Terms of use - Idaho Online Divorce

Online Divorce Service LLC Terms Of Use

Our Terms of Service have been incorporated into these Terms of Use for ease of reference. Please read these Terms of Use carefully before using this site.

IMPORTANT NOTICE: THESE TERMS OF USE ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION AND JURY TRIAL RIGHTS AS DETAILED IN THE “DISPUTE RESOLUTION BY BINDING ARBITRATION” SECTION BELOW.

By using our Online Divorce Service website (“Company,” “Website,” or "Site") or any Company applications or application plug-ins ("Applications"), 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. In these Terms of Use, the words “you” and “your” refer to each customer, Site visitor, or Application user, “we”, “us” and “our” refer to Online Divorce Service and “Services” refers to all services provided by us. These Terms of Use constitute a legal contract between Company and you.

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 or any Applications. 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, any applications, and the services you are at least 18 years of age and you are legally able to enter into a contract.

Please also refer to the Privacy Policy, which is incorporated into these Terms of Use by reference.

Online Divorce Service provides an online portal to give visitors a general understanding of the law that pertains to divorce and other family law issues, to provide an automated software solution to individuals who choose to prepare their own legal documents. Online Divorce Service hosts its Online Divorce Service software as a backend service for customers when they create their own documents. The Site includes general information on commonly encountered divorce issues. 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 or suitability of forms or strategies, or apply the law to the facts of your particular situation. Online Divorce Service is not a law firm and may not perform services performed by an attorney. Online Divorce Service, its Services, and its forms or templates are provided for educational and informational purposes and are not a substitute for the advice or services of an attorney. Communications with our Site are not privileged or confidential.

Online Divorce Service strives to keep its legal documents accurate, current and up-to-date. However, because the law changes rapidly, Online Divorce Service 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 divorce tool like the kind Online Divorce Service provides can fit every circumstance. Furthermore, the divorce 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, Online Divorce Service may perform certain attorney access services and introduce our visitors to attorneys through various methods. At no time is an attorney-client relationship fostered or created with Online Divorce Service through the performance of any such services.

This Site and Applications are not intended to create any attorney-client relationship, and your use of Online Divorce Service does not and will not create an attorney-client relationship between you and Online Divorce Service. Instead, you are and will be representing yourself in any legal matter you undertake through Online Divorce Service's legal document service.

1. Product Purchase Terms

Time to Complete Paperwork. To ensure that your documents reflect current details, you must complete and submit all paperwork within eighteen (18) months of the date of your purchase. If you do not complete your paperwork within 18 months, you will lose access to the purchased product(s) and we reserve the right to terminate your account and any information contained within your draft paperwork without additional liability to you. You may purchase a new product or service at any time, and will be treated as a new customer with a new 18 month period of time to complete your forms.

2. Subscriptions

Certain Online Divorce Service products include subscriptions for continued access to our platform, customer service, and other features. On certain products, we may offer 3, 6 or 12 month subscriptions. If your purchase includes a subscription, it will be disclosed at the time of or before you checkout. If your purchase includes such a subscription, your purchase provides access to the platform and support services for thirty days. After thirty days, access automatically renews monthly and your card will automatically be charged the current rate, as indicated at your time of purchase (rate subject to change). You may terminate your subscription at any time prior to the end of your then-current subscription term. No refunds or credits for subscription charges or fees will be provided. You will retain access to the products/services purchased through the end of your subscription term. Cancel renewals anytime by visiting My Profile.
Document Storage. If you purchased an Online Divorce Service subscription, Online Divorce Service will electronically store your uploaded documents and data for easy data recovery during the term of your subscription. However, because forms may change over time, you may need to update your information in a new or updated form or template if you do not timely complete your paperwork within eighteen (18) months of your original purchase. Customers using Online Divorce Service Storage are encouraged to keep original copies of their documents in a secure location. By canceling your subscription, you give Online Divorce Service permission to delete your data from our storage without additional liability to you.
Fees. If you purchase a subscription, you will be charged in accordance with the billing terms in effect at the time of your initial purchase. If you purchase a subscription that is charged in full upon purchase, in each renewal period for that subscription, you must pay the total cost of the next subscription period by the first day of that period. For each subscription, you will be charged for each subscription period no matter whether you access the services or Site during any subscription term. In other words, EVEN IF YOU DO NOT USE THE SUBSCRIPTION, INCLUDING ACCESSING QUESTIONNAIRES, SUPPORT SERVICES, OR OTHER BENEFITS, YOU ARE RESPONSIBLE FOR SUBSCRIPTION FEES UNTIL YOU CANCEL YOUR SUBSCRIPTION OR IT IS OTHERWISE TERMINATED.
Billing. You must provide valid credit card information at the time of purchase to allow payment for the initial membership term of a subscription.
Renewals. For your automatically renewing subscriptions, your subscription will renew at the end of the initial membership term (the “Billing Date”) and at the end of each successive membership term, until you notify us that you want to terminate your subscription under these Terms or your subscription is otherwise terminated. If you do not notify us, your credit card will automatically be charged for the renewal term of your subscription on your Billing Date. If your purchase date is on the 29th through 31st day of any month, your Billing Date for renewals in months with fewer days will fall on the last day of the month. Online Divorce Service may adjust your Billing Date in subsequent renewal periods without notice. This will be reflected by a charge to your account on a prorated basis according to the number of days that have passed since the Billing Date of your latest renewal charge. Unless Online Divorce Service otherwise notifies you in advance under these Subscription Terms, the renewal charge will be equal to the original purchase price for the subscription. Online Divorce Service may obtain automatic updates for any expiring credit cards you have provided.

