Terms of Use

Last Modified 1/10/2022

This website (“Site”) is owned and operated by the National Association of Chapter 13 Trustees (“NACTT”, “we”, “us”, or “our”). Your access to and use of this Site is governed by the following Terms of Use (including all other terms incorporated by reference herein, the “Terms of Use”).

By accessing or using the Site, you expressly agree to be bound by these Terms of Use and to abide by these Terms of Use. This Site is offered and available to users who 18 years of age or older. By using this Site, you represent and warrant that you are of legal age to form a binding contract with NACTT.

THE ARBITRATION AGREEMENT IN SECTION 15.2 OF THIS THESE TERMS CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED. IN PARTICULAR, THE ARBITRATION AGREEMENT WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. FOR CLAIMS SUBJECT TO ARBITRATION, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.

IF YOU DO NOT MEET ALL OF THESE REQUIREMENTS, OR IF YOU DO NOT AGREE WITH THE TERMS OF USE, YOU MUST NOT ACCESS OR USE THE SITE.

Changes to Terms of Use. We may make changes to this Site and/or these Terms of Use at any time in our sole discretion and without notice, effective immediately upon posting to the Site. It is your responsibility to review the Terms of Use for updates or changes. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Site Access; Information Collected. You are responsible for: (a) making all arrangements necessary for you to have access to the Site; and (b) ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them.

To access the Site and some of the resources it offers, you may be asked to provide certain registration details or other information. It is your responsibility to ensure that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide through the Site is governed by our Privacy Policy, which is hereby incorporated by this reference, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
Site Content; Intellectual Property. The materials on the Site are for general information purposes only and should not be construed as legal advice, legal opinion, or any other advice on any specific facts or circumstances. You should not act or refrain from acting upon this information without seeking professional advice.

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by NACTT, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows: (a) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (b) you may store files that are automatically cached by your Web browser for display enhancement purposes; (c) you may print one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution; and (d) if we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not: (i) modify copies of any materials from this Site; (ii) use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; (iii) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site; or (iv) access or use for any commercial purposes any part of the Site or any services or materials available through the Site.

No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by NACTT and its licensors. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Trademarks. NACTT’s name, logo(s), and all other related names, logos, product and service names, designs, and slogans are trademarks of NACTT or its affiliates. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.
Prohibited Uses. Your use of the Site must be for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site: (a) in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (b) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Use; (c) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation; (d) to impersonate or attempt to impersonate NACTT, its employees, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); (e) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm NACTT or users of the Site or expose them to liability; (f) in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site; (g) use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site; (h) use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent; (i) use any device, software, or routine that interferes with the proper working of the Site; or (j) otherwise attempt to interfere with the proper working of the Site.
User Contributions. The Site may contain comment features and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Site. All User Contributions must comply with these Terms of Use. Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant NACTT and its affiliates and service providers, and their respective licensees, successors, and assigns a perpetual, irrevocable, royalty-free, transferable right and license to use, reproduce, modify, publish, perform, display, distribute, delete and otherwise disclose to third parties any User Contribution for any purpose throughout the world in any media, including through social media. You also grant us the right to use the name and social media handle that you use when you share content with us in connection with that content. When you share any User Contributions with us, you will disclose any affiliation you have.

You represent and warrant that: (a) you own or control all rights in and to the User Contributions and have the right to grant the license granted above; (b) all of your User Contributions do and will comply with these Terms of Use; and (c) you understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not NACTT, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site.
Monitoring and Enforcement; Termination. We have the right (but not the obligation) to (a) take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion; (b) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site; and (c) terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Use.
Links. If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. We do not monitor or review the content of other parties’ websites which are linked from this Site. Opinions expressed or materials appearing on such websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our Site to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other website connected to this Site or accessed through this Site yourself, before disclosing any personal information to them. NACTT will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Linking to Site. You may not create a link to any page of this Site without our prior written consent. If you do create a link to a page of this Site you do so at your own risk and the exclusions and limitations set forth in these Terms of Use will apply to your use of this Site by linking to it.
Copyright Infringement. We take claims of copyright infringement seriously. In appropriate circumstances and at our sole discretion, we may terminate and/or disable the accounts of users suspected to be infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in our sole discretion, we may remove or disable access to material on the Site or hosted on our systems that may be infringing or the subject of infringing activity.

In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to our designated agent:

National Association of Chapter 13 Trustees
Attn: Executive Director
Address: 1 Windsor Cove, Suite 305
Columbia, SC 29223
Phone: 1-800-445-8629
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
Restrictions. The owner of the Site is based in the state of South Carolina in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties. YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER NACTT NOR ANY PERSON ASSOCIATED WITH NACTT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE OR ANY OF THE CONTENT OR SERVICES MADE AVAILABLE THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER NACTT NOR ANYONE ASSOCIATED WITH NACTT REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE, ITS CONTENT, OR ANY SERVICES OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

EXCEPT AS EXPRESSLY STATED IN THESE TERMS OF USE, TO THE FULLEST EXTENT PERMITTED BY LAW, NACTT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL NACTT, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, FOR ANY: (I) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE OR PROFIT OR LOSS OF DATA, OR (II) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED OR PUNITIVE DAMAGES, IN EACH CASE ((I) AND (II)) REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE, WITH RESPECT TO THE SITE.

