Terms and Conditions
Your use of certain portions of the Service may be subject to additional terms and conditions (“Additional Terms“). Where Additional Terms apply, we will make them available for you to read through your use of that portion of the Service. By using that portion of the Service, you agree to the Additional Terms.
The DSE Service is not intended for children under 18 years of age. By using the Site, you affirm that you are the applicable age of majority in your jurisdiction of residence or older.
DSE is not a law firm and your use of the Service does not and will not create an attorney-client relationship between you and DSE. We do not provide legal advice through the Service. The Service may facilitate access or introductions to an attorney or other licensed professionals in various ways, including, for example, by providing you with their contact information. These services will not create an attorney-client relationship between you and DSE. If you need legal advice for your specific situation, you should consult a licensed attorney in your area. Also, because the law often changes and is different in different jurisdictions, DSE does not guarantee that all of the information on the Site or Service is current, complete, or accurate.
(a) violate any local, state, national or international law or regulation;
b) transmit any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
(c) transmit any material that you know to be false, inaccurate, or misleading;
(d) stalk, harass, bully, or harm another individual;
(e) transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation;
(f) knowingly transmit any material that contains adware, malware, spyware, software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(g) defeat or interfere with any security feature of the DSE Service, or attempt to do so;
(h) impersonate any person or entity, or otherwise misrepresent your
affiliation with a person or entity;
(i) interfere with or disrupt the DSE Service or servers or networks
connected to the DSE Service, or disobey any requirements, procedures, policies or regulations of networks connected to the DSE Service; or
(j) alter or modify any content or component of the DSE Service, other than content you have posted using the DSE Service. You further agree not to use or launch any automated system, including, without limitation, “robots,” “spiders,” “offline readers” or the like, that access the DSE Service. DSE reserves the right to revoke these exceptions either generally or in specific cases.
This site and Applications are owned and operated by Divorce Media LLC. All right, title and interest in and to the materials provided on this Site and Applications including, without limitation, forms, photos, clips, videos, text, software, scripts, graphics, sounds, music, interactive featurs and the like (collectively, the “Content”) and the “DSE” word mark and the DSE design mark, as well as certain other of the names, logos and materials displayed on or through the DSE Service that constitute trademarks, tradenames, service marks or logos (the “Marks”) are owned by or licensed to DSE and are subject to copyright, trademark, and other intellectual property rights under U.S. and international laws. You agree not to reproduce, copy, download, stream, capture, archive, upload, publish, broadcast, sell, resell, modify, translate, decompile, disassemble, reverse engineer or exploit for any purposes the DSE Service or any portion of the DSE Service, including, without limitation, the Content and the Marks, except as authorized by these Terms or as otherwise intended or authorized by DSE and its applicable licensors.
Except as may be required in connection with your use of the Site, DSE 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 DSE or in association with this Site shall be considered non-confidential and become the property of Divorce Media LLC. You agree that DSE and its affiliates are free to use for any purpose whatsoever, ideas, know-how, concepts, techniques, comments, criticisms, reports or other feedback (“Feedback”), about the Site or the Services including Feedback that you send to DSE or its affiliates. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature, and that DSE has no duties to you (including any duty to compensate you), with respect to such Feedback.
Your use of the Service and the Site is at all times governed by and subject to the laws regarding copyright, trademark and other intellectual property ownership. DSE has adopted a policy that provides for the immediate removal of any content, article, or materials that have infringed on the rights of Divorce Media LLC or that violate intellectual property rights generally. Upon proper notice, DSE will remove or disable access to User Submissions that violate copyright law, and may suspend access to the DSE Service (or any portion thereof) of any user who uses the DSE Service in violation of copyright law and may terminate the accounts of repeat infringers. DSE has implemented procedures for receiving written notification of claimed copyright infringement (each, a “Notification”) and for processing such claims in accordance with such law. If you are the owner of any exclusive right under copyright laws, or are authorized to act on behalf of such an owner, and you believe your work has been copied in a way that constitutes copyright infringement, please send DSE’s 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 DSE to locate the material on the DSE Service; (c) information reasonably sufficient to permit DSE to contact you, such as an address, telephone number, and, if available, an e-mail 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. Please provide us with a Notification that includes all of the above enumerated information and e- mail or mail it to the following DSE copyright agent:
651 Old Mount Pleasant Ave
Livingston, NJ 07039
Attn: Copyright Agent
By submitting a Notification, you acknowledge and agree that DSE may
forward your Notification and any related communications to any users
who posted the material identified in such notice. DSE reserves the right, in its sole discretion, to terminate your access to all or part of the DSE Service, for any reason, with or without notice. FURTHER, YOU AGREE THAT DSE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR REMOVING YOUR (OR ANY OTHER PERSON’S) USER SUBMISSIONS OR FEEDBACK OR SUSPENDING OR TERMINATING YOUR (OR ANY OTHER PERSON’S) ACCESS TO THE DSE SERVICE (OR ANY PORTION THEREOF).
DSE reserves the right to modify or discontinue the DSE service with or without notice to you. DSE shall not be liable to you or any third party should DSE exercise its right to modify or discontinue the DSE Service.
The DSE Service may contain links to third party websites, images, videos, gifs, or other Internet resources that are not owned or controlled by DSE (“Third-Party Materials”). DSE’s provision of a link to any other Third-Party Materials is for your convenience only and does not signify DSE’s endorsement of such other website or resource or its contents. DSE SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, INFORMATION, SOFTWARE, MATERIALS OR PRACTICES OF ANY THIRD-PARTY INCLUDING ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE DSE SERVICE OR ANY LINKED WEBSITE OR FEATURED IN ANY ADVERTISING.
