1. Divorce Source Web Page Eligibility Criteria
In order to participate in creating and maintaining a Divorce Source Web Page you MUST be an individual or company that offers divorce related services and/or products to people who are contemplating, experiencing or have experienced divorce.
These services and products include but are not limited to:
1. Lawyers/Law Firms
2. Family/Divorce Mediators
3. Psychologists/Therapists
4. Financial Planners/Analysts
5. Divorce Planners
6. Divorce Support Groups
7. Divorce Rights Groups
8. Investigators
9. Process Servers
10. Appraisers
11. Paralegal Services
12. Divorce Form Preparation
13. Divorce Books
14. Divorce Software
Web Page content and updates are automatically emailed to a Divorce Source Web Page Administrator for review. Any Web Pages that do not meet the above eligibility criteria will be evaluated and possible removed.
2. Divorce Source Web Page Services and Conditions of Use
These Terms of Service govern the use of the Divorce Source Web Site (www.divorcesource.com), hereafter referred to as the "Site." The term "Divorce Source" shall be used to refer to Divorce Source, Inc. The Site provides registered members (each a "Member") with access to content and services ("Membership"). Divorce Source may, at its discretion, add, delete, or modify the Terms of Service without notice. By registering as a Member, you agree to use the Site in a manner consistent with all applicable local, state and federal laws and regulations and in accordance with the Terms of Service discussed below.
Basic Divorce Source Web Page services and content are available FREE OF CHARGE. Divorce Source reserves the right to delete any page at any time for any reason or no reason at all.
Divorce Source may terminate any Web Page Membership (and any and all related information, communications, postings, or Web pages) at any time, without notice, for conduct that violates local, state or federal laws or regulations, these Terms of Service or other policies or guidelines set out by Divorce Source elsewhere on the Site, or for material that Divorce Source in its sole discretion believes is harmful to other Members, the business of Divorce Source, or other third-party information providers. Individuals who have had their Web Page Memberships terminated may not continue to utilize member privileges in any manner or for any reason without the express written permission of Divorce Source.
3.Terms of Membership
a) Membership is available to anyone who provides divorce related services who registers and accurately provides all the required information, provides a legitimate electronic mail address and obtains a unique Divorce Source Member Name and Login ID. Membership is non-transferable. Divorce Source does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, or sexual orientation.
b) Divorce Source allows one Web Page Membership per individual with a legitimate electronic mail address.
c) Please be courteous when selecting your Divorce Source Member Name. Divorce Source does not permit the use of vulgar or offensive language for your Member Name. You may not use the name of any person other than yourself, the name of any entity or organization, or any term that is a trademark, service mark, or copyright, or that violates any other proprietary right held by another. Divorce Source may, at its discretion and without notice, delete or revoke any Membership associated with a Member Name of this nature.
4.Member Web Pages
a) Divorce Source provides Members with Web pages (a "Divorce Source Web Page") and the associated storage as a free service to Members. Divorce Source Web Page information is intended to be brief descriptions of Members services and contact information and the content contained in Member Web Pages must conform to the same content standards set forth in the Member Content Guidelines.
b) Divorce Source is not responsible for the content of any Member Web Page, and the views expressed on Divorce Source Member Web Pages are the responsibility of the posting Member and not Divorce Source.
c)By submitting a Member Web Page to Divorce Source, you grant Divorce Source a royalty-free, nonexclusive, worldwide, unrestricted license to distribute the content for the limited purposes of displaying and promoting the member's personal web page and for displaying the content. The term of the license will extend only for the duration of the Divorce Source membership. In the event that the Divorce Source membership is terminated for any reason, Divorce Source Inc. will relinquish all rights to the member content as described above following the duration of any applicable promotional activities ongoing at the time the membership is terminated.
5.Divorce Source Member Web Page Guidelines
The following is a non-exclusive list of actions and content that are prohibited on the Site. Divorce Source may cancel any Membership associated with such actions or content or may remove any associated Member Web Page with or without prior notice, in its sole discretion.a) Any use of copyrighted, trademarked, patented or servicemarked material without the express permission of the author or owner, the commission of any acts of copyright, trademark, patent, trade secret or other intellectual property infringement, or contributing to, inducing, or facilitating such infringement.
