This web site (the “SITE”) is created and maintained by Bankruptcy Management Solutions, Inc. d/b/a Stretto (“STRETTO” and “we”).  These TERMS AND CONDITIONS OF USE (the “TERMS”) dictate the terms upon which you may access and use the SITE. You agree to be legally bound by the TERMS. 

We reserve the right to modify the TERMS at any time. You should check the TERMS periodically for changes as new terms and conditions take effect immediately upon posting. By using the SITE after changes have been made, you agree to accept the changes regardless of whether or not you have reviewed them. If at any time you choose not to accept the posted TERMS, you must refrain from using the SITE.

General Terms and Disclaimers

STRETTO maintains this SITE as an informational resource only.  You should not construe the SITE’s contents as legal, financial or other professional advice, or rely on the same as a substitute for legal, financial or other professional advice.  Unless expressly stated, the SITE’s contents do not represent STRETTO’s or any party’s official position on any subject matter. You should not take any action or refrain from taking any action based upon the SITE’s content without seeking legal counsel from a licensed attorney.    

The SITE is not intended for use by children and STRETTO does not intend to collect information about children through the SITE. STRETTO defines children as individuals under the age of 18.

No Warranties or Guarantees

You expressly understand and agree that your use of the SITE and/or the information contained thereon is at your sole risk. All content offered on or through the SITE is provided on an "as is" or "as available" basis.  STRETTO expressly disclaims all warranties, guarantees, representations and conditions of any kind, whether express or implied, including but not limited to, any implied warranties or conditions of merchantability, fitness for a particular purpose, title or noninfringement. STRETTO does not guarantee or warrant (i) that the information provided through this SITE is or will be accurate, complete, current, timely, uninterrupted or error-free; or (ii) that any specific results, reliable or otherwise, may be obtained from the use of the SITE.

Except as expressly agreed by STRETTO, STRETTO does not undertake any obligation to correct, update, modify, revise or reorganize the information provided through the SITE, or to notify you or any third party should the information be corrected, updated, modified, revised or reorganized. In addition, STRETTO does not endorse or warrant, and disclaims all liability for, any third-party content that may be linked to or otherwise accessed from this SITE.

Limitation of Liability

STRETTO shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages arising out of or caused in whole or in part by (i) your access to, use of, or inability to use the SITE and the information contained thereon; and/or (ii) STRETTO’s acts, errors or omissions, whether negligent or otherwise, in procuring, compiling, gathering, formatting, interpreting, reporting, communicating or delivering the information contained in the SITE.  This limitation of liability includes foreseeable and unforeseeable damages, however caused, even if STRETTO is advised of the possibility of such damages. 

Some jurisdictions either do not allow or place restrictions upon the exclusion or limitation of damages in certain types of agreements.  For these jurisdictions, the aforementioned limitation on liability shall be to the maximum degree permitted by applicable law. If, notwithstanding the above, liability is imposed upon STRETTO, you agree that STRETTO's total liability to you (and any of your minor children) for any or all of your losses or injuries (or those of your minor children) from STRETTO's acts or omissions, regardless of the nature of the legal or equitable claim, shall not exceed the amount paid by you to STRETTO for any services you purchase from STRETTO.

Links to Third-Party Web Sites

For purposes of convenience, the SITE may contain links to other web sites operated by third parties.  STRETTO makes no representations or warranties about any third-party web site that you may access through said links, and does not endorse, adopt, or otherwise accept any responsibility for the content of any linked third-party web sites or for damages you may sustain from your access to, use of, inability to use, or reliance upon any linked third-party web site.  

Privacy Policy

You acknowledge receipt of our Privacy Policy posted at https://www.stretto.com/privacy-policy/  and certify that you have read it, understand it, and agree to be legally bound by its terms. By accessing the SITE, you agree that STRETTO may collect, use and share your personal information in accordance with the terms of its Privacy Policy and to the extent necessary to process any requests or address any communications that you submit. 

Cookies and SITE Analytics

STRETTO places cookies, or small files, on your computer’s hard drive when you visit the SITE (if you allow it). Cookies enable us to recognize you and remember your preferences for future visits.  Cookies also allow us and third-party services acting on our behalf, such as Google Analytics, to compile aggregate data about SITE traffic and user interactions with the SITE.  For more information, please read our Privacy Policy posted at https://www.stretto.com/privacy-policy/.

Intellectual Property and Restrictions on Use

The STRETTO name, logo and products or services referenced herein are trademarks, service marks or registered trademarks of Bankruptcy Management Systems, Inc., or its family of companies.  No STRETTO trademark or service mark may be used by any third party without the prior written consent of Bankruptcy Management Systems, Inc. All other product names, company names, marks, logos, and symbols may be the trademarks of their respective owners.

None of the images, text, screens, documents, graphics, sounds, images, data and other information used and/or displayed on the SITE (the “Content") may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of STRETTO. In addition, no one is permitted to modify, reverse engineer, create derivative works from or otherwise use any Content available on this website for any public or commercial purpose. Unauthorized use of the Content may violate copyright, trademark and other intellectual property laws.

Modification and Termination

STRETTO may, at its discretion, modify, change, or discontinue the SITE or any Content on the SITE, and/or access to the SITE or any portion thereof, at any time, with or without notice. Likewise, STRETTO may suspend your access to any part of, or all of the SITE, and any Content obtained via the SITE, at any time, with or without cause, with or without notice, and effective immediately, for any reason whatsoever. You agree that STRETTO will not be liable to you or to any third party for any modification or discontinuance of the SITE, the Content, or your access to the same.

The TERMS are effective until terminated by STRETTO. In the event of termination, the provisions contained in the sections herein entitled “General Terms and Disclaimers”, “No Warranties or Guarantees”, and “Limitation of Liability” will survive.  

Communications

You should use the following information to contact us regarding the SITE or these TERMS:

Stretto
5 Peters Canyon, Suite 200
Irvine, CA  92606
Phone:  800-634-7734
Email: web-webmaster@stretto.com

Except as otherwise provided, we may send any notices to you to the most recent e-mail or postal address you have provided to us or, if you have not provided an e-mail address, to any e-mail or postal address that we believe to be your address.

Applicable Law

By utilizing this SITE, you agree that your rights and obligations, as well as the rights and obligations of STRETTO, shall be governed, at STRETTO’s sole discretion, by the laws of the State of California and applicable federal law, without regard to any conflict of law provisions.  You agree that any and all disputes arising under these TERMS or out of STRETTO's provision of SITE pursuant to these TERMS or otherwise, if submitted to a court of law, shall be submitted to the state and federal courts with jurisdiction in Orange County, California, USA.

Miscellaneous

In the event of a conflict between these TERMS and any other notice, policy, disclaimer or other term contained in the SITE or in the products and services provided to you through the SITE, these TERMS will control. If any portion of these TERMS is deemed invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and carried into effect, to the fullest extent permissible.

These TERMS represent the entire understanding concerning your use of the SITE and prevail over any prior or contemporaneous, conflicting or additional communications. If you do not agree with these TERMS, please do not use this SITE.  Any rights not expressly granted herein are reserved.