IN NO EVENT WILL NACTT’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT OF FIVE U.S. DOLLARS ($5.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY OTHER REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY AS SPECIFIED HERE AND, TO THE LEAST EXTENT AS ALLOWED BY LAW, SUCH EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification. You agree to defend, indemnify, and hold harmless NACTT, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, your User Contributions, or any use of the Site’s content, services, or products other than as expressly authorized in these Terms of Use.
Choice of law, mandatory arbitration, and venue

15.1.  Governing Law / Jurisdiction. These Terms of Use (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the state of South Carolina, United States of America, without regard to choice or conflicts of law principles. You and NACTT agree to the jurisdiction of the state and federal courts located within Columbia, South Carolina, to resolve any dispute, claim, or controversy that relates to or arises in connection with these Terms of Use (and any non-contractual disputes/claims relating to or arising in connection with them) and is not subject to mandatory arbitration under Section 15.2 below

15.2.  Arbitration Agreement. The terms of this Section 15.2 apply only to users in the United States.

15.2.1.  Dispute resolution and arbitration
You and NACTT agree that any dispute, claim, or controversy between you and NACTT arising in connection with or relating in any way to these Terms of Use or to your relationship with NACTT as a user of the Site (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms of Use) will be determined by mandatory binding individual (not class) arbitration. You and NACTT further agree that the arbitrator will have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of this Section 15.2 or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow these Terms of Use and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of these Terms of Use.

15.2.2.  Exceptions
Notwithstanding Section 15.2.1, you and NACTT both agree that nothing in this Section 15 will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (a) bring an individual action in a U.S. small claims court or (b) bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator. In addition, this Section 15 does not prevent you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).

15.2.3.  No Class Or Representative Proceedings: Class Action Waiver
YOU AND NACTT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and NACTT agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

15.2.4.  Arbitration rules
Either you or we may start arbitration proceedings. Any arbitration between you and NACTT will take place under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in force (the “AAA Rules”), as modified by this Section 15. You and NACTT agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above).

Any arbitration hearings will take place in Columbia, South Carolina, provided that if the claim is for $25,000 or less, you may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephonic hearing; or (3) by an in-person hearing as established by the AAA Rules.

If you choose to file an arbitration proceeding and you are required to pay a filing fee, NACTT will reimburse you for that filing fee, unless your claim is for greater than US $10,000, in which case you will be responsible for the filing fee. NACTT will pay any other arbitration fees, including your share of arbitrator compensation, unless otherwise required by AAA rules or court order. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

15.2.5. Notice; Process
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail, Federal Express, UPS, or Express Mail (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (“Notice”). NACTT’s address for Notice is set forth below at the end of the Terms of Use. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or NACTT may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or NACTT will not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. All documents and information disclosed in the course of the arbitration will be kept strictly confidential by the recipient and will not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s decision and award and will not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.

15.2.6.  Enforceability.
If this Section 15.2 is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described in Section 15.1 will govern any claim in court arising out of or related to these Terms of Use.
Miscellaneous.

16.1.  Waiver and Severability. No waiver by NACTT of any term or condition set out in these Terms of Use will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of NACTT to assert a right or provision under these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

16.2.  Entire Agreement. The Terms of Use and all other documents incorporated by reference constitute the sole and entire agreement between you and NACTT regarding the Site and its content and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site and its content.

16.3.  Assignment; Change of Control. You may not assign your rights or obligations under these Terms of Use, whether in whole or in part, without NACTT’s prior written consent. Any attempt to assign in violation of this Section is void in each instance. NACTT may freely assign any or all of its rights or obligations under these Terms of Use without restriction or prior written consent from you.

16.4.  Relationship of the Parties. Nothing in these Terms of Use will be construed to create a partnership, joint venture, agency, employment or any other relationship between you and NACTT.

16.5.  Notices. Communications made by e-mail or though this Site will in no way be deemed to constitute legal notice to NACTT regarding any existing or potential claim, or cause of action against us or any of our divisions, subsidiaries, affiliated companies, officers, employees, agents, or representatives, where notice is required by any federal, state or local laws, rules or regulations. We may send notices to you at the most recent address(es) we have in our files. Notices to NACTT may be sent as follows:

National Association of Chapter 13 Trustees
Attn: Executive Director
Address: 1 Windsor Cove, Suite 305
Columbia, SC 29223
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
Telephone: 1-800-445-8629