C) LetsGetDivorced.com may change (add to, delete, or amend) the Terms & Conditions from time to time, with or without cause. Should this occur, You agree that LetsGetDivorced.com may provide You notice of such changes in any of the following ways: via an email from LetsGetDivorced.com and/or by posting a change notice on the website for a reasonably limited time. It is Your responsibility to review any revised Terms & Conditions. Should You find any subsequent revisions to the Terms & Conditions unacceptable, You must cease using LetsGetDivorced.com' services. By continuing to access, use, or download in any way any service from LetsGetDivorced.com following notice of a revision to the Terms & Conditions, You agree to and are bound by the Terms & Conditions as revised.
2. ACCEPTING THE TERMS
Use of this website constitutes acceptance of all terms of this agreement.
A) If You do not agree to the Terms & Conditions, do not use LetsGetDivorced.com. If You access, use, or download in any way any service from LetsGetDivorced.com, You agree to and are bound by these Terms & Conditions. You may not use the Services if you do not accept the Terms. If you do not agree to the Terms & Conditions, do not use the Service.
B) You can accept the Terms by:
a. clicking to accept or agree to the Terms, where this option is made available to you in the user interface for any Service; or
b. by actually using the Services. In this case, you understand and agree that we will treat your use of the Services as acceptance of the Terms from that point onwards.
C) You may not use the Services and may not accept the Terms if you are not of legal age to form a binding contract with us, or you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
3. LICENSE AND SITE ACCESS - PERSONAL USE
You may access LetsGetDivorced.com, LLC. and use the associated Services for personal use only. You are prohibited from using LetsGetDivorced.com, LLC. for any commercial purpose or gain. If we learn that you are using LetsGetDivorced.com, LLC. for a commercial purpose or gain, you agree that our harm cannot be adequately addressed by damages alone and consent to an injunction, both preliminary and permanent. You agree not to engage in any conduct that injures or may injure the business, reputation or goodwill of LetsGetDivorced.com, LLC. . You are also prohibited from using LetsGetDivorced.com, LLC. for fraudulent or otherwise illegal purposes. If you learn that any user is using LetsGetDivorced.com, LLC. for fraudulent or otherwise illegal purposes, you will immediately notify us in writing.
The resale or distribution of LetsGetDivorced.com, LLC.'s forms is strictly prohibited.
By using LetsGetDivorced.com, LLC., you represent that you are physically located in a U.S. state, or a jurisdiction located outside the United States, in which your use of LetsGetDivorced.com, LLC. is not prohibited by the laws of that state or jurisdiction. You understand that we may monitor your Internet access location, but have no obligation to do so, and may block use or restrict access from a jurisdiction in which use of LetsGetDivorced.com, LLC. is illegal or restricted.
A) We grant you a limited license to access and make personal use of this site and not to download or modify it, or any portion of it, except with express written consent from us. This license does not include any resale or commercial use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
B) This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent by us.
C) You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Service without express written consent. You may not use any meta-tags or any other "hidden text" utilizing our name or trademarks without the express written consent by us.
D) Any unauthorized use terminates the permission or license granted by us.
4. USE OF WEBSITE AND/OR ITS SERVICES DO NOT CONSTITUTE AN ATTORNEY-CLIENT RELATIONSHIP
LetsGetDivorced.com, LLC. IS NOT A LAW FIRM, AND THE EMPLOYEES OF LetsGetDivorced.com, LLC. MAY NOT AND ARE NOT ACTING AS YOUR ATTORNEY.
YOU ARE PROHIBITED FROM USING, RELYING UPON OR CONSTRUING ANY OF THE INFORMATION CONTAINED ON THE WEBSITE AS LEGAL ADVICE. YOU MUST CONTACT AN ATTORNEY IN YOUR JURISDICTION IF YOU SEEK LEGAL ADVICE IN ANY FORM OR FOR ANY PURPOSE.