You must pay Online Divorce Service the fees associated with your subscription. Additional discounts may be available for members purchasing multiple months up front or as part of certain promotions.
Notice of Automatic Renewal. We may send a reminder email to your account’s email address of record before your Billing Date. Unless required by law in the state where you reside, Online Divorce Service is not obligated to provide this notice. You acknowledge that (i) your failure to read, (ii) your inability to receive, or (iii) Online Divorce Service’s failure to send the email creates no liability for Online Divorce Service.
Responsibility for Misuse. You may not: (i) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise make available to any party the benefits granted to you by or any content in your subscription; or (ii) change, reproduce, reverse engineer, make derivative works based on or referring to, or in any way exploit the licenses you have been granted with your subscription, or content or source code in your subscription.

You are responsible for all expenses incurred or other actions that may occur through your use of a subscription. You must alert us immediately of any fraudulent, unauthorized, illegal, or suspicious use of a subscription or subscription benefits, or any other breach of security or unauthorized or illegal activity that you reasonably suspect.
Changes to Subscriptions.
1. General Changes. Online Divorce Service may discontinue the offering of a subscription, including the functionality, content, or availability of any features of subscriptions or Third-Party Services, at any time in its sole discretion. We may also impose limits on features and services or restrict your access to all or part of the subscription. However, you have the right to cancel your membership should we materially decrease benefits. If we add new features to a subscription, the new features will be subject to these Subscription Terms and may change the subscription price. If you add a product or service to your subscription, Online Divorce Service has the discretion to charge you a prorated portion of the costs to align your renewal date with your current subscription. Online Divorce Service will provide you with notice before making these changes to your subscription.
2. Fee Adjustments. Online Divorce Service may increase subscription fees by notifying you of new fees at least 30 days before the beginning of a renewal term. The new fees will be effective on the first day of the renewal term. If you do not cancel your subscription, you will be deemed to have accepted the new fees for the renewal term and subsequent renewal terms (unless the fees are increased in the same manner for a subsequent renewal term). Reductions in fees become effective on the first day of the next renewal term without a pro rata adjustment for the period covered under the prior fee schedule.
3. Renewal Term Adjustments. Online Divorce Service offers subscriptions of various lengths. Online Divorce Service may increase the renewal term from monthly, quarterly, or otherwise, to quarterly, annually, or otherwise at our discretion by notifying you of the new renewal term at least 30 days before the beginning of a renewal term. If you do not cancel your subscription, you will be deemed to have accepted the new renewal term moving forward (unless the renewal term is changed in the same manner for a subsequent renewal term).
4. Discontinuation and Replacement of Subscriptions. Should Online Divorce Service cease to offer your subscription, we can discontinue your subscription, continue to provide it to you, or provision a replacement (similar or comparable product) at the then-current price. Additional fees may be charged for such replacement subscriptions. Online Divorce Service will notify you of new fees at least 30 days before they become effective.
5. By Subscriber.
  You may upgrade your subscription to other available options at any time by emailing us at support@theonlinedivorce.com, using our Contact Us webform, or you may cancel your subscription online at My Profile.
Termination or Cancellation
1. By Online Divorce Service.
  Online Divorce Service may terminate your use of all or part of the subscriptions in its sole discretion. As your sole remedy, we will refund to you any prepaid fees specifically related to the current term of that subscription.
  
