Personally Identifiable Information
We collect the personally identifiable information that you submit on FCTC member registration and user profile forms, if any, and optional information you fill out in connection with the Financial Crisis Analyzer or any other program offerings on the site, as they may become available. Generally, the information FCTC collects helps us to communicate with you regarding possible financial crisis recommendations we may make based upon your situation. We will not share, rent or sell your personally-identifiable information with any entity, subject to the provisions below. We may share your information with our vendors in connection with system maintenance and other services that these individuals or entities perform in connection with financial crisis services. In some cases, we may run a joint marketing effort with third parties.
Use of Automatic Information and Cookies
In the course of serving advertisements to this site, our third-party advertisers may place or recognize a unique "cookie" on your browser, separate from the one placed by FCTC.com. We do not have any control or knowledge on the contents or purposes of these cookies.
Minors on FCTC
Children below thirteen years of age should not use our website, nor do we have any intention of collecting any personally identifiable information from individuals under thirteen years of age. If you are aware that a child has provided us with personally identifiable information, please contact us and we will remove the information.
Links, Hosted Sites & Advertisers
We do not have any control over the privacy practices of any external websites linked from the main www.FCTC.com domain (or any of the websites that are hosted on our server and aren't affiliated with FCTC). Therefore you should review their privacy policies separately from ours and know that we in no way have any control over their practices.
Last Updated January 2014
1. ACCESS TO THE SERVICES.
Subject to the terms and conditions of this Agreement, FCTC may offer to provide the Services, as described more fully on the Site, and which are selected by you, solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services FCTC performs for you, as well as the offering of any content on the Site. FCTC may change, suspend or discontinue the Services at any time, including the availability of any feature, tool, database, or content. FCTC may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. FCTC reserves the right, at its discretion, to modify these Terms and Conditions at any time by posting a notice on the Site, or by sending you a notice via e-mail. You shall be responsible for reviewing and becoming familiar with any such modifications.
2. SITE CONTENT.
The Site and its contents are intended solely for the use of FCTC Users and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Site, are the property of FCTC and/or third parties and are protected by United States and international copyright laws. All trademarks, service marks, and trade names which appear on the Site (other than those appearing in any User Content) are proprietary to FCTC and/or third parties. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.
The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Except to the extent the relevant Content is subject to the Creative Commons license (as described below), you may not copy, modify, publish, transmit, upload, distribute, perform, display, or except as expressly provided in this Agreement, participate in the transfer or sale of, reproduce, or create derivative works based on, any of the Content, software, materials, or Services in whole or in part. You may download or copy the Content, and other items displayed on the Site for download, for personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such Content. Downloading, copying, or storing any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from FCTC, or from the copyright holder identified in such Content's copyright notice. In the event you download software from the Site, the software, including any files, images incorporated in or generated by the software, and the data accompanying the software (collectively, the "Software") is licensed to you by FCTC or third party licensors for your personal use, and no title to the Software shall be transferred to you. FCTC or third party licensors retain full and complete title to the Software and all intellectual property rights therein.
You are responsible for all of your activity in connection with the Services and accessing the Site. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to the Services or to access the Site. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any FCTC user.
4. WARRANTY DISCLAIMER.
FCTC has no special relationship with or fiduciary duty to you. You acknowledge that FCTC has no control over, and no duty to take any action regarding: which Users gain access to the Site; which Content you access via the Site; what effects the Content (including any Content which is a derivative work of your User Content the creation of which you authorized) may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. Much of the Content of the Site is provided by and is the responsibility of the User who posted the Content. FCTC does not monitor the Content of the Site and takes no responsibility for such Content. You release FCTC from all liability for your having acquired or not acquired Content through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. FCTC makes no representations concerning any content contained in or accessed through the Site, and FCTC will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site.
NEITHER FCTC NOR THE SITE IS RESPONSIBLE OR LIABLE IN ANY WAY FOR THE FAILURE TO STORE, PRESERVE OR ACCESS CONTENT OR OTHER MATERIALS YOU TRANSMIT OR ARCHIVE ON THE SITE.
THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FCTC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, THE SERVICES, INCLUDING ANY REPRESENTATION OR WARRANTY THAT THE USE OF THE SITE OR SERVICES WILL (A) BE TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) BE FREE FROM ERRORS OR THAT DEFECTS WILL BE CORRECTED, (D) BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
FCTC AND THE SITE ARE PROVIDING YOU INFORMATION. YOU ACKNOWLEDGE THAT NO ATTORNEY CLIENT RELATIONSHIP IS CREATED OR INFERRED BY YOUR USE OF THE SITE OR YOUR RELIANCE ON ANY INFORMATION CONTAINED WITHIN THE SITE AS BETWEEN YOU AND FCTC, THAV GROSS PC OR ANY OF ITS ATTORNEYS OR REPRESENTATIVES. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU SHOULD SEEK THE SERVICES OF AN ATTORNEY LICENSED TO PRACTICE LAW IN THE STATE YOU RESIDE WITH RESPECT TO ANY LEGAL MATTERS, AND THAT YOUR USE OF THIS SITE DOES NOT GIVE RISE TO SUCH A RELATIONSHIP WITH FCTC, THAV GROSS PC OR ANY OF ITS ATTORNEYS WITHOUT REGARD TO WHERE YOU RESIDE INCLUSIVE OF IF YOU RESIDE IN THE STATE OF MICHIGAN.
TO THE FULLEST EXTENT ALLOWED BY LAW, FCTC DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, LEGALITY OR OPERABILITY OF THE MATERIAL OR SERVICES PROVIDED ON THIS SITE. BY USING THIS SITE, YOU ACKNOWLEDGE THAT FCTC IS NOT RESPONSIBLE OR LIABLE FOR ANY HARM RESULTING FROM (1) USE OF THE SITE; (2) DOWNLOADING INFORMATION CONTAINED ON THE SITE INCLUDING BUT NOT LIMITED TO DOWNLOADS OF CONTENT POSTED BY USERS WITHOUT PAYMENT IN VIOLATION OF THESE TERMS AND CONDITIONS; (3) UNAUTHORIZED DISCLOSURE OF IMAGES, INFORMATION OR DATA THAT RESULTS FROM THE UPLOAD, DOWNLOAD OR STORAGE OF CONTENT POSTED BY USERS; (4) THE TEMPORARY OR PERMANENT INABILITY TO ACCESS OR RETRIEVE ANY USER CONTENT FROM THE SITE, INCLUDING, WITHOUT LIMITATION, HARM CAUSED BY VIRUSES, WORMS, TROJAN HORSES, OR ANY SIMILAR CONTAMINATION OR DESTRUCTIVE PROGRAM; (5) CONTENT POSTED IN ANY FORUM OR COMMUNITY AREA OF THE SITE; AND (6) UNAUTHORIZED DISCLOSURE OF IMAGES, INFORMATION OR DATA THAT RESULTS FROM THE UPLOAD, DOWNLOAD OR STORAGE OF POSTED CONTENT.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
5. THIRD PARTY WEBSITES.
Users of the Site may gain access from the Site to third party sites on the Internet through hypertext or other computer links on the Site. Third party sites are not within the supervision or control of FCTC or the Site. Unless explicitly otherwise provided, neither FCTC nor the Site make any representation or warranty whatsoever about any third party site that is linked to the Site, or endorse the products or services offered on such site. FCTC and the Site disclaim: (a) all responsibility and liability for content on third party websites and (b) any representations or warranties as to (i) the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and (ii) the functionality of third party sites if you export User Content onto them. You hereby irrevocably waive any claim against the Site or FCTC with respect to such sites and third party content.
