DivorceX99.com LLC (DivorceX, Divorce499, Divorce599, Divorce699, Divorce799, Divorce899, Divorce999) Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.
By using the DivorceX99.com LLC. website (the "Site"), you agree to follow and be bound by these terms of use (the "Terms of Use") and agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations. In these Terms of Use, the words "you" and "your" refer to each customer or Site visitor, "we", "us" and "our" refer to DivorceX99.com, LLC and "Services" refers to all services provided by us.
It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Site. We may revise these Terms of Use at any time without notice to you. If you have any questions about these Terms of Use, please contact our Customer Care Center.
YOU AGREE THAT BY USING THE SITE 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.
Please also refer to the DivorceX99.com Terms of Service, Registered Agent Terms of Service, Supplemental Terms of Service for Subscriptions and Third-Party Services, Legal Plan Contract, Law Firm Representation Agreement and Privacy Policy, each of which is incorporated herein by reference.
DivorceX99.com provides an online legal portal that connects visitors with attorneys liceensed to perform services in their area ("Law Firm"). DivorceX99.com provides an automated software platform to individuals who are interested in establishing a relationship with the Law Firm to procure an uncontested divorce. An uncontested divorce is a divorce where the parties agree to the divorce, all of the terms of the divorce and require no representation as to their individual interests therein. The Law Firm that you work with in the DivorceX99.com platform has paid a fee to use this software. When you purchase an uncontested divorce package within the Site, you are agreeing to engage the services of the Law Firm. The fee you pay to DivorceX99 includes a fee for use of the DivorceX99 platform and the legal representation fees paid to the Law Firm.
DivorceX99.com will assist the Law Firm to gather and assemble the information required to present your case to the court you indicate or the Law Firm selects. DivorceX99.com creates the documents that the Law Firm has determined are required to process your case. DivorceX99 does not analyze or advise as to the accuracy or completeness of any documents generated. If this Site does not include a provision required to properly capture the agreement between you and your spouse, this site enables the Law Firm to engage with the parties, analyze the agreement, and then create custom provisions based upon You and your spouse's inputs. The Site may or may not provide access to the Law Firm or a third-party to resolve disputes through mediation. DivorceX99.com may receive compensation for referrals to mediation. Depending on the package you purchase, you may be required to purchase additional units of work ("Drafting Credits") from the Law Firm. DivorceX99.com is not a law firm or legal services provider, however, by your purchase you are creating a limited repesentation with a local law firm responsible for processing your uncontested divorce case. DivorceX99.com provides communication tools that will allow you to commmunicate with the law firm for the limited purpose of executing your uncontested divorce. Communication with the Law Firm within the platform may, at the discretion of Law Firm, require the expenditure of Drafting Credits. If you communicate with the Law Firm outside of thie Site, the Law Firm may charge you an additional fees for that communication.
The legal lanscape changes rapidly, DivorceX99.com cannot guarantee that all of the information on the Site 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 DivorceX99.com 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. The Law Firm may or may not be able to handle your matter if it is unable to be processed through DivorceX99.com. The fee paid during your use of DivorceX99.com does not apply nor transfer to a matter outside of the Site or Applications.
All fees paid to DivorceX99.com or the Law Firm are non-refundable. Any Drafting Credits included in any divorce package purchased are an inducement to purchase that package and have no value outside of that package. Any Drafting Credits purchased as part of a multiple Drafting Credits package individually have no value. If for any reason your matter cannot be handled on the Site, you may use or transfer the work product generated to an attorney. If your attorney uses the Site, you may use the Site to electronically transfer your case.
At no time is an attorney-client relationship fostered or created with DivorceX99.com through the performance of any Service. The only attorney-client relationship created is the limited relationship with the attorney assigned to your matter, after a package is purchased. There is no attorney-client relationship created with any party prior to purchase of, at least, the basic package. Any information placed in this system, may be discoverable. Any attorney-client relationship is created between the attorney assigned and only the first party purchasing any package. Certain features will be unavailable during any preview, free trial, or otherwise unpaid usage. Certain other features are only available after a puchase or upgrade to a package level (i.e. Children module or package enables children’s data entry, custody, visitation, and support features in the Software.)
Privacy Policy. DivorceX99.com respects your privacy and permits you to control the treatment of your personal information. A complete statement of DivorceX99.com's current Privacy Policy can be found by clicking here. DivorceX99.com's Privacy Policy is expressly incorporated into this Agreement by reference.
