Terms and Conditions
YOU AGREE THAT BY USING THE SITE, ANY APPLICATIONS, AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
DivorceMD provides an online portal to give visitors information about divorce, a general understanding of the unique approach to divorce that is supported by DivorceMD Applications and Services, and to provide an automated software solution to individuals and their legal counsel who choose to conduct their divorce proceedings using this unique approach (the “DivorceMD Approach”).
The Site includes general information on commonly encountered issues (both legal and otherwise) for families going through divorce. Because the law changes rapidly, DivorceMD cannot guarantee that all of the information on the Site or Applications is completely current. The law is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. Involvement with law and the legal system is a personal matter, and no general information or technological tool like the kind DivorceMD provides can fit every circumstance. Please be aware, the legal information contained on the Site and Applications is not legal advice and is not guaranteed to be correct, complete or up-to-date. Therefore, for legal advice for your specific situation, you should consult a licensed attorney in your area.
The DivorceMD Site, Applications, and Services are not intended to create any attorney-client relationship, and your use of the DivorceMD Site, Applications, Services, and/or Approach does not and will not create an attorney-client relationship between you and DivorceMD.
From time to time, DivorceMD may provide certain attorney access services and introduce our visitors to attorneys through various methods, including but not limited to providing contact information between attorney(s) and visitor(s) who express an interest in exploring the DivorceMD Approach. At no time is an attorney-client relationship fostered or created with DivorceMD through the performance of any such services.
When you subscribe to our newsletter, use or access certain portions of the Site, Applications, or the Services, request information from us, or otherwise engage with the Site, Applications or Services, you must provide complete and accurate information as requested on any applicable form. You may also be asked to provide a username and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use a third party’s login, user name or password at any time. You agree to notify DivorceMD immediately of any unauthorized use of your login, username or password. DivorceMD shall not be liable for any losses you incur as a result of someone else’s use of your login or password, either with or without your knowledge. You may be held liable for any losses incurred by DivorceMD, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else’s use of your login or password.
You also understand that if you provide to DivorceMD any product reviews, testimonials, or other feedback (“Your Opinions”), DivorceMD may use Your Opinions for the purpose of publicizing and promoting DivorceMD. By submitting Your Opinions, you authorize DivorceMD to use all or part of the statements you make in Your Opinions, as well as your first name and last initial, and your state of residence, for any lawful purpose. This information may be used in printed publications, multimedia presentations, websites, or any other distribution media. You agree that you will make no monetary or other claim against DivorceMD for the use of this information.
At no time does DivorceMD review your answers for legal sufficiency, draw legal conclusions, provide legal advice, opinions or recommendations about your legal rights, remedies, defenses, options, selection of forms, or strategies, or apply the law to the facts of your particular situation. DivorceMD is not a law firm and may not perform services performed by an attorney.
DivorceMD, its Site, Applications, and Services are not substitutes for the advice of an attorney. If you decide to engage an attorney as a mediator to work with you using the DivorceMD Site, Applications, Services, and Approach (a “DivorceMD Concierge”), by doing so you will not form an attorney-client relationship with DivorceMD.
This Site and Applications are owned and operated by DivorceMD. All right, title and interest in and to the materials provided on this Site and Applications, including but not limited to information, documents, logos, graphics, sounds and images (the “Materials”) are owned either by DivorceMD or by our respective third party authors, developers or vendors (“Third Party Providers”). Except as otherwise expressly provided by DivorceMD none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site or on any Applications shall be construed to confer any license under any of DivorceMD intellectual property rights, whether by estoppel, implication or otherwise. DivorceMD reserves any rights not expressly granted herein.
3. Limited Permission to Download.
4. Links to Third Party Sites.
This Site and Applications may contain links to websites controlled by parties other than DivorceMD (each a “Third Party Site”). DivorceMD works with a number of partners and affiliates whose sites are linked with DivorceMD DivorceMD may also provide links to other citations or resources with whom it is not affiliated. DivorceMD is not responsible for, do not necessarily share the opinions of, and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. DivorceMD makes no guarantees about the content or quality of the products or services provided by such sites. DivorceMD is not responsible for webcasting or any other form of transmission received from any Third Party Site. DivorceMD is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by DivorceMD of the Third Party Site, nor does it imply that DivorceMD sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that DivorceMD is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
5. Use of DivorceMD Applications, Forms.
License to Use.
