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.
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 you in the event of a dispute.
DiscerningDivorce.com provides an online legal portal to give visitors a general understanding of and education about the law and to provide some automated or fillable forms to individuals who choose to prepare their own legal documents and/or negotiate their own legally binding agreements or settlements. Member need not download or even license Discerning Divorce software. Discerning Divorce hosts its forms and software as a backend service for Members when they create their own documents. The Site includes general information on commonly encountered legal issues. Discerning Divorce Advanced and Premier Memberships also include a review of your answers for completeness, spelling, and for internal consistency of names, addresses and the like. At no time do we 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. Discerning Divorce is not a law firm and may not perform services performed by an attorney. Discerning Divorce and its Services are not substitutes for the advice or services of an attorney.
Completion of the Discerning Divorce process, even reaching a signed agreement in or out of the Discerning Divorce process, WILL NOT RESULT IN A DIVORCE UNDER ANY CIRCUMSTANCES. A divorce can only be granted by court order. Members acknowledge that they will need to take additional steps beyond the Discerning Divorce process and reaching a signed agreement to obtain a divorce, with or without the assistance of a lawyer.
Discerning Divorce strives to keep its legal documents accurate, current and up-to-date. However, because the law changes rapidly, Discerning Divorce 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. The law is a personal matter, and no general information or legal tool like the kind Discerning Divorce provides can fit every circumstance. Furthermore, 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, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult a licensed attorney in your area.
From time to time, Discerning Divorce may perform certain attorney access services and introduce our visitors to attorneys through various methods, including but not limited to (i) legal plans, (ii) third party attorney directory listings, and (iii) third party limited scope agreements. At no time is an attorney-client relationship fostered or created with Discerning Divorce through the performance of any such services.
This Site and Applications are not intended to create any attorney-client relationship, and your use of Discerning Divorce does not and will not create an attorney-client relationship between you and Discerning Divorce. Instead, you are and will be representing yourself in any legal matter you undertake through Discerning Divorce's legal document service.
User to Provide Internet Access
In order to access the Site and/or use the Services, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
Mobile. If Discerning Divorce provides Services accessible on certain mobile devices for free, please be aware that your carrier's normal rates and fees, such as text messaging and data fees, will still apply.
Sites Intended for Adults
You must be eighteen years old or older to purchase anything via the Sites.
Accessibility and Availability
Discerning Divorce makes no guarantees regarding the availability of the Sites or the Services (including the availability of any given Products). Furthermore, Discerning Divorce reserves the right, within its sole discretion, to discontinue the Sites or Services and/or modify the contents of the Sites or the terms of the Services as it sees fit, including but not limited to the Product prices, Product descriptions, available Products, and other e-commerce related information and/or functionality. You agree that Discerning Divorce will not be liable to you for any such discontinuance or modification of the Sites or the Services.
When you open an account to use or access certain portions of the Site, Applications, or the Services, you must provide complete and accurate information as requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use a third party's account, user name or password at any time. You agree to notify Discerning Divorce immediately of any unauthorized use of your account, user name or password. Discerning Divorce shall not be liable for any losses you incur as a result of someone else's use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by Discerning Divorce, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else's use of your account or password.
User Registration and Passwords.
(a) User Registration. You do not have to register in order to visit the Sites. To access certain features of the Services, though, you will need to register with Discerning Divorce and create a "User" account through the online registration process on the Sites. Your account gives you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion. In creating an account, you must provide Discerning Divorce with accurate and complete registration information, as prompted in the registration form. You must promptly notify Discerning Divorce if any of this information changes. If you fail to provide or update this information, Discerning Divorce may terminate your right to use the Sites or the Services.
(b) Passwords. When you open your account, you will be asked to choose a password. You must keep your password confidential. You will be responsible for all use of your password and account, including, without limitation, any use by any unauthorized third party. You must notify Discerning Divorce immediately if you believe your password or account has been obtained or may be accessed or used by any unauthorized person or entity. In addition, you must notify Discerning Divorce immediately if you become aware of any other breach or attempted breach of the security of the Sites. For security purposes, Discerning Divorce recommends that you change your password often, with an interval of no more than 30 days between password changes. Under no circumstances should you respond to a request for your password, particularly a request from an individual claiming to be an employee of Discerning Divorce. Discerning Divorce's employees will never ask for your password. You must notify Discerning Divorce if you receive such a request. Three consecutive logon failures will result in suspension of your login information requiring you to contact the Discerning Divorce via email to revalidate your login information.
