MY DIVORCE PAPERS TERMS AND CONDITIONS
These Terms and Conditions (the “T&C”) is made between MyDivorcePapers.com (the “MDP”, “us”, “we” and “our”), and you (“you,” “your” or “user”). The T&C contain the provisions that govern your use of the MDP website located at http://www.mydivorcepapers.com and any tools hosted or provided on the MDP website, the content thereof, the software thereof, and the related materials and services (“MDP Services”) made available through this website (together, the “MDP Website”).
When you use the MDP Website you acknowledge constructive and actual notice and knowledge of, and your willingness and agreement to be subject to, the most current version of the T&C as set forth on the MDP Website.
If you do not want to be subject to the T&C, then you should not use the MDP Website or the MDP Services.
III. MDP WEBSITE ACCESS, MDP SERVICES, AND YOUR OBLIGATIONS
1. When you access the MDP Website or MDP Services, MDP may ask you to (i) give us certain registration information; and (ii) to create a Website account specific to you (your “MDP Account”). You are responsible regarding all actions you take when using your log in and password information. Please make every effort to keep your password safe. You should not provide it to anyone. You shall not allow, directly or indirectly, any person other than you to utilize your log in or password. MDP is not responsible for any problems you may suffer should you disclose your log in or password information to any other person.
2. To create your MDP Account, to log in and/or to participate in MDP Services, you must first qualify and agree to the requirements laid out herein. Should you fail to qualify and should you fail to abide by any of the following requirements, you are in breach of the T&C for which you agree to be held liable:
a. THE MDP WEBSITE DOES NOT PROVIDE LEGAL COUNSEL NOR SHOULD IT BE CONSTRUED AS DOING SO. SHOULD YOU DESIRE LEGAL COUNSEL, YOU SHOULD CONTACT AN ATTORNEY IN YOUR JURISDICTION AND ASK HIM OR HER FOR THE COUNSEL YOU SEEK.
b. YOU ARE NOT ALLOWED TO USE, RELY UPON, OR CONSTRUE THE INFORMATION SET FORTH ON THE MDP WEBSITE AS LEGAL COUNSEL.
3. You hereby confirm that the information you provide MDP in your registration form to establish your MDP Account is true and correct. You agree to promptly notify us of any changes to such information;
5. Your MDP Account should not be used by any third party. You agree not to allow any third party to utilize your MDP Account, your MDP Account password, your MDP Account log in or your MDP Account user ID to enter or utilize the MDP Website to adapt, access, and/or partake in MDP Services, or for any other objectives. MDP bears no burden should any third party enter your MDP Account;
6. You acknowledge that the parameters for creating appropriate legal documents change as a result of local, state and federal rules, and court precedent in your jurisdiction. Due to these potential legal changes, you should consider seeking out legal advice where you live;
7. You have made sure that your utilization of the MDP Website and MDP Services does not break any law and/or regulation that pertains to you. MDP may withhold information or MDP Services if we believe that giving you information about MDP Services might break any rule or law that pertains to you without MDP having any burden to so confirm;
9. You will not do anything that hurts or may hurt MDP;
10. You have the right to agree to and accept the T&C;
11. You shall not violate MDP’s or any third party's claims, including but not limited to trade secrets, copyrights or trademarks;
12. You reside in the United States, or in an area outside the USA in which your involvement with MDP, the MDP Website or the MDP Services is not forbidden;
13. You agree that you will not utilize the MDP Website or the MDP Services for purposes of chicanery or unlawful acts;
14. MDP may oversee your Internet access location, and MDP may utilize methods designed to prevent or limit access from a territory in which involvement with the MDP Website and/or MDP Services is against the law or controlled; and
15. You agree not to veil your identity including but not limited to masking.
C. Other Laws. MDP maintains the MDP Website from MDP main office in the USA. MDP does not promise that the information and/or documents are proper or will be acceptable to use in other territories. MDP may refer to information or services unavailable in your location. If MDP does so that does not mean MDP will introduce the items referenced in your location. Should you utilize the MDP Website outside of the USA, you must adhere to relevant local rules and regulations.
