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1. INTRODUCTION This Terms of Use Agreement (the “Agreement” and the “Terms”) is made by and between Pro Se Planning, Inc., d.b.a. Pro Se Planning and DivorceWriter™ (the “Company”, “us”, “we” and “our”), and you (“you,” “your” or “user”). This Agreement contains the terms and conditions that govern your use of the Company website located at http://www.divorcewriter.com and any tools hosted on the Company website, its content, the software and the associated materials and services (“Services”) made available through this website (collectively, the “Website”). 2. AGREEMENT By using the Website or in any way or simply by accessing the Website or any of the Services thereon or received therefrom signifies your constructive and actual notice and knowledge of, and your agreement to be bound by, the most current version of these Terms as posted on the Website. From time to time, the Company may amend these Terms or define and post on the Website additional service-specific terms, rules, codes of conduct or guidelines (“Guidelines”) that govern such specified service. The most current Terms shall govern and it is Your responsibility to review the Terms each time you visit the Website for the most current Terms. In the event of a discrepancy between these Terms, and any Guidelines, including the Privacy Policy located at http://www.divorcewriter.com/privacy.asp, these Terms shall control. In no way shall this provision be construed to incorporate, acknowledge or make any recommendation regarding third-party terms and conditions, for example, terms and conditions that may govern your use of any third-party website or content. It is solely your responsibility to ensure that your use of any and all third-party website or content is in compliance with any and all third-party requirements. If you do not wish to be bound by this Agreement and its most current Terms, do not use the Website or the Services hosted thereon. 3. ACCESS TO THE WEBSITE, SERVICES AND YOUR RESPONSIBILITIES A. To access the Website or some of the Services it has to offer, you may be asked to (i) provide certain registration details or other information; and (ii) to establish a Website account specific to you (your “Account”). You are solely responsible for all actions taken using your log-in and password. You must make every effort to keep your password safe and should not disclose it to anyone. You shall not permit, either directly or indirectly, any other person to use your log-in or password. we are not responsible for any losses or problems you suffer as a result of your disclosure of your log-in or password information to anyone else. B. To create your Account, log-in and/or to participate in any Services, you must qualify and agree to the conditions set forth below. Failure to qualify and to continuously abide by any of the following conditions constitutes a breach of this Agreement. Failure to qualify and continuously abide by any of the following conditions constitutes a breach of this Agreement for which you agree to be held liable:
C. Local Laws The Company controls and operates the Website from its headquarters in the United States of America and makes no representation that the materials are appropriate or will be available for use in other locations. Information the Company publishes on the Website may contain references or cross references to products and Services that are not announced or available in your country. Such references do not imply that Company intends to announce such products or Services in your country. If you use the Website from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations. WE DO NOT WARRANT THAT THE WEBSITE AND/OR ANY SERVICES PROVIDED BY THE COMPANY THEREON ARE SUITABLE FOR YOUR INTENDED PURPOSES OR ARE OTHERWISE IN COMPLIANCE WITH ALL THE LAWS, REGULATIONS OR RULES IN ANY JURISDICTIONS, LOCALITIES, INCLUDING YOUR LOCALITY. IT IS YOUR RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE RULES, LAWS AND REGULATIONS OF YOUR LOCALE. PLEASE BE CERTAIN TO USE THE SERVICES AND PARTICIPATE IN THE WEBSITE OR SERVICES ONLY AFTER YOU HAVE DETERMINED IN GOOD-FAITH THAT THE SERVICES ARE SUITABLE FOR YOUR PURPOSE (AS THIS IS YOUR SOLE AND COMPLETE RESPONSIBILITY) AND ARE IN COMPLIANCE WITH STATE, LOCAL AND OTHER GOVERNING LAWS AND REGULATIONS. 4. EXPRESS LIMITS OF PURPOSE This Website provides a document self-preparation product that may empower You to create Your own documents for use in seeking a divorce. This website does not provide legal services and is not a document preparation service. Rather, the website uses the responses and answers provided by the user in the online interview to automatically generate a set of forms. The self-prepared documents are then shipped to the user with general instructions on the filing process but You are required to independently determine whether the documents and filing process comply with the laws, regulations and rules of Your applicable jurisdiction. CONTACT AN ATTORNEY IN YOUR JURISDICTION IF YOU REQUIRE OR ARE SEEKING ANY FORM OF LEGAL ADVICE AS YOU ARE PROHIBITED FROM USING, RELYING UPON OR CONSTRUING ANY OF THE INFORMATION CONTAINED ON THE WEBSITE AS LEGAL ADVICE. 