ESPAÑOL Call Now: 800-550-1961 REQUEST A CALL MY PORTAL HOME GREENPATH TERMS OF USE Effective Date: November 16, 2020 PLEASE READ THESE TERMS CAREFULLY. YOUR USE AND INTERACTION WITH OUR WEBSITE, PORTAL AND/OR SERVICES INDICATE THAT YOU ACCEPT AND AGREE TO THESE TERMS OF USE AND OUR PRIVACY POLICY. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS SITE OR OUR SERVICE. To review the Terms of an individual section, click on the link to the section below. Use of Site and/or Service Registration Requirements Account Responsibility Text Messaging Privacy Policy and Release of Information User Conduct Content Site Security and Conduct System and Network Security Intellectual Property Rights Copyright and DMCA Take-Down Financial Information Worksheets Bankruptcy Services Representations Disclaimer of Warranty Links to Other Website Indemnity Governing Law Limitation of Liability Statute of Limitations General Term Disclosures and Consequences of Violation of Terms Changes to Terms of Use and Privacy Policy Contact Us Use of Site and/or Service The GreenPath website at www.greenpath.com and the GreenPath Portal (“Site“) and the services provided (“Service“) are maintained and operated by GreenPath, Inc. (“us,” “we,” “our,” or “Company”) with its registered office at 36500 Corporate Drive, Farmington Hills, MI 48331. GreenPath has one goal: Empowering people to lead financially healthy lives. Thus, we offer this Site and Services for you to view information and documents (collectively, “Materials”), use chat and message services (“Forums”) as they are made available from time to time in our sole discretion, and make purchases of our products and services as such functionality is made available from time to time in our sole discretion. Please note that you must be at least 18 years of age to use the Services on this Site. If you breach any of the Terms in these Terms of Use (“Terms”), your authorization to use this Site or these Services automatically terminates. Registration Requirements Registration is not required or necessary to browse our Site. You may voluntarily provide your contact information for a GreenPath employee to contact you regarding our services. As a GreenPath client, you have the opportunity to view your personal documents online and use advanced messaging services. In order to do so, you must first set up your user name and password using a valid email address. You agree that the information you supply will be accurate and that you will not supply the email address of, or register under the name of, another person. We reserve the right to reject any username we deem offensive or inappropriate. Users of the Site (“Users”) may not register as a business name. Account Responsibility Users are solely responsible for protecting their accounts from access by others. You are strongly encouraged to select a hard-to-guess password and not re-use that password on any other sites where it may be read by the owners or administrators of that site. You agree to notify GreenPath, Inc. immediately of any unauthorized use of your account. While it is acceptable for Users to maintain multiple accounts, GreenPath can and does track multiple shared accounts from a single or multiple computers as one account in terms of these Terms of Use violations. If the Terms of Use are violated severely enough to warrant the banning of one account, all known accounts shared between a single or multiple Users who use the same computer may also be banned for the actions of the violating account at the administrators’ discretion. Because of this rule, it is highly recommended that Users do not share their accounts with others, nor share their computers used to access the site with others, as the actions of some other person could easily directly impact all known shared message board accounts. Should a user be temporary blocked from the site based on violations of these Terms of Use, we ask that they comply with the banned period. Permanent bans will result should Users intentionally abuse access or “hack” their way onto the site using Proxy IP addresses. Text Messages You will receive text reminders related to our Services. Frequency may vary by account and preferences. STANDARD DATA FEES AND TEXT MESSAGING RATES MAY APPLY BASED ON YOUR PLAN WITH YOUR MOBILE PHONE CARRIER. As mobile access and text message delivery is subject to your mobile carrier network availability, such access and delivery is not guaranteed. You may opt-out of text delivery at any time by texting STOP in response to one of our text messages, BY TEXTING STOP TO (855) 218-7795, (855) 219-4486, (855) 219-4426, (866) 564-6468, OR (866) 750-7545, OR BY CONTACTING US AT (800) 550-1961. Privacy and Release of Information Under normal circumstances, GreenPath will never release your provided information to any third party without your consent. However, in cases of Terms of Use violations or illegal activities, we reserve the right to forward any and all known information about you and your accounts to your ISP (including libraries, schools, and places of employment), email service provider, your ISP account owner (if someone else is actually paying for it), and any parties whose copyright has clearly been infringed by your actions on the boards, or requests from law enforcement authorities. All of the information that we collect from you, such as registration and