(c) Consent to Communications from Discerning Divorce. By registering as a User and providing Discerning Divorce your email address, you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. You may opt-out of such Service-related emails by choosing the option stating you do not wish to receive such emails. We may also use your email address to send you other messages, including changes to features of the Services and special offers. If you do not want to receive such email messages, you may opt out. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
You retain all of your ownership rights in your Content, however, by posting, storing or transmitting any content on or to the Sites, including by submitting User Created Content within the Sites, you accept that you will, and you hereby, automatically grant Discerning Divorce, or represent and warrant that the owner or authorized licensor of such content has expressly granted Discerning Divorce, the non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, right and license to use, reproduce, publish, translate, sublicense, copy, modify, delete, enhance and distribute such content in whole or in part worldwide and/or to incorporate such content into other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such content. Subject to this grant, the licensor of User Created Content submitted to Discerning Divorce retains any and all rights which may exist in such User Created Content. You understand that submitting your User Created Content is not a substitute for registering it with the U.S. Copyright Office, the Writer's Guild of America, or any other rights organization. You hereby irrevocably waive any claims based on moral rights or similar theories, if any.
Linking (To & From) The Sites; Advertisers
1. Linked-to Sites
Discerning Divorce may, from time to time, provide via the Sites, links to other World Wide Sites or resources and/or advertisements or other such promotional materials for third-parties. Because Discerning Divorce has no control over the content of linked-to sites or the quality of the goods or services offered via these linked-to sites, you acknowledge and agree that Discerning Divorce is not responsible for and in no way guarantees or endorses: (1) the availability of linked-to sites or resources; (2) the accuracy or completeness of any content available at or through the linked-to sites; (3) the goods or services offered via these third-party sites. Accordingly, you acknowledge and agree that Discerning Divorce shall not be responsible or liable to you in any manner, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on the content of any linked-to Sites and/or the quality of any goods or services offered by or through any linked-to third-party site.
Discerning Divorce will be pleased to provide links to Sites for law resources of interest to the public; however, Discerning Divorce does not intend such links to be referrals or endorsements of the linked entities, and Discerning Divorce does not endorse or approve any lawyer referral service. Discerning Divorce will gladly remove any link from this Sites upon request from the linked entity.
2. Links To DiscerningDivorce.com from Other Sites
Unless otherwise authorized in writing by Discerning Divorce, neither you nor any other third-party is authorized to "deep link" to any web page contained in the Sites (i.e., no links are permitted under any circumstances from third-party Sites to DiscerningDivorce.com web pages other than the DiscerningDivorce.com home page). Such links are expressly prohibited. Discerning Divorce may grant link permission to any entity, whose Web content is not in violation of any local, state, or federal law, or any State Bar rule, regulation, or policy, and may in its discretion reject a link request and/or request any entity linking to this site to remove its link. This Sites is not sponsored or associated with any particular linked entity unless stated so by that entity; and the existence of any particular link is simply intended to imply potential interest to the reader.
Updating and Controlling Your Information
We have security measures in place that are intended to prevent the loss, misuse, or alteration of information under our control. No data transmissions over the Internet are completely secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us or others over the Internet. You transmit such information at your own risk.
Facebook Usage Policy
Discerning Divorce has created its Facebook page to publicize the programs and services of Discerning Divorce, many of which are of interest to and designed for the general public. We welcome your active participation on the page and are excited that social sites like Facebook are offering us new opportunities to interact with our members and the public.
2. Posting Comments
Please feel free to post comments, but remember that information posted on the page is available for a number of people to see, and comments are subject to all federal and state laws, including those related to libel, slander, antitrust, trademark, copyright, patent and unfair competition.
The page is a moderated forum. Discerning Divorce reserves the right, with or without notice, to delete comments that contain vulgar language, personal attacks of any kind, or offensive comments of any kind. Discerning Divorce reserves the right, with or without notice, to delete comments that are spam, or include inappropriate photographs or links to other sites; that are off topic; that advocate illegal activity; that promote particular services, products, or ideological or political issues or organizations; or infringe on copyrights or trademarks. Additionally, Discerning Divorce reserves the right, with or without notice, to block anyone who posts such comments.
