Last Updated: November 14, 2023
PLEASE READ THESE TERMS CAREFULLY. BY USING OR ACCESSING THE APP OR SITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND ALL APPLICABLE LAWS AND REGULATIONS, INCLUDING YOUR COMPLIANCE WITH ANY APPLICABLE LOCAL LAWS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHALL NOT USE OR ACCESS THE APP OR THE SITE.
- DivorcePlus is a virtual based platform providing both free resources and professional services for individuals facing family and domestic issues. The Site is divided into two main components: (1) public resources, and (2) professional services. The Site’s public resources include free state domestic and family law forms for DIY legal filings, relevant blogs and articles written by professionals in the relevant field(s), and a community forum for individuals to obtain answers to specific questions. Through the App’s and the Site’s professional services, DivorcePlus provides direct and on-demand virtual access to various professionals in the fields of domestic and family law as well as professionals who provide non-legal services in the aforementioned fields. These services include but may not be limited to: (1) Legal / Lawyer Services, (2) Life and Divorce Coaching, (3) Custody Evaluation, Preparation, and Consulting, (4) Parenting Coordination, (5) Divorce Advocacy and Support, (6) Testimony and Witness Preparation and Consulting, (7) Mediation, (8) Health and Self-Care, and (9) Related Professional Services.
DivorcePlus Services Disclaimers.
- DivorcePlus is a provider of general information in the fields of domestic and family issues but no provision of information on or through the App or the Site constitutes legal advice. The use of the App or the Site to ask questions or receive answers does not create an attorney–client relationship between you and DivorcePlus, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on or through the App or the Site constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided on or through the App or the Site without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. DivorcePlus assumes no responsibility to any person who relies on information contained on or received through the App or the Site and disclaims all liability in respect to such information.
- THE APP AND THE SITE IS DESIGNED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. DIVORCEPLUS DOES NOT OFFER MEDICAL ADVICE OR DIAGNOSES. YOU SHOULD CONSULT YOUR PHYSICIAN BEFORE ENGAGING IN ANY STRENUOUS PHYSICAL ACTIVITY OR USING ANY OF OUR APPLICABLE SERVICES AS A NEW FITNESS PROGRAM. YOU SHOULD NOT RELY ON INFORMATION OR TRAINING PROGRAMS AVAILABLE IN OR VIA THE APP OR THE SITE, INCLUDING INFORMATION AND PROGRAMS TAILORED SPECIFICALLY FOR YOU, AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF INFORMATION AVAILABLE ON THE APP OR THE SITE OR COMMUNICATED TO YOU THROUGH THE APP OR THE SITE. THE USE OF INFORMATION PROVIDED THROUGH THE APP AND THE SITE IS SOLELY AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DECISIONS OR ACTIONS YOU TAKE BASED ON THE INFORMATION AND MATERIALS AVAILABLE THROUGH THE APP AND THE SITE. DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS OR NUTRITIONAL ADVICE THAT MAY APPEAR ON THE APP AND THE SITE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THE APP AND THE SITE WILL INCLUDE ACCURATE OR UP TO DATE FINDINGS OR DEVELOPMENTS. NOTHING STATED OR POSTED ON THE APP OR THE SITE OR AVAILABLE THROUGH THE APP OR THE SITE SITE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE, NURSING, PHARMACY, OR COUNSELING CARE, OR OTHER HEALTHCARE ADVICE. FOR PURPOSES OF THESE TERMS, THE PRACTICE OF MEDICINE AND COUNSELING, INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.
- Never use DivorcePlus or the App or the Site in a potential or actual medical emergency. CALL 911 OR YOUR DOCTOR FOR ALL MEDICAL EMERGENCES.
- DivorcePlus cannot guarantee that the information on the App or the Site, including any links included thereon, (including any legal information provided by an attorney through the App or the Site) are accurate, complete, or up to date. While we intend to make every attempt to keep the information on the App and the Site current, the owners of and contributors to the App and the Site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from the App or the Site.
- DivorcePlus Professionals and Partners. The inclusion or listing of any and all professionals or partners on the App or the Site or in any professional directory of DivorcePlus does not imply DivorcePlus’ referral, recommendation, or endorsement of such professional or partner nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any professional or partner. SUCH INFORMATION IS PROVIDED ON AN “AS-IS” BASIS AND DIVORCEPLUS DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DIVORCEPLUS SHALL IN NO EVENT BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN BY ANY PARTY (INCLUDING, WITHOUT LIMITATION, ANY USER) IN RELIANCE ON INFORMATION ABOUT PROFESSIONALS AND PARTNERS ON THE APP OR THE SITE. The use of DivorcePlus by any entity or individual to verify the credentials of professionals or specialists is prohibited.
- We do not recommend or endorse any specific Content, services, products, procedures, opinions, or other information that may be mentioned on or otherwise included on the App or the Site. DivorcePlus is designed to be used with common sense. Reliance on DivorcePlus Content or services is solely at your own risk. Some services and Content (including posts by certain professionals and partners) may not be reviewed or certified by DivorcePlus. We cannot guarantee that the Content and services will help you achieve any specific goals or results. Content regarding dietary supplements or other treatments or regimens have not been evaluated by the Food and Drug Administration and is not intended to diagnose, treat, cure, or prevent any disease.
YOU MUST BE AT LEAST 18 YEARS OLD TO USE OR ACCESS THE APP AND THE SITE. IF YOU ARE A MINOR IN THE JURISDICTION IN WHICH YOU RESIDE, YOU MUST HAVE THE PERMISSION OF, AND BE DIRECTLY SUPERVISED BY, YOUR PARENT OR LEGAL GUARDIAN TO USE OR ACCESS THE APP AND THE SITE, AND YOUR PARENT OR LEGAL GUARDIAN MUST READ AND AGREE TO THESE TERMS PRIOR TO YOUR USING THE APP OR THE SITE, AS APPLICABLE. NOTWITHSTANDING THE FOREGOING, YOU ARE NOT AUTHORIZED TO USE THE APP OR THE SITE IF YOU ARE UNDER THE AGE OF 13.
