Terms and Conditions of Use Statement
Terms of Use
IMPORTANT! PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. By using or accessing the ePOC system web site and any pages thereof (collectively, the "Site") you:
- Acknowledge that you have read the following Terms of Use;
- Agree to these Terms of Use and to any rules and policies we publish on the Site; and
- Certify that you are at least 18 years of age, and that, if you are acting on behalf of another person, you are authorized to do so, including to contractually bind the person.
"Claim" is defined in 11 U.S.C. § 101(5) which generally provides that a claim is a (a) right to payment, whether or not such right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured; or (b) right to an equitable remedy for breach of performance if such breach gives rise to a right to payment, whether or not such right to an equitable remedy is reduced to judgment, fixed, contingent, matured, unmatured, disputed, undisputed, secured, or unsecured.
"Using" the Site also means transmitting information or software to, or obtaining information from, the Site or from other users of the Site.
"You" means any creditor, authorized person, or any other person who views, accesses, uses, or obtains information from the Site.
We may periodically change the Site and the Terms of Use without notice to you. Any such change will be effective immediately upon posting. Each time you use the Site, you agree to the then-current Terms of Use. IF YOU DO NOT AGREE TO THE TERMS OF USE, YOU MUST NOT USE THE SITE. Any use of the Site is at the sole risk of the user.
Legal Name and Address
"We", "us" and "our" means Kurtzman Carson Consultants, LLC and its affiliates, agents, directors, officers and/or employees.
Proprietary Materials
The content and operation of the Site is protected by U.S. and international copyright and other intellectual property laws. The Site is supported by software and hardware systems, and contains copyrighted material, trademarks, service marks, patents, and other proprietary rights and information, including text, data, images, and "look and feel"; all graphical and navigational elements; and the compilation, arrangement, structure, and sequence of all components and content (collectively "Proprietary Materials"). The posting of information or other content on the Site does not constitute a waiver or a transfer of any of our rights in the Proprietary Materials, except as expressly permitted by us.
Use of the Network
We grant you a non-transferable, non-exclusive, limited license to access, view, and use the Site, Proprietary Materials, and related intellectual property rights (collectively, the "Network") and to incidentally create an electronic copy solely for personal and non-commercial purposes. You may use the Network only for lawful purposes. The Network is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where any such distribution or use would be contrary to local law or regulation. We reserve all rights not expressly stated in these Terms of Use. We disclaim any and all implied licenses.
WE ARE NOT IN THE BUSINESS OF PROVIDING PROFESSIONAL ADVICE WITH RESPECT TO THIS WEBSITE SERVICE AND THIS WEBSITE SERVICE SHOULD NOT BE RELIED ON AS A SUBSTITUTE FOR FINANCIAL, LEGAL OR OTHER PROFESSIONAL ADVICE.
Without limiting the foregoing, you agree not to:
- reverse engineer, decompile, reverse compile, translate, adapt, or disassemble the Network, or any part of it;
- copy the Network, or any part of it;
- publish, transmit, display, modify, store, participate in the transfer or sale of, create derivative works, or in any way exploit the content of the Network, or any part of it, except for your individual and non-commercial purposes;
- assign, sublicense, convey, transfer, pledge as security, or otherwise encumber the rights and licenses granted under these Terms of Use;
- use the Network in any fashion that may infringe any of our, our third party providers', or any other third party's patent, copyright, trademark, trade secret, or other intellectual property or proprietary rights;
- access the Network by any means other than through the interface that we provide to you for use in accessing the Network;
- "deep-link" to the Site or any Site content, meaning that you will not create, post, display, publish, or distribute any link to any page of the Site, for any purpose whatsoever, unless we specifically authorize it in writing;
- initiate any communication, routine, software, or device that adversely affects the operation of the Site;
- use the Network or any other means to disrupt or interfere with the hardware or software operating Network;
- place any communication or software, such as cookies, spyware, robots, or viruses, on the Site;
- obtain account or personal information relating to the Site or customers that you are not authorized to obtain;
- submit any information that violates your representations in "Submission of Information" below; or
- take any other action that would constitute a violation under "Security Violations."
