Terms of Service
September 1, 2014
Please read this agreement ("Agreement") carefully.
This Terms of Use Agreement governs your use of BankruptcyObserver.com ("We" or "Us"), and, unless other terms and conditions expressly govern, any other electronic services from may be made available from time to time (each, a "Service") by the Us or our parent, TexHost, LLC.
If you agree to be bound by the terms of this Agreement, you should click "YES" button on the subscription form. If you do not agree to be bound by the terms of this Agreement, you should click "NO." If you click "NO," you will not be able to proceed with the registration process for the respective service and become a subscriber. To the extent you have access to, or are using, a Service without having completed our registration process and clicked "YES" on the subscription form, you are hereby notified that your continued use of a Service is subject to many of the terms and conditions of this Agreement as explained in Section 5 below.
Changes to Terms of Use Agreement. We may change the terms of this Agreement at any time by notifying you of the change in writing or electronically. The changes also will appear in this document, which you can access at any time by going to the Help section of a Service. You signify that you agree to be bound by such changes by using a Service after changes are made to this Agreement.
Limitations on who may be a member. Registration and subscription is limited to people older than 13 years of age. Computer "bots" are not allowed.
Usage Tracking and Privacy. For various purposes, we do collect information about you and what you view using our Service. Our use of that information is described in our Privacy Policy. By registering and using these Services, you accept this policy. Additionally, access to the site requires a password. You agree to be solely responsible for maintaining the confidentiality of that password. If you provide someone else with access to your password to a Service, they will have the ability to view information about your account and make changes through the website for the Service. You agree to notify us promptly if you change your address or email so we can continue to contact you and send any notices required hereunder. If you fail to notify us promptly of a change, then any notice we send to your old address or email shall be deemed sufficient notice.
Fees and Payments. All registrations require that you provide a valid credit card that belongs to you. All subscriptions are billed at the beginning of the subscription period for the entire period and are not refundable. Other service fees are accumulated and billed at the end of a billing period. The fees are exclusive of all taxes, levies, or duties imposed by taxing authorities which shall be your responsibility. Payments for subscriptions are made in advance of the service month and is deemed fully earned when paid. We will not prorate subscriptions if they are cancelled during the middle of a period.
You agree to pay the subscription fees and any other charges incurred in connection with your user name and password for the Service (including any applicable taxes) at the rates in effect when the charges were incurred. If your subscription includes access to areas containing premium content or services, your access to such areas may be subject to additional fees, terms and conditions, which will be separately disclosed in such areas. We will bill all charges automatically to your credit card. Subscription fees will be billed at the beginning of your subscription or any renewal. Unless we state in writing otherwise, all fees and charges are non refundable. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. If you want to use a different credit card or there is a change in credit card validity or expiration date, or if you believe someone has accessed a Service using your user name and password without your authorization, you must follow the procedures outlined in the Help section. You are responsible for any fees or charges incurred to access a Service through an Internet access provider or other third-party service.
Automatic Renewal. IF you chose to subscribe, your subscription will automatically renew each period until we terminate it or until you notify us that you intend to terminate it.
Termination. We reserve the right to terminate your access to the Service if we determine that you have violated this Agreement. You may instruct us to terminate a subscription at any time by using the Account Maintenance form. Any termination shall be effective as of the end of the next business day. Any fees collected shall be retained by us and shall not be pro-rated. You also agree to pay for any fees that have been accumulated and not yet charged to your account.
Limitations on Use. Only one individual may access a Service at the same time using the same user name. You may not impersonate another user. All the text, images, graphics, look and feel, and all other protectable intellectual property available through the Service (the "Content") is our property or that of our advertisers and is protected by copyright or other applicable laws. You may not, without prior written consent, use, distribute, retransmit, or otherwise provide access to the Content.
Scrapping. You agree not to use any automated process to access the Service.
Malicious Activities. You agree not to upload, post, host, or transmit any spam, viruses, or worms, or to submit any search queries with the intent of maliciously modifying the database.
Third Parties. We will be presenting advertising from third parties on the Service. You agree that we are not responsible for that information or any links to other web sites. In addition, we provide forums from user generated content. You agree that we are not responsible for the accurateness or propriety of that information.
Disclaimers and Indemnity. You agree that your access to, and use of, the Service and the Content is on an "as-is" and "as-available" basis. That is, we provide no assurance about the content shown and we provide it only as we can with no guarantee that it will be continually and always available (i.e 24/7). We are collecting information from other sources, which we did not necessarily generate. We specifically disclaim any representation or warranties, expressed or implied, about the information that is being provided. You agree that we, our parent company or subsidiaries, our employees, directors, officers, and agents will not be liable to you or any other person as a result of your use of this information for indirect, consequential, special, incidental, punitive, or exemplary damages, including, without limitation, lost profits, lost savings and lost revenues (collectively, the "excluded damages"), whether or not characterized in negligence, tort, contract, or other theory of liability, even if any of the our parties have been advised of the possibility of or could have foreseen any of the excluded damages, and irrespective of any failure of an essential purpose of a limited remedy. If any applicable authority holds any portion of this section to be unenforceable, then the our liability will be limited to the fullest possible extent permitted by applicable law.
General. This agreement shall constitute the entire agreement between the parties. It is not assignable and no third party shall be the beneficiary. This agreement shall be governed and construed by the laws of the state of Nevada, United States America, without regard to any conflict or choice of law principals.
User Generated Content (Tags, Comments, etc.) We have built several features to allow for user input, including comments, tags, feedback, and other items that may be added from time to time. We provide methods to report anything that should not be there. We do not monitor everything the users input. We reserve the right to remove, without notice of any kind, anything that we find objectionable or inappropriate. The standard will be our own judgment. You agree and acknowledge that We are not liable for anything added by a user or anything resulting from our removing anything including, but not limited to, things that inappropriate, malicious, incorrect, or improper.
Questions. We welcome your questions and comments. Please submit them using the user feedback forms.
Privacy
September 1, 2014
We maintain a variety of information about our users, including the information required for registration and information about how the services we provide are being used.
We accumulate this information through various technologies, including setting cookies and logging which cases and documents each user views and their IP.
We maintain this information primarily to improve the user experience and website content. We also aggregate this information and publish various statistics such as "most viewed cases" and other items that we believe are interesting. This aggregate information may also be used attract advertisers. We do not presently, but reserve the right to, sell aggregate user information to third parties.
We do not sell or convey any specific information about an individual user except if it is necessary to do so in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Terms of Service, or as otherwise required by law.
This privacy policy may change from time to time.