LetsGetDivorced.com, LLC. has prepared this Website for the general public for informational purposes only. The information provided
to you at this site should not be relied upon or construed as legal advice or legal opinion. It is not an offer to represent you, nor is it intended
to create an attorney-client relationship. The content of any Internet email sent to LetsGetDivorced.com, LLC. at any of the
email addresses set forth in this site will not create an attorney-client relationship, although they will be treated as confidential. You should not
rely upon the information provided to you at this site without seeking individual advice from an attorney. Nothing you do on the Site, or communication
you may initiate or have with us, including registering on the Site and creating a private account will establish an attorney-client relationship.
LetsGetDivorced.com, LLC. provides a document self-preparation product for individuals who choose to prepare their own legal documents for use in various capacities. This website does not provide legal services and is not a document preparation service. LetsGetDivorced.com, LLC. is not a lawyer or law firm, and your use of LetsGetDivorced.com, LLC. does not create an attorney-client relationship or privilege. LetsGetDivorced.com, LLC. uses the responses and answers provided by the user in an online interview to automatically generate a set of forms. The documents the user prepares using LetsGetDivorced.com, LLC. are then delivered to the user with general instructions on the filing process. At no time do we review the answers and responses provided by the user in the online interview for legal sufficiency, nor do we draw legal conclusions, provide advice, or apply the law to the facts of the user's particular situation. Instead, you are and will be representing yourself in any legal matter you undertake relating to your use of LetsGetDivorced.com, LLC.. You are solely responsible for your own responses, selections and actions and for independently determining whether the documents and filing instructions provided by LetsGetDivorced.com, LLC. comply with the laws, regulations and rules of your applicable jurisdiction.
LetsGetDivorced.com, LLC. may include legal information or general statements of the law for informational purposes only. Legal information by itself is often insufficient to resolve legal problems and may not apply to the user's individual circumstances. The requirements for preparing a proper legal document vary depending on local, state and federal laws, regulations, and the court's interpretation in the user's jurisdiction. We cannot guarantee that all of the information provided by LetsGetDivorced.com, LLC. is completely current or correct. Because of changes in the law, variations between and within jurisdictions, and different interpretations of the law, you are urged to consult a licensed attorney in his or her state if you require legal advice or if you have any questions concerning the applicability of the LetsGetDivorced.com, LLC. product to your particular circumstances.
A) I understand and agree that LetsGetDivorced.com is not a law firm or an attorney, may not perform services performed by an attorney, and is not the substitute for the advice of an attorney. Rather, I am representing myself in this legal matter. No attorney-client relationship or privilege is created with LetsGetDivorced.com.
B) If, prior to my purchase, I believe that LetsGetDivorced.com gave me any legal advice, opinion or recommendation about my legal rights, remedies, defenses, options, selection of forms or strategies, I will not proceed with this purchase, and any purchase that I do make will be null and void.
C) LetsGetDivorced.com exists solely within the County of New York in the State of New York. I agree that regardless of where I reside or where my browser is physically located, my viewing and use of LetsGetDivorced.com occurs solely within the County of New York in the State of New York, and that all content and services shall be deemed to be served from, and performed wholly within, New York, New York, as if I had physically traveled there to obtain such service. I agree that New York law shall govern any disputes arising from my use of this website. I understand that these Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to me in the event of a dispute as described in the LetsGetDivorced.com Arbitration Agreement, contained in Paragraph ?? of these Terms of Service.
D) I WILL READ THE FINAL DOCUMENT(S) BEFORE SIGNING TEHM AND AGREE TO BE SOLELY RESPONSIBLE FOR THE FINAL DOCUMENT(S).
A) You may register only once with other LetsGetDivorced.com users, and You must provide a postal address where You reside (P.O. boxes or similar arrangements are not permitted). You agree not to have more than one account. You must not provide misleading information when registering. Your chosen username must not be offensive, rude, disparaging, or intended to deceive or delude other LetsGetDivorced.com users.
Your username may not advertise for other websites or services or otherwise violate the intellectual property rights of any third party.
B) If LetsGetDivorced.com receives information that Your username is illegal or in breach of these Terms & Conditions as evaluated in LetsGetDivorced.com' sole discretion, Your user account may be frozen until You change the username. LetsGetDivorced.com also may permanently close Your account without prior notice to You for violating these Terms & Conditions.