Any other use of the Network, other than as expressly permitted by the Site or these Terms of Use, without our prior written consent, which we may withhold in our sole and absolute discretion, is strictly prohibited.
Login Name and Password
You must have valid account identification, including a login name and password, to use certain pages of the Site. You are responsible for maintaining the confidentiality and security of your login name and password. You are responsible for all uses of your login name and password, including, but not limited to, conducting any transactions facilitated through the use of your login name and password, whether or not authorized by you. If you permit any person to use your login name and password, you may be liable for transactions made by that person, including transactions for which you may not have intended to be liable. You agree to immediately notify us of any breach of security, including, without limitation, unauthorized use of your login name or password. You agree to exit immediately ("log off") from your account at the end of each session.
Submission of Claims and Information
FILING A FRAUDULENT CLAIM IS PUNISHABLE BY A FINE UP TO $500,000 AND/OR IMPRISONMENT FOR UP TO 5 YEARS (18 U.S.C. §§ 152 AND 3571).
Claim Data filed electronically are subject to the same conditions and restrictions as paper based proofs of claim filed with a Bankruptcy Court and are subject to court orders, rules, procedures and applicable law relating to the bankruptcy case in which Claims Data are filed. WE CANNOT PROVIDE ANY LEGAL ADVICE REGARDING CLAIM DATA OR ON ANY OTHER TOPIC. IF YOU REQUIRE ADVICE REGARDING YOUR RIGHTS OR ANY BANKRUPTCY CASE YOU SHOULD SEEK LEGAL COUNSEL FROM A LICENSED ATTORNEY. USERS OF THIS SITE SHOULD NOT TAKE OR REFRAIN FROM TAKING ANY ACTION BASED UPON CONTENT INCLUDED IN THE SITE WITHOUT SEEKING LEGAL COUNSEL ON THE PARTICULAR FACTS AND CIRCUMSTANCES AT ISSUE FROM A LICENSED ATTORNEY.
IMPORTANT NOTICE OF REDACTION RESPONSIBILITY: All filers must redact: Social Security or taxpayer-identification numbers; dates of birth; names of minor children; and financial account numbers, in compliance with Fed. R. Bankr. P. 9037. This requirement applies to all documents and information, including attachments.
Claims and creditor information (“Claim Data”) must be submitted by a human being and not a script, program, or other method that may be construed as a "bot." Claim Data must be submitted by the creditor or someone authorized to submit on behalf of the creditor. Claim Data must be correct to the best of the creditor's/submitter's knowledge. Filing Claim Data via the ePOC grants no guarantee of payment.
You represent and warrant that Claim Data:
- shall be true, accurate, and complete;
- shall not violate the rights of any third party, including, but not limited to, other proprietary and/or intellectual property rights, or rights of publicity or privacy;
- shall not violate any law;
- shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, or expropriate any system or information; and
- shall not create liability for us or interfere with the operation of the Site.
You also agree to maintain and promptly update your submitted information as needed.
Security Violations
You shall not violate or attempt to violate the security of the Network. Without limiting the foregoing, you shall not, with regard to the Network:
- access or obtain data, information, or materials that you are not authorized to obtain or access;
- log into a server or account that you are not authorized to access;
- attempt to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures; or
- interfere with, or attempt to interfere with, service to any user, host or network, including, without limitation, by means of submitting a virus to the Site, or by overloading, hacking, spamming, "gatoring," "flooding," "mailbombing," or "crashing" the Site.
The above prohibitions and your use of any "spyware," or tools, programs, robotic algorithms, or products to automatically download or "spider" the Site, or any pages in the Site, infringe Proprietary Materials and is expressly prohibited.
Violations of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in violations.