3. APP AND SITE OWNERSHIP AND INTELLECTUAL PROPERTY
- The App and the Site as well as its contents, features, functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), and all information, products, and services offered by us to you in connection with the App and the Site (collectively, the “Content”) are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights pursuant to international conventions and U.S. and other laws. The App, the Site and the Content are the property of us and/or the applicable third-party licensors, and all right, title, and interest in and to the App and the Site and the Content will remain with us or such third-party licensors. Our logos, page headers, custom graphics, and other icons are service marks, trademarks, registered service marks, or registered trademarks of us. All other products, names, and company logos mentioned on the App or the Site or in the Content are trademarks of their respective owners. . Any third-party code that may be incorporated in the App or the Site is covered by the applicable open source or third-party license, if any, authorizing use of such code.
- You acknowledge that we may issue updated versions of the App and that the updated version may be automatically deployed to your device. You consent to such automatic upgrading on your device and agree to timely upgrade the App in the event there is no automatic update. You further agree that these Terms will apply to all updates to and versions of the App and the Site.
- These Terms permit you to use the App and the Site exclusively for your lawful, personal, informational, and other non-commercial use. You do not acquire ownership rights to the App or the Site or any Content, other than those rights in the materials that you submit to us or otherwise enter through the App or the Site, if any, that you may have or any rights that we may specifically grant you in writing, such as the limited license to use the App and the Site, as further described herein. These Terms do not grant you any right, title, interest, license (express or implied) to any patent, trademark, service mark, copyright, trade secret or other intellectual property right of DivorcePlus or the respective intellectual property owners. You will abide by any and all additional copyright notices, information, or restrictions contained in the App or the Site or any Content.
- DivorcePlus respects the intellectual property of others, and we expect our users to do the same. If you believe any materials accessible on or from the App or the Site infringe your copyright, you may request removal of those materials (or access to them) from the App and the Site by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following: (a) your physical or electronic signature; (b) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works, a representative list of such works; (c) identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; (d) adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address); (e) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; (f) a statement that the information in the written notice is accurate; and (g) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Our designated copyright agent to receive DMCA Notices is: DIVTECH d/b/a DivorcePlus, 723 Camp Street, Unit 101, New Orleans, LA 70130, Attn: DMCA Agent, Richard G. Perque. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. DivorcePlus has a policy of terminating, in appropriate circumstances, the accounts of users who are repeat infringers.
- IMPORTANT: Be sure you have a right to file a DMCA notice before doing so. Misrepresentations made in your notice regarding whether material or activity is infringing may expose you to liability for damages (including costs and attorneys’ fees). Courts have found that before sending a notice, you must consider copyright defenses, limitations, or exceptions at the risk of significant monetary penalties. Contact an attorney before making a DMCA submission if you are not sure whether material available online infringes your copyright.
- Third Party Rights.
- Apple Required Terms. If you have downloaded the App from the Apple, Inc. (“Apple”) App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. These Terms are between you and DivorcePlus only, not with Apple. We, not Apple, are responsible for the App and the content of it. The license granted to you in these Terms is for use on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing. If you need any support with respect to the App, please contact us. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including: (1) product liability claims; (2) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the App and/or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the App. Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms.
- Additional Terms Relevant to Google, Inc. These Terms constitute a license agreement in lieu of any license grant provided by Google to use the App on a supported device. A “supported device” is a combination of a mobile device running android software and an android software version(s) that is supported by the App. These Terms are made between you and DivorcePlus only, and not with Google. DivorcePlus is solely responsible for the App.
- The Google Play Marketplace is owned and operated by Google, Inc. Your use of Google Play is governed by a legal agreement between you and Google consisting of the Google Terms of Service (found at https://www.google.com/accounts/tos) and the Google Play Terms of Service (found at https://play.google.com/intl/en-us_us/about/play-terms.html and together with the Google Terms of Service called the “Terms”). The Google Play Terms of Service and the Google Terms of Service shall take precedence in that order in the event of a conflict between them, to the extent of such conflict.
- DivorcePlus is solely responsible for providing, and Google has no obligation to provide, maintenance and support for the App. Support requests, as well as questions, complaints or claims regarding the App, may be directed to firstname.lastname@example.org.
- To the maximum extent permitted by applicable law, Google will have no warranty obligation whatsoever with respect to the App, and will not be liable for any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.
- Google shall not be responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, or (iii) claims arising under consumer protection or similar legislation.
- Google shall not be responsible for the investigation, defense, settlement or discharge of any claim that the App or your possession and use thereof infringes a third party’s intellectual property rights.
- You represent and warrant that (i) the service(s) will not be downloaded or used in, or transported to, a country that is subject to a United States government embargo or has been designated by the united states government as a “terrorist-supporting” country, and (ii) you are not listed on any united states government list of prohibited or restricted parties.
- Removal of App. DivorcePlus or Google may, at any time and without notice, restrict, interrupt or prevent use of the App, or delete the App from your supported device, without entitling you to any refund, credit or other compensation from DivorcePlus or any third party (including, but not limited to, Google or your network connectivity provider).
- You acknowledge and agree that Google is a third-party beneficiary to these Terms as it relates to the App.
4. FEEDBACK AND REVIEWS
- If you provide us with comments, bug reports, feedback, user reviews or modifications proposed by you to us, about the App or the Site or the Content (collectively, “Feedback”), we will have the right to use such Feedback at our discretion, including but not limited to incorporating such Feedback into the App or the Site and the right to assign, license or otherwise use such Feedback.
- The App and the Site may include reviews or other interactive features in which you or other users can create, post, upload, transmit, or distribute content, such as comments, reviews, text, or other materials (“User Reviews”). User Reviews may be publicly viewable along with profile information associated with your online account. You agree that you are solely responsible for your User Reviews and for your use of such aspects of the App and the Site. Use of these portions of the App and the Site are at your own risk. You understand that you may not be able to delete User Reviews after posting. You also assume all risks associated with your User Reviews, including anyone’s reliance on the quality, accuracy, or reliability of such User Reviews, and the disclosure of your personal information in connection with such content. If you submit User Reviews, you agree to state your opinions lawfully, honestly, and in good faith and to reveal to others any conflict of interest or relationship that might influence your views.
