
and limitations set forth below. To induce Trustee to provide
access to the Information, as hereafter provided, User hereby
acknowledges, covenants and agrees as follows:
1. Limited Undertaking of Trustee: The sole undertaking
of Trustee is to use reasonable efforts to make the Information
available to User from time to time for the limited purposes
herein provided for.
2. Limitation on Use of Information: The Information
is furnished by Trustee and shall be used by User, solely for
internal informational purposes and only in connection with
specific Chapter 13 Bankruptcy cases in which User is a party
in interest or an agent or attorney of a party in interest.
Trustee shall have at all times the sole and exclusive right
to custody and control of the Information. User shall not (a)
use, or allow any third party to use, the Information in any
unlawful manner; or (b) use, or allow any third party to use,
the Information in connection with the sale or solicitation
of sale of goods or services to or concerning any debtor, creditor,
attorney or other person or party whose name, address or identity
is first obtained from the Information.
3. Responsibility for Equipment: User shall furnish
and maintain, at its sole cost, expense, and risk of loss, all
equipment, including terminals, personal computers, peripherals,
modems, printers, hardware and software used by it to connect
to or gain access to the Information.
4. Regulation by Trustee: User expressly acknowledges
and agrees that Trustee will at all times exercise control over
the Information and may implement and enforce, without notice,
such rules, regulations, guidelines and restrictions as he sees
fit with respect to the use of and access to the Information
by User, including, but not limited to, the following:
a. Schedules, time limits and timetables governing access
to the Information;
b. Interruption or temporary termination of User’s access
to the Information when and as deemed necessary by Trustee
for purposes of security, systems administration or for any
other purpose;
c. Such other rules, regulations, guidelines and restrictions
as Trustee deems necessary or appropriate for any reason whatsoever.
5. Corruption of the Information: User shall not attempt
to tamper with, corrupt, alter or modify in any respect the
Information or any information, data, instructions, commands
or programs stored or contained in or generated by the systems
on which the Information is contained.
6. Disclosure and Disclaimers: User understands and
acknowledges that the Information:
a. Is comprised of data from Trustee’s computerized
data base that has been transferred to a separate computer
system within, in general, one to two business days of the
close of business on any given business day, and does not,
therefore, represent the most timely or complete information
available to Trustee;
b. Has, in many cases, been provided to Trustee by third
parties and/or has not been audited or verified by Trustee;
c. Does not necessarily reflect all work in process by Trustee
with respect to any particular case;
d. May not reflect the most current information that has
been received by Trustee or filed with the Court.
Accordingly, Trustee assumes no responsibility for the accuracy,
completeness or timeliness of the Information and expressly
DISCLAIMS ANY REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT
TO THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION
AND WARRANTY OF FITNESS OF THE INFORMATION FOR ITS INTENDED
PURPOSE. Trustee expressly and specifically disclaims any responsibility
or liability to User or any third party on account of loss or
damage arising from any error or omission of any kind in the
Information. User, therefore, acknowledges that it should not
rely on the Information without independent verification from
other sources from which it would customarily seek information
were it not available hereunder (such as the Courts’ dockets,
pleadings files, claims registers, etc.).
7. Indemnification: User hereby expressly agrees, notwithstanding
any negligence or alleged negligence on the part of Trustee,
to indemnify and/or hold harmless Trustee, and his agents, servants
and employees from any and all loss, liability, cost or expense
arising out of or related to a breach of this agreement by,
or the use or misuse of the Information or systems on which
the Information is stored or maintained by, User, or any person
gaining access to the Information or said systems by or through
the consent, acquiescence or negligence of User or its agents,
servants, licensees or employees.
8. Admissibility of Information: Trustee makes no representation
or warranty of any kind as to the admissibility of the Information
as evidence in any judicial or administrative proceeding.
9. Termination of Agreement: This agreement constitutes
a limited license to User which is revocable at any time, for
any reason, with or without cause, without notice to User, and
at the sole discretion of Trustee. Notwithstanding the above,
User’s duties and obligations under paragraphs 2 and 7
hereunder shall survive any termination of this agreement whether
by revocation of User’s limited license or otherwise.
10. Entire Agreement: This agreement constitutes the
entire agreement between the parties hereto and supercedes any
prior agreement of any nature between the parties. This agreement
may only be modified by a writing executed by both of the parties
hereto. If any part of this agreement is held by a Court of
competent jurisdiction to be invalid or of no force or effect,
such finding shall not effect the remaining provisions of this
agreement which shall retain their validity and enforceability.
11. No Assignment: This agreement may not be assigned.
12. Choice of Law and Forum Selection: This agreement
shall be governed by and construed in accordance with the laws
of the State of Nevada. Any action or proceeding brought with
respect to this agreement may only be brought in the appropriate
State Court located in Washoe County, Nevada or appropriate Federal
Court located in Washoe County, Nevada.
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