Terms and Conditions

 

 

 



Terms and Conditions | DivorceCounselors.net


YOUR USE OF, AND ADVERTISING ON, THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS.

 

DISCLAIMER: Not Legal Advice. Content contained on or made available through this website is not intended to and does not constitute legal advice and no attorney-client relationship is formed, nor is anything submitted to this website treated as confidential. If you contact an attorney through the website (a “website member”), your relationship with the website member is completely independent of the website and is governed by your agreement with the website member. The accuracy, completeness, adequacy or currency of the content is not warranted or guaranteed and we do not monitor or track, in any fashion, any information or legal advice given to you from any website member, nor do we confirm that website members are actual attorneys or in good standing with any bar association. Your use of information on the website or materials linked from the website, including without limitation a website of a website member, is at your own risk.

 

DivorceCounselors.net (here referred to as “DivorceCounselors”) is an internet based directory of attorneys.  Unique, personal profiles of members will be displayed on the website in order to market their services, find and communicate with prospective clients, as well as other services provided by our website. The services offered by DivorceCounselors.net include any DivorceCounselors-branded URL (the "DivorceCounselors website"), DivorceCounselors mobile services, and any other features, content, or applications offered from time to time by DivorceCounselors in connection with DivorceCounselors business (collectively, the "DivorceCounselors services"). The services are hosted in the United States. Your use of this website constitutes your agreement to be bound by these terms and conditions/use set forth below.

 

1. Eligibility. Use of the DivorceCounselors services and registration to be a member for the DivorceCounselors services (“Membership”) is void where prohibited. By using the DivorceCounselors services, you represent and warrant that (a) all registration information that you may submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the DivorceCounselors services does not violate any applicable law or
regulation.

 

2. Limitations on Use. The Content on this Website is for personal use only and not for commercial exploitation. You may not reverse engineer, decompile, disassemble, rent, lease, sublicense, loan, sell, or create derivative works from the website or the Content. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any robot, spider, other automatic device, or manual process to monitor or copy our website or the content without DivorceCounselors's prior written permission. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the website, except to the extent permitted above. You may not use or otherwise export or re-export the website or any portion thereof, the content or any software available on or through the website in violation of the export control laws and regulations of the United States of America. Any unauthorized use of the website or its content is prohibited.

 

3. License of Your Content to DivorceCounselors.Net. By creating a profile, submitting any content to or any materials that will be used on this website, you grant (or warrant that the owner of such rights has expressly granted) DivorceCounselors a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed regardless of creation date from time of submission thereafter. In addition, you agree your information may be used for marketing material, press releases and other forms of publicity without notification or prior written authorization from you, as expressed above.

 

4. Intellectual Property Rights. Except as expressly provided in these terms of conditions/use, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that the content and website may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

 

5. Fees. You acknowledge that DivorceCounselors reserves the right to charge fees for any portion of the DivorceCounselors services and to change its fees from time to time in its discretion. You authorize us or our designated payment processor to charge your specific credit card, debit card, or other payment method for such fees on a recurring basis.  All fess paid are nonrefundable.  Payments and/or financial obligations for DivorceCounselors services may not be cancelled.  All sales/purchases are final.  We reserve the right to refuse or terminate any purchase or attempted purchase at any time in our sole discretion.  If DivorceCounselors terminates your membership because you have breached or attempted to breach your Agreement, you will no longer be able to access your page and/or your account which means no one will be able to find you on DivorceCounselors.    


6. Cancellation. You may cancel your membership to DivorceCounselors by sending an email to info@divorcecounselors.net.  Upon receipt of your request, we will cancel your account immediately.  Your information will be removed from our database and you will no longer be visible on DivorceCounselors.  Cancellation of your membership will not result in a refund of any prepaid fees.  We may, in our sole discretion, terminate or suspend your access to all or part of our site and services for any reason, including violation of these terms and conditions.    

 

7. Protecting Copyrights and Other Intellectual Property. DivorceCounselors respects the intellectual property of others and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. DivorceCounselors has the right to terminate the membership of infringers.

 

If you believe your work has been copied and posted on or through the DivorceCounselors services in a way that constitutes copyright infringement, please send DivorceCounselors copyright agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed or if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the DivorceCounselors services (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number and if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature. DivorceCounselors copyright agent for notification of claimed infringement can be reached by sending an email to info@divorcecounselors.net.  DivorceCounselors provides certain tools and technologies to help facilitate copyright owners’ control over their copyrighted works.

