Terms of Service

Last updated on March 26, 2018.



Please read these Terms of Service ("Terms") carefully before agreeing to use the www.nextchapterbk.com website ("Website") and the service accessible through the Website (the "Service") operated by NextChapter BK, Inc. ("NextChapter®", "us", "we", or "our").

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

BY ACCESSING OR USING THE SERVICE YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DISAGREE WITH ANY PART OF THESE TERMS THEN YOU DO NOT HAVE PERMISSION TO ACCESS THE SERVICE.


Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content in our sole discretion.


Authorization Limitations and Restrictions

You shall not, and shall not permit any other person to, access or use the Service or materials made available through the Service (the “Materials”) except as expressly permitted by these Terms. For purposes of clarity and without limiting the generality of the foregoing, except as expressly permitted by this Agreement, you shall not

(a) copy, modify or create derivative works or improvements of the Service or Materials;

(b) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Service or Materials to any person, including on or in connection with the internet or any time-sharing, service bureau, software as a service, cloud or other technology or service;

(c) reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive or gain access to the source code of the Service or Materials, in whole or in part;

(d) bypass or breach any security device or protection used by the Service or Materials or access or use the Service or Materials other than by your own use of your then valid access credentials;

(e) input, upload, transmit or otherwise provide to or through the Service any information or materials that are unlawful or injurious, or contain, transmit or activate any harmful code;

(f) damage, destroy, disrupt, disable, impair, interfere with or otherwise impede or harm in any manner the Service, our systems or our provision of services to any third party, in whole or in part;

(g) remove, delete, alter or obscure any trademarks, specifications, documentation, warranties or disclaimers, or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Service or any Materials, including any copy thereof;

(h) access or use the Service or Materials in any manner or for any purpose that infringes, misappropriates or otherwise violates any Intellectual Property Right or other right of any third party, or that violates any applicable Law;

(i) access or use the Service or Materials for purposes of competitive analysis of the Service or Materials, the development, provision or use of a competing software service or product or any other purpose that is to the Provider's detriment or commercial disadvantage; or

(j) access or use the Service or Materials for the purpose of preparing and then transposing data to other software, law firm, or Court form without payment.

(k) otherwise access or use the Service or Materials beyond the scope of the authorization granted hereunder.

(l) NextChapter® acknowledges that your data is owned by you or the party that has entrusted you with it; we will not lay claim to or hold your data hostage. However, in order to provide the Service to you, we may have to access your account data to better answer your questions and generally improve the Service. Your data may be used to develop and distribute general benchmarks or statistics pertaining to the Service, provided your data is used in the aggregate and is in anonymized form. SSN’s will be excluded from data accessible to NextChapter®.


Intellectual Property Rights

The Service and the Website, and their collective entire contents, structure, infrastructure, architecture, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the us, our licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

You are permitted to use the Service for your commercial use consistent with these Terms. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the materials made available on or through the Service, except (i) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials, and (ii) you may store files that are automatically cached by your Web browser for display enhancement purposes.

You must not (i) modify copies of any materials from this site or (ii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

No right, title or interest in or to the Website or Service or any content on the Website is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Website or Service not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.


Trademarks

Our name, (NextChapter BK, Inc.), the term NextChapter®, our logo and all related names, logos, product and service names, designs and slogans are trademarks of NextChapter® or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on the Service website are the trademarks of their respective owners.


Prohibited uses of our trademarks

  • Do not remove, distort or alter any element of NextChapter's trademarks or branding. That includes modifying an NextChapter trademark, for example, through hyphenation, combination or abbreviation.
  • Do not shorten, abbreviate, or create acronyms out of NextChapter trademarks.
  • Do not use NextChapter's trademarks in any manner that expresses or implies NextChapter has any affiliation, sponsorship, endorsement, certification, or approval of your product, service, or company, unless specifically authorized by NextChapter.
  • Do not display a NextChapter trademark or branding in a manner that in NextChapter's sole opinion is misleading, unfair, defamatory, infringing, libelous, disparaging, obscene, or otherwise objectionable to NextChapter (this is in no way meant to discourage criticism, opinion, or commentary).
  • Do not display NextChapter trademarks or branding on a site or on material that violates any law or regulation.
  • Do not use NextChapter trademarks in false or misleading advertising.
  • Do not adopt marks, logos, slogans, or designs that are confusingly similar to NextChapter's trademarks or branding.
  • Do not copy or imitate NextChapter's trade dress, including the look and feel of NextChapter web design properties or NextChapter brand elements, distinctive color combinations, typography, graphic designs, product icons, or imagery associated with NextChapter.
  • Do not use or register NextChapter trademarks as or incorporated in social media account names, profiles, or aliases.
  • Do not register NextChapter trademarks as second or third level domain names.
  • Do not use NextChapter trademarks in a way that suggests a common, descriptive, or generic meaning.