Comments posted on Discerning Divorce page are the personal opinions of the original authors and do not represent the official opinion of Discerning Divorce, its officers and executive committee, or employees. Discerning Divorce accepts no responsibility for the comments posted by others on the page.
Ownership. This Site and Applications are owned and operated by Discerning Divorce.com, Inc. All right, title and interest in and to the materials provided on this Site and Applications, including but not limited to information, documents, forms, fillable forms, videos, logos, graphics, sounds and images (the "Materials") are owned either by Discerning Divorce or by our respective third party authors, developers or vendors ("Third Party Providers"). Except as otherwise expressly provided by Discerning Divorce, 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 Discerning Divorce's intellectual property rights, whether by estoppel, implication or otherwise. See the "Legal Contact Information" below if you have any questions about obtaining such licenses. Discerning Divorce does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by Discerning Divorce. Any rights not expressly granted herein are reserved by Discerning Divorce.
Links to Third Party Sites. This Site and Applications may contain links to websites controlled by parties other than Discerning Divorce (each a "Third Party Site"). Discerning Divorce works with a number of partners and affiliates whose sites are linked with Discerning Divorce. Discerning Divorce may also provide links to other citations or resources with whom it is not affiliated. Discerning Divorce is not responsible for 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. Discerning Divorce makes no guarantees about the content or quality of the products or services provided by such sites. Discerning Divorce is not responsible for webcasting or any other form of transmission received from any Third Party Site. Discerning Divorce is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Discerning Divorce of the Third Party Site, nor does it imply that Discerning Divorce 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 Discerning Divorce 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.
License to Use.
Discerning Divorce grants you a limited, personal, non-exclusive, non-transferable license to use our forms (the "Forms") for your own personal, internal business use, or if you are an attorney or professional, for your client. 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 ordering or downloading Forms, you agree that the Forms you purchase or download may only be used by you for your personal use or used by you in connection with your client and may not be sold or redistributed without the express written consent of Discerning Divorce.com.
DISPUTE RESOLUTION BY BINDING ARBITRATION
Please read this carefully. It affects your rights.
Most Member concerns can be resolved quickly and to the Member's satisfaction by calling our Member Care Center at 855.208.3094.In the unlikely event that the Discerning Divorce Member Care Center is unable to resolve your complaint to your satisfaction (or if Discerning Divorce 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 binding arbitration or in small claims court rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. While in some instances, upfront costs to file an arbitration claim may exceed similar costs to bring a case in court, for any non-frivolous claim that does not exceed $75,000, Discerning Divorce will pay all costs of the arbitration. Moreover, in arbitration you may recover attorney's fees from Discerning Divorce to the same extent or more as you would in court.
Under certain circumstances (as explained below), Discerning Divorce will pay you more than the amount of the arbitrator's award and will pay your attorney (if any) his or her reasonable attorney's fees if the arbitrator awards you an amount greater than what Discerning Divorce offered you to settle the dispute.
You may speak with independent counsel before using this Site or completing any purchase.
(a) Discerning Divorce and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to:
For the purposes of this Arbitration Agreement, references to "Discerning Divorce," "you," 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 products under these Terms or any prior agreements between us.
Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and Discerning Divorce are each waiving the right to a trial by jury or to participate in a class action. These Terms evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms.
(b) A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute ("Notice") to the other party. A Notice to Discerning Divorce should be addressed to: Notice of Dispute, General Counsel, Discerning Divorce.com, Inc., 444 Manget Street, Suite 800, Marietta, Georgia (the "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 Discerning Divorce and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Discerning Divorce may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Discerning Divorce or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Discerning Divorce is entitled.
You may download or copy a form Notice from www.Discerning Divorce.com.
You may download or copy a form to initiate arbitration from the AAA website at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015820.
(There is a separate form for California residents, also available on the AAA's website at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822.)