MDP DOES NOT PROMISE THAT THE MDP WEBSITE AND/OR MDP SERVICES MADE AVAILABLE BY MDP ARE PROPER FOR YOUR GOALS OR DESIRES; OR, OTHERWISE ADHERE TO THE LAWS, REGULATIONS OR RULES IN ANY TERRITORIES. YOU BEAR THE BURDEN TO MAKE SURE OF SUCH ADHERENCE. PLEASE BE SURE TO UTILIZE THE MDP SERVICES AND ENGAGE IN THE MDP WEBSITE OR MDP SERVICES AFTER YOU HAVE CONCLUDED THAT THE MDP SERVICES ARE PROPER FOR YOUR GOALS AND DESIRES AND ADHERE TO ALL APPLICABLE LAWS.
MyDivorcePapers.com may automatically charge you at the end of the one month usage period (and each month thereafter) unless you notify us that you want to cancel your access. You may cancel or access discounts for extended month purchases.
IV. EXPLICIT LIMITATIONS OF PURPOSE
The MDP Website dispenses a self prepared document result that may allow you to create your own papers to be used by you in pursuing a divorce. The MDP Website does not dispense legal counsel and does not prepare documents. Instead, the MDP Website takes the answers you give MDP during the interview process on line and then produces a variety of forms. Such papers are then either shipped to you with overall instructions or are made available for you to download on your own. The overall instructions give you filing information but you must establish on your own whether they adhere to the laws of where you reside. IF YOU DESIRE LEGAL COUNSEL YOU SHOULD SEEK OUT A LAWYER IN YOUR AREA. YOU ARE ENJOINED FROM UTILIZING, DEPENDING UPON, COUNTING ON OR INTERPRETING ANY OF THE INFORMATION CONTAINED ON THE MDP WEBSITE AS LEGAL COUNSEL.
V. NO LEGAL COUNSEL DISPENSED
A. Legal information means overall general statements of the law or legal principles. Many times legal information is inadequate to solve legal issues, especially if you require certain legal counsel that pertains to your own set of circumstances.
B. Legal advice means the exercise of legal information to certain facts and then dispensing a judgment, recommended action plan, and/or likely result. The MDP Website does not and is not intended to render or dispense any form of legal counsel whatsoever. Only attorneys who are members of the bar in your area can dispense legal counsel.
C. MDP does not provide or dispense legal counsel under any set of facts or circumstances. MDP is not a law firm, and the individuals who work for MDP as employees are not lawyers. The individuals who provide the products and services are lay persons. They are not licensed to practice law. When you use the MDP Website, there is no attorney client relationship that is created. The individuals who work for MDP do not review your answers to the interview on line for legal adequacy. The individuals who work for MDP do not reach legal conclusions, they do not provide legal counsel, and they do not analyze in reference to your own set of facts. You bear the burden for your own answers, choices, and action plans.
VI. LEGAL TERRITORY
A. The MDP Website dispenses some common information that may not apply in the area in which you reside.
B. Although MDP has taken precautions to deliver accurate and current forms for a state in question, the conditions for putting together an appropriate legal paper varies as a result of local, state and federal laws, rules, and case precedent in the area where you reside. Consequently, due to legal changes, differences between jurisdictions, differences in interpretation, MDP urges you to seek out and obtain professional legal advice in the area in which you.
A. Verifying Prices. Right before you elect to make a purchase, MDP will give you or show you the most current price for what you have selected. detail page. It is possible that the current price may be different from what you initially saw.
B. The costs and availability of products on the MDP Website may be altered by MDP at any time. MDP may do so without notice and within MDP’s sole discretion. MDP may choose to deny your order. MDP may choose to cancel your order. MDP may deny or cancel orders whether your order has been verified or not and whether your credit or debit card has been charged. If your credit or debit card has already been debited for your purchase and your selection is canceled, MDP shall issue a credit to your credit or debit card in the appropriate amount.