 

8. Linking to the Website. You may provide links only to the homepage of this website, provided (a) you do not remove or obscure, by framing or otherwise, any portion of the homepage, (b) you give DivorceCounselors notice of such link by sending an email to info@divorcecounselors.net and (c) you immediately discontinue providing links to this website if requested by DivorceCounselors. If you wish to provide links to a section within the website, you should forward your request to DivorceCounselors at info@divorcecounselors.net and DivorceCounselors will notify you if permission is granted, and if so the terms and conditions of the permission.

 

9. Advertisers. This website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the website is accurate and complies with applicable laws. DivorceCounselors will not be responsible for the illegality of or any error or inaccuracy in advertisers' or sponsors' materials.

 

10. No Solicitation. If a user has requested that a website member contact the user, the website member may do so. In no other event may any person or entity solicit any users with data retrieved from this website.

 

11. Errors and Corrections. DivorceCounselors does not represent or warrant that the website will be error-free, free of viruses or other harmful components or that defects will be corrected. DivorceCounselors does not warrant or represent that the information available on or through the website will be correct, accurate, timely, or otherwise reliable. DivorceCounselors may make improvements and/or changes to its features, functionality or content at any time without notice.

 

12. Third Party Content. Third party content may appear on this website or may be accessible via links from this website. DivorceCounselors is not responsible for and assumes no liability for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on the website. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief of DivorceCounselors.

 

13. DISCLAIMER. Your access to, use of and reliance on our site and services and content accessed through our site and services in entirely at your own risk.  Our site and services are provided on an "AS IS" or "AS AVAILABLE" basis.  DivorceCounselors is not responsible for and makes no warranties, express or implied, as to the user content or the accuracy and reliability of the user content posted on or through the DivorceCounselors services, whether caused by users of the DivorceCounselors services or by any of the equipment or programming associated with or utilized in the DivorceCounselors Services and such user content does not necessarily reflect the opinions or policies of DivorceCounselors. Profiles and third party applications created and anything posted or submitted by members on the DivorceCounselors website may contain links to other websites. DivorceCounselors is not responsible for the content, accuracy or opinions expressed on such websites and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by DivorceCounselors. Inclusion of any linked website on the DivorceCounselors services does not imply approval or endorsement of the linked website by DivorceCounselors. When you access these third party sites, you do so at your own risk. 


DivorceCounselors takes no responsibility for third party advertisements or third party applications that are posted on or through the DivorceCounselors services, nor does it take any responsibility for the goods or services provided by its advertisers. DivorceCounselors is not responsible for the conduct, whether online or offline, of any user of the DivorceCounselors services. DivorceCounselors assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or member communication. DivorceCounselors is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the DivorceCounselors services or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with the DivorceCounselors services. Under no circumstances shall DivorceCounselors be responsible for any loss or damage, including personal injury or death, resulting from use of the DivorceCounselors services, attendance at a DivorceCounselors event, from any user content posted on or through the DivorceCounselors services, or from the conduct of any users of the DivorceCounselors services, whether online or offline. The DivorceCounselors services are provided "as-is" and as available and DivorceCounselors expressly disclaims any warranty of fitness for a particular purpose or non-infringement. DivorceCounselors cannot guarantee and does not promise any specific results from subscribing, using or participating in any way on this website and/or of any DivorceCounselors services.  Without limiting the foregoing, we also disclaim all warranties for or with respect to: (a) the security, reliability, timeliness, accuracy and performance of our site and services and content accessed through our site and services; (b) computer worms, viruses, spyware, adware and any other malware, malicious code or harmful content or components accessed, received or disseminated through, related to or as a result of our sites and services or content accessed through our site and services; and/or (c) any transactions or potential transactions, goods or services promised or exchanged, information or advice offered or exchanged, or other content interactions, representations or communications through, related to or as a result of the use of our site or services or content accessed through our site and services. 

 

14. LIMITATION OF LIABILITY. IN NO EVENT SHALL DivorceCounselors BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE DivorceCounselors SERVICES, EVEN IF DivorceCounselors HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DivorceCounselors LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AN AMOUNT EQUAL TO ONE MONTH’S PAYMENT, IF ANY, BY YOU TO DivorceCounselors FOR THE DivorceCounselors SERVICES DURING THE TERM OF MEMBERSHIP. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED, DivorceCounselors SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.

