AGREEMENT BETWEEN USER AND Ypside
The Ypside Web Site is comprised of various Web
pages operated by Ypside.
The Ypside Web Site is
offered to you conditioned on your acceptance without modification of the
terms, conditions, and notices contained herein. Your use of the
Ypside Web Site constitutes your agreement to all such terms,
conditions, and notices.
Ypside reserves the right to change the terms, conditions, and notices under which the Ypside Web Site is offered, including but not limited to the charges associated with the use of the Ypside Web Site In regards to the Ypside Debtor Education Course, hosted on this site. The debtor student is asked to contribute a course fee of $15. The debtor student must provide Bankruptcy Case Number and Judicial District during course registration. All Ypside instructors are certified credit counselors. The online course is available to debtor students at any time via Internet access. Ypside does not pay or receive fees or other consideration for the referral of debtor students to Ypside. Any forms, agreements, contracts or other materials provided to a debtor student will not limit the debtor student’s ability to bring an action or claim under the provision of the United States Bankruptcy Code, 11 U.S.C. § 101 et seq. The course is provided to debtor students without regard to the student’s ability to pay the stated fee. Once the certification process has been completed, Ypside Inc. will email, send via facsimile, or send via USPS a copy of the certificate to the debtor or debtor and spouse as indicated during the registration process. Return, Refund, and Cancellation Policy: Ypside does not allow returns, refunds, or cancellations. Delivery / Shipping Policy: Ypside's personal financial management course is delivered online. No items are shipped or delivered.
Ypside.com Attorney Agreement 1. Ypside Inc. Ypside Inc. d/b/a Ypside.com offers pre-discharge debtor education (the personal financial management course required under the 2005 BAPCPA code revisions). Clients who sign up with Ypside.com may use their login credentials and have access to relevant course materials and information for one year. Likewise, Subscribing Attorneys will have access to their client information from within an Subscribing Attorney Account. This Agreement is by, between, and among you, the Subscribing Attorney, and Ypside Inc. 2. Registration Procedure During registration with Ypside.com as a Subscribing Attorney, you will choose an Access Code that will be recognized when your clients sign up for debtor education. Your clients will use this code to associate their accounts with your Attorney Account, allowing us to deliver their certificates directly to you. Your billing options are Bill Me Weekly, or, My Clients Will Pay. 3. Certification Procedure When a client requests to begin a new session using your Access Code, that client will be prompted to enter his or her name, and to create a unique user name and password. If a client uses your Access Code, and you have chosen the Bill Me Weekly payment option, your client will not be asked to provide payment to Ypside.com, but your credit card on file will be charged the Flat Fee of $15 for that session. Sessions for your clients will be billed to your credit card once a week. Once the client has successfully completed the course, the client's Certificate will be emailed to you. If you have selected My Clients Will Pay, then your clients will be required to enter their own payment information when registering for the course, and you will not be charged for your client's certificates. Joint married clients share one account with a single user name and password. Joint married clients will register both of their names when creating their account. Ypside.com charges a flat fee of $15 whether an individual client takes the course, or whether joint married clients take the course. 4. Use of Access Code by Clients By providing your client(s) with your Access Code, you are specifically agreeing and acknowledging that: (a) If you have selected the Bill Me Weekly payment option, then you have collected the debtor education fee from each client to whom you have provided your Access Code; (b) You have a written agreement with the client authorizing you to represent that client, and, you have established a file for the client which states, at a minimum, the client's name and address. You hereby represent that you have the authority to pay Ypside Inc. the Flat Fee on the client's behalf, and to authorize Ypside Inc. to share with you all information collected and/or generated regarding the client's session on the Ypside.com system, and to authorize Ypside.com to send the client's Certificate directly to you at the email address that you have designated for that purpose. 5. Flat Fee The debtor education fee is $15. Ypside Inc. reserves the right to change the amount of the Flat Fee with reasonable prior notice. 6. Care of Access Code by Subscribing Attorneys Subscribing Attorneys agree to protect their Access Codes, and to take all reasonable and prudent steps to ensure that their Access Codes will not be shared with or used by unauthorized users. Subscribing Attorneys agree to regularly review the Certificates which are emailed to the email address designated for the purpose, in order to confirm that only authorized clients have made use of the Access Code to obtain debtor education from Ypside.com. Subscribing Attorneys agree to report immediately to Ypside Inc. any unauthorized use of their Access Codes, as evidenced by the receipt of Certificates generated on behalf of unauthorized clients. 7. Termination Ypside Inc. reserves the right to terminate Subscribing Attorney's account and disable the Access Code if Subscribing Attorney fails to abide by any of the terms and conditions set forth in this Service Agreement or the Terms of Service.
LINKS TO THIRD PARTY SITES
The Ypside Web Site may
contain links to other Web Sites ("Linked Sites"). The Linked Sites are not
under the control of Ypside and Ypside is not responsible
for the contents of any Linked Site, including without limitation any link
contained in a Linked Site, or any changes or updates to a Linked Site.
Ypside is not responsible for webcasting or any other form of
transmission received from any Linked Site. Ypside is providing
these links to you only as a convenience, and the inclusion of any link does
not imply endorsement by Ypside of the site or any association with
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the
Ypside Web Site, you warrant to Ypside that you will not
use the Ypside Web Site for any purpose that is unlawful or
prohibited by these terms, conditions, and notices. You may not use the
Ypside Web Site in any manner which could damage, disable,
overburden, or impair the Ypside Web Site or interfere with any
other party's use and enjoyment of the Ypside Web Site. You may not
obtain or attempt to obtain any materials or information through any means not
intentionally made available or provided for through the Ypside Web
USE OF COMMUNICATION SERVICES
The Ypside Web Site may
contain bulletin board services, chat areas, news groups, forums, communities,
personal web pages, calendars, and/or other message or communication facilities
designed to enable you to communicate with the public at large or with a group
(collectively, "Communication Services"), you agree to use the Communication
Services only to post, send and receive messages and material that are proper
and related to the particular Communication Service. By way of example, and not
as a limitation, you agree that when using a Communication Service, you will
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent or unlawful topic, name, material or
Upload files that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you own or control
the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of another's computer.
Advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or
proprietary designations or labels of the origin or source of software or other
material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication
Violate any code of conduct or other guidelines which may be applicable for any
particular Communication Service.
Harvest or otherwise collect information about others, including e-mail
addresses, without their consent.
Violate any applicable laws or regulations.
Ypside has no obligation to monitor the Communication Services.
However, Ypside reserves the right to review materials posted to a
Communication Service and to remove any materials in its sole discretion.
Ypside reserves the right to terminate your access to any or all of
the Communication Services at any time without notice for any reason
Ypside reserves the right at all times to disclose any
information as necessary to satisfy any applicable law, regulation, legal
process or governmental request, or to edit, refuse to post or to remove any
information or materials, in whole or in part, in Ypside's sole
Always use caution when giving out any personally identifying
information about yourself or your children in any Communication Service.
Ypside does not control or endorse the content, messages or
information found in any Communication Service and, therefore,
Ypside specifically disclaims any liability with regard to the
Communication Services and any actions resulting from your participation in any
Communication Service. Managers and hosts are not authorized Ypside
spokespersons, and their views do not necessarily reflect those of
Materials uploaded to a Communication Service may be subject
to posted limitations on usage, reproduction and/or dissemination. You are
responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO Ypside OR POSTED AT ANY Ypside WEB
Ypside does not claim ownership of the materials you provide to
Ypside (including feedback and suggestions) or post, upload, input
or submit to any Ypside Web Site or its associated services
(collectively "Submissions"). However, by posting, uploading, inputting,
providing or submitting your Submission you are granting Ypside, its
affiliated companies and necessary sublicensees permission to use your
Submission in connection with the operation of their Internet businesses
including, without limitation, the rights to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate and reformat
your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as
provided herein. Ypside is under no obligation to post or use any
Submission you may provide and may remove any Submission at any time in
Ypside's sole discretion.
By posting, uploading, inputting,
providing or submitting your Submission you warrant and represent that you own
or otherwise control all of the rights to your Submission as described in this
section including, without limitation, all the rights necessary for you to
provide, post, upload, input or submit the Submissions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Ypside WEB SITE
MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY
ADDED TO THE INFORMATION HEREIN. Ypside AND/OR ITS SUPPLIERS MAY
MAKE IMPROVEMENTS AND/OR CHANGES IN THE Ypside WEB SITE AT ANY
TIME. ADVICE RECEIVED VIA THE Ypside WEB SITE SHOULD NOT BE RELIED
UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT
AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Ypside AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE
Ypside WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.
Ypside AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
Ypside AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE
Ypside WEB SITE, WITH THE DELAY OR INABILITY TO USE THE
Ypside WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO
PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS OBTAINED THROUGH THE Ypside WEB SITE, OR OTHERWISE
ARISING OUT OF THE USE OF THE Ypside WEB SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
Ypside OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY
OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Ypside WEB SITE.
SERVICE CONTACT : Support@Ypside.com
Ypside reserves the right, in its sole discretion, to terminate your
access to the Ypside Web Site and the related services or
any portion thereof at any time, without notice. GENERAL To the maximum extent
permitted by law, this agreement is governed by the laws of the State of Michigan, U.S.A. and you hereby consent to the exclusive jurisdiction and
venue of courts in Washtenaw County, Michigan, U.S.A. in all disputes arising out
of or relating to the use of the Ypside Web Site. Use of the
Ypside Web Site is unauthorized in any jurisdiction that does not
give effect to all provisions of these terms and conditions, including without
limitation this paragraph. You agree that no joint venture, partnership,
employment, or agency relationship exists between you and Ypside as
a result of this agreement or use of the Ypside Web Site.
Ypside's performance of this agreement is subject to existing laws
and legal process, and nothing contained in this agreement is in derogation of
Ypside's right to comply with governmental, court and law
enforcement requests or requirements relating to your use of the
Ypside Web Site or information provided to or gathered by
Ypside with respect to such use. If any part of this agreement is
determined to be invalid or unenforceable pursuant to applicable law including,
but not limited to, the warranty disclaimers and liability limitations set
forth above, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely matches the
intent of the original provision and the remainder of the agreement shall
continue in effect. Unless otherwise specified herein, this agreement
constitutes the entire agreement between the user and Ypside with
respect to the Ypside Web Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or
written, between the user and Ypside with respect to the
Ypside Web Site. A printed version of this agreement and of any
notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this agreement to the same
extent an d subject to the same conditions as other business documents and
records originally generated and maintained in printed form. It is the express
wish to the parties that this agreement and all related documents be drawn up
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Ypside Web Site are:
Copyright 2010 by Ypside, Inc. and/or its suppliers. All rights reserved.
The names of actual companies and products mentioned
herein may be the trademarks of their respective owners.
The example companies,
organizations, products, people and events depicted herein are fictitious. No
association with any real company, organization, product, person, or event is
intended or should be inferred.
Any rights not expressly granted herein are
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of
claimed copyright infringement under United States copyright law should be sent
to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE
FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for
Making Claims of Copyright Infringement.