Legal Disclaimer/Terms and Conditions of Service
Legal Disclaimer/Terms and Conditions of Service:
Because of the possible unanticipated changes in governing statutes and case law relating to the application of the information contained on this website (divorcesource.com), the authors and creators and any and all persons or entities involved in any way in preparation of the website disclaim all responsibility for the legal effects or consequences of the interpretation of the information provided. Individuals intending to use divorcesource.com as an information resource should seek advice from family law professionals and experts. This website was not created and made available with the intention that it be used to procure aid in any legal matters in any jurisdiction.
Our website is provided to you free of charge, "as is". Divorce Source, Inc. uses its best efforts to manage the website, but is not responsible for the results of any defects that may be found to exist in the cause of lost profits or other consequential damages that may result from such defects. Do not assume the website is error free. Those sections of the website that are "fee based" and/or require "account activation" have an additional/separate set of terms and conditions of use. For these "fee based" and/ or "account activation" sections of the website you will be prompted to "click-to-accept" the additional/separate terms and conditions.
The website links to other websites located throughout the worldwide web and Internet. Divorce Source, Inc. makes no guarantees as to such websites and information including as to : the accuracy, currency, content, or quality nor to we endorse this websites in any fashion.
Divorce Source, Inc. is not responsible for the content of any pages of advertisements, or any infringement of any trademark, copyright or other rights of any party contained in the pages or advertisements submitted to Divorce Source, Inc., or any violation of any applicable laws, orders, rulings or regulations arising anywhere in the world from where the advertisements or pages can be accessed. This includes, but is not limited to: articles and information submitted for publication by our professional members and information posted inside our community forums.
Divorce Source, Inc. provides access to software and service type products such as, but not limited to; 3stepDivorce, 3StepAgreement, and 3StepNegotiation. When creating accounts through the URL divorcesource.com or ssl.divorcesource.com you may be subject to unique or additional Terms and Conditions of Use.
A. DESCRIPTION OF SERVICE
Divorce Source, Inc. currently provides users with access to a rich collection of online resources, including, various communications tools, online forums, shopping services, personalized content and branded programming through its network of web properties (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Divorce Source properties, shall be subject to these Terms and Conditions of Service (TOS). You understand and agree that the Service is provided "AS-IS" and that Divorce Source, Inc. assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user information, communications or personalization settings.
B. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to provide true, accurate, current and complete information about yourself as prompted by any of the Service's Registration Processes (such information being the "Registration Data") . If you provide any information that is untrue, inaccurate, not current or incomplete, or Divorce Source, Inc. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Divorce Source, Inc. has the right to suspend or terminate your use and refuse any and all current or future use of the Service (or any portion thereof).
C. VISITOR/MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive and or create a password and additional account designation information upon completing certain sections of the Service. You are responsible for maintaining the confidentiality of the password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Divorce Source, Inc. of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Divorce Source, Inc. cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
D. VISITOR/MEMBER CONDUCT
You understand that all information, data, text, software, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Divorce Source, Inc., are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. Divorce Source, Inc. does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Divorce Source, Inc. be liable in any way for any Content, including, but not limited to, for 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 or otherwise transmitted via the Service.
You agree to not use the Service to:
a. upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a Divorce Source, Inc. official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e. upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
h. upload, post, email or otherwise transmit any material that contains software 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;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
k. "stalk" or otherwise harass another; or
m. collect or store personal data about other users.
You acknowledge that Divorce Source, Inc. does not pre-screen Content, but that Divorce Source, Inc. and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Divorce Source, Inc. and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Service, including any reliance on the accuracy, completeness, or usefulness of such Service. In this regard, you acknowledge that you may not rely on any Service created by Divorce Source, Inc. or submitted to Divorce Source, Inc. You acknowledge and agree that Divorce Source, Inc. may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Divorce Source, Inc. its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
E. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
F. PUBLIC CONTENT POSTED TO THE WEBSITE
With respect to all Content you elect to post to other publicly accessible areas of the Service, you grant Divorce Source, Inc. the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
You agree to indemnify and hold Divorce Source, Inc., and its 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 out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
H. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Divorce Source, Inc. may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that Content will be retained by the Service.
