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Terms of Use
Agreement
Read This
Terms of Use Agreement Before Accessing The Website.
Effective Date: This Terms of
Use Agreement was last updated on 5/29/2008.
This Terms of Use Agreement
sets forth the standards of use of the A Divorce
Solution Online Service. By using the
www.adivorcesolution.com website you (the “Member”)
agree to these terms and conditions. If you do not
agree to the terms and conditions of this agreement,
you should immediately cease all usage of this
website. We reserve the right, at any time, to
modify, alter, or update the terms and conditions of
this agreement without prior notice. Modifications
shall become effective
immediately upon being posted at
www.adivorcesolution.com website. Your continued
use of the Service after amendments are posted
constitutes an acknowledgement and acceptance of the
Agreement and its modifications. Except as provided
in this paragraph, this Agreement may not be
amended.
1.
Description of Service
A
Divorce Solution is providing Member with
information products. Member must provide (1) all
equipment necessary for their own Internet
connection, including computer and modem and (2)
provide for Member’s access to the Internet, and (3)
pay any fees relate with such connection.
2.
Disclaimer of Warranties.
The
site is provided by A Divorce Solution on an “as is”
and on an “as available” basis. To the fullest
extent permitted by applicable law, A Divorce
Solution makes no representations or warranties of
any kind, express or implied, regarding the use or
the results of this web site in terms of its
correctness, accuracy, reliability, or otherwise. A
Divorce Solution shall have no liability for any
interruptions in the use of this Website. A Divorce
Solution disclaims all warranties with regard to the
information provided, including the implied
warranties of merchantability and fitness for a
particular purpose, and non-infringement. Some
jurisdictions do not allow the exclusion of implied
warranties, therefore the above-referenced exclusion
is inapplicable.
3.
Limitation of Liability
A
DIVORCE SOLUTION SHALL NOT
be liable
for any damages whatsoever, and in particular A
DIVORCE SOLUTION shall not be liable for any
special, indirect, consequential, or incidental
damages, or damages for lost profits, loss of
revenue, or loss of use, arising out of or related
to this web site or the information contained in it,
whether such damages arise in contract, negligence,
tort, under statute, in equity, at law, or
otherwise, even if A DIVORCE SOLUTION has been
advised of the possibility of such damages. SOME
JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE
LIMITATIONS IS INAPPLICABLE.
4.
Indemnification
Member agrees to indemnify and
hold A Divorce Solution, its parents or subsidiaries
affiliates officers and employees, harmless from any
claim or demand, including reasonable attorneys’
fees and costs, made by any third party due to or
arising out of Member’s use of the Service, the
violation of this Agreement, or infringement by
Member, or other user of the Service using Member’s
computer, of any intellectual property or any other
right of any person or entity.
5.
Modifications and Interruption to Service
A Divorce Solution reserves the
right to modify or discontinue the Service with or
without notice to the Member. A Divorce Solution
shall not be liable to Member or any third party
should A Divorce Solution exercise its right to
modify or discontinue the Service. Member
acknowledges and accepts that A Divorce Solution
does not guarantee continuous, uninterrupted or
secure access to our website and operation of our
website may be interfered with or adversely affected
by numerous factors or circumstances outside of our
control.
6.
Third-Party Sites
Our website may include links
to other sites on the Internet that are owned and
operated by online merchants and other third
parties. You acknowledge that we are not
responsible for the availability of, or the content
located on or through, any third-party site. You
should contact the site administrator or webmaster
for those third-party sites if you have any concerns
regarding such links or the content located on such
sites. Your use of those third-party sites is
subject to the terms of use and privacy policies of
each site, and we are not responsible therein. We
encourage all Members to review said privacy
policies of third-parties’ sites.
7.
Disclaimer Regarding Accuracy of Vendor
Information
Product specifications and
other information have either been provided by the
Vendors or collected from publicly available
sources. While A Divorce Solution makes every
effort to ensure that the information on this
website is accurate, we can make no representations
or warranties as to the accuracy or reliability of
any information provided on this website.
