Consumer Education Services, Inc. (CESI), d/b/a Start Fresh Today (SFT)
Terms & Conditions
DATE LAST MODIFIED: July 1, 2015
Please read this Agreement carefully. If you do not understand this Agreement, please do not use the Website or any of the Services. If you do not understand any part of this Agreement, please contact us. Do not use the Website or any of the Services until your questions and concerns have been answered, and you agree to abide by the terms and conditions of this Agreement. Even if you fail to accept this Agreement as described above, by accessing the Website and any pages thereof, you agree to be bound by the terms and conditions below. If you do not agree to these terms and conditions or anything contained in this Agreement, do not access or otherwise use the Website.
CHANGES TO SERVICES, AGREEMENT AND/OR WEBSITE
SERVICES AND PARTIES
The Services are described within various pages of the Website, including, without limitation, the "Products and Services" page. You should review these pages to gain a better understanding of the Services and the goals behind the Website. At a general level, Consumer Education Services, Inc. (CESI), d/b/a Start Fresh Today (SFT), collects information submitted by you at the Website (a "Submission"), which information is used to populate a back-end database. This information is then used to offer Credit Counseling and Debtor Education and to provide other services in connection with the bankruptcy process. The specific services to be provided to you will be dictated by your selections at the Website and your payment of the fees associated with such selections.
Consumer Education Services, Inc. (CESI), d/b/a Start Fresh Today (SFT), also offers various services to bankruptcy attorneys. Attorneys can, subject to all terms and conditions set forth herein, purchase certain products and services at the Website related to the bankruptcy process.
Credit Counseling Briefings. Consumer Education Services Inc. (CESI) is the approved Agency offering the Credit Counseling, d/b/a Start Fresh Today (SFT), for the purposes of (a) outlining opportunities for available credit counseling to you, (b) helping you to perform an initial budget analysis, and (c) providing a certificate to you which is in proper form for submission with a bankruptcy court showing that that you have been "briefed" by such credit counseling agency. Consumer Education Services, Inc. (CESI), d/b/a Start Fresh Today (SFT), may, to the extent necessary, contact you via telephone or e-mail to assess your situation and/or ask further questions of you.
You hereby represent that all of the information you have provided in your Submission, or, as applicable, all of the information you submit to Consumer Education Services, Inc. (CESI), d/b/a Start Fresh Today (SFT), within a Submission at any point in the future, is and will be true and complete in all respects. You hereby authorize CESI/SFT to provide all information contained within a Submission, including any information gathered by way of follow up with you following a Submission, to other certifying Agencies, specifically Cambridge Credit Counseling Corporation. You acknowledge and understand that Agencies may retain a Submission form and all information set forth therein, regardless of whether or not they are ultimately able to certify you to proceed with a bankruptcy filing. CESI is fully licensed and approved to issue certificates in compliance with the Bankruptcy Code. Approval does not endorse or assure the quality of an Agency's services.
Debtor Education Course. Consumer Education Services Inc. (CESI) (d/b/a Start Fresh Today) is the approved provider offering the Debtor Education Course. Approval does not endorse or assure the quality of a Provider's services. It is the intention of Consumer Education Services Inc. (CESI) (d/b/a Start Fresh Today) that satisfactory completion of the Course by you in a timely fashion will satisfy the debtor education requirement to exit bankruptcy proceedings under applicable law, but neither Consumer Education Services Inc. (CESI) (d/b/a Start Fresh Today) shall be liable to you in any way if you are unable to exit bankruptcy proceedings on account of the Course or otherwise. Upon completion of the Course, you, the consumer, agree that you have completed the Course and that no other person completed the Course on your behalf. Attorneys and law firms agree that the Course shall completed only by their clients and not by the attorney, law firm, or the employees or independent contractors of the foregoing.
Consumer Education Services Inc. (CESI) (d/b/a Start Fresh Today) is not a law firm, and does not provide legal advice of any sort. If you are an attorney, you are solely responsible for providing legal advice to your clients regarding bankruptcy and related matters. If you are not an attorney, you should rely on the advice of legal counsel in making any final decisions regarding bankruptcy and navigating your way through the bankruptcy process. The tools offered at the Website, while intended to facilitate the bankruptcy process, do not constitute legal advice and should not, under any circumstance, be relied upon as legal advice.