Disclaimer of Warranties.
YOU EXPRESSLY AGREE THAT USE OF THE DSE SERVICE IS AT YOUR SOLE RISK. THE DSE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, DSE AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE DSE SERVICE (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT).
DSE and its affiliates make no warranties or representations that the Service will meet your requirements or that the results that may be obtained from use of the Service will be accurate or reliable. Further, DSE and its affiliates make no warranties or representations about the availability of the DSE Service, the accuracy or completeness of content available on or through the DSE Service, or the content of any websites linked to the DSE Service. DSE assumes no liability or responsibility for any: (a) errors, mistakes or inaccuracies of content or confidentiality; (b) personal injury or property damage, of any nature whatsoever, resulting from access to or use of the DSE Service or inability to access or use the DSE Service; (c) unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein (including any and all User Submissions); (d) interruption or cessation of transmission to or from the DSE Service; (e) any bugs, viruses, Trojan horses or the like which may be transmitted to or through the DSE Service by any third party; and/or (f) loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted or otherwise made available on or through the DSE Service.
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL DSE OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES
WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT’S) USE OF THE DSE SERVICE. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL DSE OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU FOR DAMAGES EXCEEDING THE GREATER OF (A) $750.00 AND (B) THE AMOUNTS PAID BY YOU TO DSE DURING THE SIX-MONTH PERIOD IMMEDIATELY PRECEDING
THE INCIDENT GIVING RISE TO SUCH LIABILITY. EXCEPT AS PERMITTED BY LAW, NOTHING IN THIS PARAGRAPH IS INTENDED TO MODIFY THE PROVISIONS OF THE NEW JERSEY BUSINESS AND PROFESSIONS CODE.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent DSE may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of DSE’s liability shall be the minimum permitted under such applicable law.
You agree to indemnify, defend, and hold harmless DSE, its subsidiaries, affiliates, officers, directors, employees, consultants, and agents (“Indemnified Parties”) from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and costs) that they may incur as a result of or arising from: (a) any information (including, without limitation, your User Submissions, Feedback or any other content) you submit, post or transmit on or through the DSE Service or otherwise provide to us; (b) your use of the DSE service; (c) your violation of these Terms or any Additional Terms; or (d) the violation of any rights of any other person or entity, including, without limitation, any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity, by you (or anyone using any of your accounts) or by your User Submissions. If you are a Professional, you also agree to indemnify, defend, and hold harmless the Indemnified Parties from and against any and all claims relating to or that may be asserted by your clients. DSE reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with DSE in asserting any available defenses.
All payments for the use of the DSE Service are 100% non-refundable once paid. We understand that things happen, and that sometimes you and your spouse may decide to go another direction, or reconcile once you’ve begun the divorce process. If you so choose, you will be able to discontinue your use of the DSE Service at any time; however, given the nature and low-cost of the DSE Service, we cannot provide refunds once you’ve started your divorce using our platform.
These Terms, any Additional Terms, and any dispute arising from or relating to these Terms, the Additional Terms or the provision or use of the Service, shall be governed exclusively by, and construed in accordance with the laws of the United States and the State of New Jersey, without reference to any conflict of laws principles. Any controversy, claim, or dispute arising out of or related to these Terms (or the interpretation, performance, or breach of them), the Site or the Services, including but not limited to alleged violations of state or federal statutory or common law rights or duties (a “Dispute”) shall be solely and exclusively resolved according to the procedures set forth in this paragraph. If we are unable to resolve any Dispute through informal means, either party may initiate binding arbitration of such Dispute. The arbitration shall be initiated and conducted according to the JAMS/Endispute Comprehensive Arbitration Rules and Procedures in effect as of the date hereof, including the Optional Appeal Procedure provided for in such rules (the “Arbitration Rules”). The arbitration shall be conducted in New Jersey before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The arbitrator’s decision shall be controlled by these Terms, including any applicable Additional Terms.
No Disputes may be arbitrated on a class or representative basis. Arbitration can decide only the individual Dispute and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. BY ENTERING INTO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS MUST BE ASSERTED INDIVIDUALLY. The arbitrator shall not have the power to award punitive damages against any party.
We do not represent or warrant that the DSE Service, or any part of it, is appropriate or available for use in any particular jurisdiction. You access the DSE Service on your own initiative and at your own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the availability of DSE Service, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. In particular, the Service currently is not intended for use by residents of the European Union.
These Terms and any Additional Terms constitute the entire and exclusive and final statement of the agreement between you and DSE, and govern your use of the DSE Service. The failure of DSE to exercise or enforce any right or provision of these Terms or any Additional Terms shall not constitute a waiver of such right or provision. If for any reason any provision of these Terms or any Additional Terms is found to be unenforceable, that provision shall be enforced to the maximum extent permissible to give effect to the intent of the parties, and the remainder of these Terms and any Additional Terms shall continue in full force and effect. The section titles in these Terms and any Additional Terms are for convenience only and have no legal or contractual effect.
This website may include “affiliate links,” wherein we receive a small commission if you make a purchase using the link. However, all opinions are our own and we only endorse or link to products and services we genuinely recommend.
The effective date of these Terms is March 01, 2021.