- By providing Feedback, you hereby grant us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display such Feedback on the App and the Site and in all other media or formats, whether currently known or hereafter developed, for any purpose and without any compensation to you. You represent and warrant that (a) such Feedback is not confidential; (b) you own and control all of the rights, title and interest in and to the Feedback or you otherwise have all necessary rights to post and use such Feedback and to grant the rights to us that you grant in these Terms; (c) the Feedback is accurate and not misleading or harmful in any manner; and (d) the Feedback, and your use and posting thereof, does not and will not violate these Terms or any applicable law, rule or regulation. You agree to evaluate and bear all risk associated with the use of the Feedback. Under no circumstances will you hold DivorcePlus liable for such Feedback. You further acknowledge that DivorcePlus has no affirmative obligation to monitor, screen, review, or pre-approve such Feedback, communications, or information in advance of said Feedback, communications, or information prior to your submission of such Feedback. Feedback is not endorsed by DivorcePlus, and do not represent the views of DivorcePlus or of any affiliate or partner of DivorcePlus. DivorcePlus does not assume liability for any losses, claims, damages, and expenses resulting from any Feedback. Any of the Feedback that we determine violates these Terms may be removed or excluded by us without notice.
- Don’t submit anything to us if you don’t want to give us rights to it. If you wish to keep any content, business information, ideas, concepts or inventions private or proprietary, do not submit them on, through, or to the App or the Site, by email or otherwise.
- You shall not post or otherwise submit any protected health information as that term is defined in and governed by the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 and the rules and regulations promulgated thereunder (as amended to date, “HIPAA”).
- By making providing any User Reviews or Feedback, you further agree to indemnify DivorcePlus and its parent, subsidiaries, affiliates, directors, officers, and employees, and to hold them harmless from any and all losses, claims, damages, and expenses, including attorneys’ fees, arising from your User Reviews and/or Feedback, or your failure to comply with these Terms.
5. USER OBLIGATIONS AND GUIDELINES
By using the App and the Site, you agree to abide by the following obligations and guidelines. Any violation may result in limitation, suspension, or termination of your access to our App and Site.
Scheduling and Payment.
- All scheduling with any professional provider available or otherwise made accessible through or on the App or the Site shall be made through DivorcePlus’ third party calendaring vendor, Calendly, through the App or the Site, as applicable. Under no circumstances shall User attempt to schedule any appointment with any professional provider by contacting DivorcePlus directly. All terms and conditions regarding the service provided by Calendly are governed by DivorcePlus’ agreement with Calendly. DivorcePlus is not responsible for any issues that you may experience with Calendly or any other third-party appointment provider. If you have any questions concerning the third-party appointment provider and its practices, you may contact the third-party appointment provider directly.
- All payments due as a result of any appointment made with any professional provider made accessible through or on the App or the Site shall be made through DivorcePlus’ third party payment processor, Stripe. Under no circumstances shall User attempt to pay for appointment with any professional provider by contacting DivorcePlus directly.
- Unless otherwise expressly limited by applicable law, all payments due to or charged on behalf of DivorcePlus are non-refundable, non-cancellable, and non-creditable. Any appointment fees are due at the same time as such appointment is scheduled through Calendly.
- All payment terms and conditions are governed by DivorcePlus’ agreement with Stripe. DivorcePlus is not responsible for any issues that you may experience with Stripe. If you have any questions concerning Stripe and its practices, you may contact Stripe directly.
- You acknowledge that DivorcePlus does not store any whole credit card numbers or payment information, and instead, these are processed through third-party processors (e.g., Stripe). By utilizing these third-party payment processors to gain access to the services provided on or through the App and the Site, you indemnify DivorcePlus and its parents, subsidiaries, affiliates, directors, officers, and employees and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third-party payment processor’s applicable terms and conditions of use.
- Respect. You agree to engage with any professional provider made available or otherwise accessible through or on the App or the Site in a respectful manner and to refrain from inappropriate language and behavior.
- Appropriate Use. You agree to only use the App and the Site in a manner that is not: unlawful, threatening, harassing, abusive, defamatory, slanderous, libelous, harmful to minors, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, invasive of another’s privacy, or racially, ethnically or otherwise offensive, hateful, or abusive.
Guidelines for Posting User Reviews, Feedback, and Questions
- Informational Questions Only. Only informational questions submitted for educational purposes are allowed. Do not post any facts that give the impression that a question is uniquely individual-specific, or are about a specific person, including yourself.
- No Requests for Medical Care, Diagnosis, or Treatment. No requests for prescription, diagnosis, or treatment should be made on DivorcePlus.
- No Guarantees. There is no guarantee that any submitted question will be answered; questions are answered at the sole discretion of participating professional providers. No follow-up questions or personal information should be included in any notes or other posts on or through the App or the Site.
- No Posting of Personally Identifiable Information or Protected Health Information. Do not post name(s), email address(es), or telephone number(s), URLs, or any other confidential or personally identifiable information, including any Protected Health Information, as that term is defined and governed by HIPAA, about you or any other person or entity on the App or the Site.
- No Posting for Illegal Purposes. Do not use DivorcePlus for any purpose in violation of local, state, federal, or international laws.
- No Infringing or Impersonating Postings. Do not post material that infringes on the copyrights or other intellectual property rights of others (never post a picture of another person without permission) or on the privacy or publicity rights of others. Do not post impersonating another person or entity.
Reservation of Rights
- Rejection and Removal of User Review, Feedback, or Question. Subject to applicable law and any related limitations, we reserve the right to review any User Review, Feedback or Question on our Apps and Site, and to not post such Content or to remove or request the removal of any Content for any reason, at any time, without prior notice, at our sole discretion.
- Termination. We reserve the right to restrict or terminate access to our App and Site by any individual who violates our Terms, or engages in any other conduct that, in our sole judgement, restricts or inhibits any other person from using or enjoying the App or the Site or exposes us or any of our professional providers, partners, vendors, or suppliers to any liability or detriment of any type.
