YOU MUST CAREFULLY READ THIS AGREEMENT BEFORE FINALIZING YOUR REGISTRATION TO OR USING ANY PART OF www.divorcecommunications.com (“THE SITE,” “SITE” or “WEBSITE”). SHOULD YOU NOT AGREE TO THE TERMS AND CONDITIONS OF THIS WEBSITE BY NOT CLICKING THE “I AGREE” BUTTON, YOU MAY NOT USE THIS SITE.
This agreement is between www.divorcecommunications.com (“us,” “we” or “our”) and you, and governs your use of the Site, including and not limited or restricted to all content, information, text, graphics, design, interfaces, financial transactions and requests on or through the Site, as well as all products, services or advertisements offered on, through or in conjunction with the Site (“Content”).
By clicking the “I Agree” button, you agree to the terms and conditions contained in this Agreement.
Not A Substitution for Legal Advice This Site does not offer nor should it be used in place of the advice of a lawyer licensed to practice in your state. We do not give legal advice. Before any use of this Site, you agree to consult with your lawyer to make certain your jurisdiction allows the use of this Site and the services it offers. We do not take responsibility for any advice given to you by your legal counsel.
Use of Site in Good Faith and in Accordance with all Court Orders By clicking the “I Agree” button you agree to use this Site in Good Faith, and not for any illegitimate or illegal purposes. You shall not use this Site to harass, intimidate, coerce or otherwise harm the other parent, guardian, any party or any user. Further, your use of this site shall comply with all Court Orders, specific to your case and in accordance with the directives of any Judge, Magistrate or other judicial official. This Site assumes no liability for any non-compliance with judicial orders by any party, and membership may be revoked for continued use of this Site for illegitimate, illegal or bad faith purposes.
Choice of Law The Terms and Conditions of this Site, as well as any disagreements, are governed by the law of the State of Illinois. No effect shall be given to the principles of the conflicts of law.
Stipulation of Printed Documents Into Evidence As a Term and Condition of the use of this Site you agree to make all good faith efforts to stipulate to the foundation, chain of custody and all other aspects of admissibility into evidence in your jurisdiction, of all printouts from this website. In the event there is a good faith disagreement about the authenticity of any document printed from this website, a certified copy may be ordered from the keeper of records. Should a certified copy be ordered, there will be a document recovery and processing fee of $250.00 per hour, in addition to any postage fees. Such fees shall be paid within thirty (30) days of receipt of any requested documentation. 5. Appearance in Court In the event the Keeper of Records or any owner, officer, director, or employee of this Company is called to court testify as to the authenticity of any document printed from this website, or any disagreement between users of this website, or for any other reason in a case where the Site is not named as a party, a document recovery of $250.00 per hour, plus a travel fee of $100.00 per hour, plus all travel and per diem expenses at the prevailing government rate, shall be charged to the User. All fees are due by certified check or cashier’s check, payable to the Company, upon arrival of the Company representative at the courthouse.
Granting of License; Site Access; Disclaimer Subject to the terms of this Agreement, we hereby grant, and you hereby accept, a limited, non-exclusive, non-transferable license to use this Site, its services and content. You agree that you shall not modify, copy, revise, alter, display, paraphrase, store, timeshare, publish, sublicense, transmit, sell, rent, lease, capture or otherwise transfer, distribute or disseminate this Site or its Contents, or any portion thereof, or create derivative works thereof, except as specifically authorized herein. Further, you agree not to modify in any way, or delete any warnings, notices, liability limitations, or other license provisions contained on this Site or in its Content. You further agree that you shall, at all times, provide us with information that is truthful, current, accurate and complete. If we discover, at any time, any error or omission in the information you provided to us, we may, at our option and in our sole discretion, terminate your right to access and use the Site.
As mentioned above, this Site does not provide legal advice nor should it be substituted for the advices of a licensed lawyer in your jurisdiction, mediator or other professional. You shall, as a term of use of this site, first consult with your lawyer to make certain the use of this Site and its features is permitted by law in your jurisdiction and is in accordance with the judicial orders entered in your specific case. By your use, you warrant that you have all rights necessary to receive, use, transmit and disclose all data that you use in any way with this Site and you acknowledge that your reliance upon the Site and any Content is solely and exclusively at your own risk.
User Fees Use of this Site is subject to the payment of a subscription fee. You may pay a monthly subscription fee of $9.99. Additionally, this fee does not include any record recovery or court appearance charges that the user may accrue. In the event you pay your user fee with a credit card. We will immediately charge your credit card for the subscription fee and for monthly subscriptions the credit card on file will be charged unless subscription is cancelled prior to the following month.