  Your right to use a subscription is subject to any limits established by Online Divorce Service or by your credit card issuer. If payment cannot be charged to your credit card or your charge is returned for any reason, including through a chargeback, Online Divorce Service may, in its sole and absolute discretion, suspend or terminate your access and account, which will terminate these Subscription Terms and our obligations under them. If a charge made to your credit card is declined, Online Divorce Service may, but is not obligated to, contact you and may make multiple attempts to bill that card over a thirty-day period.
2. By Subscriber.
  You may cancel your subscription at any time by emailing support@theonlinedivorce.com or cancelling online at My Profile. After you have cancelled, your subscription will remain active until the end of then-current period. Please note that you may lose access to any documents or information stored in your account if you cancel your subscription.
3. Services After Termination. After your subscription is terminated or your membership term has ended, you will not be able to access the corresponding subscription offerings.

3. Additional Services

Filing Service. If you choose to purchase our filing services as an add-on purchase or through a divorce package purchase (sometimes called our Platinum Service or Premium Service), the following provisions apply to you:
1. You are responsible for paying court filing fees, which are specific fees charged by the venue of filing. These filing fees are separate from any fees you pay to Online Divorce Service, and are set by the court and not by Online Divorce Service. Depending on your location, the venue may require that you obtain money orders or we may invoice you for the fees and pay them on your behalf.
2. Except as otherwise noted, filing services may include all mandatory or otherwise applicable court fees, expedite fees, certified copy fees, walk-in fees, courier fees, e-filing fees, service fees, delivery fees, credit card fees, and other transactional fees we are charged or incur on your behalf. Where fees are estimated, the difference between the actual fees and the amount charged will be retained as a convenience fee.
3. You may make unlimited changes to your paperwork prior to the initial shipment to you, subject to the timing limitations set forth elsewhere in these Terms.
4. You must review and approve forms and confirm your and your spouse’s mailing addresses prior to transmission or shipment for signature.
5. Once fully signed, we will make your initial filing with the court and either serve the divorce papers on your spouse or arrange for your spouse’s signature, varying by state. Your spouse must be willing to sign the paperwork for us to complete the service. Because significant work will have been performed, your spouse declining to sign is not a valid basis for a refund.
6. Once your spouse signs and returns the paperwork, we will file the documents with the court.
7. Future court filings beyond those included in the service are your responsibility.
8. We will attempt to notify you if the documents you or your spouse are due to return are not received or are received but incomplete. If paperwork remains incomplete or has not been received six (6) months after purchase, we may declare your account inactive and provide you notice that the filing service cannot be completed and that your paperwork may be deleted. Subscribers will retain access but must obtain new signatures to proceed with the filing and will have a reprocessing fee. Please note that if we have declared your filing stale due to inactivity or failure to complete paperwork, you must request return of your money orders unless you provide and we accept contrary instructions. Online Divorce Service is not responsible for the cost of money orders lost in return shipping.
Mediation Services. If you are offered and/or choose to purchase mediation services, the following terms apply:
1. Mediators providing services through this Site are not attorneys and do not provide legal advice. While these Mediators are professionals with a wide variety of backgrounds, who are intended to serve as neutral third parties who can assist with navigating disputes with your spouse. Although some Mediators may have professional certifications in law, counseling and similar fields, communication with a Mediator does not establish an attorney-client, therapist-client or doctor-patient relationship. The Company makes no representations or warranties regarding the background, licensure, competency or abilities of the Mediators. The Company cannot guarantee your Mediation session(s) will successfully resolve disputes.
2. Live Mediation: A telephone or video conference Mediation session is a limited-time conversation between users and Mediators for the purpose of helping parties reach agreements.