C) You are responsible for keeping Your user account password confidential. LetsGetDivorced.com will never ask for Your password except during login. You should never provide Your password to anyone, including LetsGetDivorced.com' employees. User accounts are non-transferable. Only You may use Your user account. You agree to be liable for all offensive or unlawful activities that are undertaken using Your user account.
D) By accepting the Terms & Conditions and/or registering with the Service, You confirm that you are at least 18 years of age and at least age of majority subject to the laws of the state, city or other legal entity ("Jurisdiction"); therefore can engage in a binding contract.
E) By using the service, you warrant that you have the right, authority, and capacity to enter into this agreement and to abide by all of the Terms & Conditions.
F) If you access, use, or download in any way, any service from Us, You agree to and are bound by these Terms & Conditions.
G) We limit the number of user accounts per natural person and/or per household to one.
H) During the registration process, you must choose a username. The username must not be
b. be selected to deceive or misinform other users,
c. may not offend common decency or infringe upon the rights of third parties.
I) If we receive information of a username which is illegal or in breach of these Terms, this username can be amended by us without prior notice.
J) You agree not to post User Content that
a. plagiarizes, violates or infringes upon the rights of any third-party, including trade secret, copyright, trademark, trade dress, privacy, patent, moral right, publicity, or other personal or proprietary rights, and/or
b. contains unlawful, tortious, threatening, harmful, vulgar, defamatory, false, intentionally misleading, libelous, pornographic, obscene, patently offensive, inappropriate, offensive, harassing, or other unacceptable material or materials that are harmful to minors.
K) You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Service and that your user account may be used only by you and not anyone else. Accordingly, you agree that you will be solely responsible to us for all activities that occur under your account. You must notify us immediately of any breach of security or unauthorized use of your Account. Although we will not be liable for your losses caused by any unauthorized use of your Account, you may be liable for the losses of the Services of others relating to any such unauthorized use.
L) User accounts created during registration are non-transferable.
M) We may at any time terminate your Account, for any reason or no reason, with or without notice.
N) You agree not to engage in any activity that circumvents, interferes with or disrupts the Services (or the servers and networks connected to the Services) or any user experience of our Services including but not limited to
a. accessing any of the Services by means other than through the interface provided by Us (e.g. no use of scripts or web crawlers);
b. manipulating our fee structure and/or the billing process
c. distributing spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes; or
d. collecting information about any users, including email addresses, without their consent.
O) We reserve the right, at our sole discretion, to de-activate any user's account based on suspicion of engaging in such activity. We also reserve the right to withhold any deliveries of products and/or any refunds that may otherwise be due to any such user, and such user hereby agrees to indemnify and hold the Website, its officers, directors, employees, agents and licensors, harmless for any and all damages and losses (including all costs and legal fees) suffered, and which damages and losses either directly or indirectly are caused by or as a result of any such actions by the user.
P) Without limiting other remedies, we may limit, suspend, or terminate our Service and user accounts, prohibit access to our sites and their content, services, and tools, delay or remove hosted content, including any User Content and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies.
Q) We reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue the Website, services, or tools at any time without prior notification.
a. Without limitation to any other rights or remedies, We reserve the right to block access to the user account until payment in full of the invoice amount, and to withhold any outstanding deliveries until payment in full.
R) In event of chargeback or payment dispute, We have the right to terminate the user's account. No access to the site will be allowed until the matter is resolved. The User's account will not be re-activated until the fee is paid by the user.
T) If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due).
a. We reserve the right to withhold any outstanding deliveries and block your access to your account until payment in full of any amounts owed are received in full.
A) Upon payment of the applicable purchase price, and your completion of all questions in your online questionnaire, including any applicable child support questions, your divorce forms will be available for you to digitally download from the website.
7. SALES OF DIGITALLY DELIVERED DIVORCE FORMS ARE NON-REFUNDABLE
A) Your purchase to use the LetsGetDivorced.com online divorce forms preparation service is non-refundable.
B) The LetsGetDivorced.com online divorce forms preparation service is used to provide you with legal documents (divorce forms for filing an uncontested no-fault divorce in your selected state), that are digitally delivered to your online account on LetsGetDivorced.com in the form of PDF documents, and all purchases for these digitally delivered divorce forms are non-refundable.