C. In the State of Missouri, our service consists of access to our on line system to ultimately create a Marital Settlement Agreement ("MSA") in exchange for a pre determined fee. Should you elect to pay us said fee to create a MSA, then as a courtesy for you (at no fee) we will prepare the uncontested divorce forms utilizing the self help website established by the State of Missouri for those people filing for divorce in Missouri on an in pro per basis.
D. In the State of Utah, our service consists of access to our on line system to ultimately create a Marital Settlement Agreement ("MSA") in exchange for a pre determined fee. Should you elect to pay us said fee to create a MSA, then as a courtesy for you (at no fee) we will prepare the uncontested divorce forms utilizing the self help website established by the State of Utah for those people filing for divorce in Utah on an in pro per basis. Furthermore, please note that the State of Utah will charge you a $20.00 fee at the time of filing of completed your divorce forms.
E. In the State of Texas, our service consists of access to our on line system to ultimately create a Marital Settlement Agreement ("MSA") in exchange for a pre determined fee. Should you elect to pay us said fee to create a MSA, then as a courtesy for you (at no fee) we will prepare the uncontested divorce forms utilizing the self help website established by the State of Texas for those people filing for divorce in Texas on an in pro per basis. Furthermore, please note that the State of Texas does offer all of its forms online at no charge to you.
VIII. OWNERSHIP INFORMATION
There is a lot of material and content located on and available from the MDP Website. The foregoing is MDP’s proprietary information or is the proprietary information of the entity that gave such information to MDP. Accordingly, MDP or the entity that provided such information to MDP, as the case may be, keeps all right, title, and interest in such information and content. You may not transmit, post, upload, distribute, or copy such information without MDP’s prior written consent. Furthermore, with regard to any intellectual property marks or proprietary notices that appear on any such information or content, you may not change, amend, delete, or take similar actions (or cause such actions to be taken) such information or content. When you use or access the MDP Website, MDP does not in any way transfer title or intellectual property rights in such information or content to you.
With respect to any software or other works or content from the MDP Website, you may not do anything effecting or relating to such software or other works or content (including but not limited to downloading, selling, copying, deciphering, reverse engineering, or exploiting) without MDP’s prior written consent. You acknowledge that MDP or applicable third parties, as the case may be, own all rights, of any kind or nature, in such software, works and content. Your entry on to the MDP Website and your utilization of the MDP Services is for your personal use. You confirm that you will not use any MDP Services for any business purpose or benefit. If MDP finds out you are utilizing the MDP Services for a business purpose of benefit, you confirm and represent and warrant that MDP’s harm cannot be satisfactorily dealt with by traditional damages and you assent to injunctive relief by MDP, preliminary and permanent, in addition to any other available legal remedies.
IX. OTHER PARTY CONTENT
The MDP Website and may include ties or links to other internet sites. Such links or ties to other web sites including their content, are provided as a service to users and are not sponsored by or affiliated with the MDP Website or MDP. You acknowledge and confirm that information from other third parties that is posted on or linked to the MDP Website are the obligation and responsibility of the other third party entity from whom it emanated. Your decision to interface with such other third parties, your decision to pay for goods or services from such other third parties, and any other terms pertaining to such dealings, are between you and such other third parties. MDP does not make any promises regarding such other third parties’ accuracy, appropriateness, validity, completeness or exactness. When you access any other website, you do so AT YOUR OWN RISK AND VOLITION. When MDP includes a hyper link to a third party website, MDP does not promote or sponsor such site.
X. WHAT YOU GIVE US
Other than information that personally identifies you for which MDP does not have any ownership rights therein, you hereby give MD the royalty-free, everlasting, irreversible, accessible universal, non-exclusive right and license to utilize, replicate, amend, reconcile, publish, translate, create derivational works from, disseminate, perform, and show all content, comments, recommendations, thoughts, graphics, or other information that you send, deliver, publish, transmit, communicate, provide or otherwise switch to MDP or through the MDP Website, (the “MDP Submitting”), and to incorporate any MDP Submitting in other works in any form, media, or technology now known or later created. MDP has no obligation to deal with any MDP Submitting as confidential, and may utilize any MDP Submitting in MDP’s business without MDP contracting any liability for royalties or any other consideration of any kind, and MDP will not bear any liability due to any similarities that may appear in future MDP operations.