Products and/or services purchased by an attorney on behalf of a client are non-transferable, meaning that all such products and services must be used solely by the client for which such products and services were purchased (as reflected in the records of Consumer Education Services Inc. (CESI) (d/b/a Start Fresh Today)).
Fees charged for the various products and/or services offered at the Website are set forth in the Disclosure Statement on the registration page of the Website. In consideration for providing the Services, you agree to pay all such fees which are due and owing on account of the selections you have made at the Website (the "Fee"). Even if you have already paid the Fee associated with an initial Submission, you acknowledge that in the event you make an additional Submission to Consumer Education Services, Inc. (CESI) (d/b/a Start Fresh Today) in the future, you will be charged an additional fee equal to the fee set forth on the Website at the time of making such additional Submission. Fees payable in connection with a Submission are (i) payable to Consumer Education Services Inc. (CESI) (d/b/a Start Fresh Today) (ii) to the extent the applicable Submission has not yet been made, refundable so long as you request a refund following the procedures as outlined in the disclosures located on the Website.
Fees payable for access to the Course or otherwise are payable to Consumer Education Services Inc. (CESI) (d/b/a Start Fresh Today). Fees payable for the purchase of attorney due diligence products, which are only available to attorneys, are payable to the third party vendor offering such products through the Website or, in certain instances, a partner working with CESI/SFT to enable CESI/SFT to display such products and services on the Website, although CESI/SFT may receive a portion of any such Fee in consideration for providing directory services. By checking the ”I Accept” box at the end of this Agreement or otherwise using any Services, you hereby (i) acknowledge that such fees are reasonable, and (ii) authorize CESI/SFT to charge the credit card you have on file with CESI/SFT for all Fees due and owing hereunder and all fees due and owing to the Agency assigned to your Submission. Unless otherwise indicated herein, all attorney due diligence product fees described herein are non-refundable, even if you elect not to use one or more services and/or products purchased either individually or as part of a package. Under certain circumstances, in the event you are able to adequately demonstrate an inability to pay for such credit counseling briefing and/or educational course (in accordance with applicable law and other requirements set forth in the applicable portion of the Website), you may be able to submit a Submission, receive credit counseling briefings and/or complete the debtor education course at a reduced fee or at no cost. Decisions regarding a waiver of fees, as such decisions relate to credit counseling briefings, are made by the Agencies rather than SFT.
CERTAIN RESTRICTIONS ON ATTORNEYS
If you are an attorney, you agree to use the Services for no other purpose than assisting a client with a bankruptcy filing. To the extent an attorney is provided with any data or other personal information in connection with the Services, such attorney agrees to use such information solely for its intended purpose (and not for re-sale, marketing purposes or any other prohibited purpose). To the extent an attorney obtains a "consumer report" (as defined within the Fair Credit Reporting Act), the attorney shall comply with all applicable laws in respect of such report. Without limiting the generality of the foregoing, each attorney agrees that he/she will comply with (i) all applicable provisions of the California Credit Reporting Agencies Act and any related regulations, and (ii) all Vermont statutes regarding fair credit reporting. All personally identifiable information obtained by an attorney through the Services shall be kept strictly confidential by such attorney.
Certain parts of the Website require a login and password to enter. You agree that you are responsible for all acts or omissions that occur on your account while your password is being used. Consumer Education Services, Inc. (d/b/a Start Fresh Today) reserves the right to access and disclose any information, including, without limitation, user names of accounts and other information, to comply with applicable laws and lawful government requests.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the Website are: Copyright © 2015 Consumer Education Services, Inc. (d/b/a Start Fresh Today) and/or its suppliers, licensors or participating Agencies (as applicable). All rights reserved. "SFT Today" is a registered service mark of Consumer Education Services, Inc. Other product and company names and logos mentioned herein or mentioned or displayed within the Website, including the names of participating Agencies and/or licensors, may be the trademarks or service marks of their respective owners. To this end, you may not, without the prior, written consent of Consumer Education Services, Inc. (d/b/a Start Fresh Today) or the applicable copyright holder, modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the content posted at the Website or otherwise owned by Consumer Education Services, Inc. (d/b/a Start Fresh Today). This Agreement shall not be deemed to transfer from Consumer Education Services, Inc. (d/b/a Start Fresh Today) or any licensor to you (i) any of CESI/SFT's or such licensor's intellectual property (including, without limitation, patents, trademarks, service marks, trade names, copyrights and licenses), technology, software programs or any related assets owned by Consumer Education Services, Inc. (d/b/a Start Fresh Today) or a licensor, (ii) any rights in or to the Course, or (iii) any rights to use or license any of the foregoing except as explicitly set forth in this Agreement.