Cancellation Policy You may cancel your subscription at any time to the Site. To cancel you must follow the directions as outlined on www.DivorceCommunications.com. To be clear, you must go into your own account and deactivate your own account. DivorceCommunications will not deactivate your account on your behalf. DivorceCommunications is not responsible if a member does not deactivate their own membership. That is only way a member can cancel their account. In the event your service is terminated for any breach or violation of this agreement, you shall not receive a refund.
Intellectual Property Ownership and Use of This Site consists of copyrighted works proprietary to us or to third parties who have provided such Content. You may download and print copies of the Content solely for your personal records, court proceedings, discussions with your legal, medical or mental health professional, absent other legal restrictions and other non-commercial use. Any material you download or print (excluding information provided by you) may not be altered, changed or edited in any way, and must respect and represent all copyright and proprietary rights and notices wherever contained in this consent. ANY UNAUTHORIZED OR UNAPPROVED USE OF THIS SITE, CONTENTS OR CONTRIBUTIONS CONSTITUTES COPYRIGHT INFRINGEMENT AND SUBJECTS YOU TO ALL CIVIL AND CRIMINAL PENALTIES PROVIDED FOR UNDER PATENT, COPYRIGHT AND OTHER APPLICABLE LAWS, RESTRICTIONS AND REGULATIONS. You further agree that we and our third party content providers own all worldwide rights, title and interest in and to the Site and the Content, regardless of whether the rights are expressly granted in this Agreement or are reserved to us. No other rights or licenses, whether express, implied, arising by estoppels or otherwise are conveyed or intended by this Agreement.
Password Policy You are required to have a password to access and use the site. You are solely responsible for (A) maintaining the strict confidentiality of your password, (B) instructing any individual to whom you disclose your password not to allow another person to use your password to access the Site without your express permission, (C) any charges, damages, or losses that may be incurred or suffered as a result of your failure, or the failure of any individual using your password, to maintain the strict confidentiality of the password, and (D) promptly informing us in writing of any need to deactivate a password due to security concerns. We are not liable for any harm related to authorization, disclosure or theft of your password. You agree to immediately notify us of any unauthorized use of your password. You will be liable for any use of the Site through your password, even if you are not the one who used the Site. Additionally, you are liable for any unauthorized use of the Site until you notify us of any security breach. Lost passwords will be e-mailed to the designated account through the option on our website. Accordingly, you are obligated to secure the password used to access the e-mail service where your password from this Site will be sent.
Confidential Personal Information Our Site enables you to transmit, store, and receive confidential personal information regarding you, your family, your finances and other persons. You represent and warrant that you will, at all times during the term of this Agreement and thereafter, comply with all laws directly or indirectly applicable to you that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of the confidential personal, financial and health information. You further represent and warrant that you will use your best efforts to cause all persons or entities under your direction or control to comply with such laws. You are, at all times during the term of this Agreement and thereafter, solely responsible for obtaining and maintaining all legally necessary consents or permissions, required or advisable, to disclose, process, retrieve, transmit, and view the confidential personal information you transmit, store, or receive in connection with the Site. You agree that we, our licensors, and all other persons or entities involved in the operation of the Site, have the right to monitor, retrieve, store and use confidential personal information in connection with the operation of the Site, and that we are acting on your behalf in transmitting confidential personal information. We agree to use commercially reasonable efforts to maintain the confidentiality of such information and prevent the disclosure of such information to third parties except in connection with the transmission, storage, retrieval, and disclosure of such information on your behalf and as may be required or permitted by law. WE CANNOT AND DO NOT ASSUME ANY RESPONSIBILITY FOR YOUR USE OR MISUSE OF CONFIDENTIAL PERSONAL OR FINANCIAL INFORMATION OR OTHER INFORMATION TRANSMITTED, MONITORED, STORED OR RECEIVED WHILE USING THE SITE OR ANY SERVICES OFFERED THEREON.
Warranty Disclaimer THE SITE IS PROVIDED TO YOU ON AN “AS IS, WITH ALL FAULTS” BASIS, AND YOUR USE IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ANY WARRANTIES ARISING BY COURSE OF DEALING, CUSTOM OR TRADE. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY CONTENT IS ACCURATE, COMPLETE, APPROPRIATE, RELIABLE OR TIMELY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE (A) WILL BE UNINTERRUPTED OR ERROR-FREE, (B) IS FREE OF VIRUSES, UNAUTHORIZED CODES OR OTHER HARMFUL COMPONENTS OR INTRUSIONS OR (C) IS SECURE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOURSELF AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE.
