Welcome to Divorce in Peace.com Updated February 29, 2016
DivorceinPeace.com’s website, products and services are provided solely by Divorce in Peace, LLC. These terms of service ("Terms") govern your use of Divorce in Peace's websites, products and services, so please read them carefully.
1. Using Our Services
You may use our website, product and services only if you can form a binding contract with Divorce in Peace, LLC. No use of the Services is permitted by those under the age of majority in their state of residence. If you are using the website, products and services on behalf of or as a representative of any entity, then you are agreeing to the Terms on behalf of that entity.
Using our Services does not provide you ownership of any intellectual property rights in our Company, website, product or services or the content you access on the site or published in any Divorce in Peace product, except as otherwise provided in a written contract. Except in the context of browsing or accessing our website, products or services in accordance with these Terms, you may not use content from our Services unless you obtain specific written permission from its owners. These terms nor any contractual relationship between the Company and you, does not grant you the right to use any branding or logos used in our website products or services. Do not remove, obscure, or alter any legal notices displayed in or along with our Services.
2. The Divorce in Peace Directory Listing and Videos
A Divorce in Peace Listing and/or video DOES NOT reflect Divorce in Peace's assessment or endorsement of any lawyer or professional, and is not a guarantee of a lawyer's or professional’s quality, competency, or character. Nor is the Divorce in Peace Listing a predictor of the outcome of any matter in which such lawyer or professional is involved. The Divorce in Peace Listing is intended to provide specific information about attorneys and professionals who may be suitable for your legal or other professional needs. You should not rely solely on the Divorce in Peace Listing, the attorney’s or professional’s representation that he or she abides by the Divorce in Peace Pledge in deciding whether to contact or hire any given lawyer.
3. Information on the Services
Some parts of our website, products and services contain content that is not created or developed by Divorce in Peace. This content is provided solely by the person or entity that creates or develops it. We may review such third party-content to determine whether it is illegal, inappropriate or violates our Company’s policies. We reserve the exclusive right to remove or refuse to display content that we reasonably believe violates our policies or the law. We do not routinely screen third-party content that is published via our website, products or services. This includes the legal information that lawyers and other professionals post on Divorce in Peace. We do not and cannot guarantee the accuracy, adequacy or quality of any such Information, or the qualifications of those posting it.
4. No Attorney-Client Relationship
All information posted on Divorce in Peace is intended for general informational purposes only and not as legal advice or an endorsement of any particular attorney or professional. The information contained on the website and contained in the DivorceinPeace book is for educational purposes only and is not intended to provide any person with legal advice and should not be used as a substitute for legal advice. Any legal Information is not the provision of legal services, and accessing such information, or corresponding with or posing questions to an attorney via the website, products or services does not create an attorney-client relationship between you and Divorce in Peace, or you and any lawyer. Such information is not a substitute for an in-person, video or telephonic consultation with a lawyer licensed to practice in your state or jurisdiction about your specific legal issue(s). You understand that questions and/or answers or other postings to the website, products and services are not confidential and are not subject to attorney-client privilege.
5. Legal Services for Consumers
Divorce in Peace is a platform where lawyers and other professionals not affiliated with Divorce in Peace can provide information and interact with consumers and potential clients. Divorce in Peace provides an option for you to consult with your attorney via a secured internet, video connection. Any attorney-client relationship formed as a result of such discussions is between you and the lawyer you speak with — not between you and Divorce in Peace or any other attorney or professional. Furthermore, you understand that Divorce in Peace cannot be held responsible for the quality or accuracy of any information or legal services provided by lawyers or professionals you connect with via Divorce in Peace.
6. Paid Listings for Lawyers and Professionals
Divorce in Peace offers optional paid listings, ads, secured video consultation and other services for lawyers and professionals. By selecting a paid listing, purchasing ads, subscribing to secured video consultation or any other paid for service, you agree to pay Divorce in Peace the subscription or usage fees for that service(s). Payments for paid listing, ads, secured video consultation or any other service offered by Divorce in Peace will be charged on the day your service goes into effect and will cover the use of that service for the period indicated. Thereafter, you agree that monthly payments will continue to be charged to your credit card on a recurring basis until you cancel your service. The amount of the monthly recurring charge will be the then-current subscription fee applicable to the service you selected. You acknowledge that the amount of the recurring charge may increase if the applicable subscription fee increases. Services other than advertising, websites, videos, video conferencing capabilities must be cancelled prior to your monthly renewal in order to avoid billing of the next month's service fee. For advertising services, websites, videos or video conferencing capabilities, Divorce in Peace must receive written notice of your cancellation or reduction in service at least thirty (30) days in advance of the monthly renewal date on which you wish to make the cancellation or reduction effective. All cancellations or reductions of advertising services must be received in writing by email (email@example.com) or by U.S. mail (5665 North Dallas Tollway, Suite 200, Frisco, Texas, 75034). All Divorce in Peace service fees are not prorated or refundable.