5. NO LEGAL ADVICE PROVIDED A. Legal information refers to general statements of the law. Legal information by itself is often insufficient to resolve legal problems, especially if the user needs specific legal advice that applies to the user's individual circumstances. B. Legal advice refers to the application of legal information to specific facts and then rendering a judgment, suggested course of action and/or probable outcome based thereon. This website does not constitute legal advice and is not a substitute for the professional judgment of an attorney. Only lawyers who are members of the bar in the user's jurisdiction can provide legal advice. No information on this site should be construed as legal advice. C. The Company offers no legal advice under any circumstances. The Company is not a law firm, and the employees of the Company are not attorneys. This product is being provided to the user by lay persons who are not licensed to practice law and, as such, use of this website does not create an attorney-client relationship. At no time does this website review the answers and responses provided by the user in the online interview for legal sufficiency nor does this website draw legal conclusions, provide advice, or apply the law to the facts of the user's particular situation. The user is solely responsible for his or her own responses, selections and actions. 6. JURISDICTION A. This website provides some generic information that may not apply in the user’s jurisdiction. B. While a great deal of care has been taken to provide accurate and current state-specific forms, the requirements for preparing a proper legal document vary depending on local, state and federal laws, regulations, and court cases in the user’s jurisdiction. Because of changes in the law, variations between and within jurisdictions, and different interpretations of the law, the user is urged to consult professional legal counsel in his or her state regarding the applicability of any points of law connected with self-prepared legal documents. 7. PRICING A. Confirming Prices. Immediately prior to purchase, your requested purchases will always reflect the most recent price displayed on the item's product detail page. Please note that this price may differ from the price shown for the item when you first selected the item. B. The prices and availability of products on the Website may change without notice to you at any time in Company’s sole discretion. Company shall have the right to refuse or cancel any orders placed for product listed at incorrect price. Company shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Company shall promptly issue a credit to your credit card account in the amount of the charge. 8. PROPRIETARY INFORMATION The material and content accessible from and through this Website, and any other website owned, operated, licensed, or controlled by Company is the proprietary information of Company or the party that provided the content to Company, and Company or the party that provided the content to Company retains all right, title, and interest in this content. Accordingly, such content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Company. In any event, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the content. Modification or use of this content except as expressly provided in these Terms violates Company’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this Company Website. Trademarks, service marks, and logos appearing in this Company Website are the property of Company or the party that provided the trademarks, service marks, and logos to Company. Company and any party that provided trademarks, service marks, and logos to Company retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this Company Website. You may not copy, download, sell, modify or create derivate works, rent, lease, loan, distribute, re-use, adapt, publish, transmit, attempt to decompile, decipher, disassemble, reverse engineer, decrypt or otherwise use or exploit any software or other works or content from the Company Website unless we have expressly allowed you to do so. You agree that all proprietary rights, including all trademark, copyright, patent or trade secret rights, inherent in such software, works and content is owned by us or applicable third parties. Your right to access the Website and use the Services is for personal use only and You will not use any of the Services or materials for any commercial purpose or gain; if Company learns that You are using the Services or materials for a commercial purpose of gain, You agree that Company’s harm cannot be adequately addressed by damages and consent to an injunction, both preliminary and permanent. 9. THIRD PARTY CONTENT The Website and content available through the Website may contain links to other web sites and/or contain features and functionalities, which are independent of Company. Such links, content and Services (including, web sites, directories, servers, systems, networks, databases, information, programs, software products or services) are provided as a service to users and are not sponsored by or affiliated with this site or Company. You understand that content posted on, transmitted through, or linked on the Website or using the services thereon, are the sole responsibility of the person from whom such content originated. Your interactions, including payment and delivery for goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations, entities or individuals. Company makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other website is at your own risk. Further, the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by Company of that site. 10. INFORMATION OR CONTENT THAT YOU PROVIDE Company will treat any personal information that you submit through the Company Website in accordance with its Privacy Policy located at http://www.divorcewriter.com/privacy.asp. Except with respect to personally identifying information and although Company does not claim ownership of any content you provide to them, you hereby grant to Company the royalty-free, perpetual, irrevocable, unrestricted worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information that you send, submit, publish, transmit, communicate, provide or otherwise transfer to Company or through the Website, (the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Company will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company operations. 