DivorceMD grants you a limited, personal, non-exclusive, non-transferable license to use our forms (the “Forms”) for your own personal use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Forms in any manner, except for modifications in filling out the Forms for your authorized use. You shall not remove any copyright notice from any Form.
Resale of Forms Prohibited.
By using or downloading Forms, you agree that the Forms you use or download may only be used by you for your personal use and may not be sold or redistributed without the express written consent of Divorce MD
6. No Refund Policy:
All payments made to DivorcMD are non-refundable once they have been submitted. This is true for both flat-fee and subscription payments.
If you are a subscription customer, you may cancel your subscription at any time by contacting us at info@DivorceCoalition.com. When you cancel a subscription, you will continue to receive your subscription benefits until the end of the then current billing period. You will not receive a refund of any portion of the subscription fees you paid for the current or prior billing periods.
7. Addressing Change and Engaging Conflict:
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
References to “DivorceMD”, “you”, “we,” and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or devices under this or prior agreements between us.
You and DivorceMD each understand that it is possible there will be occurrences that no one anticipated. It is also possible that times may come when we find ourselves in disagreement in connection with your use of the Site, Services and/or Applications. If something unanticipated happens or if we find ourselves in disagreement, both you and DivorceMD agree that we are committed to avoiding adversarial proceedings of any kind and to seeking instead a system for collaborating to bring whatever transformation will best serve the needs of all.
Accordingly, if we find ourselves in disagreement, you and DivorceMD each commit to dedicate our efforts towards bringing ourselves back into agreement as quickly as possible by talking together honestly, openly, in good faith, and with a commitment to a sense of fairness for all involved.
Most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing our customer service department at info@DivorceCoalition.com.
In the unlikely event that our customer service department is unable to resolve a complaint you may have (or if DivorceMD has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through mediation, small claims court, or binding arbitration, instead of in courts of general jurisdiction.
If we find that we are unable to reach resolution between ourselves by informal discussion, we agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The Center for Understanding in Conflict or any other collaborative-style, joint-session dispute resolution procedure upon which we may agree.
Furthermore, you and DivorceMD each agree that our respective good faith participation in mediation (or collaborative-style dispute resolution) is a condition precedent to pursuing any other available legal or equitable remedy, including arbitration, small claims court, or other dispute resolution procedures.
Either you or DivorceMD may commence the mediation/collaborative process by providing to the other written notice, setting forth the subject of the dispute, claim or controversy and the relief requested. Within ten (10) days after the receipt of the foregoing notice, each recipient shall deliver a written response to the sender. The initial mediation/collaborative session shall be held within thirty (30) days after the initial notice.
You and DivorcMD agree to share equally the fees for the mediation/collaborative process (which shall not include the expenses incurred by each party for its own legal representation in connection with the mediation/collaborative process). Each party shall pay its own expenses (e.g. travel, lodging, legal representation and the like.)
We further acknowledge and agree that mediation/collaborative proceedings are settlement negotiations, and that, to the extent allowed by applicable law, all offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties or our agents shall be confidential and inadmissible in any arbitration or other legal proceeding involving the parties; provided, however, that evidence which is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation/collaborative process.
The provisions of this section 8 may be enforced by any Court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including reasonable attorneys’ fees, to be paid by the party against whom enforcement is ordered.
Dispute Resolution By Binding Arbitration:
Arbitration, which is often cheaper, faster, and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award. Also, in any arbitration under this arbitration provision in which you seek less than $50,000 in damages, DivorceMDwill pay reasonable attorneys’ fees should you prevail. DivorceMD will not seek attorneys’ fees from you. However, if you initiate an arbitration in which you seek more than $50,000 in damages, the payment of attorneys’ fees will be governed by the AAA rules. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.
DivorceMD and you agree to arbitrate all disputes and claims between us that have not been settled through informal discussion, mediation, or in small claims court. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising);
claims, if any, that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
claims that may arise after the termination of this Agreement.
Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and DivorceMD are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in the interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
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 DivorceMD should be addressed to info@DivorceCoalition.com (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If DivorcMD and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or DivorceMD may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by DivorceMD or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or DivorcMD is entitled.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of the arbitration provision. Unless DivorceMD and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA.If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. DivorceMD will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the AAA Rules. However, if you initiate an arbitration in which you seek more than $50,000 in damages, the payment of these fees will be governed by the AAA rules.
