Marie-Ann Greenberg
Chapter 13 Standing Trustee
Website Access Agreement
This agreement is made and
entered into by and between Marie-Ann Greenberg, Chapter 13 Standing Trustee
(hereinafter referred to as a TRUSTEE), and
__________________________________(enter name of user and company) (hereinafter
referred to as the USER).
The Trustee is a duly
appointed Chapter 13 Standing Trustee for the District of New Jersey, Newark
Vicinage, vested with the duties as set forth in 11 U.S.C. Section 1302(b),
including the duty to furnish information concerning debtors’, estates and the
administration of these estates. The Trustee maintains records and files in
computerized form. The Trustee permits approved Internet access to the user for
the purpose of viewing and inspecting files of debtors for selected information
regarding receipts and disbursements of funds to those who are a party of
interest to a specified case. Your
creditor number assigned by the Trustee Office restricts access to the records.
The User desires Internet
access to view and inspect these selected files.
THEREFORE, in consideration
of the mutual promises and covenants contained in this agreement and the
satisfactory performance of all conditions stated, the Parties agree that:
1. INTERNET ACCESS TO
RECORDS – The User shall be entitled to and the Trustee shall provide
Internet access to selected records and data maintained by the Trustee.
2. LIMITATIONS ON ACCESS
AND USE – User hereby acknowledges and agrees to
Internet Access.
PURPOSE – Shall be for the sole purpose of
viewing and inspecting the selected data and records under the control and
custody of the Trustee, and User shall neither make nor attempt to make any
data entry changes or modification to any record or data.
USE - Is provided solely for the use of
User in User’s business, with respect to debts owed or claims payable to User
on specific cases. User hereby expressly agrees that it will not use nor allow
the use of records, data or information obtained through the Internet access
for the purpose of solicitation or any other use or practice not specifically
permitted by this agreement
MANNER – Will be accessed and used by User
only in the manner expressly authorized and permitted by the Trustee. User
agrees that it will neither use nor permit use of the Website in any manner or
for any purpose which is not authorized by the Trustee or which is unlawful or
which is likely to cause damage or disrepair to the equipment, software,
records or Website of the Trustee
3. CUSTODY AND CONTROL
OF RECORDS – User
hereby expressly acknowledges and agrees that the record and data for which
access if provided under this Agreement are and shall remain records under the
control and custody of the Trustee, and access is provided only under the
direct supervision of the Trustee, pursuant to the terms of this agreement and
all reasonable and necessary rules and procedures adopted by the Trustee.
User, further, expressly
acknowledges and agrees that while accessing, viewing and using the Trustee’s
selected records, the User shall be under the same duties, responsibilities,
and obligations as the Trustee to protect and carefully keep and preserve the
records, subject to the same penalties for any violation of those duties and
obligations.
4. CONDITIONS FOR USE
AND ACCESS
A. EQUIPMENT AND
CONNECTIONS – The
User shall obtain and supply, at its sole cost, all equipment, including
computer, peripherals, modems, software and connections and shall be
responsible for and pay any and all other fees or costs necessary to implement
this Agreement.
5. TERM OF AGREEMENT –This agreement shall continue until
such time as it is terminated pursuant to the provision in the following
subsection.
6. TERMINATION – This Agreement may be terminated by
either the Trustee or by the User, at any time, for any reason whatsoever,
without notice.
7. IDEMNIFICATION – User shall and hereby agrees to
indemnify the Trustee for, and to hold Trustee harmless from any claims,
demands, suits, damages or costs, of any kind, arising out of or relating to
use and access provided under this Agreement, caused or claimed to be caused by
any act or failure of User.
8. 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, firm or other
legal entity without the express written consent of the Trustee, and such
consent may be conditioned upon such terms and conditions as the Trustee may
reasonably require.
9. ENTIRE AGREEMENT – This Agreement, together with any
rules or procedures adopted by the Trustee 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 writing, and signed by all parties.
DISCLAIMERS AND
LIMITATIONS OF LIABILITY:
A. NO WARRANTIES – The Trustee hereby expressly
disclaims any express or implied warranties of the software program, computer
equipment or computer, and User hereby expressly assumes all risk related to
the use and access provided under this Agreement.
B. 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 any data to which access is being provided and User
hereby acknowledges this disclaimer and waives any claim or reliance upon such
representations or assurances.
C. 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 records for which access
is provided, and 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 computer system,
software or equipment, and 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.
D. NO WARRANTY AS TO
CURRENT DATA OR INFORMATION – The data and information available in the Trustee’s records
is as current as possible, depending on work flow, holidays, weekends,
restraints on the Trustee, and any elements or factors outside the control of
the Trustee.
Payoff balances are only
approximated due to the aforementioned conditions, recent receipts or
disbursements, claim changes, court orders or accruing interest. Exact pay off
amounts should be obtained through the Trustee’s Office by specific written
request.
E. ADMISSIBILITY AS
EVIDENCE – The
Trustee makes no representation that the data and information available by
accessing the Trustee’s Website will be admissible in Court as a Hearsay
exception pursuant to Rule 803 of the Federal Rules of Evidence.
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PLEASE
NOTE: |
MAKE
SURE TO FILL IN THIS SECTION OR ATTACH A SEPARATE |
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SHEET
(IF NECESSARY) IDENTIFYING ALL NAMES YOUR FIRM OR |
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COMPANY
IS DOING BUSINESS AS. YOUR ACCESS TO
CASES ON |
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THE
SYSTEM IS RESTICTED TO THOSE IN WHICH YOU ARE A PARTY |
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OF
INTEREST BY YOUR TRUSTEE ASSIGNED CREDITOR NUMBER |
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Enter Company Name: |
________________________________________________________ |
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Enter Contact Name: |
________________________________________________________ |
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Title: |
________________________________________________________ |
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Address: |
________________________________________________________ |
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City, State Zip |
________________________________________________________ |
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Phone Number of Contact: |
________________________________________________________ |
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Fax Number of Contact: |
________________________________________________________ |
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E-Mail Address of Contact: |
________________________________________________________ |
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Signature and Date: |
________________________________________________________ |
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List all F/K/A and
DBA: |
________________________________________________________ |
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Case(s) #
for which access is requested |
________________________________________________________ |
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Print and Mail to attention of: |
Cynthia Costanza |
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Marie-Ann Greenberg, Standing Trustee |
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Or Print and Fax
to: |
(973) 227-3272 |
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A
Login ID and Password will be assigned to you. Please allow up to ten
(10) |
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Internet Website: |
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