3. YOU HEREBY EXPRESSLY AGREE THAT ALL COMMUNICATIONS DURING THE MEDIATION SESSION WILL BE CONFIDENTIAL AND THAT YOU WILL NOT PROVIDE SCREENSHOTS, PHOTOS, COPIES, OR THE CONTENT OF ANY COMMUNICATIONS DURING A MEDIATION SESSION IN ANY SUBSEQUENT COURT PROCEEDING INVOLVING YOUR SPOUSE OR CO-PARENT. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, WITH RESPECT TO THIS SECTION, YOUR SPOUSE OR CO-PARENT IS A THIRD PARTY BENEFICIARY OF THESE TERMS WITH FULL RIGHT AND AUTHORITY TO SEEK AN ORDER ENJOINING YOUR DISCLOSURE IN VIOLATION OF THIS SECTION. For clarity, the foregoing confidentiality commitment extends only to Mediation Sessions involving you, your spouse or co-parent, and a Mediator, and does not extend to any other communications on the Site.
4. If you are represented by an attorney, you are solely responsible for contacting, communicating and receiving any advice from your attorney before entering into an agreement or communication while engaged with a Mediator.
5. IF YOU ENGAGE WITH A MEDIATOR, YOU MUST INFORM THE MEDIATOR IF YOU HAVE A CURRENT CIVIL OR CRIMINAL PROTECTIVE ORDER IN PLACE EITHER PROTECTING YOU OR PROHIBITING YOU FROM CONTACT WITH YOUR SPOUSE OR CO-PARENT.
6. Company reserves the right to report to law enforcement and other appropriate state agencies if the Company has a reasonable suspicion that a child is suffering from emotional abuse, physical abuse or neglect, or if a Mediator has a reasonable suspicion that an identifiable person is a danger to himself or herself or to another. Safety is of the utmost importance and violence or threats will not be tolerated. The Company, however, has no legal obligation to monitor communications. If you receive threats from your spouse or any other user of the Platform, or if you suspect a child is being harmed, you should report this to the appropriate authorities immediately.
7. To protect their privacy, Mediators may not use their real names.
8. The Parties and Mediator may agree to additional terms and conditions at or before the time of the Mediation.
Attorney Access Services. If you purchase attorney sessions, the following terms apply:
1. Attorney access (the “Attorney Access Program”) is provided through select Law Firms pursuant to the Limited Scope Representation Agreement.”) Sessions will be provided by a partnering firm (the “Law Firm”) and are limited in scope. Law Firms do not share legal fees with us but may pay a technology fee or platform fee for the Attorney Access Program.
2. Attorney access is only available to the purchasing spouse or individual. If the non-purchasing spouse, or another family member, wishes to engage in a consultation, such consultation may be available at the discretion of the Law Firm.
3. Please note that Online Divorce Service is not a law firm and does not provide legal services. Attorneys made accessible through the Attorney Access Program are third-party independent contractors who agree to provide these limited services directly to you, not through us, via a separate representation agreement between you and the Law Firm. This is not an attorney referral service and we will not select an attorney for you. We make no guarantees as to the substance, content or quality of the attorney's advice.
4. Nothing shall be construed to limit your right to retain, at your own expense, an unaffiliated attorney. We shall not be obligated to pay for any such services.
5. Exclusions; Conflicts. The following items and matters are specifically excluded from the Attorney Access Program:
  1. Any action that directly or indirectly involves Online Divorce Service or any of its parents, subsidiaries, affiliates, directors, agents, or employees;
  2. Any action that directly or indirectly involves any Law Firm providing legal services under the Attorney Access Program; provided, however, that a Law Firm may, at its sole discretion and risk, represent you in a matter in which another affiliated Law Firm is representing another party as legal counsel;
  3. Any matter involving the laws of jurisdictions outside of the United States;
  4. Any matter that, in the Law Firm's opinion, is frivolous in nature or objective; or
  5. Any case matter or requested service that is determined by the Law Firm to lack sufficient merit to warrant pursuit, or that the Law Firm decides has been raised an inordinate or unreasonable number of times without a change in circumstances.
Case Managers and Other Representatives. Our Case Managers or other customer care representatives are provided to assist you with your purchase of our products and services. They are not attorneys, paralegals or otherwise affiliated with any law firm and cannot give legal advice specific to your application or documents.