DISCLAIMERS AND LIMITATIONS
Nothing in this waiver shall apply to 11 U.S. Code § 111G2
Consumer Education Services, Inc. (d/b/a Start Fresh Today) intends that the information contained in the Website be accurate and reliable; however, errors sometimes occur. In addition, changes and improvements to the information provided herein or on the Website may be made by Consumer Education Services, Inc. (d/b/a Start Fresh Today) at any time. THE Website AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." CONSUMER EDUCATION SERVICES, INC. (D/B/A START FRESH TODAY) DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE Website AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED WITHIN THE Website, INCLUDING WITHOUT LIMITATION (I) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, AND (II) AS TO THE RESULTS THAT MAY BE OBTAINED BY USE OF THE Website OR ANY OF CONSUMER EDUCATION SERVICES, INC.’S (D/B/A START FRESH TODAY) SERVICES OR PRODUCTS PURCHASED THROUGH THE Website. IN ADDITION, CONSUMER EDUCATION SERVICES, INC. (D/B/A START FRESH TODAY) MAKES NO WARRANTIES REGARDING (I) ANY AGENCY OR ANY SERVICES PROVIDED BY ANY AGENCY, OR (II) ANY OTHER ASPECT OF ANY BANKRPUTCY PROCEEDINGS IN WHICH YOU ARE INVOLVED. USE OF THE Website AND/OR CONSUMER EDUCATION SERVICES, INC.’S (D/B/A START FRESH TODAY) SERVICES IS AT YOUR OWN RISK. SFT AND/OR ITS LICENSORS AND/OR ITS SUPPLIERS OR PARTICIPATING AGENCIES ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE Website AND/OR CONSUMER EDUCATION SERVICES, INC.’S (D/B/A START FRESH TODAY) SERVICES OR WITH THE DELAY OR INABILITY TO USE THE Website, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE Website, OR OTHERWISE ARISING OUT OF THE USE OF THE Website, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CONSUMER EDUCATION SERVICES, INC. (D/B/A START FRESH TODAY), ITS LICENSORS AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. In all events, the aggregate liability of SFT AND ANY LICENSOR for any reason and upon any cause of action, whether in contract, tort or otherwise, shall not exceed the amount of fees paid by YOU TO SFT, AN AGENCY OR THIRD PARTY SUPPLIER VIA THE Website.
FURTHER, CONSUMER EDUCATION SERVICES, INC. (D/B/A START FRESH TODAY) DOES NOT ENDORSE AND MAKES NO WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE Website. UNDER NO CIRCUMSTANCES WILL CONSUMER EDUCATION SERVICES, INC. (D/B/A START FRESH TODAY) BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE Website OR ANY SERVICES OFFERED VIA THE Website. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITES.
UNAVAILABILITY OF SERVICE OR WEBSITE
You are responsible, at your sole cost and expense, for providing all equipment necessary to access the Internet, the Website and/or the Services. While it is Consumer Education Services, Inc.’s (CESI) (d/b/a Start Fresh Today) objective to make the Website accessible 24 hours per day, 7 days per week, the Website may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Consumer Education Services, Inc. (CESI) (d/b/a Start Fresh Today), access to the Website and/or Services may be interrupted, suspended or terminated from time to time. YOU AGREE THAT CONSUMER EDUCATION SERVICES, INC. (D/B/A START FRESH TODAY) SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY SUCH INTERRUPTION, SUSPENSION OR TERMINATION OF THE Website AND/OR SERVICE AND THAT YOU SHALL PUT IN PLACE CONTINGENCY PLANS TO ACCOUNT FOR SUCH PERIODIC INTERRUPTIONS OR SUSPENSIONS OF THE Website AND/OR SERVICE.
As a condition of use of the Website and/or the Services, you agree to indemnify Consumer Education Services, Inc. (CESI) (d/b/a Start Fresh Today) and its officers, directors, employees, affiliates, suppliers, licensors, vendors, partners and participating Agencies from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of the Website or any of the Services, including without limitation any claims alleging facts that if true would constitute a breach by you of this Agreement.