11. TERM AND TERMINATION We expressly reserve the right to terminate your Account (including your log-in and password) and any other agreements you may have with Us if you have breached any of the Terms, or your use of the Services have been in any way improper or breach the spirit of this Agreement. 12. WE DISCLAIM ALL OBLIGATIONS TO YOU Company has no obligation to check whether users are using the Website in accordance with this Agreement or any other agreement. No content is necessarily complete and up-to-date and, accordingly, should not be used to replace any written reports, statements, or notices provided by Company. Investors, borrowers, and other persons should use the content in the same manner as any other educational medium and should not rely on the content to the exclusion of their own professional judgment. Information obtained by using this Website is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals. 13. WE MAKE NO WARRANTY; DISCLAIMER OF WARRANTY YOUR USE OF THIS WEBSITE AND ALL SERVICES IS AT YOUR OWN RISK. THIS WEBSITE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT, AND DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY INTERRUPTIONS OR ERRORS IN OR OMISSIONS FROM THIS SITE AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THAT THE WEBSITE OR SERVICE THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND (C) ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (D) THE UNAVAILABILITY OF THIS SITE OR ANY PORTION THEREOF, (E) YOUR USE OF THIS SITE, (F) NEGLIGENCE ON THE PART OF THE COMPANY OR (G) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS SITE. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND COMPANY MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT COMPANY, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SERVICE WEBSITE OR ITS CONTENT. COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. ANY LEGAL ACTION AGAINST THE COMPANY MUST BE BROUGHT IN KING COUNTY WASHINGTON WITHIN ONE YEAR AFTER THE CLAIM AROSE OR BE FOREVER BARRED. 14. LIMITATION ON LIABILITY COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE GOODS OR SERVICES OUT OF WHICH LIABILITY AROSE. 15. GOVERNING LAWS By using this Website and the Services, you agree that regardless of where you reside or where your browser is physically located, your viewing and use of the Website occurs solely within the State of Washington, and that all content and services shall be deemed to be served from, and performed wholly within the State of Washington, as if you had physically traveled there to obtain the service. These Terms will be governed and interpreted pursuant to the laws of Washington, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Washington in connection with any dispute between you and Company arising out of these Terms or pertaining to the subject matter hereof. The parties to these Terms each agree that the exclusive venue for any dispute between the parties arising out of these Terms or pertaining to the subject matter of these Terms will be in the state and federal courts in Michigan. 16. RELEASE AND HOLD HARMLESS BY USING THIS SITE, YOU AGREE, ON BEHALF OF YOURSELF, YOUR ESTATE, YOUR HEIRS AND ASSIGNS, TO RELEASE AND HOLD HARMLESS THE COMPANY, ITS AFFILIATES, ITS LISTEES, OFFICERS, DIRECTORS, EMPLOYEES, SUBCONTRACTORS, AGENTS, SUCCESSORS, OR ASSIGNS FROM ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND LOST PROFITS OR SAVINGS), CLAIMS AND DEMANDS OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH YOUR USE OF THIS SITE, AND OR ITS CONTENT OR SERVICES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." 17. COPYRIGHT AND INTELLECTUAL PROPERTY POLICY A. Company understands the value and importance of intellectual property rights and makes every effort to respect the legitimate intellectual property rights of others. Company does not review all of the material posted on or submitted through their website and has no responsibility for any content that you may find or access when using Company’s products or Services. Company takes all concerns related to intellectual property seriously and it is Company’s policy, at its discretion and in appropriate circumstances, to cancel, disable or terminate any user’s account who infringes or appear to infringes the intellectual property rights of others. B. Notice of Copyright Infringement If you believe that any material on this website infringes a copyright, or any valid intellectual property right, please provide the following information to Company’s DMCA Agent.
Please provide this information to Company’s DMCA Agent, who can be reached as follows:
Due to security concerns, no attachments cannot be accepted on notices sent via e-mail. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed. 18. INDEMNITY You agree to indemnify and hold Company, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms by you, including any use of content other than as expressly authorized in these Terms. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Website. 19. SEVERABILITY If any provision of these Terms and Conditions is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability. 20. AMENDMENTS The Company reserves the right to amend this agreement at any time without notice. It is therefore important to review this document any time you use this Site. |
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