The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND DIVORCEMD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and DivorceMD agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
Notwithstanding any provision in this Agreement to the contrary, we agree that if DivorceMD makes any future change to this arbitration provision (other than a change to the Notice Address) during your Membership, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
8. Termination/access restriction
DivorcMD reserves the right, in its sole discretion, to terminate your access to the DivorceCoalition.com Site, Applications, and the related services or any portion thereof at any time, without notice.
9. Additional Terms
10. Reviews, Comments, Communications, and Other Content.
Rights and Responsibilities of DivorceMD.
Opinions Expressed by Content Contributors. Opinions and other statements expressed by users and third parties (e.g. bloggers) are theirs alone, not the opinions of DivorceMD User Content is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed by DivorceMD.
You acknowledge that by providing you with the ability to view and/or distribute content through our site, DivorceMD is not undertaking any obligation or liability relating to the content. DivorceMD and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor the DivorcMD Site for inappropriate or unlawful content. DivorceMD its affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, DivorceMD reserves the right to block or remove communications, postings or materials at any time in our sole discretion.
Although we cannot make an absolute guarantee of system security, DivorceMD takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us by email for help.
If Divorce MD technical staff finds that files or processes belonging to a DivorceMD Client pose a threat to the proper technical operation of the system or to the security of other DivorceMD Clients, DivorceMD reserves the right to delete those files or to stop those processes. “DivorceMD Client(s)” refers to person(s) who use the Site, Services or Applications. If the DivorceMD technical staff suspects a user identity or login is being used by someone who is not authorized by the proper user, DivorceMD may temporarily disable that user’s access in order to preserve system security. In all such cases, DivorceMD will contact the DivorceMD Client as soon as feasible.
DivorceMD has the right (but not the obligation), in our sole and absolute discretion, to edit, redact, remove, re-categorize to a more appropriate location or otherwise change any User Content.
Rights and Responsibilities of DivorceMD Users or Other Posters of User Content.
You are legally and ethically responsible for any User Content – writings, files, pictures or any other work – that you post or transmit using any DivorceMD service that allows interaction or dissemination of information. In posting User Content, you agree that you will not submit any content:
that is known by you to be false, inaccurate or misleading;
that infringes anyone’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy. Please see Compliance with Intellectual Property Laws below;
that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination, or false advertising). Please see Compliance with Export Restrictions below;
that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing, or advocates or encourages illegal conduct harmful to any individual, partnership or corporation. Please see Inappropriate Content below;
that includes advertisements, spam, or content for which you were compensated or granted any consideration by any third party;
that includes information that references other websites, addresses, email addresses, phone numbers, or other contact information;
that contains any computer virus, worms, or other potentially damaging computer programs or files;
Under United States federal law, you retain copyright on all works you create and post as User Content, unless you choose specifically to renounce it. In posting a work as User Content, you authorize others who have access to that service to make personal and customary use of the work, including creating links or reposting, but not otherwise to reproduce or disseminate it unless you give permission for such dissemination.
You grant DivorceMD a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell, distribute, and/or incorporate such content into any form, medium, or technology throughout the world without compensation to you. You have the right to remove any of your works from User Content at any time.
11. No Warranty
THE SITE, APPLICATIONS, AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE OR APPLICATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, DIVORCEMD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
DIVORCEMD MAKES NO WARRANTY THAT: (A) THE SITE, APPLICATIONS, OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, APPLICATIONS, OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, APPLICATIONS, OR ANY MATERIALS OFFERED THROUGH THE SITE OR APPLICATIONS, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, APPLICATIONS, OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.
OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE OR APPLICATIONS IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. DIVORCEMD SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
12. Limitation of Liability and Indemnification
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL DIVORCEMD, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS (“THE DIVORCEMD PARTIES”) BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SITE, APPLICATIONS, OR SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF THE DIVORCEMD PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE DIVORCEMD PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON THE SITE, APPLICATIONS, OR SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO CONTENT POSTED ON THE SITE), FOR YOUR USE OF THE SITE, APPLICATIONS, AND SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES WHETHER ON THE SITE, IN CONNECTION WITH THE SITE, APPLICATIONS, OR SERVICES, OR OTHERWISE RELATING TO THE SITE, APPLICATIONS, OR SERVICES.