6. PROHIBITED USES
You may only use the App and the Site and the Content as expressly permitted under these Terms and only for lawful purposes. Specifically, you agree that you will use the App and the Site only in a manner that complies with all applicable laws and that your use of the App and the Site is subject to all applicable laws and regulations; any other use is expressly prohibited. Any use of the App and the Site or the Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Any attempt by any individual or entity to solicit login information of any other user or DivorcePlus professional provider or partner, or to access any such account, is an express and direct violation of these Terms and of applicable law, including relevant privacy and security laws and laws prohibiting unfair or unethical business practices. Without limiting the foregoing, you agree that you will not attempt to or in fact:
- Use the App or the Site in any way that violates federal, state, local, or international law or regulation;
- Use the App or the Site to transmit or send unsolicited commercial communications;
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others;
- Post any infringing, obscene, indecent, or unlawful material or information;
- Gain unauthorized access to, interfere with, damage, disrupt, or circumvent any of the security features of the App or the Site (or the servers, networks, and databases associated with the App or the Site);
- Access the App or the Site through any robot, spider, or other automated means;
- “Screen scrape”, “monitor”, “mine”, “copy”, or “mirror” the App or the Site;
- Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the App or the Site without our express written consent;
- Engage in any activity that interferes with, disrupts, or imposes an unreasonable or disproportionately large load on the App or the Site (or the servers, networks, and databases associated with the App or the Site);
- Introduce to the App or the Site (or the servers, networks, and databases associated with the App or the Site) any spyware, viruses, Trojan horses, worms, keystroke loggers, rootkits, logic bombs, or other material which is malicious or technologically harmful;
- Use the App or the Site to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
- Modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works from the App or the Site or any Content;
- Reproduce, redistribute, republish, duplicate, copy, display, sell, rent, sublicense, trade or resell any Content or other aspect of the App or the Site for any commercial purpose (except for Content specifically and expressly made available for redistribution) without our prior written consent;
- Remove, delete, efface, alter, obscure, translate, combine, supplement, or otherwise change any trademarks, copyrights, warranties, disclaimers, or other proprietary notations;
- Impersonate us, our employees, professional providers, another user, or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing); and
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the App or the Site or develop restricted or password-only access pages, or hidden pages or images.
You are solely responsible for (and we have no responsibility to you or to any third party for) any breach of your obligations under these Terms and for the consequences (including any loss or damage which you may suffer) of any such breach.
7. INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE
8. HOW WE MAY COMMUNICATE WITH YOU
When you install our App on your mobile device, you may agree to receive push notifications, which are messages an app sends you on your mobile device when the app is not on. You can turn off notifications by visiting your mobile device’s “settings” page.
We may send you emails concerning our services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.
DivorcePlus and those acting on our behalf may send you text (SMS) messages to the phone number you provide us. These messages may include operational messages about your use of the App or the Site, as well as marketing messages. If you opt out, you may continue to receive text messages for a short period while DivorcePlus processes your request, and you may also receive text messages confirming the receipt of your opt-out request. Opting out of receiving operational text messages may impact the functionality that the App and the Site provide to you. Text messages may be sent using an automatic telephone dialing system. Your agreement to receive text messages is not a condition of any purchase or use of the App or the Site. Standard messaging, data and other fees may be charged by your carrier.
Your carrier may prohibit or restrict certain mobile features, and certain mobile features may be incompatible with your carrier or mobile device. As applicable, instructions regarding how to opt-out of mobile features will be disclosed in connection with such features (instructions typically require you to text a keyword, such as “STOP,” “CANCEL,” “UNSUBSCRIBE,” to the applicable shortcode for the mobile feature, or to change your profile settings inside the App).
You agree to notify DivorcePlus of any changes to your mobile number and update your account(s) on the App or the Site. You also understand and agree that by receiving communications you will be charged by your wireless or internet provider and that such emails, SMS, or mobile telephone notification may be generated by automated systems.
9. AVAILABILITY; REVISIONS; RELIANCE ON INFORMATION POSTED
The information presented on or through the App and the Site, including the Content, is made available solely for general information purposes. We reserve the right to modify or discontinue the App and the Site at any time with or without notice to you. We do not guarantee continuous, uninterrupted or secure access to the App and the Site. The operation of the App and the Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control or through acts of God, as more fully set forth below.
- We reserve the right, at our sole discretion, for any reason, at any time, with or without notice to you, to modify or discontinue, temporarily or permanently, the App and the Site (or any part thereof) or to terminate your username and account and/or your access to the App and the Site (or any part thereof). Under no circumstances shall we be liable for any loss, damage, liability, or expense incurred or suffered which is claimed to result from your use of the App and the Site, including without limitation, any fault, error, omission, interruption, or delay with respect thereto.
- We use reasonable efforts to update the information on the App and the Site, and the Contents are subject to change without notice. However, we do not make any commitment to update the App and the Site or the Content. The Content and the App and the Site may include technical, typographical, or photographic errors. As set forth previously, we do not warrant the accuracy, completeness, or usefulness of the App and the Site or the Content. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the App or the Site.
- If you have questions about the information presented on the App or the Site, please contact us using the information provided in “Contact Information” at the end of these Terms.
10. SECURITY MEASURES
- DivorcePlus will apply commercially reasonable measures to protect the security of nonpublic personal information and other data essential for use of the App and the Site, such as information you upload or enter when using the App or the Site. You shall protect the confidentiality and security of your credentials, and you shall not allow any person to have access to or to use your credentials.
- DivorcePlus is entitled (but not required) to apply security measures to protect the App and the Site and the Content, and DivorcePlus may block users (or IP addresses) identified or suspected as being used to access the App and the Site (i) without authorization, (ii) for unlawful purposes or for purposes of disrupting, or (iii) in any manner that presents a risk of damaging the App or the Site.
- You shall immediately notify DivorcePlus of any activity on the App or the Site suspected as being for unlawful purposes including any activity liable to disrupt, gain unauthorized access to, or cause any damage to the App or the Site.