When you purchase a divorce package you will be granted access to additional portions of the Site and Services, you must provide complete and accurate information as requested on all forms. You will also be asked to provide an email and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use a third party's account, email or password at any time. You agree to notify DivorceX99.com immediately of any unauthorized use of your account, email or password. DivorceX99.com 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 DivorceX99.com, the Law Firm, affiliates, officers, directors, employees, consultants, agents and representatives due to someone else's use of your account or password.
In connection with the use of certain DivorceX99.com products or services, you may be asked to provide personal information in a questionnaire, application, form or similar document or service. This information will be protected pursuant to our Privacy Policy. In addition, you grant DivorceX99.com a worldwide, royalty-free, nonexclusive, and fully sublicensable license to use, distribute, reproduce, modify, publish and translate this personal information solely for the purpose of enabling your use of the applicable service. You may revoke this license and terminate rights held by DivorceX99.com at any time by removing your personal information from the applicable service.
Ownership. This Site is owned and operated by DivorceX99.com. All right, title and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds and images (the "Materials") are owned either by DivorceX99.com or by our respective third party law firms, authors, developers or vendors ("Third Party Providers"). Except as otherwise expressly provided by DivorceX99.com, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site shall be construed to confer any license under any of DivorceX99.com'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. DivorceX99.com does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by DivorceX99.com. Any rights not expressly granted herein are reserved by DivorceX99.com.
Limited Permission to Download. DivorceX99.com hereby grants you permission to download, view, copy and print the Materials on any single, stand-alone computer solely for your personal, informational, non-commercial use provided that (i) where provided, the copyright and trademark notices appearing on any Materials not be altered or removed, (ii) the Materials are not used on any other website or in a networked computer environment and (iii) the Materials are not modified in any way, except for authorized editing of downloadable forms for personal use. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms of Use. On any such termination, you agree to immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes.
Links to Third Party Sites. This Site may contain links to websites controlled by parties other than DivorceX99.com (each a "Third Party Site"). DivorceX99.com works with a number of law firms, partners and affiliates whose sites are linked with DivorceX99.com. DivorceX99.com may also provide links to other citations or resources with whom it is not affiliated. DivorceX99.com 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. DivorceX99.com makes no guarantees about the content or quality of the products or services provided by such sites. DivorceX99.com is not responsible for webcasting or any other form of transmission received from any Third Party Site. DivorceX99.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by DivorceX99.com of the Third Party Site, nor does it imply that DivorceX99.com 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 DivorceX99.com 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.
DivorceX99.com grants you a limited, personal, non-exclusive, non-transferable license to use the documents generated by the Site (the "Documents") and the forms (the "Forms") contained within the Site for your own personal use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Documents or 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 Documents.
Resale Prohibited.
By downloading Forms or Documents, you agree that the Documents you download may only be used by you for your personal use and may not be sold or redistributed without the express written consent of DivorceX99.com.
DISPUTE RESOLUTION BY BINDING ARBITRATION
Please read this carefully. It affects your rights.
Summary:
Most customer concerns can be resolved quickly and to the customer's satisfaction by emailing our Customer Care Center at care@divorcex99.com. In the unlikely event that the DivorceX99.com Customer Care Center is unable to resolve your complaint to your satisfaction (or if DivorceX99.com 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, DivorceX99.com will pay all costs of the arbitration. Moreover, in arbitration you may recover attorney's fees from DivorceX99.com to the same extent or more as you would in court. The arbitrator shall apply the same limitations period that would apply in court.
Under certain circumstances (as explained below), DivorceX99.com 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 DivorceX99.com offered you to settle the dispute.
You may speak with independent counsel before using this Site or completing any purchase.
Arbitration Agreement:
(a) DivorceX99.com 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 "DivorceX99.com," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, employers, business partners, shareholders, 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. Beneficiaries include, but are not limited to, those named in an estate planning document.
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 DivorceX99.com 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 DivorceX99.com should be addressed to: Notice of Dispute, General Counsel, DivorceX99.com, LLC, 107 E Market Street, Leesburg, Virginia, USA, 20176 (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 DivorceX99.com and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or DivorceX99.com may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by DivorceX99.com or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or DivorceX99.com is entitled.
You may download or copy a form Notice from https://divorcex99.com/documents/arbitration.
You may download or copy a form to initiate arbitration from the American Arbitration Association ("the AAA") website at https://www.adr.org.