4. Privacy Policy

Online Divorce Service respects your privacy and permits you to control the treatment of your personal information. A complete statement of Online Divorce Service's current Privacy Policy can be found by clicking here. Online Divorce Service's Privacy Policy is expressly incorporated into these Terms by reference.

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 and on the divorce questionnaire. 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 Online Divorce Service immediately of any unauthorized use of your account, user name or password. Online Divorce Service 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 Online Divorce Service, our 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 Online Divorce Service products or services, you may be asked to provide personal information in a divorce questionnaire, application, form or similar document or service. This information will be protected pursuant to our Privacy Policy. In addition, you grant Online Divorce Service a worldwide, royalty-free, nonexclusive, and fully sub-licensed 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 Online Divorce Service at any time by requesting deletion of your data pursuant to the procedures in our Privacy Policy.

5. Ownership

This Site and Applications are owned and operated by Online Divorce Service. All right, title and interest in and to the materials provided on this Site and Applications, including but not limited to information, documents, logos, graphics, sounds and images (the “Materials”) are owned either by Online Divorce Service or by our respective third party authors, developers or vendors (“Third Party Providers”). Except as otherwise expressly provided by Online Divorce Service 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 Online Divorce Service's intellectual property rights, whether by estoppel, implication or otherwise. Contact us at support@theonlinedivorce.com if you have any questions about obtaining such licenses. Online Divorce Service does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by Online Divorce Service. Any rights not expressly granted herein are reserved by Online Divorce Service.

6. Limited Permission to Download

Company hereby grants you permission to download, view, copy and print the Materials on any single, stand-alone computer (or, for Microsoft Agave users, one copy of the Application on up to five devices affiliated with your Marketplace Windows Live ID account) 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 or Applications may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes.

7. ATTORNEY DISCLAIMER

Attorneys and Law Firms participating in services offered on this site are independent attorneys and are not employed by Online Divorce Service. Online Divorce Service is not an "attorney referral service" or a law firm and cannot provide legal advice.

8. Links to Third Party Sites

This Site and Applications may contain links to websites controlled by parties other than Company (each a "Third Party Site"). Company works with a number of partners and affiliates whose sites are linked with Company. Company may also provide links to other citations or resources with whom it is not affiliated. Company 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. Company makes no guarantees about the content or quality of the products or services provided by such sites. Company is not responsible for webcasting or any other form of transmission received from any Third Party Site. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company of the Third Party Site, nor does it imply that Company 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 Company 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.

9. DISPUTE RESOLUTION BY BINDING ARBITRATION OR SMALL CLAIMS

Please read this carefully. It affects your rights.

Summary:

Most customer concerns can be resolved quickly by emailing our Customer Care Center at support@theonlinedivorce.com. In the unlikely event that the Company Customer Care Center is unable to resolve your complaint to your satisfaction (or if Company 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. To the extent permitted by law, any claim or dispute under this agreement must be filed within one (1) year in an arbitration proceeding or small claims court, regardless of any statute or law to the contrary. The one-year period begins when the claim or notice of dispute first could be filed. If a claim or dispute is not filed within one year, it is permanently barred.

You may speak with independent counsel before using this Site or completing any purchase.

Arbitration Agreement:

(a) Company and you agree to arbitrate all disputes and claims between us in small claims court or 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:

claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory;
claims that arose before these or any prior Terms (including, but not limited to, claims relating to advertising);
claims that are currently the subject of purported class action litigation in which you are not a member of a certified class;
and claims that may arise after the termination of these Terms.

You and Company understand that you are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. Any such disputes that are not handled by arbitration shall be filed only in the state and federal courts located in Delaware or any United States District Court located in New Castle County, Delaware, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts.

For the purposes of this Arbitration Agreement, references to " Company," "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, spouses, children, dependents, or others named in divorce documents.

Notwithstanding the foregoing, either party may bring an individual action in small claims court, or, where the amount at issue is within the venue’s small claims court’s jurisdiction, either party may demand small claims court in lieu of arbitration upon receipt of a Notice of Dispute. You agree that, by entering into these Terms, you and Company 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 Company should be addressed to: Notice of Dispute, General Counsel, Online Divorce Service 2317 3rd Ave N, STE 101, Birmingham, AL 35203 (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 Company and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Company may commence an arbitration proceeding or demand that the matter proceed in small claims court in lieu of arbitration, should the Demand be within the venue’s small claims jurisdiction.