- You shall immediately notify DivorcePlus of any security breach involving the App or the Site of which you become aware, including any loss of nonpublic personal information and any incident where nonpublic personal information relating to you becomes available to unauthorized persons through the App or the Site.
11. USER RESPONSIBILITIES AND RESTRICTIONS
- User Connection to Site. User shall be responsible for selecting, obtaining, and maintaining any equipment, items, communications, and ancillary services needed to access the App and the Site.
- Account Passwords and Data Security. User shall maintain the confidentiality of all userIDs and passwords of User. User shall be solely responsible for all use or misuse of the userIDs of User, and Company shall have no obligation to monitor for or report any use or attempted use of the userIDs of User.
- Indemnification. User agrees to indemnify, defend, and hold harmless DivorcePlus and its parents, affiliates, successors and assigns and all of their respective officers, directors, agents, employees, and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, obligations, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to (i) User’s use of the App or the Site or the services obtained through the App or the Site; (ii) User’s breach or violation of any of these Terms; or (iii) User’s violation of the rights of any third party, including any third party’s intellectual property rights.
12. LINKING TO THE SITE AND SOCIAL MEDIA FEATURES
- User may link to the App and the Site’s homepage, provided User does so in a way that is fair and legal. But User must not establish a link in such a way as to suggest any form of association, approval, or endorsement on DivorcePlus’ part without DivorcePlus’ express written consent.
- The Site may provide certain social media features that enable User to: (a) link from User’s own or certain third-party websites to certain content on the App or the Site; (b) send e-mails or other communications with certain content, or links to certain content, on the App or the Site; and/or (c) cause limited portions of content on the App or the Site to be displayed or appear to be displayed on User’s own or certain third-party websites. User may use these features solely as they are provided by DivorcePlus and solely with respect to the content with which they are displayed. Subject to the foregoing, User must not: (a) establish a link from any website that is not owned by User; (b) cause the App or the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site; (c) link to any part of the App or the Site other than the homepage; or (d) otherwise take any action with respect to the materials on the App or the Site that is inconsistent with any other provision of these Terms.
- User agrees to cooperate with DivorcePlus in causing any unauthorized framing or linking immediately to cease. DivorcePlus reserves the right to withdraw linking permission without notice. DivorcePlus may disable all or any social media features or any links at any time without notice in its discretion.
13. LINKS FROM THE SITE; THIRD PARTIES
- The App and the Site may also include content provided by third parties. All statements and/or opinions expressed in these materials, and all content other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
AFFILIATE LINK DISCLAIMER – The owner of this website may receive compensation for recommendations made in reference to the products and services on this website. This compensation may be in the form of money, services or complimentary products and could exist without any action from a website visitor. Should you purchase a product or service that was recommended by this website, it is understood that some form of compensation might be made to the website owner. For example, if you click on an affiliate link at this website and then make a purchase of the recommended product or service, the website owner may receive compensation.
14. LIMITED WARRANTIES
- EXCEPT AS OTHERWISE SPECIFICALLY STATED IN THIS SECTION, THE APP, SITE, CONTENT, AND ALL SERVICES PROVIDED OR TO BE PROVIDED UNDER THESE TERMS ARE PROVIDED “AS IS,” WITH ALL FAULTS, AND USER ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE APP, THE SITE, CONTENT, AND SERVICES, AND DIVORCEPLUS DISCLAIMS, ANY AND ALL WARRANTIES, CONDITIONS, OR REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE APP, THE SITE, OR CONTENT OR ANY PART THEREOF, OR THE SERVICES, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT DIVORCEPLUS KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR OTHERWISE IS IN FACT AWARE OF ANY SUCH PURPOSE), WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING, OR OTHERWISE. DIVORCEPLUS EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION TO ANY PERSON OTHER THAN USER.
- NEITHER DIVORCEPLUS NOR ANY PERSON ASSOCIATED WITH DIVORCEPLUS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE APP, THE SITE, OR THE CONTENT OR THE SERVICES PROVIDED IN CONNECTION THEREWITH. DIVORCEPLUS CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE APP OR THE SITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA.
- CONTENT IS FOR INFORMATIONAL PURPOSES ONLY. FOR MEDICAL ADVICE, TREATMENT, OR DIAGNOSIS, SEE YOUR PERSONAL DOCTOR OR HEALTHCARE PROVIDER. DIVORCEPLUS IS NOT RESPONSIBLE FOR CONTENT. THE AUTHORS OR POSTERS OF CONTENT (“POSTERS”) ARE SOLELY RESPONSIBLE FOR SUCH CONTENT. NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES OF ANY KIND ARE MADE REGARDING THE CONTENT. UNDER NO CIRCUMSTANCES SHALL ANY PARTY BE LIABLE (TO YOU OR TO ANY OTHER PERSON) FOR ANY DAMAGES OR HARM (OF ANY TYPE OR UNDER ANY LEGAL THEORY) RESULTING FROM OR RELATED TO THE CONTENT. NO PARTY SHALL HAVE ANY LIABILITY FOR: (A) ANY LOSS OR INJURY CAUSED, IN WHOLE OR IN PART, BY A POSTER’S ACTIONS, OMISSIONS, OR NEGLIGENCE, IN PROCURING, COMPILING, OR DELIVERING INFORMATION WITHIN OR THROUGH CONTENT; (B) ANY ERRORS, OMISSIONS, OR INACCURACIES IN CONTENT (REGARDLESS OF CAUSE), OR DELAYS OR INTERRUPTIONS IN DELIVERY OF SUCH INFORMATION; OR (C) ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE UPON SUCH INFORMATION. YOU AGREE TO INDEMNIFY AND HOLD THE POSTER (AND THE POSTER’S EMPLOYER AND/OR SPONSOR) HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY AS A RESULT OF ANY VIOLATION OF LAW THAT OCCURS BY YOU THROUGH YOUR USE OF CONTENT OR THE APP OR THE SITE AND/OR ANYTHING YOU DO USING CONTENT, THE APP, THE SITE AND/OR THE INFORMATION CONTAINED THEREIN.