(c) After Discerning Divorce receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than $75,000. (Currently, the filing fee for consumer-initiated arbitrations is $200, but this is subject to change by the arbitration provider. If you are unable to pay this fee, Discerning Divorce will pay it directly after receiving a written request at the Notice Address.) The arbitration will be governed by the Consumer Arbitration Rules (the "AAA Rules") of the American Arbitration Association (the "AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. (You may obtain information about the arbitration process directed to non-lawyers, including information about providing notice to Discerning Divorce, at www.DiscerningDivorce.com.) The arbitrator is bound by these Terms. All issues are for the arbitrator to decide, except that issues relating to the scope, enforceability, and interpretation of the arbitration provision and the scope, enforceability, and interpretation of paragraph (f) are for the court to decide. Unless Discerning Divorce and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your contact address. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If you choose to proceed either in person or by telephone, we may choose to respond only by telephone or submission. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right to a hearing. The parties agree that in any arbitration of a dispute or claim, neither party will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which Discerning Divorce was a party. Except as otherwise provided for herein, Discerning Divorce will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse Discerning Divorce for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek relief valued at more than $75,000 (excluding attorney’s fees and expenses), the payment of these fees will be governed by the AAA rules.
(d) If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of Discerning Divorce's last written settlement offer made before an arbitrator was selected, then Discerning Divorce will:
If Discerning Divorce did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney's fees, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney's fees at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits. In assessing whether an award that includes attorney’s fees or expenses is greater than the value of Discerning Divorce’s last written settlement offer, the arbitrator shall include in his or her calculations only the value of any attorney’s fees or expenses you reasonably incurred in connection with the arbitration proceeding before Discerning Divorce’s settlement offer.
(e) The right to attorney's fees and expenses discussed in paragraph (d) supplements any right to attorney's fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorney's fees or costs. Although under some laws Discerning Divorce may have a right to an award of attorney's fees and expenses if it prevails in an arbitration proceeding, Discerning Divorce will not seek such an award.
(f) The arbitrator may award 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 DISCERNING DIVORCE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. Further, unless both you and Discerning Divorce 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. The arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other Members. Neither you nor we may seek non-individualized relief that would affect other Members. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
(g) If the amount in dispute exceeds $75,000 or either party seeks any form of injunctive relief, either party may appeal the award to a three-arbitrator panel administered by AAA by a written notice of appeal within thirty (30) days from the date of entry of the written arbitration award. An award of injunctive relief shall be stayed during any such appeal. The members of the three-arbitrator panel will be selected according to AAA rules. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, subject to any right of judicial review that exists under the FAA.
(h) Notwithstanding any provision in the applicable Terms to the contrary, we agree that if we make any future change to this arbitration provision (other than a change to any notice address, website link or telephone number provided herein), that change will not apply to any dispute of which we had written notice on the effective date of the change. Moreover, if we seek to terminate this arbitration provision, any such termination will not be effective until at least thirty (30) days after written notice of such termination is provided to you, and shall not be effective as to disputes which arose prior to the date of termination.
Fees and Taxes
In selected cases, you may have the option to enroll for additional services (e.g., Financial Counselor, Mediation, Family/Child Counselor) for a fee. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated in a timely manner with a payment accepted by the Sites. If your payment method fails or your account is past due, we may collect fees using other collection mechanisms. Discerning Divorce reserves the right to change the fees at any time in its sole discretion. Any change, update, or modification will be effective immediately upon posting on our Sites.
If you elect to cancel your Membership, Discerning Divorce you will not receive a refund.
All persons participating in the Discerning Divorce membership must agree to abide by the following code of conduct:
GUIDELINES FOR MEDIATION
Mediation is a non-adversarial, confidential process which is most effective if the parties involved work within the following guidelines:
I have read and understand the above guidelines for mediation. I understand that Discerning Divorce, Inc. does not provide legal or financial advice. I understand that I have been encouraged to seek independent legal and tax advice. I am aware that fees for any legal or tax advice are in addition to and not included in my Discerning Divorce membership. I further understand that by signing this agreement I am agreeing that I am competent to mediate, in good faith, and am also agreeing that I will not subpoena the mediator or any agents of Discerning Divorce, Inc. to testify in court in any subsequent court action.
IF YOU DO NOT AGREE TO THE TERMS SET FORTH ABOVE, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE SITES IN ANY WAY. YOU MUST EXIT THE SITES IMMEDIATELY.
Rights and Responsibilities of Discerning Divorce.
Discerning Divorce is not the publisher or author of the User Content. Discerning Divorce takes no responsibility and assumes no liability for any content posted by you or any third party.
Although we cannot make an absolute guarantee of system security, Discerning Divorce takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us by info@DiscerningDivorce.com for help.