Indemnification By User
You agree to defend, indemnify and hold harmless Kurtzman Carson Consultants, LLC and its parent, subsidiaries, affiliates, agents, and their respective members, shareholders, officers, directors, employees and agents (the "Parties") from and against any claims and expenses, including attorneys' fees, arising out of or relating to:
- your use of (or inability to use) the Network;
- your breach or infringement of any of these Terms of Use; or
- any use by the Parties of your submitted information.
Links to Other Web Sites
The Site may contain links to other web sites controlled or offered by us or third parties ("Linked Sites"). Our inclusion of a link to a Linked Site does not imply approval or endorsement of the Linked Site or any information, products or services offered on the Linked Site. We are not responsible for the content, accuracy, reliability, or opinions expressed in the Linked Sites. Unless otherwise expressly provided, we have not investigated or monitored the Linked Sites for accuracy or completeness. The Linked Sites may have different privacy policies and security standards from the Site.
Disclaimer of Warranties and Limitation of Liability
YOU EXPRESSLY AGREE THAT YOUR ACCESS TO AND USE OF THE NETWORK IS AT YOUR SOLE RISK.
ALL INFORMATION AND SERVICES OBTAINED FROM THE NETWORK OR FROM A LINKED SITE ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND ANY THIRD-PARTY PROVIDERS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, DATA, ACCURACY, MERCHANTABILITY, SYSTEM INTEGRATION, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE NETWORK OR ANY LINKED SITE:
- WILL MEET YOUR SPECIFIC NEEDS OR REQUIREMENTS;
- WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
- WILL PROVIDE RESULTS THAT WILL BE ACCURATE OR COMPLETE;
- WILL MEET YOUR EXPECTATIONS ABOUT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH SUCH SITES; OR
- THAT WE WILL CORRECT ANY ERRORS CONTAINED THEREIN.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY YOU THROUGH THE USE OF THE NETWORK OR LINKED SITE IS DONE AT YOUR SOLE DISCRETION AND RISK. WE SHALL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH MATERIAL.
WE SHALL NOT BE LIABLE FOR ANY DAMAGES OR INJURY TO ANY PERSON CAUSED BY ERRORS, OMISSSIONS, INTERRUPTIONS, FAILURE OF PERFORMANCE, DOWN-TIME OR UNAVAILABLITY OF THE SITE, SECURITY VIOLATIONS, VIRUSES, LOSS OR ALTERATION OF TRANSMISSIONS, ILLEGAL CONDUCT OF OTHER USERS AND THIRD PARTIES, OR UNAUTHORIZED ACCESS TO OR THEFT OR DESTRUCTION OF YOUR ACCOUNT OR SUBMITTED INFORMATION.
WE ARE NOT LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, DIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES LOSSES, COSTS OR EXPENSES OF ANY KIND, HOWEVER CAUSED AND WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, COSTS OF DELAY, COSTS OF PROCUREMENT OF SUBSTITUTE TECHNOLOGY, COST OF CAPITAL, LOSS OF GOODWILL, ANY FAILURE OF DELIVERY, BUSINESS INTERRUPTION, COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, COSTS, OR EXPENSES.
SOME OR ALL OF THE DISCLAIMERS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU, BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW DISCLAIMERS OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
Termination
You agree that we, at our sole discretion, may temporarily or permanently terminate, suspend, or modify your access to and use of the Network (or any part of it) at any time and for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with these Terms of Use. YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR TERMINATING, SUSPENDING, OR MODIFYING YOUR USE OF OR ACCESS TO THE NETWORK.
General
These Terms of Use shall be governed by and construed in accordance with the laws of the United States of America and the State of California without regard to conflict of law principles. You agree that all legal proceedings arising under or related to Terms of Use shall be adjudicated solely in the courts of Los Angeles, California. You consent to extraterritorial service of process and submit to the jurisdiction of these courts. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Network not covered by another agreement with us must be filed or otherwise commenced by you within one (1) year after such claim or cause of action arose, or be forever barred.