8. DIVORCE FORMS GUARANTEE / REFUNDS
100% Court Acceptance Guarantee.
A) The divorce documents provided to you by LetsGetDivorced.com are guaranteed. The documents are guaranteed to be for
filing a no-fault uncontested divorce in your specific state. If your documents are not accepted by the court due to a defect in the
documents due to the fault of LetsGetDivorced.com, and in the unlikely event that we are unable to fix the document(s),
we will give you a full refund.
To be eligible to request a refund you must file all of your divorce documents within 15 days of the date you purchased your divorce documents,
and you must contact LetsGetDivorced.com and provide us with the following information via certified US Mail postmarked
within 30 days after the date you purchased your documents from LetsGetDivorced.com:
(i.) A written and dated rejection letter from the court where you filed or attempted to file your divorce documents.
The rejection letter must legibly provide the following information:
(ii.) The names of the specific document(s) that was/were rejected.
(iii.) The specific reason(s) for the rejection of the document(s) by the clerk/judge/court.
(iv.) Copies of the document(s) you filed or attempted to file that was/were rejected.
B) Please note that we cannot guarantee the results or outcome of your particular procedure. For instance, the clerk/court
may reject/deny a filing for divorce for legal reasons beyond the scope of our service. In some cases, a court backlog can lead to
long delays before your process is complete. Problems like these are beyond our control and are not covered by this guarantee.
C) No refund will be provided if you cannot locate your spouse, or your spouse will not sign the divorce papers that require
their signature, or if your spouse (or their attorney) contests your divorce in court.
D) No refund will be provided if you change your mind and decide, for any reason, to not use our divorce forms to file your divorce.
E) No refund will be provided if you file for divorce and/or your spouse files a separate suit for divorce, or any
other matrimonial action related to your marriage (or your children if you have children).
F) No refund will be provided if you are unable to use our service, or unable to file your divorce papers, or your
divorce papers are rejected or denied by the court, due to a mistake or error that you made, or incorrect information that you provided,
or a change in your situation.
G) No refund can be issued more than 90 days after the date you purchased your divorce documents.
H) If you do not follow these instructions you will not be eligible for a refund.
I) For questions about this guarantee and refund policy please contact customer service at: firstname.lastname@example.org.
9. SYSTEM OUTAGES
A) With current technology, it is not possible to develop and operate computer programs (software) and data processing
systems (hardware) entirely without error, or to rule out any unpredictable events in connection with the
Internet. LetsGetDivorced.com, therefore, provides no guarantee for the constant and uninterrupted availability of
the website and other technical systems. LetsGetDivorced.com shall not be liable for any damage incurred by users or
third parties from using LetsGetDivorced.com' services.
B) Our Service provides no assurance or promise for the constant and uninterrupted availability of the Website and technical systems.
10. INFORMATION INACCURACY DISCLAIMER
A) From time to time there may be information on the website that may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
11. DISCLAIMER OF WARRANTY
A) THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. NEITHER OUR WEBSITE, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, SUPPLIERS OR LICENSORS MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
B) TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, OUR SERVICE, ITS AFFILIATES, RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. OUR SERVICE, ITS AFFILIATES, AGENTS, THIRD PARTY CONTENT PROVIDERS, SUPPLIERS AND LICENSORS DO NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM US ARE FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS. IN ADDITION, OUR SERVICE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT.
12. LIMITATION OF LIABILITY
A) YOU AGREE THAT USE OF LetsGetDivorced.com IS AT YOUR SOLE RISK. YOU AGREE THAT, EXCEPT AS EXPLICITLY SET FORTH HEREIN, OUR SERVICE, ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, LICENSORS, AND SUPPLIERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY OF THE FOLLOWING TYPES OF DAMAGES RELATED IN ANY WAY TO OUR RELATIONSHIP WITH YOU (INCLUDING OUR PRODUCTS, SERVICES, OR SITE CONTENT) OR THIRD-PARTY MATERIALS OR WEB SITES: INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS OR GOODWILL, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, RELATED TO OUR PRODUCTS OR YOUR ACCESS TO, AND USE OF, OUR SITES OR ANY OTHER HYPER-LINKED THIRD PARTY WEB SITE, EVEN IF WE HAVE BEEN ADVISED OF, OR ARE AWARE OF, THE POSSIBILITY OF SUCH DAMAGES.
