Trustees’ Education Network Online Course
DISCLOSURES Last Updated: 6 August 2019
Trustees' Education Network ("TEN"), as a supplier, makes the following disclosures to Debtors in accordance with 28 CFR 58.33 (k):
FEE POLICY: Debtors will not be charged any fees by TEN or a Chapter 13 trustee for this course. This course is free to Debtors.
TEN is a nonprofit organization. To cover the costs of development, maintenance, and administration of the course, TEN may charge a participating Chapter 13 trustee $15.00 for each debtor in a Chapter 13 case in which they have been appointed, that the trustee allows to take the course. No charge will be made for TEN to generate the certificate for each debtor after the end of the course. TEN is prohibited from paying or receiving referral fees for the referral of debtors.
BILINGUAL EDUCATION: English and Spanish are available on this website free to Debtors. TEN provides no professional assistance language interpreter for any language.
INSTRUCTORS’ QUALIFICATIONS: This course was written and developed by Dr. Karen Varcoe, Ph.D., Consumer Economics Specialist, University of California-Riverside, Dr. Sharon Seiling, Ph.D., Professor and Extension Specialist Ohio State University and Amy Tate-Almy, Accredited Financial Counselor®. Questions about substantive course materials will be answered by email by an authorized instructor who has had several years of experience in the area of personal finance, budgeting or credit or debt management.
CERTIFICATES: A debtor will receive a Certificate from TEN only if the course is completed with the intention of obtaining a Certificate. TEN is obligated to provide the certificate promptly. No later than three working days after completion of the course a copy will be sent by email to the debtor.
TEN might disclose Debtor information to the Administrator or the U.S. Trustee in connection with the U.S. Trustee’s or Administrator’s oversight of TEN or during the investigation of complaints, during on-site visits, or during quality of service reviews.
COURSE U.S. TRUSTEE REVIEW: The United States Trustee has reviewed only this instructional course. The United States Trustee has neither reviewed nor approved any other service to Debtors. TEN offers no other services to debtors.
TERMS OF SERVICE
1. ACCEPTANCE OF TERMS
TEN provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by TEN from time to time without notice. In addition, when using particular services TEN, will be subject to guidelines or rules applicable to such services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. By accepting, you agree to the Terms of Service.
2. DESCRIPTION OF SERVICE
TEN currently provides users with access to a personal financial management course online at https://www.13class.com approved by the United States Trustee, pursuant to 11 USC Section 111 (d) (the "Service"). You understand and agree that the Service may include certain communications from TEN, such as service announcements and administrative messages. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new properties, you will be subject to the TOS. You understand and agree that the Service is provided "AS IS", and that TEN assumes no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalization settings delivery. You are responsible for obtaining access to the Service and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to (a) provide true, accurate, current and complete information about yourself as required in the Service's registration form (such information being the "Registration Data”); (b) you must be a debtor named in a case currently in Chapter 13 bankruptcy, and (c) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. Representatives of debtors cannot act in the name of the debtor to access this data.
5. MEMBER ACCOUNT, PASSWORD, AND SECURITY
You will receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify TEN of any unauthorized use of your password or account or any other violation of security, and (b) ensure that you exit from your account at the end of each session. TEN cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
Under no circumstances will TEN be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the Service.
You agree to indemnify and hold TEN, and subsidiaries, affiliates, officers, agents, co-branders or other partners and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising due to use of the Service, connection to the Service, violation of the TOS, or violation of the rights of another, by you or any other user of your account. Nothing herein shall apply to actions or claims under the provisions of the Bankruptcy Code of the United States, 11 USC Sec. 101 et seq.
8. NO RESALE OF SERVICE
The Services are for your personal use. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service or using the Service, or access to the Service for commercial purposes.
9. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that TEN may establish general practices and limits concerning use of the Service, including the maximum number of times and the maximum duration for which you may access the Service in a given period of time. You acknowledge that TEN reserves the right to log off accounts that are inactive for an extended period of time. You also recognize that TEN reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
10. MODIFICATIONS TO SERVICE
TEN reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that TEN shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.
You agree that TEN can, under certain circumstances and without prior notice, immediately terminate your account and TEN access to the Service. Cause for such termination shall include, but not be limited to: (a) breaches or violations of requests for law enforcement or other government agencies TOS or other incorporated agreements or guidelines, (b) a request by you (auto -initiated account deletions), (c) discontinuance or material modification to the Service (or any part thereof), (d) unexpected technical issues or problems. TEN Termination of your account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related Information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. In addition, you agree that all terminations for cause at the sole discretion of TEN were made and TEN will not be liable to you or any third party for any Termination of your account, any associated email address or access to the Service.
The Service may provide, or third parties may provide, links to other sites or resources in the World Wide Web. Because TEN has no control over such sites and resources, you acknowledge and agree that TEN is not responsible for the availability of such external sites or resources and does not endorse and is not responsible for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that TEN will not be responsible, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or reliance on any such Content, goods, or services available on or through any such site loss or resource.
13. TEN PROPERTY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by copyright and other laws. You further acknowledge and agree that Content or information presented to you through the Service are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by TEN, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Software, in whole or in part.