- ALL USER REVIEWS ARE STRICTLY THE OPINION OF THE USER POSTING SUCH REVIEWS, AND WE DO NOT ENDORSE OR APPROVE ANY USER REVIEWS. WE DO NOT HAVE ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, APPROPRIATENESS OR CONTENT OF USER REVIEWS.
- TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, RANSOMWARE, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APP OR THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP OR THE SITE OR TO YOUR DOWNLOADING OF ANY CONTENT POSTED ON IT, OR ON ANY SITE LINKED TO IT.
- IN ADDITION TO THAT WHICH IS SET FORTH IN THESE TERMS, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, DIVORCEPLUS SHALL NOT BE LIABLE FOR ANY LOSS ARISING OUT OF OR RELATING TO (A) THE APP, THE SITE, THE SERVICES PROVIDED IN CONNECTION THEREWITH, OR YOUR DEALING WITH ANY PROFESSIONAL PROVIDER OR PARTNER ASSOCIATED WITH OR OTHERWISE LISTED ON THE APP OR THE SITE; (B) A FAILURE BY YOU TO COMPLY WITH THE OBLIGATIONS SET FORTH IN THESE TERMS; (C) YOUR USE OF THE APP OR THE SITE; (D) YOUR RELIANCE ON THE APP OR THE SITE; AND (E) ACTS OR OMISSIONS OF USER OR ANY THIRD PARTY.
- THE FOREGOING DOES NOT AFFECT ANY WARRANTY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
15. LIMITATIONS OF LIABILITY
MAXIMUM AGGREGATE LIABILITY. DIVORCEPLUS’ TOTAL AGGREGATE LIABILITY TO USER OR TO ANY OTHER PERSON ARISING FROM OR RELATING TO THESE TERMS, OR FROM THE USE OF THE SITE OR SERVICES FURNISHED UNDER THESE TERMS, OR FROM ANY ADVICE, INFORMATION OR ASSISTANCE PROVIDED BY DIVORCEPLUS (BY ANY METHOD, INCLUDING VIA THE SITE), UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, SHALL NOT EXCEED $50.
EXCLUSION OF CERTAIN DAMAGES.
- TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL DIVORCEPLUS, ITS PARENT, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS, VENDORS OR PARTNERS OR ANY THIRD PARTIES MENTIONED ON DIVORCEPLUS BE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, ATTRIBUTABLE TO OR CAUSED BY YOUR USE OR MISUSE OF THE APP OR THE SITE OR CONTENT (INCLUDING PROFESSIONAL AND PARTNER CONTENT). ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES, THE APP, THE SITE, OR ANY CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE FIRST DATE OF THE EVENT GIVING RISE TO SUCH ACTION. REMEDIES UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS.
- NEITHER DIVORCEPLUS NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS, VENDORS OR PARTNERS SHALL BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY (1) SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, ENHANCED, PUNITIVE, OR PENAL DAMAGES; (2) ANY BACK CHARGES, LABOR COSTS, OR COSTS OF REMOVAL, REPLACEMENT, TESTING, OR INSTALLATION; (3) LOSS OF EFFICIENCY, LOSS OF PROFITS OR REVENUES, LOSS OF USE OF SERVICES; (4) LATENESS OR DELAYS IN DELIVERY, UNAVAILABILITY OF SERVICES; (5) COST OF CAPITAL, COST OF SUBSTITUTE SERVICES, DOWNTIME; (6) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (7) LOSS OF GOODWILL OR REPUTATION; (8) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (9) CLAIMS FROM THIRD PARTIES, IN EACH CASE REGARDLESS OF WHETHER COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.
- IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENT OR MATERIALS ON OUR APP OR SITE, OR ANY SERVICES OR INFORMATION AVAILABLE THROUGH THE APP OR THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING OUR APP AND THE SITE. THIS LIMITATION APPLIES EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.
- THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
16. INTERNATIONAL USERS
Not Intended for Users Outside The United States. The owner of the App and the Site is based in the State of Louisiana in the United States. The availability of services described on the App and the Site, as well as associated fees, charges, interest rates, and balance requirements may differ among geographic locations. We make no representation that the App or the Site is appropriate or available for use outside of the United States and, whenever possible, has prohibited the sale of services and the use of certain features by anyone located outside the United States. We provide the App and the Site for use only by persons located in the United States. The information provided on the App and the Site is not intended for distribution to, or use by, any person or entity outside of the United States or in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us or our affiliates, employees, directors, officers or agents to any registration requirement within such jurisdiction or country. If you use or access the App or the Site outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms.
17. GOVERNING LAW AND ARBITRATION AGREEMENT
All matters relating to the App and the Site, the Content, or these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of Louisiana without giving effect to any choice or conflict of law provision or rule.
The courts having jurisdiction over the State of Louisiana shall have exclusive jurisdiction over all disputes arising in connection with these Terms and the place of performance of these Terms is agreed by you to be the State of Louisiana.
DivorcePlus’ Terms require the use of arbitration to resolve disputes and also limits the remedies available to you in the event of a dispute. Most concerns can be resolved quickly by emailing the customer service help center at email@example.com In the unlikely event that we are unable to resolve a legitimate legal complaint, we each agree to resolve those disputes through binding arbitration or small claims instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. We request that you work with us in good faith to resolve any disputes for 30 days after notifying us of such issues before filing arbitration. You understand that any award available under arbitration is subject to the limitations in these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND DIVORCEPLUS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
The Arbitration Agreement represented in this Section 17(d) is a condition of the Terms of DivorcePlus.
- If you reside in the United States or are otherwise subject to the US Federal Arbitration Act, you agree that any and all disputes or claims that have arisen or may arise between us – except as set forth below (“Exceptions”) – shall be resolved exclusively through final and binding arbitration, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
- Any arbitration proceedings shall be conducted by the American Arbitration Association (“AAA”) under its rules and procedures applicable at that time, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (to the extent applicable), as modified by our Arbitration Agreement. You may review those rules and procedures and obtain a form for initiating arbitration proceedings at the AAA’s website. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting DivorcePlus. The arbitration shall be held in New Orleans, Louisiana or at another mutually agreed location. If the reasonable value of the relief sought is US$10,000 or less, either of us may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on us subject to the arbitrator’s discretion to require an in-person hearing. Attendance at an in-person hearing may be made by telephone by you and/or us unless the arbitrator requires otherwise.