If Discerning Divorce's technical staff finds that files or processes belonging to a member pose a threat to the proper technical operation of the system or to the security of other members, Discerning Divorce reserves the right to delete those files or to stop those processes. If the Discerning Divorce technical staff suspects a user name is being used by someone who is not authorized by the proper user, Discerning Divorce may temporarily disable that user's access in order to preserve system security. In all such cases, Discerning Divorce will contact the member as soon as feasible.
Discerning Divorce 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 Discerning Divorce 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 Discerning Divorce service that allows interaction or dissemination of information. In posting User Content, you agree that you will not submit any content:
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 other members 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 Discerning Divorce 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.
You are not required to provide your real name when signing up as a user of Discerning Divorce. Discerning Divorce permits anonymous or pseudonymous accounts. Any user may request that such member's email address be hidden to provide for additional privacy.
Ratings and reviews will generally be posted in two to four business days.
By submitting your email address in connection with your rating and review, you agree that Discerning Divorce may use your email address to contact you about the status of your review and other administrative purposes.
Warranties And Limitations of Liability
NEITHER DISCERNING DIVORCE NOR ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSEES, EMPLOYEES, OFFICERS, DIRECTORS, ASSIGNEES, OR AGENTS WARRANT THAT THE SERVICES OR THE INFORMATION PROVIDED VIA THE SITES WILL BE UNINTERRUPTED OR ERROR FREE. EXCEPT AS IS EXPRESSLY SET FORTH ELSEWHERE HEREIN, THE SERVICES ARE DISTRIBUTED "AS IS," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL SUCH WARRANTIES BEING EXPRESSLY DISCLAIMED. NEITHER DISCERNING DIVORCE NOR ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSEES, EMPLOYEES, OFFICERS, DIRECTORS, ASSIGNEES, OR AGENTS SHALL HAVE ANY LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES SUFFERED BY YOU OR ANY OTHER PARTY AS A RESULT OF THE OPERATION OR MALFUNCTION OF THE SERVICES OR ARISING IN ANY WAY FROM OR RELATING TO YOUR PURCHASE OF STATE BAR PRODUCTS VIA THE SITES, REGARDLESS OF WHETHER OR NOT SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation Of Liability
DISCERNING DIVORCE SHALL HAVE NO LIABILITY FOR UNAUTHORIZED THIRD-PARTY ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, ANY INFORMATION CONTAINED AT THE SITES THROUGH ACCIDENT OR THROUGH FRAUDULENT OR WRONGFUL MEANS OR DEVICES. DISCERNING DIVORCE SHALL HAVE NO LIABILITY WITH RESPECT TO DISCERNING DIVORCE'S OBLIGATIONS UNDER THIS AGREEMENT OR IN RELATION IN ANY WAY TO THE SITES OR ANY SITES PURCHASE MADE BY OR FOR YOU FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF DISCERNING DIVORCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF DISCERNING DIVORCE TO YOU OR ANY OTHER USER FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO AND SHALL IN NO EVENT EXCEED THE SUM OF THE GREATER OF TWENTY DOLLARS ($20.00) OR, IN THE EVENT THAT YOUR DISPUTE OR CLAIM ARISES FROM YOUR PURCHASE OF PRODUCTS VIA THE INTERNET, THE COST OF SUCH DISPUTED PRODUCTS (i.e., THE AMOUNT YOU PAID TO DISCERNING DIVORCE FOR SUCH PRODUCTS), AND AS FURTHER LIMITED HEREINBELOW. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS.
YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS TERMS OF SERVICE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND DISCERNING DIVORCE, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO DISCERNING DIVORCE’S ABILITY TO MAKE THE DISCERNING DIVORCE’S SITES AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.
YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE DISCERNING DIVORCE’S SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
NOTE THAT SOME JURISDICTIONS EITHER DO NOT ALLOW OR OTHERWISE LIMIT THE PERMISSIBLE SCOPE OF DISCLAIMERS AND LIMITATIONS SUCH AS THOSE APPEARING IN THE TWO PRECEDING PARAGRAPHS. ACCORDINGLY, SOME OF THE LIMITATIONS AND DISCLAIMERS APPEARING THEREIN MAY NOT APPLY TO YOU.
Contents of DiscerningDivorce.com Not Legal Advice
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Updated March 23, 2015