 

15. Unlawful Activity. DivorceCounselors reserves the right to investigate complaints or reported violations of the terms of conditions/use and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, email addresses, usage history, posted materials, IP addresses and traffic information.

 

16. Remedies for Violations. DivorceCounselors reserves the right to seek all remedies available at law and in equity for violations of these terms of conditions/use, including but not limited to the right to block access from a particular internet address to the DivorceCounselor's websites and their features.

 

17. Governing Law and Venue. The terms of conditions shall be construed and enforeced in accordance with the laws of the State of Florida.  Venue for any litigation or arbitration arising out of these Terms and Conditions or your use or access to our site and our services shall be proper only in Palm Beach County, Florida.  You irrevocably consent to the personal jurisdiction of the state and federal courts situated in Palm Beach County, Florida. 

 

18. Privacy. Your use of, and advertising on, this website is subject to DivorceCounselor’s Privacy Policy, available on this website.

 

19. Indemnity. You agree to indemnify and hold DivorceCounselors, its subsidiaries, affiliates and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the DivorceCounselors services in violation of this agreement and/or arising from a breach of this agreement and/or any breach of your representations and warranties set forth in this agreement and/or if any content that you post on or through the DivorceCounselors Services causes DivorceCounselors to be liable to another.

 

20. Severability of Provisions. These terms of conditions/use incorporate by reference any notices contained on the website and the Privacy Policy constitute the entire agreement with respect to access to and use of the website. If any provision of these terms of conditions/use is unlawful, void or unenforceable then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

 

21. Modifications to Terms of Use. DivorceCounselors reserves the right to change these terms of conditions/use at any time. Updated versions of the terms of conditions/use will appear on this website and are effective immediately. You are responsible for regularly reviewing the terms of conditions/use. Continued use of the website after any such changes constitutes your consent to such changes.

 

22. Other. This Agreement is accepted upon your use of the DivorceCounselors website or any of the DivorceCounselors services and is further affirmed by you becoming a member.

 

23.  Non-Waiver.  Any failure by us to enforce or exercise any provisions of these Terms and Conditions, or any related right, will not constitute a waiver of that provision or right.  

 

24.  Notice to California Residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding this site, please send an email to info@DivorceCounselors.net. You may also contact us by writing to Legal Department, 6421 Congress Ave, Suite 202, Boca Raton, FL 33487, or by telephone (561) 372-1277. Please be sure to identify the specific website or service about which you have a question or complaint and how we can contact you.  

 

25.  Arbitration. DivorceCounselors believes we will be able to resolve most disputes or issues you may have using our site and services. In the unlikely event we are not able to resolve a dispute or issue, we prefer to specify now what each of us should expect in order to avoid any confusion later. Accordingly, you agree to the following resolution process.  

 

Before initiating any arbitration proceeding, you agree to first discuss the matter informally with DivorceCounselors for at least 30 days. To do that, you must send DivorceCounselors your full name and contact information, your concern and your proposed solution by mail to 6421 Congress Avenue, Suite 202, Boca Raton, Florida 33487.  

 

If we are unable to mutually agree upon a resolution after the 30-day period, you agree that any claim you may have against us regarding these Terms of Use or our site and services will be resolved through binding arbitration administered by JAMS and governed by the then current JAMS Streamlined Arbitration Rules and Procedures. You agree to begin any arbitration within one year after your claim arose; otherwise, your claim is waived. As an exception to this arbitration agreement, you may pursue in small claims court any claim that is within that court's jurisdiction as long as you proceed only on an individual basis. 

 

You agree to arbitrate with DivorceCounselors only in your individual capacity, not as a representative or member of a class. As such, your claims may not be joined with any other claims and there will be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative.  

 

You agree that arbitration will be exclusively held in Palm Beach County, Florida and that each party will be responsible for its own costs, including paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. If the parties cannot mutually agree on an arbitrator, JAMS will choose the arbitrator randomly. The arbitrator's decision will be binding and may be entered as a judgment in any court of competent jurisdiction. If you're not sure what all of this means, of course please feel free to ask an attorney. The arbitrator shall have the right to assess attorney fees incurred in the JAMS proceeding to the prevailing party. 

 

The failure of DivorceCounselors to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this agreement are for convenience only and have no legal or contractual effect. This agreement operates to the fullest extent permissible by law. If any provision of this agreement is unlawful, void or unenforceable, that provision is deemed severable from this agreement and does not affect the validity and enforceability of any remaining provisions.


I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.