NextChapter Trademarks

NextChapter's trademarks include the following list. The absence of any NextChapter trademark, product name, service name, or any other name from this list does not waive NextChapter's intellectual property rights.

  • NextChapter®
  • Bankruptcy Web Workflow®
  • Bankruptcy Software for the Modern Attorney®
  • Artificial Intelligence for Bankruptcy Attorneys®
  • NextMessage™
  • MyChapter™
  • NextChapter Notices™
  • Debtor Portal™
  • Shell Case Import™


Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by NextChapter®.

We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that NextChapter® shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.


Payments, Refunds, Subscriber Changes

Pricing for the Service is listed on the publically accessible portion of the Website and is subject to change at any time, though if you have already submitted payment for a monthly package or annual package, you will have access for the time purchased at the rate then charged. Your next month or year of access to the Service will be charged at the new rate. Payment for the Service shall be made using a major credit card. If you fail to make a payment, or credit card payment is declined, returned, or refused by your credit card company, then you will lose access to certain functionality of the Service or sections of the Website. If you’re paying on a case-by-case basis, you may only create one case per pay, continually updating a single case without additional payments is considered theft. You may not use the Service as a preparation service without paying.

No refunds or credits will be issued for partial periods of service, upgrade/downgrade refunds, or refunds for periods unused with an active subscription, including, but not limited to, instances involving the removal of a user.


Unlimited Plans

We offer unlimited plans for some of our products and services. "Unlimited" does not refer to uses prohibited by these TOS, including without limitation, reselling of the Plan Services, spam, etc. All unlimited plans are subject to fair usage and the terms and restrictions of these TOS. If, for any reason, we believe that Your usage of the unlimited plan and services violates these TOS, then we may, in our sole discretion with or without notice, either terminate Your unlimited plan or limit your access to the products and services covered by that Plan.


Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Social Media

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.

This Website may provide certain social media features that enable you to:
  • Link from your own or certain third-party websites to certain content on this Website.
  • Send e-mails or other communications with certain content, or links to certain content, on this Website.
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Service.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.


FEEDBACK

If User elects to provide any suggestions, comments, improvements, information, ideas or other feedback or related materials to NextChapter (collectively, “Feedback”), User hereby grants NextChapter a worldwide, perpetual, non-revocable, sublicensable, royalty-free right and license to use, copy, disclose, license, distribute, and exploit any Feedback in any format and in any manner without any obligation, payment, or restriction based on intellectual property rights or otherwise, however NextChapter will not identify User as the source of the Feedback. Nothing in this Agreement limits NextChapter's right to independently use, develop, evaluate, or market products, whether incorporating Feedback or otherwise.


REVIEWS

If you post any reviews for NextChapter or any features or add-ons, you must: (i) comply with NextChapter's then-current Terms; (ii) not make any false or misleading statement; (iii) ensure that your review is an honest, good-faith rating; and (iv) disclose any affiliation with the Publisher or any conflict of interest (e.g. if you are a competitor). We do not claim ownership of the content of reviews or comments you post. However, you agree that this content is licensed to us just like “Feedback” (see above) and that we can use and publish this content and incorporate it into other works in any format or medium now known or later developed, and permit others to do so.


Indemnification

You agree to defend, indemnify and hold harmless NextChapter® and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of (a) your use and access of the Service, by you or any person using your account and password, or (b) a breach of these Terms.


Limitation Of Liability

In no event shall NextChapter®, or its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Service; (b) any conduct or content of any third party on the Service; (c) any content obtained from the Service; and (d) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

NextChapter adheres to security protocols described in our File Retention, Destruction and Security Policy. However, as a licensed attorney, you, the user, retain ultimate responsibility for maintaining the confidentiality of your clients' information. You are responsible for any and all debtor information provided to the Service and should use discretion in determining the types of information you allow to be stored on the Service. NextChapter assumes no liability for any debtor information you provide during your use of the Service, including sensitive personal and/or financial information such as Social Security Numbers, tax returns, dates of birth, addresses, credit card account numbers, bank account numbers, or any other client information.