B) YOUR USE OF LetsGetDivorced.com IS AT YOUR SOLE RISK. THIS WEBSITE, INCLUDING THE SERVICE AND SOFTWARE, IS PROVIDED BY LetsGetDivorced.com ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, LetsGetDivorced.com DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
C) LetsGetDivorced.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF LetsGetDivorced.com, SECURITY OF THE WEBSITE, THE RESULTS THAT MAY BE OBTAINED FROM USE OF LetsGetDivorced.com, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE. WITHOUT LIMITING THE FOREGOING, LetsGetDivorced.com DOES NOT WARRANT THAT THE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT, THAT THE SITE WILL MEET YOUR REQUIREMENTS, THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY SERVICE OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS & CONDITIONS.
E) YOU EXPRESSLY UNDERSTAND AND AGREE THAT LetsGetDivorced.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THE WEBSITE, SOFTWARE, OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
F) THE LIMITATIONS OF THIS SECTION SHALL APPLY NOTWITHSTANDING ANY RELIANCE ON ANY INFORMATION OBTAINED FROM LetsGetDivorced.com OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PROVIDER RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT LetsGetDivorced.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS LIMITATION SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH LetsGetDivorced.com.
G) THIS LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF OR RELIANCE ON LetsGetDivorced.com SERVICES OR ITEMS PURCHASED THROUGH LetsGetDivorced.com, FROM INABILITY TO USE LetsGetDivorced.com' SERVICES OR ITEMS PURCHASED THROUGH LetsGetDivorced.com, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF LetsGetDivorced.com' SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
H) EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, LetsGetDivorced.com MAKES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, OR ANY RELATED SERVICES PERFORMED BY LetsGetDivorced.com OR ANY OF ITS AGENTS OR SUBCONTRACTORS IN CONNECTION WITH ANY ORDER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
YOU AGREE THAT LetsGetDivorced.com SHALL NOT BE LIABLE FOR PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE USE, IMPROPER HANDLING, MODIFICATION, OR MISUSE OF THE PRODUCTS BY YOU OR ANY OTHER PERSON FOLLOWING DELIVERY BY LetsGetDivorced.com . IN NO EVENT SHALL LetsGetDivorced.com BE LIABLE TO YOU OR ANY OTHER PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR GOODWILL, LOSS-OF-USE DAMAGES OR ADDITIONAL EXPENSES INCURRED, WHETHER PURSUANT TO A CLAIM IN CONTRACT, TORT OR OTHERWISE, AND WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR OTHERWISE.
I) CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
13. GOVERNING LAW
B) THE NEW YORK COURTS (STATE AND FEDERAL), SHALL HAVE SOLE JURISDICTION OF ANY AND ALL CONTROVERSIES ARISING OUT OF OR RELATED TO THIS AGREEMENT; ANY ACTION OR OTHER PROCEEDING WHICH INVOLVES SUCH A CONTROVERSY SHALL BE BROUGHT SOLELY IN COURTS IN NEW YORK, NEW YORK AND NOT ELSEWHERE. THE PARTIES WAIVE ANY AND ALL OBJECTIONS TO VENUE IN THOSE COURTS AND HEREBY SUBMIT TO THE JURISDICTION OF THOSE COURTS.
D) No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees.
E) In the event of any controversy or dispute between us and you arising out of or in connection with your use of the Website, the parties shall attempt, promptly and in good faith, to resolve any such dispute.
A) You agree to indemnify, defend, and hold LetsGetDivorced.com and its members, managers, shareholders, directors, officers, employees, agents, affiliates, licensors, and other partners (collectively, the "Indemnified Persons") harmless from any loss, cost, expense, liability, claim, or demand, including reasonable attorneys' fees, suffered by any Indemnified Persons due to, arising out of, or in connection with (i) Your use of LetsGetDivorced.com or any of the services offered by LetsGetDivorced.com, (ii) any violation of these Terms & Conditions by You or any person acting in collusion with You, (iii) any violation of applicable law or court order by You, and (iv) any negligence or willful misconduct by You.