A Divorce Solution makes no
warranties or representations whatsoever with regard
to any product provided or offered by any Vendor,
and you acknowledge that any reliance on
representations and warranties provided by any
Vendor shall be at your own risk.
8.
Governing Jurisdiction of the Courts WA
Our website is operated and
provided in the State of WA. As such, we are
subject to the laws of the State WA, and such laws
will govern this Terms of Use, without giving effect
to any choice of law rules. We make no
representation that our website or other services
are appropriate, legal or available for use in other
locations. Accordingly, if you choose to access our
site you agree to do so subject to the internal laws
of the State WA.
9.
Compliance with Laws.
Member assumes all knowledge of
applicable law and is responsible for compliance
with any such laws. Member may not use the Service
in any way that violates applicable state, federal,
or international laws, regulations or other
government requirements. Member further agrees not
to transmit any material that encourages conduct
that could constitute a criminal offense, give rise
to civil liability or otherwise violate any
applicable local, state, national, or international
law or regulation.
10.
Copyright and Trademark Information
All content included or
available on this site, including site design, text,
graphics, interfaces, and the selection and
arrangements thereof is ©2005
www.adivorcesolution.com, with all rights reserved,
or is the property of A Divorce Solution and/or
third parties protected by intellectual property
rights. Any use of materials on the website,
including reproduction for purposes other than those
noted above, modification, distribution, or
replication, any form of data extraction or data
mining, or other commercial exploitation of any
kind, without prior written permission of an
authorized officer of A Divorce Solution is strictly
prohibited. Members agree that they will not use
any robot, spider, or other automatic device, or
manual process to monitor or copy our web pages or
the content contained therein without prior written
permission of an authorized officer of A Divorce
Solution.
A Divorce Solution ™ and
www.adivorcesolution.com™ are proprietary marks of
www.adivorcesolution.com. A Divorce Solution’s
trademarks may not be used in connection with any
product or service that is not provided by A Divorce
Solution, in any manner that is likely to cause
confusion among customers, or in any manner that
disparages or discredits A Divorce Solution.
All other trademarks displayed
on A Divorce Solution’s website are the trademarks
of their respective owners, and constitute neither
an endorsement nor a recommendation of those
Vendors. In addition, such use of trademarks or
links to the web sites of Vendors is not intended to
imply, directly or indirectly, that those Vendors
endorse or have any affiliation with A Divorce
Solution.
11.
Notification of Claimed Copyright
Infringement
Pursuant to Section 512(c) of
the Copyright Revision Act, as enacted through the
Digital Millennium Copyright Act,
www.adivorcesolution.com designates the following
individual as its agent for receipt of notifications
of claimed copyright infringement.
By Mail:
800 Bellevue Way Suite 400
Bellevue, WA 98004
By Telephone: 866-490-1919
By Email: support@adivorcesolution.com
12.
Botnets
A Divorce Solution retains the
right, at our sole discretion, to terminate any
accounts involved with botnets and related
activities. If any hostnames are used as command and
control points for botnets, A Divorce Solution
reserves the right to direct the involved hostnames
to a honeypot, loopback address, logging facility,
or any other destination at our discretion.
13.
Other Terms
If any provision of this Terms
of Use Agreement shall be unlawful, void or
unenforceable for any reason, the other provisions
(and any partially-enforceable provision) shall not
be affected thereby and shall remain valid and
enforceable to the maximum possible extent. You
agree that this Terms of Use Agreement and any other
agreements referenced herein may be assigned by A
Divorce Solution, in our sole discretion, to a third
party in the event of a merger or acquisition. This
Terms of Use Agreement shall apply in addition to,
and shall not be superseded by, any other written
agreement between us in relation to your
participation as a Member. Member agrees that by
accepting this Terms of Use Agreement, Member is
consenting to the use and disclosure of their
personally identifiable information and other
practices described in our Privacy Policy Statement
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