6. LIMITATION OF LIABILITY.
IN NO EVENT SHALL FCTC, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES OR MEMBERS BE LIABLE WITH RESPECT TO THE SITE OR THE SERVICES FOR (A) ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) DAMAGES FOR LOSS OF USE, PROFITS, DATA, IMAGES, USER CONTENT OR OTHER INTANGIBLES; (C) DAMAGES FOR UNAUTHORIZED USE, NON-PERFORMANCE OF THE SITE, ERRORS OR OMISSIONS; (D) DAMAGES RELATED TO DOWNLOADING OR POSTING CONTENT. FCTC'S; OR (E) YOUR RELIANCE ON ANY RECOMMENDATIONS OR INFORMATION PROVIDED IN THE SITE OR IN CONNECTION WITH THE USE OF THE ANALYZER AND THE SITE'S COLLECTIVE LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT, IF ANY, YOU PAY FOR THE SERVICES. THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO USER.
7. ADDITIONAL DISCLOSURES.
Since material contained on the site includes information relation to the filing for protection under the bankruptcy laws of the United States and since you, as the User, may be seeking information in connection with financial problems, your use of the site programs, including, but not limited to the Analyzer, is conditioned upon your acknowledgement that we have provided to you the disclosures set forth below:
To the extent applicable to your use of the information contained on the site, inclusive of the Analyzer, I understand that I am not retaining any of the attorneys at THAV GROSS PC, nor am I entitled to have any work done by the law firm until a retainer agreement is executed by all necessary parties. I understand that there will be no charge for my use of the Analyzer or the Site unless alternate arrangements are confirmed in writing by me. If you contact THAV GROSS for a free consultation pursuant to opportunities granted by this Site, the initial consultation shall be a maximum of .3 hrs. After .3 hrs, the attorney that I am meeting with, may, at his or her discretion, extend the length of the free consultation or may advise me that any further discussions will be billed at his/her then applicable hourly rate.
During an initial bankruptcy consultation, the attorney you meet with shall provide the following services:
- To the extent possible, based on the information provided by you, advise you of the available options as to bankruptcy.
- If you have not provided the attorney with sufficient information which is needed to advise you as to your options, then the attorney shall inform you what information you need to provide to enable the attorney to provide such advice and information.
- Advise you of the requirements placed upon the Client to file a Chapter 7 or 13 Bankruptcy.
- To the extent possible, quote you an estimated fee for the Attorney’s services to provide bankruptcy assistance or other legal services (if applicable) to you.
I further acknowledge that the first date upon which Thav Gross PC has first offered to provide me with bankruptcy assistance is this date and that the attorney has provided me with the Notices mandated by Section 527(a)(2) and 527(b) of the Bankruptcy Code, which notices I acknowledge having received with this Agreement.
Disclosure Pursuant to 11 U.S.C. 527(b)
IMPORTANT INFORMATION ABOUT BANKRUPTCY ASSISTANCE SERVICES FROM AN ATTORNEY OR BANKRUPTCY PETITION PREPARER.
If you decide to seek bankruptcy relief, you can represent yourself, you can hire an attorney to represent you, or you can get help in some localities from a bankruptcy petition preparer who is not an attorney. THE LAW REQUIRES AN ATTORNEY OR BANKRUPTCY PETITION PREPARER TO GIVE YOU A WRITTEN CONTRACT SPECIFYING WHAT THE ATTORNEY OR BANKRUPTCY PETITION PREPARER WILL DO FOR YOU AND HOW MUCH IT WILL COST. Ask to see the contract before you hire anyone.
The following information helps you understand what must be done in a routine bankruptcy case to help you evaluate how much service you need. Although bankruptcy can be complex, many cases are routine.
Before filing a bankruptcy case, either you or your attorney should analyze your eligibility for different forms of debt relief available under the Bankruptcy Code and which form of relief is most likely to be beneficial for you. Be sure you understand the relief you can obtain and its limitations. To file a bankruptcy case, documents called a Petition, Schedules and Statement of Financial Affairs, as well as in some cases a Statement of Intention need to be prepared correctly and filed with the bankruptcy court. You will have to pay a filing fee to the bankruptcy court. Once your case starts, you will have to attend the required first meeting of the creditors where you may be questioned by a court official called a 'trustee' and by creditors.
