The Trustee is a duly appointed Chapter
13 Standing Trustee for the Southern District of Florida, Miami
Division, vested with the duties as set forth in the U.S.C. Section
1302(b). 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.
The User desires Internet access to view
and inspect these selected files. The User is either a creditor
within the meaning of 11 USC § 101(10) or legal counsel for such
a creditor or legal counsel for a debtor.
Use is provided solely for the use of
User in User's business for the sole purpose of viewing and inspecting
the information regarding receipts and disbursements of funds
and User shall neither make nor attempt to make any data entry
changes or modifications to any record or data. User will
not access any information to which User is not an interested
party. 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.
User will not resell or distribute or provide this information
to any other person, firm, company or entity.
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.
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. The
Trustee shall not be liable in any manner 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.
The data and information available in
the Trustee's record is as current as possible, depending on workflow,
holidays, weekends, restraints on the Trustee, and any elements
or factors outside the control of the Trustee. Balances
are only approximated due to the aforementioned conditions, recent
receipts or disbursements, claim changes or court orders.
Pay off amounts should be obtained through the Trustee's Office
by specific written request.
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.