15. ACCOUNT TERMINATION
A) You may permanently close your account at any time by logging into your account and following the procedures to deactivate your account.
B) LetsGetDivorced.com reserves the right to temporarily or permanently terminate Your account at LetsGetDivorced.com sole discretion if it determines or suspects
You have violated these Terms & Conditions, any laws, or the rights of our other users or other third parties.
C) Notwithstanding the foregoing enumerated terms, we may, at any time, exercise our sole discretion to cancel a registered user's account and/or to suspend or permanently exclude a user from participating in Our Website and any of its services.
16. VOID WHERE PROHIBITED
A) We administer and operate the website from our location; other sites by us may be administered and operated from various locations outside the United States.
B) Although our website is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the website are available to all persons or in all geographic locations, or appropriate or available for use outside the United States.
C) We reserve the right to limit, in our sole discretion, the provision and quantity of any feature, product or service to any person or geographic area.
D) Any offer for any feature, product or service made on Our Website is void where prohibited.
E) If you choose to access the Website from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
17. INTELLECTUAL PROPERTY RIGHTS
A) All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Site or its third party suppliers/licensors and may be protected by United States and international copyright laws.
B) The Site’s logos are trademarks of the Site's Sponsoring Company and any of its subsidiaries. All rights reserved. All other trademarks appearing on the Site are the property of their respective owners.
C) The Site's trademarks and trade dress may not be used in connection with any product or service that is not the Site's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits the Site.
D) Other company or product names are the trademarks or registered trademarks of their respective holders.
18. EXTERNAL LINKS
A) Our website may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. These links are provided strictly for your convenience and do not constitute an endorsement or approval of these websites.
B) We assume no liability for the content of external links. The operators of the sites linked to and from this site are solely responsible for their contents. We cannot take any responsibility for the content, protection, or privacy guidelines of third-party websites.
19. FORCE MAJEURE
A) You agree that We will not be liable, or be considered to be in breach of this Agreement, on account of our delay or failure to perform as required under the terms of this Agreement as a result of any causes or conditions that are beyond our reasonable control and that we are unable to overcome through the exercise of commercially reasonable diligence (a “Force Majeure Event”). If any such Force Majeure Event occurs including, without limitation, acts of God, fires, explosions, results of vandalism or computer hacking, storm or other natural occurrences, national emergencies, insurrections, riots, wars, strikes or other labor difficulties, or any act or omission of any other person or entity, we will give you notice and will use commercially reasonable efforts to minimize the impact of any such event.
20. DISPUTE RESOLUTION
A) By agreeing to these Terms & Conditions, You and LetsGetDivorced.com each waive the right to a jury trial or to participate in a class action.
B) You agree that any and all claims, disputes, and causes of action arising out of or relating to Your use of the LetsGetDivorced.com website or arising under these Terms & Conditions (each a "Dispute" and collectively, "Disputes") shall be resolved as set forth in this section. Before initiating any formal Dispute resolution proceedings, You agree to negotiate with LetsGetDivorced.com regarding any Disputes in good faith on an individual basis, and not as a plaintiff or class member in any purported class or representative proceeding. You may initiate these negotiations by sending a notice of the Dispute (the "Notice of Dispute") to LetsGetDivorced.com in a manner specified in the "Notices" section below. If LetsGetDivorced.com and You do not reach an agreement regarding a Dispute within 30 days following LetsGetDivorced.com receipt of the Notice of Dispute, LetsGetDivorced.com and You agree to submit such Dispute to binding arbitration, on an individual basis, under the rules of the American Arbitration Association. The proceedings shall be governed by the Federal Arbitration Act, and the award may be enforced in any court of competent jurisdiction. All administrative costs of any arbitration shall be split evenly between the parties. Each party shall be responsible for paying its own attorney fees, expert fees, and litigation expenses and not those of the adversary. To the maximum extent permitted by law, the parties agree that the arbitration award shall not include consequential or punitive damages but shall only award the aggrieved party the actual damages sustained.
