PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
This agreement is made between you and USA Bk Associates (The
Company, We, Us) and specifies the conditions under which you may use this site
and the document preparation services of the Company.
1. Copyrights and Other Intellectual Property. Except as otherwise noted in this
Website, all information, documentation and other content posted in this Website
(collectively, the "Information") is the property of The Company and its
affiliated companies. Without limiting the foregoing, the graphics, icons and
overall appearance of this Website are the property of The Company. The posting
of Information does not constitute a waiver of any of The Company's proprietary
rights in or related to such Information (such as, but not limited to, patents,
copyrights and trademarks) or a transfer of any such rights to you or any third
party. The Information is protected by domestic and international copyright
laws, both as individual works and as a collection. You agree not to delete any
copyright or similar notice from any Information. You may not sell or republish,
or copy for other than your own individual use, the Information or any portion
thereof without the prior written consent of The Company. Our privacy policy is
simple. We never share your information with anyone but you. It is only used to
prepare your documents. Please read our full privacy policy at
Privacy Policy
2. No Warranties; Limitation of Liability. Although The Company attempts to
provide useful Information on its web site, Except as noted in the money-back
guarantee below, The Company does not guarantee that the Information is
accurate, current or suitable for any particular purpose. The Company assumes no
obligation to update or continue to post the Information. The Company does not
guarantee that access to this Website will be uninterrupted, that this Website
will be free of viruses or that this Website cannot be tampered with by third
parties. The Company does not guarantee that information sent to this Website
will not be obtained, reviewed, disclosed or tampered with by third parties,
whether or not measures are taken to secure such information. THIS WEBSITE, THE
INFORMATION AND ANY SOFTWARE RELATED THERETO ARE PROVIDED ON AN "AS IS" BASIS,
WITH NO WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY OR ANY IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. USE OF THIS
WEBSITE, THE INFORMATION AND SUCH SOFTWARE IS AT THE USER'S SOLE RISK. IN NO
EVENT WILL The Company BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR
RELATED TO THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO ANY SOFTWARE RELATED
THERETO), ANY WEBSITE OPERATED BY A THIRD PARTY OR ANY INFORMATION CONTAINED IN
THIS WEBSITE OR ANY OTHER WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER UNDER
A CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EVEN IF The Company IS AWARE
OF THE POSSIBILITY OF SUCH DAMAGES.
3. THE MATERIALS INCLUDED IN THE SITE ARE FOR GENERAL INFORMATION PURPOSES ONLY
AND DO NOT CONSTITUTE LEGAL ADVICE. THEY ARE NOT INTENDED TO BE A SUBSTITUTE FOR
OBTAINING LEGAL ADVICE FROM LEGAL COUNSEL. ALL ARTICLES AND MATERIAL DISPLAYED
BY US ON THE SITE ARE FOR INFORMATION ONLY, ARE NO SUBSTITUTE FOR SPECIFIC
ADVICE, AND ARE IN NO MANNER TO BE CONSIDERED LEGAL ADVICE OR OTHER LICENSED
PROFESSIONAL ADVICE OR A SUBSTITUTE THEREFOR. THE COMPANY DOES NOT REPRESENT OR
ENDORSE THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER
INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY
RELIANCE UPON ANY SUCH MATERIALS, OPINION, ADVICE, STATEMENT, MEMORANDUM, OR
INFORMATION SHALL BE AT YOUR SOLE RISK. THE COMPANY RESERVES THE RIGHT, IN ITS
SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE.
4. The company will prepare all of the official documents required for the filing of a personal Chapter 7 bankruptcy as specified in the Federal Bankruptcy Rules. This is limited to one complete set of bankruptcy forms for one person or for a husband and wife. These include the Petition, all of the schedules, the statement of intention, the statement of financial affairs and the creditor mailing matrix. The Company at its sole discretion and without obligation does provide for free various additional documents beyond the officially prescribe ones such as reaffirmation agreements and local forms. We do not prepare corporate services.
5 If you are filing chapter 13 bankruptcy, we will not prepare the repayment
plan. We do however provide you free of charge and without obligation, a
repayment plan form that you can fill out and file along with our forms. Because
we will not prepare the chapter 13 plan, we will not support the plan or answer
questions regarding the plan. If you purchase our chapter 7 services and wish to
switch to chapter 13 you will be charged a conversion fee of no less than $99.
If you purchase the chapter 13 service and wish to switch to chapter 7, you will
be charge a conversion fee of no less than $59. To avoid paying a conversion
fee, make certain which chapter you really want before ordering.
6. Though the Company does use great care to prepare professional quality court
documents, it does not give legal advice or practice law. If you need legal
advice, consult a licensed attorney in your locality.