To the extent that any part of these Terms of Use are determined to be invalid or unenforceable by a court of competent jurisdiction, that part shall be modified by the court solely to the extent necessary to cause that part to be enforceable, and the remainder of these Terms of Use shall remain in full force and effect. Any waiver by us of any right or provision contained in these Terms of Use shall not be deemed to be a waiver of any other right or provision of these Terms of Use. The section headings are for convenience only and have no legal or contractual effect. Your rights under these Terms of Use shall not be assigned by you without our prior written consent at our sole discretion.
The Terms of Use were last updated June, 2010. Please check back periodically for updates and changes.
Privacy Policy/Statement
Privacy Statement
Kurtzman Carson Consultants LLC ("KCC") is committed to protecting your privacy and earning your trust. This Privacy Statement describes KCC's privacy practices for the services KCC provides through the ePOC website (the “Site”).
What information do we collect?
We collect information from you when you register on the Site, fill out a form or otherwise submit data or information on the Site.
For example, we may collect information related to claims that you wish to assert in a particular bankruptcy case including personally identifiable information such as your name, address and phone number.
Like most websites, we use cookies and/or web beacons to enhance your experience, gather general visitor information, and track visits to our website. Please refer to the 'Do we use cookies?' section below for information about cookies and how we use them.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
To process claims
Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of filing and documenting your claim information and in connection with KCC’s provision of administrative-support services and solutions to its clients. PLEASE NOTE THAT ANY AND ALL INFORMATION SUBMITTED IN THE CLAIM FILING PROCESS (INCLUDING CLAIM INFORMATION, PERSONAL INFORMATION AND ANY ATTACHED SUPPORTING DOCUMENTS) SHALL BECOME PUBLIC RECORD IN THE BANKRUPTCY CASE IN WHICH SUCH INFORMATION IS FILED AND SHALL BE VIEWABLE UPON REQUEST BY ANY PERSON OR ENTITY.
To improve the Site
We continually strive to improve our website offerings based on the information and feedback we receive through the Site.
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you access your personal information.
We offer the use of a secure server during the claim filing process. All submitted claim information will become publicly available upon filing/submission of the electronic proof of claim.
Do we use cookies?
Yes. “Cookies” are information files which your web browser places on your computer when you visit a website. Cookies and session IDs are used to authenticate a user as he or she navigates various parts of the Site. Cookies and session IDs may also be used to automate data entry functions. For example, cookies may be used to enable a user to move through the Site without having to re-type the user's password. KCC does not obtain personal information via cookies or session IDs, and does not linkany data collected through cookies or session IDs to any personal information.
Do we disclose any information to outside parties?
All information you submit as part of the electronic proof of claim filing process will be made publically available as part of the administration of claims in connection with the bankruptcy case in which you file a claim or claims. In addition, we may also disclose such information in the course of providing administrative-support services and solutions to KCC clients. Other than as provided herein, we do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Third party links
Occasionally, at our discretion, we may include or offer third party websites on the Site. These third party sites have separate and independent privacy policies. We, therefore, have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of the Site and welcome any feedback about these sites.
Online Privacy Policy Only
This online privacy policy applies only to information collected through our website and not to information collected offline. The services provided by a KCC website do not constitute the rendering of legal services, and no attorney-client relationship is formed between KCC and any client, or between KCC and any user, by virtue of such services. The information contained in the Site is not intended to constitute legal advice or to substitute for obtaining appropriate legal advice. This Privacy Statement describes KCC's privacy practices for the Site only. It does not describe, and KCC makes no representations about, the privacy practices of any other parties, including KCC's clients, who may receive personal information from KCC in the course of using KCC's services.
Terms and Conditions
Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website at http://www.kccllc.com/terms-of-use/.
Your Consent
By using the Site, you consent to our Privacy Policy.
Changes to our Privacy Policy
If we decide to change our Privacy Policy, we will update the Privacy Policy modification date below.
This policy was last modified on January 01, 2013