LEGAL COMPLIANCE

NextChapter maintains that its primary duty is to protect the data to the extent the law allows. NextChapter reserves the right to provide the Confidential Information to third parties as required and permitted by law (such as in response to a subpoena or court order), and to cooperate with law enforcement authorities in the investigation of any criminal or civil matter.

If NextChapter is required by law to make any disclosure of the Confidential Information that is prohibited or otherwise constrained by this Agreement, then NextChapter will provide user with prompt written notice (to the extent permitted by law) prior to such disclosure so that the user may seek a protective order or other appropriate relief. Subject to the foregoing sentence, NextChapter may furnish that portion (and only that portion) of the Confidential Information that it is legally compelled or otherwise legally required to disclose.


Disclaimer of Warranty

Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

NextChapter®, its subsidiaries, affiliates, and its licensors do not warrant that (a) the Service will function uninterrupted, secure or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Service is free of viruses or other harmful components; (d) the results of using the Service will meet your requirements; or (e) the quality of any products, services, information or other material purchased or obtained by you through the Service will meet your expectations.

Obtaining any materials through the use of the Service is done at your own discretion and at your own risk. We shall have no responsibility for any damage to your computer system or loss of data that results from the download of any content, materials, information or software.


Legal Services Disclaimer

NextChapter® is not a law firm, and the employees of NextChapter® are not acting as attorneys. We not permitted to engage in the practice of law, and we are prohibited from providing any kind of advice, explanation, opinion, or recommendation to our users about possible legal rights, remedies, defenses, options, selection of forms or strategies.

This Service is not intended to create an attorney-client relationship. While we take data security and privacy very seriously, your use of the Service as a practice support tool is not protected by the attorney-client privilege or work product doctrine.

The Service is an online portal to assist bankruptcy attorneys with a practice management services. At no time do we review your forms for legal sufficiency, draw legal conclusions, provide legal advice or apply the law to the facts of your particular situation.

Although we take every reasonable effort to ensure that the information and documents on the Service are up-to-date and legally sufficient, the legal information on this site is not legal advice and is not guaranteed to be correct, complete or up-to-date. Because the law changes rapidly, is different from jurisdiction to jurisdiction, and is also subject to varying interpretations by different courts and certain government and administrative bodies, we cannot guarantee that all the information on the site is completely current. As a licensed attorney, you, the user, must make the ultimate determination about the legal sufficiency and accuracy of the documents and information available through the Service. Without limitation to the foregoing, any liability for errors or omissions in any documentation, processing, filings, deadlines, or otherwise related to case management is the sole responsibility of you, the user, and not of NextChapter®.


Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

  1. Arbitration. You and NextChapter® agree that all disputes relating to these Terms or to the Service (whether or not such dispute involves a third party) will be resolved by binding, non-appealable arbitration under the American Arbitration Association's Commercial Arbitration Rules. The arbitration proceedings will be held in Columbus, Ohio. The claim or dispute shall be resolved by a single arbitrator selected and agreed upon by the parties. If the parties cannot agree upon an arbitrator, the arbitrator shall be appointed by any court of competent jurisdiction located in Columbus, Ohio. Each party shall pay its own costs, fees and expenses of arbitration including one half of the arbitrator’s fees and expenses.

    You may bring claims only on your own behalf. You hereby agree to not participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.

    This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this User Agreement.


  2. Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the related preceding language in this Arbitration section will be null and void and all judicial actions will be brought in the state or federal courts in Franklin County, Ohio, in which case you and NextChapter® expressly waive trial by jury. This arbitration agreement will survive the termination of your relationship with us.


Miscellaneous

You acknowledge and agree that NextChapter® may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. NextChapter® may provide the ability to integrate the Service with third party applications that may be utilized at your own option and risk. You agree that NextChapter® has no liability arising from your use of any integrations with third party applications.

You acknowledge the risk that information and the Content stored and transmitted electronically through the Service may be intercepted by third parties. You agree to accept that risk and will not hold NextChapter® liable for any loss, damage, or injury resulting from the interception of information. The Content is stored securely and encrypted.