(c) 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, for all claims under $75,000, and will be administered by the AAA. The AAA Rules are available online at www.adr.org. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and interpretation of the arbitration provision and the scope, enforceability, and interpretation of this arbitration provision. Unless Company and you agree otherwise, any arbitration hearings will take place by remote appearance. 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 or by a telephonic hearing. 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 Company was a party. Parties shall be responsible for the payment of all costs and fees of the arbitration as governed by the AAA Rules. The arbitrator may elect to apportion the fees and costs in a different manner during the arbitration, such as if the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose.

(d) An 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 COMPANY 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 Company 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.

(e) 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.

10. Additional Terms

Some Company 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.

11. Reviews, Comments, Communications, and Other Content

At various locations on the Site or through Applications or other websites or social media, Online Divorce Service may permit visitors to post ratings, reviews, comments, 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 Online Divorce Service.

Online Divorce Service is not the publisher or author of the User Content. Online Divorce Service 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, Online Divorce Service takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us by email for help.

If Online Divorce Service'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, Online Divorce Service reserves the right to delete those files or to stop those processes. If the Online Divorce Service technical staff suspects a username is being used by someone who is not authorized by the proper user, Online Divorce Service may temporarily disable that user's access in order to preserve system security. Online Divorce Service will attempt to contact the member as soon as feasible.

Online Divorce Service 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.

Online Divorce Service may post User Content on any of our family of sites and User Content on this site may have been collected from any of our family of sites.

Rights and Responsibilities of Online Divorce Service 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 Online Divorce Service service that allows interaction or dissemination of information. In posting User Content, you agree that you will not submit any content:

that is known by you to be false, inaccurate or misleading;
that infringes anyone's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy. Please see Compliance with Intellectual Property Laws below;
that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising). Please see Compliance with Export Restrictions below;
that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing, invades another’s privacy, or advocates or encourages illegal conduct harmful to any individual, partnership or corporation. Please see Inappropriate Content below;
that includes advertisements, spam, or content for which you were compensated or granted any consideration by any third party;
that includes information that references other websites, addresses, email addresses, phone numbers, or other contact information;
that promotes or provides instructional information about illegal activities, or promoting physical harm or injury against any group or individual;
that displays nudity or pornographic material of any kind, or material that exploits children under 18 years of age;
that contains any computer virus, worms, or other potentially damaging computer programs or files;
do or say anything to injure or cause harm others;
that otherwise violates these Terms of Use.

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 Online Divorce Service 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 Online Divorce Service may use your email address to contact you about the status of your review and other administrative purposes.

12. NO WARRANTY.

THE SITE, APPLICATIONS, 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, Online Divorce Service 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.

Online Divorce Service MAKES NO WARRANTY THAT: (A) THE SITE, APPLICATIONS, OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, APPLICATIONS, 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 OR APPLICATIONS, 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, APPLICATIONS, OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.

APPLICABLE LAW MAY NOT ALLOW THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES. WHERE PERMITTED, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

13. LIMITATION OF LIABILITY AND INDEMNIFICATION.

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD Online Divorce Service 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 OR Online Divorce Service OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF Online Divorce Service HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF Online Divorce Service, IT WILL BE LIMITED TO THE GREATER OF $1,000 OR THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES WITHIN THE TWELVE (12) MONTHS PRIOR TO THE DATE THE DISPUTE AROSE, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY DISCLAIMS ALL LIABILITY OF ANY KIND ARISING FROM THE UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION. IF YOU ARE DISSATISFIED WITH THE SITE OR APPLICATIONS, YOUR SOLE REMEDY IS TO STOP USING THE SITE OR APPLICATION.

14. Unsolicited Submissions.

Except as may be required in connection with your use of Online Divorce Service Services, Online Divorce Service does not want you to submit confidential or proprietary information to us through this Site or any Applications. All comments, feedback, information or material submitted to Online Divorce Service through or in association with this Site shall be considered non-confidential and Online Divorce Service's property. By providing such submissions to Online Divorce Service you hereby assign to Online Divorce Service, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. Online Divorce Service 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.

15. Compliance with Intellectual Property Laws.

When accessing Online Divorce Service or using the Online Divorce Service legal document Service, 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 Online Divorce Service user account.

