PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.
By using the YourDIYDivorce.com website (the "Site") or any YourDIYDivorce forms or information packages, 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 YourDIYDivorce.com and "Services" refers to all services provided by us.
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 download our documents. We may revise these Terms of Use at any time without notice to you. YOU AGREE THAT BY USING THE SITE OR THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
YourDIYDivorce.com provides an online legal gateway that gives visitors a general understanding of the law and provides downloadable forms to individuals who choose to prepare their own legal documents. The Site includes general information on commonly encountered legal issues associated with dissolution of marriage in Florida.. At no time do we provide legal advice, opinions or recommendations about your legal rights, remedies, defenses, options, selection of forms, or strategies, or apply the law to the facts of your particular situation. YourDIYDivorce is not a law firm and may not perform services performed by an attorney. YourDIYDivorce, its Services, and its forms or templates are not a substitute for the advice or services of an attorney.
YourDIYDivorce strives to keep its documents accurate, current and up-to-date. However, because the law changes rapidly, YourDIYDivorce cannot guarantee that all of the information on the Site or Applications is completely current. The law is always subject to interpretation by different courts. No general information or legal tool like the kind YourDIYDivorce provides can fit every circumstance. Furthermore, the legal 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.
This Site and Applications are not intended to create any attorney-client relationship, and your use of YourDIYDivorce does not and will not create an attorney-client relationship between you and YourDIYDivorce. Instead, you are and will be representing yourself in any legal matter you undertake through YourDIYDivorce's legal document service.
1. Privacy Policy. YourDIYDivorce respects your privacy and permits you to control the treatment of your personal information. A complete statement of YourDIYDivorce's current Privacy Policy is provided on the Site. YourDIYDivorce's Privacy Policy is expressly incorporated into this Agreement by reference. In connection with the use of certain YourDIYDivorce products or services, you may be asked to provide personal information in a questionnaire, application, form or similar document or service. This information will be protected pursuant to our Privacy Policy. In addition, you grant YourDIYDivorce a worldwide, royalty-free, nonexclusive, and fully sublicensable 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 YourDIYDivorce at any time by removing your personal information from the applicable service.
2 Ownership. This Site and associated materials are owned and operated by YourDIYDivorce.com, Inc. 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 YourDIYDivorce or by our respective third party authors, developers or vendors ("Third Party Providers"). Except as otherwise expressly provided by YourDIYDivorce, 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 YourDIYDivorce's intellectual property rights, whether by estoppel, implication or otherwise. YourDIYDivorce does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by YourDIYDivorce. Any rights not expressly granted herein are reserved by YourDIYDivorce.
3. Limited Permission to Download. YourDIYDivorce hereby grants you permission to download, view, copy and print the Materials on any single, stand-alone computer 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.
4. Use of YourDIYDivorce Forms. On our Site we offer self-help "fill in the blank" forms. If you buy or download a form on our Site or Application, the terms and conditions of these Terms of Use control. You understand that your purchase, download, and/or- use of a form document is neither legal advice nor the practice of law, and that each form and any applicable instructions or guidance is not customized to your particular needs.
License to Use.
YourDIYDivorce grants you a limited, personal, non-exclusive, non-transferable license to use our forms (the "Forms") for your own persona use, or if you are an attorney or professional, for your client. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Forms in any manner, except for modifications in filling out the Forms for your authorized use. You shall not remove any copyright notice from any Form.
Resale of Forms Prohibited.
By ordering or downloading Forms, you agree that the Forms you purchase or download may only be used by you for your personal or business use or used by you in connection with your client and may not be sold or redistributed without the express written consent of YourDIYDivorce.com.
5. NO WARRANTY. THE SITE AND ALL MATERIALS, DOCUMENTS, OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, YOURDIYDIVORCE 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.
YOURDIYDIVORCE 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. OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. YOURDIYDIVORCE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
6. LIMITATION OF LIABILITY AND INDEMNIFICATION. EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD YOURDIYDIVORCE 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 OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF YOURDIYDIVORCE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF YOURDIYDIVORCE, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
7. Unsolicited Submissions. Except as may be required in connection with your use of YourDIYDivorce Services, YourDIYDivorce does not want you to submit confidential or proprietary information to us through this Site. All comments, feedback, information or material submitted to YourDIYDivorce through or in association with this Site shall be considered non-confidential and YourDIYDivorce's property. By providing such submissions to YourDIYDivorce you hereby assign to YourDIYDivorce, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. YourDIYDivorce 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.
8. Compliance with Intellectual Property Laws. When accessing the Site you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of 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 YourDIYDivorce user account.
YourDIYDivorce has adopted a policy that provides for the immediate removal of any content, article or materials that have infringed on the rights of YourDIYDivorce or of a third party or that violate intellectual property rights generally. YourDIYDivorce's policy is to remove such infringing content or materials and investigate such allegations immediately.
Copyright Infringement:
Notice. YourDIYDivorce has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site. We have adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed our rights or of a third party, or otherwise violated any intellectual laws or regulations. Our 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 us 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:
William Hollimon
Hollimon, P.A.1
18 N. Gadsden St.
Tallahassee, FL 32301
bill@hollimonpa,cin
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 Tallahassee, Florida, 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.
9. Inappropriate Content. When accessing the Site or using YourDIYDivorce's Services, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that: (i) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. YourDIYDivorce reserves the right to terminate or delete such material from its servers. YourDIYDivorce will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
10. Compliance with Export Restrictions. You may not access, download, use or export the Site, Applications, or the Materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.
11. Personal Use. The site is made available for your personal use on your own behalf.
12. Children. Minors are not eligible to use the Site or Applications and we ask that they do not submit any personal information to us.
13. Governing Law; Venue. Any legal action or proceeding relating to your access to or use of the Site or Materials is governed by the law of the State of Florida, and venue for any dispute arising under this agreement shall be solely and exclusively in the State and Federal Courts located in Tallahassee, Leon County, Florida. These Terms of Use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site.
14. Copyrights. All Site design, text, graphics, the selection and arrangement thereof, Copyright ©, YourDIYDivorce.com, Inc. ALL RIGHTS RESERVED.
15. Trademarks. YourDIYDivorce, YourDIYDivorce.com, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of YourDIYDivorce. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
16. Attorney Access Services; Use of Term "Experience." The term "experience," “professional,” or "experienced," as used on the Site and in other communications in reference to support services provided through the Site does not mean that legal services are offered or provided through the Site.
17. Inquiries. BY USING YOURDIYDIVORCE'S SERVICES OR ACCESSING THE YOURDIYDIVORCE SITE YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER TO YOURDIYDIVORCE VIA THE YOURDIYDIVORCE SITE CONSTITUTES AN INQUIRY TO YOURDIYDIVORCE, AND THAT YOURDIYDIVORCE MAY CONTACT YOU AT THE NUMBER SUBMITTED EVEN IF SUCH NUMBER APPEARS ON ANY STATE OR FEDERAL DO NOT CALL LISTS (TAKING INTO ACCOUNT INQUIRY EXCEPTION TIME FRAMES AS APPROPRIATE).
18. Right to Refuse. You acknowledge that YourDIYDivorce reserves the right to refuse service to anyone and to cancel user access at any time.
19. Acknowledgement. BY USING OR ACCESSING THE YOURDIYDIVORCE SITE OR MATERIALS, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM. YourDIYDivorce.com, Inc. is located at 610 N. Duval St., Tallahassee, FL 32301.