XI. LENGTH OF CONTRACT AND ENDING RELATIONSHIP
MDP specifically maintains the ability to terminate your MDP Account and any other agreements you may have with MDP if you have violated any of the MDP T&CT, or you improperly utilize the MDP or violate the overall essence of the MDP Services.
XII. MDP DISAVOWS ALL COMMITMENTS TO YOU
MDP has no responsibility to monitor whether you are utilizing the MDP Website in compliance with the MDP T&C.
Content is not always complete and current and, consequently, should not be utilized to supplant any written reports, statements, or notices provided by MDP. Investors, borrowers, and other persons should use the content in a manner similar to other educational milieu and should not depend upon the content to the exclusion of their own judgment. When you utilize the MDP Website, you acknowledge and confirm that it does not deal with all issues related to or relevant is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your purposes and desires.
XIII. MDP DOES NOT MAKE ANY BINDING PROMISES
WHEN YOU UTILIZE THE MDP WEBSITE, YOU DO SO OF YOUR OWN FRE WILL, UNDER NO DURESS, AND AT YOUR OWN RISK. THE MDP WEBSITE IS MADE AVAILABLE “AS IS”. MDP MAKES NO PROMISES OR WARRANTIES OF ANY NATURE OR KIND. MDP SPECIFICALLY DISAVOWS ALL PROMISES OR COMMITMENTS OR WARRANTIES WHETHER MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. MDP DOES NOT PROMISE THAT, AND DISAVOWS ALL BURDENS FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND OR NATURE DUE TO (A) ANY INTERRUPTIONS OR ERRORS IN OR OMISSIONS FROM THE MDP WEB SITE, INCLUDING WITHOUT LIMITATION TECHNICAL OR OPERATIONAL INACCURACIES AND ERRORS, (B) THAT THE MDP WEBSITE OR MDP SERVICES ARE FREE OF VIRUSES OR OTHER INJURIOUS ITEMS, AND (C) ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ENTERED INTO VIA TIES OR LINKS IN THE MDP WEB SITE, (D) THE INACCESSIBILITY OF THE MDP WEB SITE, (E) YOUR UTILIZATION OF THE MDP WEBSITE, (F) MDP’S NEGLIGENC OR (G) YOUR UTILIZATION OF ANY HARDWARE OR SOFTWARE IN RELATION TO THE MDP WEBSITE. MDP MAKES NO PROMISES REGARDING UTILIZATION, OR THE RESULT OF UTILIZATION, OF THE CONTENT IN TERMS OF ACCURACY, COMPLETENESS, DEPENDABILITY, RELIABILITY, OR OTHERWISE. YOU BEAR THE ENTIRE COST OF ALL REQUISITE SERVICING, REMEDIATION OR CORRECTION OF ANY LOSS OR DAMAGE RELATING TO THE UTILIZATION OF MDP WEBSITE OR MDP SERVICES. MDP DOES NOT PROMISE THAT YOUR UTILIZATION OF THE CONTENT CONTENT WILL NOT IMPACT OR VIOLATE THE RIGHTS OF OTHERS. MDP IS NOT AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR ERRORS OR OMISSIONS IN SUCH CONTENT. SHOULD YOU BRING A LEGAL ACTION AGAINST MDP, YOU MUST DO SO IN ANY COURT THAT SERVICES ORANGE COUNTY, CALIFORNIA. FURTHER, YOU MUST DO SO WITHIN ONE YEAR AFTER THE CLAIM AROSE OR BE FOREVER BANNED FROM DOING SO.
XIV. RESTRICTION ON LIABILITY
MDP, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE RESPONSIBLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF MDP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL THE COLLECTIVE RESPONSIBILITY OF MDP AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO MDP FOR THE APPLICABLE GOODS OR SERVICES FROM WHICH LIABILITY EMANATED.
XV. GOVERNING LAWS
When you utilize the MDP Website and the MDP Services, you agree that notwithstanding anything to the contrary your access to and utilization of the MDP Website and MDP is governed by the laws of the State of California. In the event of any dispute, you agree that exclusive jurisdiction shall lie in any court servicing Orange County, California.