You acknowledge and agree that NextChapter® may add the email notices@nextchapterbk.com to your ECF/PACER account to receive and add court notices to your account in the Service. This feature is called NextChapter Notices and will collect all notices from the court to add to the Service. By adding this email to your account, you agree and acknowledge that NextChapter has access to collect and store all court notices to the Service. If there is no user activity or login to the Service after 90 days, NextChapter Notices will be paused and will not collect and obtain court notices for the firm.

NextChapter® prides ourselves on our accessibility but it is understood that in order to use the Service, a modern browser such as Internet Explorer 10+, Firefox 3+, Safari 3+ or Google Chrome 9+ is recommended. Additionally, a stable connection to the Internet is required. The Service may work in a limited manner on other web browsers and older versions, however full functionality of NextChapter® is only available in the above recommended browsers and the Service may encounter bugs in any older versions or different web browsers.


Governing Law

These Terms shall be governed and construed in accordance with the laws of Ohio, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.


Changes

We reserve the right at our sole discretion, to modify or replace these Terms at any time. In the event of material changes to the Agreement, we will notify users, by email, or by other reasonable means of these changes prior to their enactment.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.


Contact Us

If you have any questions about these Terms, please  contact us.



Privacy Policy

As you use the Website, we collect data from you (both automatically and manually) which we use to administer the Service. The various kinds of information that we collect, and the use for which we collect it, is set forth below. By using the Website, you agree and consent to our collection and use of such information. We do not sell your data and we only use your information to provide and improve the Service; however, we may disclose aggregated information about our users (which does not identify any individual) without restriction. We may change our privacy policy at any time, and the most current version will appear on this page. We will notify you at login if there have been any material changes to our Privacy Policy.




Personal Data collected for the following purposes and using the following services:
    • Access to third party services' accounts

      • Access to the Dropbox account and Access to the Stripe account

        Personal Data: Various types of Data as specified in the privacy policy of the service

    • Analytics

      • Google Analytics

        Personal Data: Cookie and Usage data

    • Contacting the User

      • Contact form

        Personal Data: Address, Company name, Country, Date of Birth, Email address, First Name, Last Name, Phone number, State and ZIP/Postal code

      • Mailing List or Newsletter

        Personal Data: City, Cookie, Country, First Name, Last Name, Phone number, State and ZIP/Postal code

      • Phone contact

        Personal Data: Phone number

    • Content commenting

      • Disqus

        Personal Data: Cookie and Usage data

    • Content performance and features testing (A/B testing)

      • Google Website Optimizer and Optimizely

        Personal Data: Cookie and Usage data

    • Displaying content from external platforms

      • Google Maps widget, Vimeo video and Youtube video widget

        Personal Data: Cookie and Usage data

    • Handling payments

      • Stripe and Authorize.Net

        Personal Data: Various types of Data as specified in the privacy policy of the service

    • Hosting and backend infrastructure

      • Heroku

        Personal Data: Various types of Data as specified in the privacy policy of the service

    • Interaction with external social networks and platforms

      • Google+ +1 button and social widgets, Twitter Tweet button and social widgets, Facebook Like button and social widgets, Linkedin button and social widgets, Buffer button and social widgets, AngelList follow button and social widgets and Pinterest “Pin it” button and social widgets

        Personal Data: Cookie and Usage data

    • Interaction with live chat platforms

      • Olark Widget

        Personal Data: Cookie and Usage data

    • Interaction with support and feedback platforms

      • Zendesk Widget

        Personal Data: Cookie and Usage data

    • Managing contacts and sending messages

      • Mailchimp and Sendgrid

        Personal Data: Email address

    • Registration and authentication

      • Direct registration

        Personal Data: Address, City, Company name, Country, Email address, Fax number, First Name, Last Name, Password, Phone number, Picture, Profession, Social Security number (SSN), State, Tax ID, Username, Various types of Data as specified in the privacy policy of the service and ZIP/Postal code

    • RSS feed management

      • Feedburner

        Personal Data: Cookie and Usage data

Further information about Personal Data

    • Push notifications

      This Application may send push notifications to the User.

Contact information

    • Data owner

      NextChapter BK, Inc. "NextChapter®" - 1201 Dublin Rd, Ste 124, Columbus, OH (US), hello@nextchapterbk.com