Divorce in Peace also provides video services as part of their upgraded directory listing packages. The videos that are produced by Divorce in Peace, LLC remain the property of Divorce in Peace, LLC until the amount for the package is paid in full. If the client has chosen the one-year subscription, monthly pay out, Divorce in Peace will transfer ownership of said video(s) at the time it receives the final payments for the prescription package and the client is paid in full.
If your payment method fails or your account is past due, Divorce in Peace reserves the right to either suspend or terminate your services. Any such suspension or termination will result in the cancellation of any promotional programs applicable to your services. You agree to submit any disputes regarding any charge to your account in writing to Divorce in Peace within sixty (60) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge.
7. Legal Advertising and Communications
It is solely the responsibility of lawyers, their law firms and other professionals to ensure that any information or advertisements they post or place on the Divorce in Peace website (including without limitation any legal information), and any communications they may have with prospective clients through the Services, fully complies with all applicable laws and rules of professional conduct, including those concerning the unauthorized practice of law and those regulating the form, manner or content of communications with clients, advertising, or other matters.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
If you believe that any material on the Site infringes upon any copyright which you own or control, you may file a DMCA Notice of Alleged Infringement with Divorce in Peace's Designated Copyright Agent:
Divorce in Peace Copyright Agent
c/o Laura Roach
9. Disclaimers and Acknowledgements Regarding Use of Legal or Other Professional Information
While Divorce in Peace strives to provide—and to allow lawyers and other professionals to provide—useful information regarding lawyers, legal services, professionals and professional services, there are some things that we cannot guarantee. You acknowledge that such information consists of third party data and contributions, that there are certain inherent limitations to the accuracy or currency of such information, that legal and other information may be incomplete, may contain inaccuracies, or may be based on opinion. DIVORCE IN PEACE DOES NOT SCREEN SUCH INFORMATION FOR ACCURACY OR RELIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, DIVORCE IN PEACE AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." DIVORCE IN PEACE ALSO DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DIVORCE IN PEACE OR ANY OF ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) THE OUTCOME OF ANY LEGAL MATTER; (B) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (C) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY RELATING TO THE SERVICES; OR (D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF LEGAL INFORMATION.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF DIVORCE IN PEACE, AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE SERVICES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES TO WHICH SUCH CLAIM RELATES IN THE 12 MONTH PERIOD PRECEDING THE FILING OF SUCH CLAIM. IN THE INTEREST OF CLARITY, THIS LIMITATION ALSO APPLIES TO PREMIUM SERVICES.
11. User Posted Content & Other Interactive Services or Areas
Divorce in Peace includes interactive areas in which you may post content and information, including peer and client reviews, questions and answers, comments, photos, and other materials (the "User Content"). You retain all rights in, and are solely responsible for, the User Content you post to Divorce in Peace. You are also solely responsible for your use of such interactive features, and use them at your own risk. By using any interactive feature, you agree to comply with the Divorce in Peace Guidelines. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.
When you post User Content to Divorce in Peace, you give Divorce in Peace and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. To the extent such content is attached to a directory listing on the Divorce in Peace platform, the foregoing license includes a right to reproduce your profile, and any name, likeness or photograph contained in such profile. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.
You agree to defend, indemnify and hold harmless Divorce in Peace, its corporate affiliates, independent contractors, service providers and consultants, and each of their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Services or your use of or inability to use the Services, including without limitation any actual or threatened suit, demand or claim arising out of or relating to the User Content, your conduct, your violation of these Terms or your violation of the rights of any third party.
Divorce in Peace may revise these Terms from time to time, on a prospective basis, and we will always post the most up-to-date version on our website. If we determine, in our sole discretion, that a modification to these Terms materially affects your rights, we will notify you (by, for example, sending a message to your account email or posting on the Divorce in Peace Blog). By using or continuing to use or access the Services after any revisions have come into effect, you agree to be bound by the revised Terms.
14. Applicable Law and Venue
The laws of the State of Texas will apply to any disputes arising out of or relating to these Terms or the Services. All claims arising out of or relating to these Terms or the Services will be litigated exclusively in the state or federal courts located in Collin County, Texas, and you and Divorce in Peace consent to personal jurisdiction and exclusive venue in such courts.
Notwithstanding any of these Terms, Divorce in Peace reserves the right, without notice and in its sole discretion, to terminate your license to use the Services, and to block or prevent your access to and use of the Services. Divorce in Peace reserves the right to refuse service to anyone for any reason at any time. In the event of termination of access to the Services for any reason, you have no right to obtain a copy of any data or communications you stored or effected via the Services, or any other data.
16. Entire Agreement
These Terms constitute the entire agreement between you and Divorce in Peace with respect to the subject matter of these Terms, and supersede and replace any prior version of the Terms. These Terms create no third party beneficiary rights.
17. Waiver, Severability & Assignment
Divorce in Peace's failure to enforce a provision of these Terms is not a waiver of its right to do so later. If any provision of these Terms is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term or terms will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any attempt to do so will be void. Divorce in Peace may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
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