7. The Company accepts various forms of payment for its services including
credit cards and checks. If you pay by check, the company reserves the right to
withhold delivery of its services until the check has cleared and for no less
than seven business days. If a check is dishonored by the bank or if a payment
becomes bad such is in the case of credit card disputes, The Company will charge
your account a $ uncollected funds charge.
8. You have days from the date of ordering our services to complete giving us
your information and authorizing The Company to prepare your documents. After
said number of days, you will be accessed an additional charge for to extend the
period.
9. At any time prior to you giving the Company the final authorization to
prepare your documents, you may enter as many creditors as you wish and you may
make as many changes to your information. While other companies charge for each
creditor, The Company allows you to submit an unlimited number of creditors
without any extra charge.
We will also accept any number of property listings so that you don't nave to
worry about being charged extra.
10. If you need to file a bankruptcy jointly with your spouse, there is no extra
charge for the spouse. While you would in essence be doubling the amount of work
for us, you only pay for one spouse and the other is free.
11. If the bankruptcy court requires the creditor address list on a diskette, we
give it to you formatted for easy copying to diskette. There is never an extra
charge for this.
12. You will not need to contact the creditors or to send them letters. We see
to it that your bankruptcy documents contain the appropriate creditor mailing
matrix that the court clerks will need to send the notices for you.
13. Chapter 7 Guarantee: ALL SALES ARE FINAL except as provided for in the
following guarantee. We guarantee that your official bankruptcy documents (listed in Paragraph 4
above) will be accepted for
filing by the court clerk or your money back! Further, if you file all of the
documents that we prepare and cooperate fully with the bankruptcy court towards
having your debts discharged, we guarantee that the court will issue you a
discharge order or we will refund the money that you paid us, except as noted
below. Please note that
this guarantee in no way implies that we are attorneys or have the power to
influence the court's actions. We have never had our documents
rejected by the court for our fault but it can happen under certain circumstances. The court
can reject your documents if after we prepare them, you do not file them for
many months and the forms become obsolete. They can also reject them if you mutilate or destroy some or all of them before filing. In order to avoid
frivolous refund requests, we require that you do the following before asking
for a refund. (a) You must file all of the documents that we give to you and not
to omit any of them. (b) You must send us the written rejection notice that the
court clerk will give you in such an event. (c) If the court clerk informs you
that a document is missing or invalid, you will notify us and allow us to
replace the document if it is one of the documents that you have paid us for.
(d) This guarantee is not applicable if the court rejects or dismisses your case
for any reason not related to the information typed in the documents. In
particular, we will not refund any money if your case is dismissed for your
failing to appear for your hearing; for your failing to take the mandatory pre
and post petition classes to the satisfaction of the court; for your not being
eligible to file bankruptcy for any reason including a prior bankruptcy; or for
your failing the means test. We
do not guarantee to provide you any documents that you have not paid for as part
of our service and that includes any other
documents that we provide you for free. Please note that we do not guarantee
that the information that you give to us will be error free or even that your
own errors will not appear on your finished documents. Our guarantee is better
than that. It gives you what you really want and that is, a discharge.
14. Chapter 13 Guarantee: ALL SALES ARE FINAL except as provided for in the
following guarantee. We guarantee that your official bankruptcy documents (listed in Paragraph 4
above) will be accepted for
filing by the court clerk or your money back! Chapter 13 is covered by the
"crazy guarantee" The court can reject your documents if after we prepare them,
you do not file them for many months and the forms become obsolete. They can
also reject them if you mutilate or destroy some or all of them before filing.
In order to avoid frivolous refund requests, we require that you do the
following before asking for a refund. (a) You must file all of the documents
that we give to you and not to omit any of them. (b) You must send us the
written rejection notice that the court clerk will give you in such an event.
(c) If the court clerk informs you that a document is missing or invalid, you
will notify us and allow us to replace the document if it is one of the
documents that you have paid us for. We do not guarantee to provide you any
documents that you have not paid for as part of our service and that includes
any other documents that we provide you for free. Please note that we do not
guarantee that the information that you give to us will be error free or even
that your own errors will not appear on your finished documents.
15. THESE TERMS OF USE CONTAIN THE ENTIRE UNDERSTANDING BETWEEN US WITH RESPECT
OF THE SITE AND NO REPRESENTATION, STATEMENT, INDUCEMENT ORAL OR WRITTEN, NOT
CONTAINED HEREIN SHALL BIND EITHER OF US. THE COMPANY RESERVES THE RIGHT, AT ITS
SOLE DISCRETION, TO CHANGE, MODIFY, ADD OR REMOVE ANY PORTION OF THESE TERMS OF
USE, IN WHOLE OR IN PART, AT ANY TIME. NOTIFICATION OF CHANGES IN THESE TERMS OF
USE WILL BE POSTED ON THE SITE.