Limitation of Liability UNDER NO CIRCUMSTANCES WILL WE OR ANY OF OUR PROVIDERS BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER INDIVIDUAL, ENTITY, HEIR OR ASSIGNEE FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS AND LOST BUSINESS OPPORTUNITIES), SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO (A) USE OF THE SITE OR ANY SERVICES OFFERED THEREON, INCLUDING FINANCIAL TRANSACTIONS AND TRANSFERS OF MONIES, (B) RELIANCE ON THE CONTENT BY YOU OR ANYONE USING YOUR PASSWORD OR LOG IN INFORMATION OR WHO VIEWS THE WEBSITE WHILE YOU ARE USING THE SITE OR (C) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES OR ANY OTHER FAILURE TO PERFORM BY US OR OUR CONTENT PROVIDERS. THE FOREGOING EXCLUSION SHALL APPLY REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF, NOTWITHSTANDING THE TERMS OF THIS AGREEMENT, WE SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AND WE AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE LESSER OF $1,000 OR THE FEES YOU PAID TO US DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED WHICH GAVE RISE TO YOUR CLAIM. YOU AND WE AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED UPON ALLOCATION OF RISK BETWEEN YOU AND US, WHICH CONSIDERS THE FEES, IF ANY, WE CHARGE YOU TO USE THE SITE. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE THE SITE TO YOU.
Arbitration Agreement Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Chicago, Illinois before one arbitrator. The arbitration shall be administered by JAMS (www.jamsadr.com) pursuant to its Streamlined Arbitration Rules and Procedures. Costs of arbitration shall be split equally between the parties. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. All damages awarded in arbitration shall not exceed the damage limitation of liability outlined in these above Terms and Conditions.
Indemnity You agree to defend, indemnify and hold us harmless from any claims, losses, expenses, costs or damages (including reasonable attorneys’ fees, expert fees and other costs of litigation including filing fees and court costs) arising from, incurred as a result of or in any manner related to (A) your breach of the terms of this Agreement, (B) use of the Site and any services offered thereon by you or any other person using your password, and (C) the unauthorized or unlawful use of the Site by you or any other person using your password, regardless of the person’s acquisition of your password.
Termination of Agreement Your right to access and use the Site immediately terminates, without advanced warning or further notice, upon your breach of this Agreement. We may terminate this Agreement and/or your right to use the Site at any time, with or without cause. Paragraphs 6, 12, 13, 14, 15 and 16 of this Agreement survive the expiration or termination of this Agreement for any reason whatsoever. We reserve the right to discontinue or make changes to the Site at any time.
Assignment and/or Waiver We may assign this Agreement, in whole or in part, in our sole discretion. You may not assign your rights under this Agreement without our express prior written permission. Any attempt by you to assign your rights under this Agreement without our permission shall be void. The waiver by us of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach, on an ongoing waiver. If any provision of this Agreement is held by a court of competent jurisdiction or arbitrator to be contrary to law, the remaining provisions of this Agreement shall remain in full force and effect.
Transfer of Funds All transfers of funds shall be governed by the Illinois Uniform Commercial Code (810 ILCS 5/ et seq.) or the Electronic Funds Transfers Act (15 U.S.C. §§ 1693 et seq.), where applicable.
Use of Transfers You shall not use the transfer of funds feature of this Site in bad faith, to commit or engage in or facilitate fraud, for any illegitimate purpose or in violation of any Federal, State or Local law.
Taxes It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. Our Site is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.
Third Party Web Sites You may be able to link from the Site to third party web sites and third party web sites may link to the Web Site ("Linked Sites"). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such web sites or the information, content, products, services, advertising, code or other materials presented on or through such web sites. The inclusion of any link to such sites on our Site does not imply our endorsement, sponsorship or recommendation of that site. We disclaim any liability for links (1) from another web site to this Site and (2) to another web site from this Site. We cannot guarantee the standards of any web site to which links are provided on this Site nor shall we be held responsible for the contents of such sites, or any subsequent links. We do not represent or warrant that the contents of any third party web site is accurate, compliant with state or federal law or compliant with copyright or other intellectual property laws. Also, we are not responsible for or any form of transmission received from any linked web site. Any reliance on the contents of a third party web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
Section Headings Numbered section headings of the various sections of these Terms and Conditions have been inserted only for the purposes of convenience, are not part of the Terms and Conditions of this Agreement, and shall not be deemed in any manner to modify, explain or expand any of the provisions of this agreement.
Entire Agreement This Agreement contains the entire agreement between you and us relating to the subject matter hereof, and supersedes any other oral or written communications relating thereto. You agree that you have not relied on any other verbal or written statements, actions or representations by us, our employees or agents in consenting to the terms of this Agreement. This Agreement may not be amended or supplemented by any document originated by you relating to the subject matter hereof, or any statements of any of our employees and agents. We reserve the right to make changes to this Agreement at any time without advance notice. We agree to put any amended forms of this Agreement on the Site. You must read and assent to the most current form of this Agreement before using the Site to ensure that you agree to the terms and conditions of any amendments made to this Agreement.