(c) After DivorceX99.com 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, DivorceX99.com 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, as modified by these Terms, for all claims under $75,000, and the applicable rules as determined by the AAA for all claims of or above $75,000, 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 DivorceX99.com, at https://divorcex99.com/documents/arbitration) 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 DivorceX99.com 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 DivorceX99.com was a party. Except as otherwise provided for herein, DivorceX99.com 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 DivorceX99.com 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) For claims under $75,000, 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 DivorceX99.com's last written settlement offer made before an arbitrator was selected, then DivorceX99.com will:
If DivorceX99.com 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 DivorceX99.com’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 DivorceX99.com’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 DivorceX99.com have a right to an award of attorney's fees and expenses if it prevails in an arbitration proceeding, DivorceX99.com will not seek such an award, for claims under $75,000.
(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 DivorceX99.com 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 DivorceX99.com 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 customers. Neither you nor we may seek non-individualized relief that would affect other customers. 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.
Additional Terms. Some DivorceX99.com Services may be subject to additional posted guidelines, rules or terms of service ("Additional Terms") and your use of such Services will be conditioned on your agreement to the Additional Terms. If there is any conflict between these Terms of Use and the Additional Terms, the Additional Terms will control for that Service, unless the Additional Terms expressly state that these Terms of Use will control.
Reviews, Comments, Communications, and Other Content. At various locations on the Site, DivorceX99.com may permit visitors to post ratings, reviews, comments, questions, answers, and other content (the "User Content"). Contributions to, access to and use of the User Content is subject to this paragraph and the other terms and conditions of these Terms of Use
Rights and Responsibilities of DivorceX99.com.
DivorceX99.com is not the publisher or author of the User Content. DivorceX99.com 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, DivorceX99.com takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us by email for help.
If DivorceX99.com'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, DivorceX99.com reserves the right to delete those files or to stop those processes. If the DivorceX99.com technical staff suspects an account is being used by someone who is not authorized by the proper user, DivorceX99.com may temporarily disable that user's access in order to preserve system security. In all such cases, DivorceX99.com will contact the account holder as soon as feasible.
DivorceX99.com 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 DivorceX99.com 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 DivorceX99.com service that allows interaction or dissemination of information. In posting User Content, you agree that you will not submit any content:
Attorneys that submit User Content and provide advice do so at their own risk.
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 DivorceX99.com 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.
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 DivorceX99.com may use your email address to contact you about the status of your review and other administrative purposes.
NO WARRANTY. THE SITE AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE OR APPLICATIONS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, DivorceX99.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
DivorceX99.com MAKES NO WARRANTY THAT: (A) THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, APPLICATIONS, OR ANY MATERIALS OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.
OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. DivorceX99.com SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
THIS DISCLAIMER OF WARRANTY DOES NOT APPLY TO THE PURCHASE OF PRODUCTS OR SERVICES BY NORTH CAROLINA CONSUMERS.
LIMITATION OF LIABILITY AND INDEMNIFICATION. EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD DivorceX99.com AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF DivorceX99.com HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF DivorceX99.com, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS PARAGRAPH DOES NOT APPLY TO NORTH CAROLINA CONSUMERS.
Unsolicited Submissions. Except as may be required in connection with your use of DivorceX99.com Services, DivorceX99.com does not want you to submit confidential or proprietary information to us through this Site. All comments, feedback, information or material submitted to DivorceX99.com through or in association with this Site shall be considered non-confidential and DivorceX99.com's property. By providing such submissions to DivorceX99.com you hereby assign to DivorceX99.com, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. DivorceX99.com shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.
Compliance with Intellectual Property Laws. When accessing the Site you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party's copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your DivorceX99.com user account.
DivorceX99.com has adopted a policy that provides for the immediate removal of any content, article or materials that have infringed on the rights of DivorceX99.com or of a third party or that violate intellectual property rights generally. DivorceX99.com's policy is to remove such infringing content or materials and investigate such allegations immediately.
Copyright Infringement:
Notice. DivorceX99.com has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. The Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed the rights of the Company or of a third party, or otherwise violated any intellectual laws or regulations. The Company's policy is to act expeditiously upon receipt of proper notification of claimed copyright infringement to remove or disable access to the allegedly infringing content. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want the Company to delete, edit, or disable the material in question, you must provide the Company with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and, if available, email address; (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The above written information must be sent to our registered Copyright Agent: General Counsel c/o DivorceX99.com, LLC 107 E Market Street Leesburg, Virginia 20176 mailto:copyright@DivorceX99.com
Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a written counter-notice containing the following information to the Copyright Agent: (1) Your physical or electronic signature; (2) Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; (3) A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and (4) Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Austin, Texas, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, the Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the Company's sole discretion.
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