XVI. RELEASE AND HOLD HARMLESS
WHEN YOU UTILIZE THE MDP WEBSITE OR MDP SERVICES, YOU AGREE, ON BEHALF OF YOURSELF, YOUR ESTATE, YOUR HEIRS AND ASSIGNS, TO RELEASE AND HOLD HARMLESS MDP, ITS AFFILIATES, ITS LISTEES, OFFICERS, DIRECTORS, EMPLOYEES, SUBCONTRACTORS, AGENTS, SUCCESSORS, OR ASSIGNS FROM ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND LOST PROFITS OR SAVINGS), CLAIMS AND DEMANDS OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH YOUR UTILIZATION OF THE MDP WEBSITE, AND OR ITS CONTENT OR MDP SERVICES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
XVII. INTELLECTUAL PROPERTY MATTERS
A. MDP recognizes the importance of intellectual property rights. MDP undertakes every effort to honor the valid intellectual property rights of others. However, MDP does not review all of the material set forth on the MDP Website. Further, MDP bears no liability for any content you may find or access when you utilize the MDP Website or MDP Services.
MDP treats all considerations related to intellectual property seriously. MDP retains the right to cancel, disable or terminate your MDP Account if MDP determines in its sole discretion that you have violated or appear to have violated the intellectual property rights of others.
B. Notice of Copyright Infringement
If you believe that the MDP Website has violated the intellectual property rights of other parties, please send the following information to MDP’s DMCA Agent.
1. A physical or electronic signature that you are empowered to act on behalf of the owner of an exclusive intellectual property right that is allegedly violated;
2. Itemization of the intellectual property right claimed to have been violated, or, if multiple intellectual property rights in a single online site are covered by a single notice, a list of such works on the MDP Website;
3. Itemization of the intellectual property material that is claimed to be violating or to be the subject of violative activity and that is to be deleted or access to which is to be non operational, and information reasonably adequate to allow MDP to find the intellectual property material in question;
4. Information reasonably adequate to allow us to reach out to the complaining individual or entity, such as an address, telephone number, and, if available, an email address at which the complaining individual or entity may be contacted;
5. A written declaration that you have a good faith belief that utilization of the intellectual property material in the manner complained of is not authorized by the owner of such intellectual property material, its agent, or the law; and
6. A written statement that the information in the notice is accurate, and under penalty of perjury, that you have the power and right to act on behalf of the intellectual property material’s owner.
Please send this information to MDP’s DMCA Agent, who can be reached as follows:
30211 Avenida De Las Banderas, 2nd Floor
Rancho Santa Margarita, CA 92688
By E-Mail: [email protected]
Because of overriding security concerns, you may not send emails with attachments. If you do, they will be rejected and not handled.
You promise to indemnify and hold MDP, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “MDP Indemnified Parties”) harmless from any breach of the T&C by you, including any use of content other than as expressly authorized in the T&C. You promise that the MDP Indemnified Parties will have no legal responsibility regarding any such breach thereof or unauthorized use thereof, and you promise to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the MDP Indemnified Parties. You also promise to indemnify and hold the MDP Indemnified Parties harmless from and against any claims brought by third parties relating to your use of the MDP Website.
If anything contained in the T&C is unlawful, void or unenforceable, then that item shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
MDP reserves the right to change the T&C at anytime and within its sole discretion. Accordingly, you are responsible for periodically checking the T&C for any changes.
RELIANCE / INDUCEMENT
IF MDP ACCEPTS YOU AND OPENS UP A MDP ACCOUNT FOR YOU, WE ARE DOING SO BASED ON ALL THE PROMISES, REPRESENTATIONS, AND WARRANTIES YOU MAKE BY AGREEING TO THE MDP T&C. MDP TREATS ALL SUCH PROMISES, REPRESENTATIONS, AND WARRANTIES YOU MAKE AS A MATERIAL INDUCEMENT FOR MDP TO ACCEPT YOU AND TO OPEN A MDP ACCOUNT FOR YOU.