All judgments concerning the application of these guidelines are made at the sole and absolute discretion of Divorce Source. If, in its sole discretion, Divorce Source determines that law enforcement officials should be notified regarding any Member Web Page, Divorce Source will provide copies of the Member Web Page in question to the appropriate officials without notice to the user. Divorce Source will cooperate with all law enforcement efforts to locate persons who have posted Member Web Pages that are illegal or that promote illegal conduct. This may result in Divorce Source disclosing to law enforcement officials user information and Internet protocol addresses pursuant to a subpoena or court order or, in circumstances where Divorce Source in its sole discretion deems appropriate, at the request of law enforcement officials.
b) Material that is, in Divorce Source's view, grossly offensive to the Divorce Source Community, including, but not limited to clear expressions of bigotry, racism, or other hate speech, or threats of violence.
c) Pages that promote illegal activity and any promotion of or provision of instructions for illegal activity.
d) Material that defames, abuses, or threatens others or is libelous.
e) Material that is invasive of privacy or publicity rights, including posting another person's private information.
f) Creation of a Member Web Page that contains hyperlinks to content not permitted on Divorce Source.
g) Transmission of unsolicited advertising, promotional materials, or other forms of solicitation via email or news groups that lists a Member Web Page.
h) Development of Member Web Pages that restrict access to pages through the use of password protection or other means, other than through services provided by Divorce Source.
i) Misrepresentation of your identity or impersonation of any person including, but not limited to, employees of Divorce Source.
j) Use of Divorce Source for the purpose of gathering personal identifying information from individuals for commercial or unlawful purposes.
k) Conduct that is deemed by Divorce Source, in its sole and absolute discretion, harmful to Divorce Source, any third party content provider, or other individuals.
l) Any use of a Member Web Page in connection with "spamming" or the sending of unsolicited messages.
6.Limitations of Liability and Warranty
a) THE MEMBER AGREES THAT THE USE OF THE SITE IS ENTIRELY AT THE MEMBER'S OWN RISK. THE SITE IS PROVIDED FREE OF CHARGE, ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND. ALL EXPRESS, IMPLIED, AND STATUTORY 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, DIVORCE SOURCE DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, DIVORCE SOURCE DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR THROUGH ANY LINKS PROVIDED ON THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED IN THE SITE. NEITHER DIVORCE SOURCE NOR ANY THIRD-PARTY CONTENT PROVIDER MAKES ANY WARRANTY WITH RESPECT TO ANY CONTENT, INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONJUNCTION WITH THE SITE.
b) UNDER NO CIRCUMSTANCES SHALL DIVORCE SOURCE BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF THE SITE OR RELIANCE ON THE SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE AND EXEMPLARY DAMAGES (EVEN IF DIVORCE SOURCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE OR RELIANCE ON THE SITE, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES OFFERED ON THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR ANY PRODUCTS, SERVICES, INFORMATION, OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
c) DIVORCE SOURCE MAKES NO IMPLIED OR EXPRESS REPRESENTATIONS OR WARRANTIES ABOUT THE RELIABILITY, OR ACCESSIBILITY OF THE MEMBER PAGES OR THE ASSOCIATED STORAGE FACILITIES. DIVORCE SOURCE IS NOT RESPONSIBLE FOR ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF MEMBER WEB PAGES; INDIVIDUAL MEMBERS ARE RESPONSIBLE FOR MONITORING AND CREATING BACKUPS OF THEIR PAGES.
d) The Member specifically agrees that Divorce Source and third party content providers are not liable for any conduct by Members associated with the Site, including, but not limited to, Member Web Pages.
7.Indemnity and Release
Each Web Page Member agrees to indemnify Divorce Source against any and all claims and expenses, including attorneys' fees, arising from the Member's use of the Site. This includes, without limitation:
1.Member's responsibility for any and all liability arising from the violation or infringement of proprietary rights, copyrights, trademarks, or servicemarks and
2.Member's responsibility for any and all liability arising from any libelous or unlawful material contained within Member Web Pages. By using the Site you are hereby agreeing to release Divorce Source and its affiliates, officers, and employees from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes. You hereby agree to waive all laws that may limit the efficacy of such releases.
8.Choice of Law
This Agreement shall be constructed and controlled by the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law provisions. Any dispute arising hereunder will be governed by the laws of the Commonwealth of Pennsylvania. Each Member agrees to personal jurisdiction by the state and federal courts of the Commonwealth of Pennsylvania.
9.Merger Clause
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between Divorce Source representatives and each Member with respect to the subject matter hereof. Divorce Source may amend these Terms of Service at any time without notice.
We hope your enjoyment of Divorce Source's services and content will be enhanced by the application of the Terms of Service outlined in this document. It is our belief that your understanding of the guidelines that we have sent forth will allow the Divorce Source community to continue to be a place where each of us can prosper, grow, and enjoy ourselves within an open and non-threatening environment. Thank you for taking the time to read the Divorce Source Terms of Service and we hope you enjoy our services.
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