21. CLASS ACTION WAIVER
A) WHETHER IN COURT, SMALL CLAIMS COURT, OR ARBITRATION YOU AND WE MAY ONLY BRING CLAIMS AGAINST EACH OTHER IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS REPRESENTATIVE OR A CLASS MEMBER IN A CLASS OR REPRESENTATIVE ACTION. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS-ACTION OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER SUBSCRIBERS, OR OTHER PERSONS SIMILARLY SITUATED.
B) YOU HEREBY AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING NOW OR IN THE FUTURE UNDER OR RELATING IN ANY WAY TO THIS AGREEMENT, OR TO THE ONLINE SERVICE (“CLAIM”), REGARDLESS OF THE NATURE OF THE CAUSE(S) OF ACTION ASSERTED (INCLUDING CLAIMS FOR INJUNCTIVE, DECLARATORY, OR EQUITABLE RELIEF), SHALL BE RESOLVED BY BINDING ARBITRATION. CLAIMS SUBJECT TO ARBITRATION INCLUDE CLAIMS THAT ARE MADE AS COUNTERCLAIMS, CROSS CLAIMS, THIRD PARTY CLAIMS, INTERPLEADERS, OR OTHERWISE. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, AND YOU THEREFORE AGREE TO WAIVE ANY RIGHT THAT YOU OR WE MIGHT OTHERWISE HAVE HAD TO A JURY TRIAL OR THE OPPORTUNITY TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY. YOU FURTHER AGREE THAT YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION (SUCH AS AN ACTION IN THE FORM OF A PRIVATE ATTORNEY GENERAL) TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY; NOR WILL YOU BE ABLE TO PARTICIPATE AS A CLASS MEMBER IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY.
22. ARBITRATION IS THE EXCLUSIVE REMEDY
A) YOU HEREBY AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING NOW OR IN THE FUTURE UNDER OR RELATING IN ANY WAY TO THIS AGREEMENT, OR TO THE ONLINE SERVICE (“CLAIM”), REGARDLESS OF THE NATURE OF THE CAUSE(S) OF ACTION ASSERTED (INCLUDING CLAIMS FOR INJUNCTIVE, DECLARATORY, OR EQUITABLE RELIEF), SHALL BE RESOLVED BY BINDING ARBITRATION. CLAIMS SUBJECT TO ARBITRATION INCLUDE CLAIMS THAT ARE MADE AS COUNTERCLAIMS, CROSS CLAIMS, THIRD PARTY CLAIMS, INTERPLEADERS, OR OTHERWISE. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, AND YOU THEREFORE AGREE TO WAIVE ANY RIGHT THAT YOU OR WE MIGHT OTHERWISE HAVE HAD TO A JURY TRIAL OR THE OPPORTUNITY TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY.
23. APPLICABLE LAW
A) This Terms & Conditions Agreement and Your use of LetsGetDivorced.com shall be governed by the laws of the United States of America and the State of New York. Without in any way limiting the "Dispute Resolution" requirements set forth above, any court proceeding related to this website or these Terms & Conditions may be brought only in a federal or state court sitting in New York. You agree to accept the jurisdiction of such courts.
B) The UN Convention on the International Sale of Goods shall not apply.
If any provision of these Terms of Service is found to be unlawful, void or unenforceable, then that provision shall be deemed modified or limited only to the extent necessary to bring it within a legal requirement or will be severable from the Terms of Service and shall not affect the validity and enforceability of the Terms of Service.
Minors are not eligible to use LetsGetDivorced.com and we ask that they do not submit any personal information to us.
A) Except as provided otherwise in these Terms & Conditions, all notices, requests, instructions, and other communications given to LetsGetDivorced.com by You must be given in writing by hand delivery in return for a receipt, sent certified or registered U.S. mail (return receipt requested), or sent by FedEx or a similar overnight courier service, addressed to
295 Madison Avenue
New York, NY 10016
28. PROTECTION OF DATA: COLLECTION, PROCESSING, AND USE OF OUR CUSTOMERS' PERSONAL
A) The protection of Your data is very important to us. For more information on the collection, processing, and use of personal data,
please read our