Online Divorce Service has adopted a policy that provides for the immediate removal of any content, article or materials that have infringed on the rights of Online Divorce Service or of a third party or that violate intellectual property rights generally. Online Divorce Service's policy is to remove such infringing content or materials and investigate such allegations immediately.

Notice. Online Divorce Service 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:

Copyright Agent
c/o Online Divorce Service LLC
2317 3rd Ave N, STE 101
Birmingham, AL 35203
copyright@theonlinedivorce.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 Wilmington, DE, 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.

16. Personal Use.

The site is made available for your personal use on your own behalf.

17. User and Authorized Contact Access to Order Information.

The Company will give you, or anyone you designate as allowed “spouse access,” information about your order. This may include information about the nature and status of your order, information you provided to process your order, payment information, and contact information or other Personal Information. If you want someone to have access to your order, you must provide him or her spouse access or they may not obtain information. You can confirm who is authorized for access to your account, add new authorized contacts, or remove authorized contacts by clicking first on "My Profile", and then on "Spouse Access." You can then designate the individual as having edit or only view access.

You are responsible for revoking spouse access if you no longer wish for the person you designate to have access to your account and Personal Information.

18. Children.

Minors are not eligible to use the Site or Applications and we ask that they do not submit any personal information to us.

19. Delivery.

For products delivered via physical shipment, Company uses a variety of carriers for each shipping option and will choose a delivery method for the shipping option and address you designate. You agree that the Company may use air or ground shipping as necessary to get your items to you within the promised time frame. The shipping fee indicated does not necessarily represent the actual amount paid by the Company to the carrier chosen for the delivery of your order. It may include, in addition to the fees paid to the carrier, Company or third party handling and processing fees. For products delivered electronically, you understand that you will be notified via email when my product is complete and available for download. You may access your product by logging in to My Account.

20. Customers Needing Extra Assistance.

Online Divorce Service aims to provide full access to its website and product offerings regardless of disability. If you are unable to read any part of the Online Divorce Service website, or otherwise have difficulties using the Online Divorce Service website, please email us at support@theonlinedivorce.com or use our Contact Us webform and our customer care team will assist you. We know that sometimes accessibility links or codes may get broken and/or not function properly. We have attempted to make all areas of our website accessible to users with disabilities by allowing various means to manipulate screen content. If you have a suggestion for improvements to our Site’s accessibility, please contact us via the methods above or on our Site.

21. Governing Law; Venue.

Any legal action or proceeding relating to your access to or use of the Site, an Application, or our Materials is governed by the Arbitration Agreement contained in paragraph 8 of these Terms of Use.

22. Trademarks.

Online Divorce Service, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of Online Divorce Service. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

23. Inquiries.

BY USING Online Divorce Service's SERVICES OR ACCESSING THE Online Divorce Service SITE OR APPLICATIONS, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER OR EMAIL ADDRESS TO Online Divorce Service VIA THE Online Divorce Service SITE OR APPLICATIONS CONSTITUTES AN INQUIRY TO Online Divorce Service, AND THAT Online Divorce Service MAY CONTACT YOU AT THE NUMBER SUBMITTED OR EMAIL ADDRESS EVEN IF SUCH NUMBER APPEARS ON ANY STATE OR FEDERAL DO NOT CALL LISTS (TAKING INTO ACCOUNT INQUIRY EXCEPTION TIME FRAMES AS APPROPRIATE).

24. Right to Refuse.

You acknowledge that Online Divorce Service reserves the right to refuse service to anyone and to cancel user access at any time.

25. Electronic Commercial Service Disclosure.

Under California Civil Code Section 1789.3, California users of the Company services are entitled to the following specific consumer rights notice:

The name, address, and telephone number of the provider of the service is listed below in our Acknowledgement section. We do not charge you for the use of our website. If you have a question or complaint regarding our Services, please contact us directly using the information below.

If we fail to resolve your complaint, the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

26. Acknowledgement.

BY USING Online Divorce Service's SERVICES OR ACCESSING THE Online Divorce Service SITE OR APPLICATIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM. Online Divorce Service is located at 2317 3rd Ave N, STE 101, Birmingham, AL 35203.

Updated 10/29/2025

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