I. MODIFICATIONS TO SERVICE
Divorce Source 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 Divorce Source shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Divorce Source, Inc., in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Divorce Source, Inc. believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Divorce Source, Inc. may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Divorce Source, Inc. may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Divorce Source, Inc. shall not be liable to you or any third-party for any termination of your access to the Service.
K. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Divorce Source, Inc. shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Divorce Source, Inc. has no control over such sites and resources, you acknowledge and agree that Divorce Source, Inc. is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Divorce Source, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
M. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
b. DIVORCE SOURCE, INC. 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 THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR 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 DISCRETION AND 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 ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DIVORCE SOURCE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
N. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DIVORCE SOURCE, INC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DIVORCE SOURCE, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM 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.
O. GENERAL INFORMATION
The TOS constitute the entire agreement between you and Divorce Source, Inc. and govern your use of the Service, superseding any prior agreements between you and Divorce Source. You also may be subject to additional terms and conditions that may apply when you use specific section of the Service, affiliate services, third-party content or third-party software. The TOS and the relationship between you and Divorce Source shall be governed by the laws of the State of Pennsylvania without regard to its conflict of law provisions. You and Divorce Source, Inc. agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Lehigh, Pennsylvania. The failure of Divorce Source, Inc. 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 nevertheless agree that the court should endeavor to give effect to the parties' intentions 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 related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
P. DISPUTE RESOLUTION BY BINDING ARBITRATION AND CLASS ACTION WAIVERPLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.
Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our Customer Service Department at 1-800-680-9052.
However, if Divorce Source, Inc. is not able to resolve a dispute with you after attempting to do so informally, then as a condition to your use of the Service we mutually agree to resolve such dispute through binding arbitration. The arbitration will be held in the United States county where you live or work, or any other location as to which we may then mutually agree. A party seeking arbitration must first send to the other, by certified mail, a written notice of dispute.
Any notice to Divorce Source, Inc. should be addressed to Divorce Source Inc., P.O. Box 1580, Allentown, PA 18103. Any notice to you shall be sent to your address as set forth in Divorce Source's records of account or such other legal address as Divorce Source. Inc. is able to identify.
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.
Notwithstanding our agreement to arbitrate our disputes as provided above, the following exceptions will apply to the resolution of disputes between us:
Either you or Divorce Source, Inc. may assert claims, if they qualify, in small claims court in Allentown, Pennsylvania or in any United States county where you live or work without first engaging in arbitration or the informal dispute-resolution process described above.
Divorce Source, Inc. may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any unauthorized use or abuse of the software and service without first engaging in arbitration or the informal dispute-resolution process described above.
Divorce Source, Inc. may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any intellectual property infringement without first engaging in arbitration or the informal dispute-resolution process described above.
Divorce Source, Inc. may, in the future, make changes to these provisions regarding dispute resolution and arbitration by providing notice in accordance with the section of these Terms entitled "Modifications" below. You may reject any changes made by sending us written notice. Such notice must be given within thirty (30) calendar days of the notice of modification to the following address: Divorce Source, Inc., P.O. Box 1580, Allentown, PA 18105.
Q. ENTIRE AGREEMENTThese Terms constitute the entire agreement between you and Divorce Source, Inc. with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
R. WAIVER, SEVERABILITY, AND ASSISGNMENTDivorce Source's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Divorce Source, Inc. may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
S. MODIFICATIONSWe may revise these Terms from time to time, and will always post the most current version with in your account. If a revision meaningfully reduces your rights, we will notify you (by, for example, posting on our blog or on this page). By continuing to use or access the software and service after the revisions come into effect, you agree to be bound by the revised Terms.
If you have any questions or concerns, please contact us at any time.
The Divorce Source Difference
Since February 1st, 1997 (when we initially launched Divorcesource.com) we have helped millions of people contemplating or experiencing divorce. The reason we have been able to reach so many people is because we have made it a priority to listen to our customers. We have built a trust by listening and delivering what the customer needs, rather than what we think they want. This is the Divorce Source difference.
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