If you choose to file a chapter 7 case, you may be asked by a creditor to reaffirm a debt. You may want help deciding whether to do so. A creditor is not permitted to coerce you into reaffirming your debts.
If you choose to file a chapter 13 case in which you repay your creditors what you can afford over 3 to 5 years, you may also want help with preparing your chapter 13 plan and with the confirmation hearing on your plan which will be before a bankruptcy judge.
If you select another type of relief under the Bankruptcy Code other than chapter 7 or chapter 13, you will want to find out what should be done from someone familiar with that type of relief.
Your bankruptcy case may also involve litigation. You are generally permitted to represent yourself in litigation in bankruptcy court, but only attorneys, not bankruptcy petition preparers, can give you legal advice.
Disclosure Pursuant to 11 U.S.C. 527(a)(2)
You are notified:
- All information that you are required to provide with a petition and thereafter during a case under the Bankruptcy Code is required to be complete, accurate, and truthful.
- All assets and all liabilities are required to be completely and accurately disclosed in the documents filed to commence the case. Some places in the Bankruptcy Code require that you list the replacement value of each asset. This must be the replacement value of the property at the date of filing the petition, without deducting for costs of sale or marketing, established after a reasonable inquiry. For property acquired for personal, family, or household use, replacement value means the price a retail merchant would charge for property of that kind, considering the age and condition of the property.
- The following information, which appears on Official Form 22, Statement of Current Monthly Income, is required to be stated after reasonable inquiry: current monthly income, the amounts specified in section 707(b)(2), and, in a case under chapter 13 of the Bankruptcy Code, disposable income (determined in accordance with section 707(b)(2)).
- Information that you provide during your case may be audited pursuant to provisions of the Bankruptcy Code. Failure to provide such information may result in dismissal of the case under this title or other sanction, including criminal sanctions.
Use of the service is currently provided at no charge. FCTC reserves the right to institute new membership plans and levels, including paid plans in the future at its sole discretion, with reasonable notice.
This Agreement shall be governed by and construed in accordance with the laws of the state of Michigan without regard to the conflict of laws provisions thereof. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind FCTC in any respect whatsoever. Any notice to the Site that is required or permitted by this Agreement shall be in writing and shall be deemed effective upon receipt, when delivered in person by nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid, to THAV GROSS PC, 30150 Telegraph Road, Suite 444, Bingham Farms, MI 48025, Attn: Legal Dept.
Last Updated August 2012
FCTC COPYRIGHT POLICY
FCTC has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act. The address of FCTC's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy.
It is FCTC's policy to (1) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or Users; and (2) remove and discontinue service to repeat offenders. If you believe that Content residing on or accessible through the FCTC Site or Service infringes a copyright, please send a notice of copyright infringement by facsimile or regular mail (not e-mail) to THAV GROSS PC, 30150 Telegraph Road, Suite 444, Bingham Farms, MI 48025, Attn: Copyright Agent, Fax: 248-645-8205, containing the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the Content that is claimed to be infringing including information regarding the location of the Content that the copyright owner seeks to have removed, with sufficient detail so that FCTC is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, e-mail address;
- A statement that the notifier has a good faith belief that the Content is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Once proper infringement notification is received by the Designated Agent, it is FCTC's policy to remove or disable access to the infringing Content and to notify the Content provider or User that it has removed or disabled access to the Content; that repeat offenders will have the infringing Content removed from the Service and that FCTC will terminate such content provider's or User's access to the Site and the Service.
In the event that FCTC notifies User that FCTC has received proper infringement notification about User's Content, User may elect to send FCTC a counter notice.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
After we receive User's counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes User's personal information. By submitting a counter-notification, User consents to having User's information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.
After we send out the counter-notification, the claimant must notify us within ten (10) days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on FCTC. If we receive such notification we will not display, distribute or otherwise exploit the material. If we do not receive such notification, we may elect to do so.
Last Updated January 2014