- Notwithstanding the foregoing, nothing in this Arbitration Agreement will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
- A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to DivorcePlus should be addressed to DivorcePlus, c/o Richard G. Perque, CEO, 723 Camp Street, Unit 101, New Orleans, Louisiana 70130 (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought and the specific applicable legal basis for the requested relief (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or DivorcePlus may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or DivorcePlus must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
- The arbitrator will decide the substance of all claims in accordance with the laws of the State of Louisiana, without regard to its conflicts of laws provisions, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different DivorcePlus users but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction over the parties, except for a limited right of appeal under the Federal Arbitration Act.
- If you do not wish to resolve disputes by binding arbitration, you may opt out of this Arbitration Agreement within 30 days after the date that you agree to the Terms by sending a letter to DivorcePlus, c/o Richard G. Perque, CEO, 723 Camp Street, Unit 101, New Orleans, Louisiana 70130 that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once DivorcePlus receives your Opt-Out Notice, this Arbitration Agreement will be void and any action arising out of the Terms will be resolved under the governing law and jurisdiction set forth in the Terms. The remaining provisions of the Terms will not be affected by your Opt-Out Notice.
- The AAA rules will govern the payment of all filing, administration and arbitrator fees, unless our Arbitration Agreement expressly provides otherwise. If the amount of any claim in an arbitration is US$5,000 or less, DivorcePlus will pay all arbitrator fees associated with the arbitration, so long as: (a) you make a written request for such payment of fees and submit it to the AAA with your Demand for Arbitration; and (b) your claim is not determined by the arbitrator to be frivolous or without merit under DivorcePlus’ Terms or otherwise (“Frivolous Claims”). In such case, we will make arrangements to pay all necessary fees directly to the AAA. If the amount of the claim exceeds US$10,000 and you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, DivorcePlus will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If the arbitrator determines the claim(s) you assert in the arbitration are Frivolous Claims, you agree to reimburse DivorcePlus for all fees associated with the arbitration paid by DivorcePlus. DivorcePlus’ obligations to pay these fees shall be made after a preliminary determination that the claims are not barred or limited by the DivorcePlus Terms. Barred or limited claims constitute Frivolous Claims.
PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS.
YOU AND DIVORCEPLUS AGREE, AS PART OF THE ARBITRATION AGREEMENT, THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. WE REFER TO THIS AS THE “PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS”. UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN YOUR OR OUR CLAIM WITH ANOTHER PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRATOR MAY ONLY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER DIVORCEPLUS USERS.
- Except with respect to the Prohibition of Class and Representative Actions, if a court decides that any part of this Arbitration Agreement is invalid or unenforceable, the other parts of this Arbitration Agreement shall continue to apply. If a court decides that the Prohibition of Class and Representative Actions is invalid or unenforceable, then the entire Arbitration Agreement shall be null and void.
- If DivorcePlus makes any future change to this Arbitration Agreement, other than a change to DivorcePlus’ Notice Address, you may reject the change by sending us written notice within 30 days of the change to the Notice Address, in which case your account with DivorcePlus will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
Claims Are Time-Barred.
You agree that regardless of any statute or law to the contrary or the applicable dispute resolution process, any claim or cause of action you may have arising out of or related to use of the App or the Site or otherwise under these must be filed within one (1) year after such claim or cause of action arose or you hereby agree to be forever barred from bringing such claims.
Strictly Limited Content. To further our mission of making information available to the public, we accept limited advertising and sponsorship under strict guidelines. Advertisers and sponsors are not permitted to make unsubstantiated claims or suggest that DivorcePlus endorses any product or service. DivorcePlus does not endorse products or services. Advertisements may be placed on our App or Site adjacent to content related to advertiser or sponsor interest, and also may be presented to users using non-personal data. DivorcePlus does not permit the collection of any personally identifiable information from our App or Site visitors on the DivorcePlus Site or App.
- Advertising and Promotion Criteria. DivorcePlus offers select advertising opportunities on our App and Site. Advertising and sponsorship revenue is used to support our mission of providing free access to the content contained on the App and the Site. Criteria are subject to change without notice. For information contact us at firstname.lastname@example.org
- Permissible Advertising. Corporate image advertising or sponsorship, health or self-care-related consumer products, and fitness products or services.
- Prohibited Advertising. Alcohol, tobacco products, weapons, health care services (clinics, hospitals, procedures, lab testing), legal services, pornography, gambling, political ads, social cause ads, religious ads, competitor ads, comparative advertising (including any mention of competitive brand names within an advertisement), pop-ups and floating content, and any ads that enable collection of personally identifiable information on the DivorcePlus App or Site.
Limitations on Advertising.
- No unsubstantiated advertising shall be permitted (supporting documentation may be required);
- No implication of endorsement by DivorcePlus, DivorcePlus affiliated entities, or professional providers on the DivorcePlus App or Site;
- No unsolicited commercial messages;
- Final approval of all content is at the discretion of DivorcePlus and verification of content and placement may be required before it is produced on the Site or the App;
- Paid content must be clearly identifiable as separate and distinct from DivorcePlus content;
- DivorcePlus reserves the right to determine the placement of paid content, and to reject, cancel or remove at any time any paid content from our App or Site for any reason;
- No co-branding of our information;
- DivorcePlus does not endorse any products or services
- These guidelines are not exhaustive and are subject to change at DivorcePlus’ sole discretion at any time; and
- Any paid advertising listings posted on search results may be identified as “Ads by Google” and may be removed if they do not meet our criteria. Some listings may appear that don’t meet our ad guidelines because of the way ads are served by Google.
These Terms will be binding upon and inure to the benefit of the parties and their successors and assigns. You may not assign these Terms or any of the rights or licenses granted hereunder. Any attempted sublicense, transfer, or assignment in violation of these Terms is void.