credit card information, is subject to our Privacy Policy. Please click here to see our full Privacy Policy. User Conduct You agree that you will not use the Site to perform the following actions: Impersonation Users may be immediately banned (along with any associated accounts) for impersonating other Users by creating and/or using an account with a name clearly intended to impersonate, mock, or antagonize another user, or otherwise falsely claiming to be another message board member. Unauthorized Access Accessing or attempting to access any GreenPath user account not belonging to the user in question without permission is prohibited. Accessing another user’s account in this manner is grounds for immediate loss of all known accounts, and may result in criminal and civil liability. Bugs and Exploits Using exploits or tricks in the GreenPath code to gain privileges, access, or abilities not clearly intended by the board design is prohibited. Making exploits public or using them for personal benefit is grounds for immediate loss of all known accounts, and may result in criminal and civil liability. Other Any other activity that is clearly detrimental to the flow of conversation and normal activities of GreenPath and its Users may also be deleted. Content Ownership Our Site and Service include a combination of content that we create, that our partners create, and that our Users create. All materials published by GreenPath on our Site or as part of our Service, including, but not limited to written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and Flash animation, are protected by our copyrights and trademarks or those of our partners. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on our Site in whole or in part. If you would like to request permission to use any of the content on our Site or from our Service, please send an email to compliance@greenpath.com. The content of our Site and Service are protected under the copyright laws of the United States and other countries. All individual articles, content and other elements comprising the Site are also copyrighted works. By posting content to the Site, you automatically grant the right to GreenPath to use, copy, modify, adapt or publish the content that you post, for any purpose. GreenPath is under no obligation to pay you for your posting content to the Site. You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available (“Your Content”). You certify that you own all intellectual property rights in Your Content. You hereby grant us, our affiliates, and our partners a worldwide, irrevocable, royalty-free, nonexclusive, sublicensable license to use, reproduce, create derivative works of, distribute, display, transfer, transmit, distribute, and publish Your Content and subsequent versions of Your Content for the purposes of (i) providing you services, (ii) improving GreenPath services, and/or (iii) storing Your Content in a remote database for use relating to the services. This license shall apply to the distribution and the storage of Your Content in any form, medium, or technology now known or later developed. Accuracy Our Site contains content that we create as well as content provided by third parties, including without limitation postings by Users. By viewing the Site content, you agree that all content on the GreenPath Site is the responsibility of the person from which the content originated. You agree that neither GreenPath nor its sponsors or affiliates are responsible for any content that you personally post or upload. GreenPath does not control any content posted by Users, and does not guarantee the truthfulness, accuracy or quality of any content. You agree that while using the GreenPath Site and Service, you may be exposed to content that is offensive or objectionable to you, and that you will in no way hold GreenPath, its sponsors or affiliates liable in any way, shape, or form for any harm or loss that may come to you or others as a result of viewing this content. Site Security and Conduct Any Material we upload to this Site will be accessible to all Users. We have incorporated all reasonable and commercially available measures to protect the Site from unauthorized access. Any unauthorized commercial use of the Service is expressly prohibited. You agree to comply with all applicable local, state, national, and international laws and regulations and are solely responsible for all acts or omissions that occur under your user ID or password. You must protect the confidentiality of your password, and you should change your password periodically. You are also responsible for the acts or omissions of any individual to whom you grant access—either intentionally or unintentionally—by sharing your user ID or password. Further, by way of example and not as a limitation, you agree not to: use the Site or Service in connection with chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise); harvest or otherwise collect information about others, including e-mail addresses, without their consent; create a false identity or forged e-mail address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message; transmit through the Site or Service any Materials that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material of any kind or nature; transmit any material that contains viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; violate any U.S. law