Web Site Access Agreement Template - Middle District Of Florida - Jacksonville Division Page 2
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3IV.
TERMINATION - This Agreement shall continue until terminated. Either party may terminate this
Agreement at any time without cause and without notice. Accounts not accessed for 12 consecutive months will be
terminated.
V.
INDEMNIFICATION - User hereby agrees to indemnify the Trustee and to hold Trustee harmless from
any claims, demands, or costs of any kind arising out of or relating to any act or failure regarding User's access to
NDC.
VI.
ASSIGNMENT OR SUBCONTRACT - This Agreement shall not be assigned, nor shall any use or access
provided under this Agreement be subcontracted, co-opted, or allowed to any other person without the written consent
of the Trustee.
VII.
DISCLAIMERS ANDLIMITATIONS OFLIABILITY:
1.
No Warranties - The Trustee hereby disclaims any expressed or implied warranties of NDC and the
Chapter 13 Data, and User hereby expressly assumes all risk related to the use and access of NDC provided under this
Agreement.
2.
No Representations Concerning Accuracy or Completeness Of Records - The Trustee hereby
expressly disclaims any representation or assurance concerning the accuracy, completeness or substantive nature
of the Chapter 13 Data on NDC. User hereby acknowledges this disclaimer and waives any claim or reliance upon
such representations or assurances.
3.
No Liability for Errors Or Failures - The Trustee shall not be liable in any manner under this
Agreement for any error, inaccuracy, or incomplete information contained in the Chapter 13 Data posted on NDC.
User hereby expressly releases the Trustee from any claim, demand, or suit arising from or as a result of any such
error, inaccuracy, or incomplete information. Further, the Trustee shall not be liable in any manner under this
Agreement for any failure, malfunction, or other delay, inconvenience, or inability of the Internet or NDC. User hereby
expressly releases the Trustee from any claim, demand, or suit arising from or as a result of any such failure,
malfunction, or other delay.
4.
No Warranty As To The Chapter 13 Data - The Chapter 13 Data on NDC is as current as possible
depending on the work flow, holidays, weekends, and any other factors that may delay the posting of Chapter 13
Data on NDC.
A. Payoff balances are only approximated due to many conditions including recent receipts or
disbursements, changes to allowed claims, court orders, or accruing interest. Exact payoff amounts
can only be obtained by the debtor through a specific written request to the Trustee.
B. Delinquency calculations for the Trustee's cases on NDC are unreliable until the Court enters a
Confirmation Order in the case, and User shall not rely on such information for any purpose.
5.
Admissibility as Evidence - The Trustee makes no representation that the Chapter 13 Data
on NDC will be admissible in court under the hearsay exception of Rule 803 of the Federal Rules of Evidence.
6.
Login ID And Password - User shall forward an original of this completed, signed and dated
Agreement to the attention of Pat Gribble, Systems Manager for the Trustee, at the address set forth below. Upon
receipt, the Trustee will review the Agreement and, if appropriate, promptly execute the Agreement and send User
a copy of the signature page containing User's assigned Login ID and Password (see last page).
VIII.
ENTIRE AGREEMENT - This Agreement, together with any rules or procedures accepted by User on
the NDC web site, shall constitute the entire agreement between the parties, and User hereby expressly acknowledges
that it is not relying upon any other representations or agreements not expressed in writing as a part of this Agreement.
This Agreement may not be amended or modified, except in a writing that is signed by all parties. Please complete
and return this page to us. We cannot set you up for internet access without this information. Only one User ID will
be issued per office. It is advisable that you keep your password confidential.
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