13. Unsolicited Submissions
14. Compliance with Intellectual Property Laws
When accessing the DivorcMD Site or using the DivorceMD Applications or Services, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Applications, Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your DivorceMD user account.
DivorceMD has adopted a policy that provides for the immediate removal of any content, article or materials that have infringed on the rights of DivorceMD or of a third party or that violate intellectual property rights generally. DivorceMD policy is to remove such infringing content or materials and investigate such allegations immediately.
DivorceMD has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. DivorceMD has adopted a policy that provides for the immediate suspension and/or termination of any Site, Applications, or Service user who is found to have infringed the rights of DivorceMD or of a third party, or otherwise violated any intellectual laws or regulations.
DivorceMD policy is to act expeditiously upon receipt of proper notification of claimed copyright infringement to remove or disable access to the allegedly infringing content. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want the Company to delete, edit, or disable the material in question, you must provide the Company with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and, if available, email address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The above written information must be sent to our registered Copyright Agent:
If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a written counter-notice containing the following information to the Copyright Agent:
Your physical or electronic signature;
Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the designated DivorceMD Copyright Agent, DivorceMD may send a copy of the counter- notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at DivorceMD sole discretion.
15. Inappropriate Content
When accessing the Site, any Applications, or using DivorceMD Services, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that:
(i) is libelous, defamatory, obscene, pornographic, abusive or threatening;
(b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or
(c) advertises or otherwise solicits funds or is a solicitation for goods or services.
16. Compliance with Export Restrictions
You may not access, download, use or export the Site, Applications, or the Materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required.
You acknowledge and agree that the Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.
17. Personal Use
The site is made available for your personal use on your own behalf.
Minors are not eligible to use the Site or Applications and we ask that they do not submit any personal information to us.
19. Governing Law; Venue
All Site design, text, graphics, the selection and arrangement thereof, Copyright ©, DivorceMD ALL RIGHTS RESERVED.
DIVORCEMD and the DivorceMD logo, (among others) are service marks, trademarks of DivorcMD and may be registered in the USA. All images and text, and all page headers, custom graphics and button icons are copyright protected, may constitute proprietary trade dress and/or be trademarks of DivorceMD. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
BY USING DIVORCEMD SERVICES OR ACCESSING THE DIVORCEMD SITE OR APPLICATIONS, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER TO DIVORCEMD VIA THE DIVORCEMD SITE OR APPLICATIONS CONSTITUTES AN INQUIRY TO DIVORCEMD , AND THAT DIVORCEMD MAY CONTACT YOU AT THE NUMBER SUBMITTED EVEN IF SUCH NUMBER APPEARS ON ANY STATE OR FEDERAL DO NOT CALL LISTS (TAKING INTO ACCOUNT INQUIRY EXCEPTION TIME FRAMES AS APPROPRIATE).
23. Right to Refuse.
You acknowledge that DivorceMD reserves the right to refuse service to anyone and to cancel user access at any time.
24. For DivorceMD Concierges who are parties to a DivorceMD “Mediator Agreement”.
DivorceMD provides an online portal to give visitors information about divorce, a general understanding of the unique approach to divorce that is supported by DivorcMD Applications and Services, and to provide an automated software solution to individuals and their legal counsel who choose to conduct their divorce proceedings using this unique approach (the “DivorcMD Approach”).
The Site includes general information on commonly encountered issues (both legal and otherwise) for families going through divorce. Because the law changes rapidly, DivorceMD cannot guarantee that all of the information on the Site or Applications is completely current. The law is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. Involvement with law and the legal system is a personal matter, and no general information or technological tool like the kind DivorcMD provides can fit every circumstance. Please be aware, the legal information contained on the Site and Applications is not legal advice and is not guaranteed to be correct, complete or up-to-date. Therefore, for legal advice for your specific situation, you should consult a licensed attorney in your area.
The DivorceMD Site, Applications, and Services are not intended to create any attorney-client relationship, and your use of the DivorceMD Site, Applications, Services, and/or Approach does not and will not create an attorney-client relationship between you and DivorceMD.
From time to time, DivorceMD may provide certain attorney access services and introduce our visitors to attorneys through various methods, including but not limited to providing contact information between attorney(s) and visitor(s) who express an interest in exploring the DivorceMD Approach. At no time is an attorney-client relationship fostered or created with DivorceMD through the performance of any such services.MD