regarding the transmission of technical data or software exported from the United States through the Site or Service; interfere with or disrupt networks connected to the Site or Service or violate the regulations, policies or procedures of such networks; attempt to gain unauthorized access to the Site or Service, other accounts, computer systems or networks connected to the Site or Service, through password mining or any other means; or interfere with another User’s use and enjoyment of the Site or Service. System and Network Security Violations of system or network security are prohibited, and may result in criminal and civil liability. We will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. You must take reasonable security precautions in light of your use of the Site and Service. You are solely responsible for any breaches of security affecting the servers under your control. Intellectual Property Rights The Service and this Site, including all the software and code comprising or used to operate the Service and Site, and all content, trademarks, or copyrighted works provided by GreenPath is owned by GreenPath or by third parties who have licensed their rights to GreenPath. No right, title, or interest in the Site or Service or any GreenPath content is transferred to you under these Terms of Use. You agree not to use, display, reproduce, retransmit, modify, distribute, disseminate, sell, publish, broadcast, circulate, display or in any way exploit any content, in whole or in part, by any means except as expressly set forth in these Terms of Use, unless you first obtain our written permission. You agree not to decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell, or exploit any content or any aspect of the Site or the Service, in whole or in part, by any means, unless you first obtain our written permission. Copyright and DMCA Take-Down If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify our Agent for notice of claims of copyright or other intellectual property infringement at: compliance@greenpath.com. While we do not have any obligation to remove content merely because of a removal request, GreenPath will review all such requests and will remove content that we determine should be removed, in our sole discretion and in accordance with these Terms of Use (including our Privacy Policy) and applicable law. If you are requesting removal of content due to a violation of your copyrights, follow the procedure described in the next paragraph. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you are the copyright owner (or are authorized to act on behalf of the copyright owner), please notify our Copyright Agent immediately at compliance@greenpath.com of any copyright infringement. As soon as we receive your notice of claimed infringement, in the form described below, we will promptly review the claim and remove or disable access to materials that are claimed to be infringing or the subject of infringing activity. Your notice must be in writing and must provide the following information: Identify the material on the Site that you claim is infringing in sufficient detail so that we can find it; Include the specific statement that you have a good faith belief that the disputed use you have identified is not authorized by the copyright owner, its agent, or the law; Include the specific statement in which you declare, under penalty of perjury, that (a) the information you have provided is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; Your address, telephone number, and email address; and Your physical or electronic signature. Financial Information Worksheets Once you have registered on our Site you may be able to access financial worksheets to prepare for your session with a counselor. During this process we require you to enter personally identifiable information, including your name, address, phone number, and email address. This information is needed to identify you when you call for services and allows us to complete your session more quickly. We may also use your email address to send you information about services we have provided to you. We will not use your email for solicitation. You may log into this Site at any time and update or remove your email address. Bankruptcy Services The Executive Office of the U.S. Trustee does require GreenPath to submit client information in order to generate a pre-filing or pre-discharge certificate associated with bankruptcy services. The information provided may include client name, bankruptcy case number, bankruptcy district and division, and the date and time services are provided. Representations You represent and warrant that you will not hold us responsible for the quality, safety, or accuracy of the Materials on the Site. We provide no warranty or guarantee regarding the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any purposes. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. If you are aware of any relevant errors, inaccuracies, or discrepancies, including pricing discrepancies please alert us at compliance@greenpath.com. Disclaimer of Warranty ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, GREENPATH DISCLAIMS ANY WARRANTIES: (i) FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SITE AND THE SERVICE; (ii) FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE COMPANY SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE SITE; OR (iii) FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SITE OR THE SERVICE. YOU AGREE TO USE ANY INFORMATION OR MATERIALS ON THIS WEBSITE ENTIRELY AT YOUR OWN RISK. IT IS YOUR RESPONSIBILITY TO ENSURE THAT ANY PRODUCTS, SERVICES, OR INFORMATION AVAILABLE THROUGH THIS WEBSITE MEET YOUR SPECIFIC REQUIREMENTS. Links to Other Websites The Service or Site may provide or contain links to other websites or resources that are neither controlled nor endorsed by GreenPath. The Site may also include widgets or buttons that allow you to share, post, retweet or otherwise use content from the Site to interact with other social media platforms (“Social Media Features”). The privacy policy and terms of use for utilizing Social Media Features are governed by the social media platform utilized. GreenPath is not responsible in any manner for any content, advertising, products or other materials on or available on linked sites or through Social Media Features. Indemnity You agree to indemnify and hold us, our officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Materials you submit, post or make available through the Service, your use of the Service, your violation of these Terms of Use, your breach of any of the representations and warranties in these Terms of Use, or your violation of any rights of another person or entity. Governing Law These Terms of Use and the relationship between you and GreenPath shall be governed by and construed in accordance with the laws of the State of Michigan, U.S.A. without reference to its conflicts of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. Any legal action or proceeding relating to your access to, or use of, this Site, Service, or these Terms of Use shall be instituted only in a state or federal court located in the State of Michigan, U.S.A. You and GreenPath irrevocably agree to submit to the jurisdiction of such courts. You expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum. If the courts of the country in which you reside should determine that the provisions of this paragraph are not enforceable, then you agree to submit to binding arbitration. These Terms of Use constitute the entire agreement between the parties with respect to the subject matter that it describes and supersede all prior proposals, negotiations, conversations, discussions and agreements between the parties concerning the subject matter hereof. Limitation of Liability UNDER NO CIRCUMSTANCES SHALL GREENPATH, OR ITS SPONSORS, LICENSORS, OR SERVICE PROVIDERS, OR ANY OF ITS OR THEIR REPRESENTATIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS (COLLECTIVELY THE “RELEASED PARTIES”), BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY LOSSES OR FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE OR THE SERVICE, FROM INABILITY TO USE THE SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE OR THE SERVICE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIFIC, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, OR PROFITS), WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR THE SERVICE OR ANY LINKS ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR THE SERVICE OR ANY LINKS ON THE SITE. IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED AND SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SYSTEM. Statute of Limitations You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Site, Service or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. General Term Disclosures and Consequences of Violation of Terms As used in these Terms of Use, the term “including” means “including, but not limited to.” Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure at any time to require performance of any provisions of these Terms of Use or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. If any provision of these Terms of Use is held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions. The remaining provisions of these Terms of Use shall remain in full force and effect. We may, without notice to you, suspend your Service or remove any Materials transmitted via the Site if we discover facts that lead us to reasonably believe the Site service is being used in violation of these Terms of Use. You agree to cooperate with our reasonable investigation of any suspected violation of these Terms. We may attempt to contact you prior to your suspension; however, prior notification is not assured. Changes to Terms of Use and Privacy Policy We reserve the right to update or modify these Terms of Use and Privacy Policy at any time, without prior notice, by posting the revised version of these Terms of Use and Privacy Policy behind the link marked “Terms of Use” or “Privacy Policy” at the bottom of each page of our Site. When we change the Terms of Use and Privacy Policy, we will update the Effective Date at the top of this page. Your continued use of our Service after we have posted the revised Terms of Use and Privacy Policy constitutes your agreement to be bound by the revised Terms of Use or our privacy practices. Contact Us If you have any questions regarding these Terms of Use, please contact us by email at compliance@greenpath.com or via post: GreenPath 36500 Corporate Drive Farmington Hills, MI 48331 Social Facebook Social Twitter Social Instagram Social Linkedin Social You Tube © 2021 GreenPath, Inc. 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