20. WAIVER AND SEVERABILITY
No waiver by us of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. Enforcement of these Terms is in our sole discretion.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
You agree to indemnify, defend, and hold harmless us and our parent, subsidiaries, affiliates, successors and assigns and all of their respective officers, directors, agents, employees, and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, obligations, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to (i) your breach of these Terms; (ii) your violation of any third party’s right, including, without limitation, any copyright, trademark, property right, or privacy right; or (iii) any claim that the App, the Site, or the Content provided by you caused damage or loss to a third party. This defense and indemnification obligation will survive your use of the App and the Site and any termination of these Terms.
22. MATERIAL INDUCEMENT AND CONSIDERATION
YOU ACKNOWLEDGE THAT THE DISCLAIMERS, LIMITATIONS OF LIABILITY, AND INDEMNIFICATION PROVISIONS IN THESE TERMS ARE A MATERIAL INDUCEMENT AND CONSIDERATION FOR THE GRANT OF THE LICENSE CONTAINED HEREIN AND FOR PROVIDING YOU WITH ACCESS TO THE SITE.
23. TERMS MAY CHANGE
We may modify these Terms from time to time in our sole discretion. We will provide notice by, at a minimum, updating this posting. You are expected to carefully review these Terms from time to time so you are aware of any changes. However, if we make material changes to these Terms, we will notify you either through the email address you have provided us or by means of a prominent notice on the App and the Site before the change becomes effective. Any changes to these Terms will be in effect as of the “Last Updated” date referenced at the top of these Terms. Your continued use of the App and the Site constitutes your binding acceptance to these Terms, including any changes or modifications that we may make. If any part of these Terms or any future changes to these Terms are not acceptable to you, you must not use or access the App or the Site.
24. ENTIRE AGREEMENT
25. AMENDMENT AND WAIVER
DivorcePlus reserves the right, at any time and from time to time, to update, revise, supplement, and to otherwise modify this agreement, and to impose new or additional rules, policies, terms, or conditions, with or without prior notice and for any reason. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this agreement as “Revised Terms”) will be effective immediately and incorporated into these Terms upon DivorcePlus’ publishing them on the App and the Site, which may be given by any means DivorcePlus designates, including by posting to the App and the Site. User acknowledges and agrees that User’s continued use of the App and the Site will be deemed to conclusively indicate User’s acceptance of any and all such Revised Terms. All Revised Terms are incorporated into, and made a part of, these Terms by this reference. DivorcePlus’ failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by DivorcePlus in writing.
If any provision of these Terms is ruled wholly or partly invalid or unenforceable by a court or other body of competent jurisdiction, then (i) the validity and enforceability of all provisions of these Terms not ruled to be invalid or unenforceable will be unaffected; (ii) the effect of the ruling will be limited to the jurisdiction of the court or other body making the ruling; (iii) the provision held wholly or partly invalid or unenforceable shall be deemed amended, and the court or other body is authorized to reform the provision, to the minimum extent necessary to render them valid and enforceable in conformity with the parties’ intent as manifested herein; and (iv) if the ruling or the controlling principle of law or equity leading to the ruling subsequently is overruled, modified, or amended by legislative, judicial, or administrative action, then the provision in question as originally set forth in these Terms shall be deemed valid and enforceable to the maximum extent permitted by the new controlling principle of law or equity.
27. TERM AND TERMINATION
These Terms are effective upon your acceptance thereof or on first use of the App or the Site, whichever is earlier, and it shall continue in effect until terminated in accordance with this section. You may terminate these Terms at any time by closing your account, discontinuing your use of the App and the Site and providing us with a notice of termination. We reserve the right, without notice and in our sole discretion, to terminate your right to use the App and/or the Site, or any portion of the App and/or the Site, and to block or prevent your future access to and use of the App and/or the Site or any portion of the App and/or the Site. We may terminate these Terms at any time by disabling access to the App and/or the Site or closing your account.
28. OTHER PROVISIONS
- Notice. Except as otherwise expressly provided herein, notices shall be given under these Terms in writing in the English language, signed by the party giving the same, and shall be given (i) personally (in which case such notices shall be deemed given when so delivered), (ii) by certified or registered U.S. Mail, properly addressed and postage pre-paid, from within the United States (in which case such notices shall be deemed given on the third business day after deposit), (iii) by generally recognized overnight courier, properly addressed and pre-paid, with next business day instruction (in which case such notices shall be deemed given on the next business day after deposit), or (iv) if to User, at DivorcePlus’ election, by e-mail (in which case such notice shall be deemed given upon transmission unless DivorcePlus receives a non-delivery email message within a reasonable time thereafter). Such notices shall be sent to DivorcePlus, c/o Richard G. Perque, CEO, 723 Camp Street, Unit 101, New Orleans, Louisiana 70130 and to User at the address for notices or email address designated by User. Either party may change its address for purposes of notice by written notice thereof to the other party.
- Force Majeure. Neither party shall be liable for any failure to perform its obligations under these Terms if such failure arises, directly or indirectly, out of causes reasonably beyond the direct control of such party and not due to such party’s own fault or negligence or that of its contractors or representatives or other persons acting on its behalf, and which cannot be overcome by the exercise of due diligence and which could not have been prevented through commercially reasonable measures, including acts of God, acts of terrorists or criminals, acts of domestic or foreign governments, change in any law or regulation, fires, floods, explosions, epidemics, disruptions in communications, power, or other utilities, strikes or other labor problems, riots, or unavailability of supplies.
- Survival. The covenants herein concerning indemnification, post-termination procedures, and any other provision that, by its nature, is intended to these Terms shall survive any termination or expiration of these Terms.
- Headings. The headings of the sections used in these Terms are included for convenience only and are not to be used in construing or interpreting these Terms.
29. CONTACT INFORMATION
All feedback, comments, requests for technical support, and other communications relating to the App and the Site should be directed to:
By Email: email@example.com
By Mail: DIVTECH INC. d/b/a DivorcePlus
723 Camp Street, Unit 101, New Orleans, LA 70130