14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT a. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TEN expressly disclaims ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. b. TEN MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL. d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TEN OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
15. LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT TEN NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY, CONSEQUENTIAL, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR INABILITY TO USE THE SERVICE, (ii) THE COST OF PROCUREMENT OF GOODS AND SERVICES RESULTING FROM ANY GOODS REPLACEMENT, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (v ) ANY OTHER MATTER RELATING TO THE SERVICE.
16. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for DIRECT OR INDIRECT DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 14 AND 15 MAY NOT APPLY TO YOU.
Notices to you may be made via e-mail or regular mail, or both. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
18. TRADEMARK INFORMATION
TEN, the TEN logo and service marks and other logos and TEN product and service names are trademarks and property of the Trustees' Education Network. Without the prior permission of TEN, you agree not to display or use in any manner, the TEN frames.
19. COPYRIGHTS AND COPYRIGHT AGENTS
TEN respects the intellectual property of others, and we ask our users to do the same.
20. GENERAL INFORMATION
The TOS constitute the entire agreement between you and TEN and govern your use of the Service, superseding any prior agreements between you and TEN. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and TEN are governed by the laws of the State of California without regard to its conflict of law provisions. You and TEN agree to submit to the personal and exclusive jurisdiction of the courts of the State of California. TEN's failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to interpret the intentions of the parties as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to the use of the Service or the TOS must be filed within one year after such claim or cause of action or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to our Customer Care Team: Trustees' Education Network Customer Terms of Service. Ask for Aimee Hiers 803-252-5646.
Trustees’ Education Network Online Course, Disclosures
NOTICE: CLICK HERE for important information about the privacy of the Federal Trade Commission. (https://www.consumer.ftc.gov/topics/privacy-identity-online-security)
and receives about you, including information related to your past use of TEN products and services. Personal information is information about you that is personally identifiable like your name, address, email address or telephone number, and that is not otherwise publicly available. This policy does not apply to the practices of companies that TEN does not own or control or persons that TEN does not employ or manage.
INFORMATION COLLECTION AND USE
TEN collects personal information when you register with the TEN, when TEN products or services are used or when you visit TEN web pages. When you register, we ask for information such as your name, email address, last four digits of your social security number, and case number. Once registered, with TEN and access to our services, you are not anonymous to us. TEN collects information on our server logs from your browser including your IP address, TEN cookie information and the page you request. TEN uses this information for the following general purposes: to fulfill your requests for products and services, improve our services, conduct research, and provide anonymous reporting for internal purposes.
Sharing and Disclosure
TEN does not rent, sell or share personal information obtained from our website about you with other people or nonaffiliated companies except to provide products or services you've requested, when we have your permission, or under the following circumstances: We respond to subpoenas, court orders or legal process, or to establish or exercise our legal rights or defend against legal claims; We believe it is necessary to share information in order to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of TEN conditions of use, or as required the law; We may
By accessing the TEN website or service, TEN may set and access cookies on your computer for login and authentication purposes. A cookie is a name given to a web browser from a web server which is then sent back to the web server each time the browser requests a page from the message. You must have cookies enabled in your browser to allow authentication.
CONFIDENTIALITY AND SECURITY
We limit access to personal information about you to employees and contractors who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their job. We have physical, electronic and procedural safeguards that comply with best practices of the industry and safety standards of current information to protect the personal information of its user’s safety. Your TEN Account information is password protected. In certain areas of the TEN you can use SSL industry standard encryption and other secure to protect data and data transmission methods.
TEN may update this policy at any time. If there is a change of privacy during your use of the TEN website, or course, or service, TEN will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your TEN account or by placing a prominent notice on our site.
QUESTIONS AND SUGGESTIONS
Even before the adoption of the reform of bankruptcy, the National Association of Chapter Thirteen Trustees (NACTT) realized the value of the debtor education. At the suggestion of trustees with experience in education programs debtors, the NACTT established an independent not-for-profit organization called the Trustees' Education Network, TEN, in 1998. In essence, TEN was established by trustees. The organization is governed by a Board of volunteers, most of which are Chapter 13 trustees.
The effects of TEN:
• Assess the needs of Chapter 13 trustees and serve as a conduit peer-guided for the delivery of education programs consistent financial management for debtors they serve.
• Develop quality materials suitable for the debtor participants of the various class education.
• Provide positive, motivating programs at no cost to bankruptcy debtors.
• Keep tools for monitoring and evaluation to ensure the quality of educational programs.
TEN has developed quality debtor educational materials, either written or electronic. These are available for Chapter 13 trustees who choose to provide financial management education to debtors they serve. Written materials to a person in the class include detailed instructor manual, detailed instructions on how to develop an education program, counseling for classroom instruction, general transparency masters and videos on the foundations of Chapter 13 and the foundations of the money management. These written materials have been translated into Spanish.
In 2012, TEN contracted with the University of California-Riverside to develop English and Spanish this course online education Debtor, with the support of experienced trustees and Chapter 13 debtor education instructors.
Funded and Provided by Trustees Education Network (TEN)
Project Manager: Karen P. Varcoe, University of California, Riverside
Karen P. Varcoe, University of California, Riverside
Constance Costello of the University of California, Riverside
Sharon Seiling, The Ohio State University
Amy Tate-Almy, Accredited Financial Counselor®
English, Mike Poe
In the host screen: Gigi Palomera
Lesson website and Production and Systems Manager: Mike Poe, Maverick Communications
Copyright©2014-19 Trustees' Education Network. All rights reserved.
Last Updated: 6 August 2019