LINKS TO THIRD PARTIES
The Website may contain links to Websites maintained by third parties. Such links are provided for your convenience and reference only. Consumer Education Services, Inc. (CESI) (d/b/a Start Fresh Today) does not operate or control in any respect any information, software, products or services available on such Websites. Consumer Education Services, Inc.’s (CESI) (d/b/a Start Fresh Today) inclusion of a link to a Website does not imply any endorsement of those services or the Website, its contents or its sponsoring organization.
ERRORS AND DELAYS
Consumer Education Services, Inc. (CESI) (d/b/a Start Fresh Today) is not responsible for any errors or delays in responding to a Submission or otherwise processing information submitted by you at the Website, including, without limitation, those caused by (i) an incorrect e-mail address or telephone number provided by you, (ii) the failure of an Agency to timely respond to a Submission made available to an Agency, or (iii) technical problems.
Any claim or controversy arising out of or relating to the use of the Website, to the goods or services provided by Consumer Education Services, Inc. (CESI) (d/b/a Start Fresh Today), or to any acts or omissions for which you may contend Consumer Education Services, Inc. (CESI) (d/b/a Start Fresh Today) is liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of JAMS in force at that time. Venue for the arbitration shall be exclusively in Wake County, North Carolina. The arbitrator shall be selected pursuant to the JAMS rules. Should no JAMS rule regarding the selection of an arbitrator be in effect, you shall select an arbitrator from a panel of arbitrators acceptable to Consumer Education Services, Inc. (CESI) (d/b/a Start Fresh Today). The costs of arbitration shall be paid by the non-prevailing party. Notwithstanding the foregoing, at its option and in its sole discretion, Consumer Education Services, Inc. (CESI) (d/b/a Start Fresh Today) reserves its right to initiate a lawsuit, rather than an arbitration, in connection with any Dispute. You consent to the arbitration terms of this provision and waive any and all rights to initiate a lawsuit as a plaintiff in a federal or state court.
Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Wake County, North Carolina. The arbitrator shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this Agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND CONSUMER EDUCATION SERVICES, INC. (CESI) (D/B/A START FRESH TODAY) WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable and are subject to very limited review by a court. By using the Services or accessing the Website, you consent to these restrictions.
Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Consumer Education Services, Inc. (CESI) (d/b/a Start Fresh Today), the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts located in Wake County, North Carolina. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit, the prevailing party shall be entitled to recover reasonable attorneys' fees from the non-prevailing party.
SFT Today Short Message Service Disclaimer
You acknowledge and agree that the SMS Service is provided via wireless systems which use radios (and other means) to transmit communications over complex networks. You must have a two way text-enables phone with compatible carrier and plan. Compatible major carriers include Alltel Wireless, AT&T, Boost Mobile, Nextel, Sprint, T-Mobile ®, Verizon Wireless and Virgin Mobile USA. We do not guarantee that your use of the SMS Service will be private or secure, and we are not liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the SMS Service. We may also access the content of your account and wireless account with your carrier for the purpose of identifying and resolving technical problems and service-related complaints.
Consumer Education Services, Inc. (CESI) (d/b/a Start Fresh Today) Websites.
These Terms and Conditions apply to all users of the Websites, including users who are also contributors of picture/image content, information, and other materials or services on the Websites. The Website includes all aspects of Consumer Education Services, Inc. (CESI) (d/b/a Start Fresh Today), including but not limited to all products, software and services offered via the Websites.
(a) The Websites offers multiple products and services, and allows you to, among other things, upload and submit content.
(c) Cookies and Web Beacons. SFT and its affiliates and third party advertising partners may utilize cookies that are installed on your browser when visiting the Website and/or third-party web beacons to analyze your use and activities while visiting the Website. SFT may also use anonymous information about your visits to this and other websites in order to improve its products and services and to provide advertisements about goods and services of interest to you.
Materials Provided To SFT or Posted At the Website.
Consumer Education Services, Inc. (CESI) (d/b/a Start Fresh Today) does not claim ownership of the materials you provide to CESI/SFT (including feedback and suggestions) or post, upload, input or submit to the Website or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Consumer Education Services, Inc. (CESI) (d/b/a Start Fresh Today) permission to use your Submission in connection with the operation of their 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. Consumer Education Services, Inc. (CESI) (d/b/a Start Fresh Today) is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in CESI/SFT'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.
Consumer Education Services, Inc. (d/b/a Start Fresh Today)
3700 Barrett Drive
Raleigh, NC 27612
Customer Service: (800) 435-9138