Terms & Conditions | User Agreement

IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE & SALE (THESE “TERMS”) BEFORE ACCESSING, USING, OR SUBSCRIBING OR PLACING AN ORDER OVER WWW.DIYDIVORCE.COM OR OTHER OF OUR SITES WHICH LINK TO THESE TERMS.

THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES INCLUDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION (SEE SECTIONS 11, 17, 18, AND 19). ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 19. THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT.

The use of www.diydivorce.com or other sites to which these Terms are linked (each, a “Website”), owned and maintained by DIY DIVORCE LLC (“DIY DIVORCE”, “we,” “our,” “us”), are governed by these Terms. We offer the Website, including all information, tools, and services available from the Website to you, the user, conditioned upon your acceptance of all terms and conditions stated herein. By accessing, using, subscribing, or placing an order over the Website, you and your business (including any sub users you may have) agree to the terms and conditions set forth herein. If you do not agree to these Terms in their entirety, you are not authorized to use the Website in any manner or form whatsoever.

THIS IS A BINDING AGREEMENT. THESE TERMS TOGETHER WITH OUR PRIVACY STATEMENT FORM A LEGALLY BINDING AGREEMENT (THE “AGREEMENT”, "USER AGREEMENT") BETWEEN YOU AND YOUR BUSINESS (“YOU”) AND DIY DIVORCE. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE AND THE SERVICES PROVIDED BY DIY DIVORCE, ANY ORDER YOU PLACE THROUGH THE WEBSITE, BY TELEPHONE, OR OTHER ACCEPTED METHOD OF PURCHASE AND, AS APPLICABLE, YOUR USE OR ATTEMPTED USE OF THE PRODUCTS OR SERVICES OFFERED ON OR AVAILABLE THROUGH THE WEBSITE. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

This agreement is in effect as of January 1, 2024, and last modified as of the date at the top of this page. We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

You agree that by using the site, any applications, and the services you are at least 18 years of age and are legally able to enter into a contract.

RESPONSIBLE USE AND CONDUCT

By visiting our website, accessing and/or purchasing the information, resources, services, products, plans and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines. Wherein, you understand that: (a) In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources; (b) you agree that any information you provide will always be accurate, correct, and up to date; (c) you understand and agree to the following items:
1. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
2. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
3. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
4. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
5. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
6. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
• Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
• Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
• Contains any type of unauthorized or unsolicited advertising;
• Impersonates any person or entity, including any diydivorce.com employees or representatives.

We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

1. We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn’t violate or infringe on any 3rd party copyrights or trademarks, becomes the property of DIY DIVORCE, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our privacy policy.

2. You agree to indemnify and hold harmless DIY DIVORCE and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

3. Any information supplied through the Website or by any employee or agent of the Company, whether by telephone, e-mail, letter, facsimile, or other form of communication, is for educational purposes or general guidance on the use of the Website, and does not constitute medical, legal, tax, accounting, or other professional advice. Health-related information provided through the Website is not a substitute for or constitute medical advice and it is important that medical decisions not be made without the consultation of a healthcare professional. The receipt of any questions or feedback you submit to the Company does not create a professional relationship and does not create any confidentiality privileges beyond those described in our privacy policy.

DIY DIVORCE does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. Persons under age 18 are not permitted to use this Website.

DIY DIVORCE IS NOT A LAW FIRM

DIY DIVORCE is an educational platform designed to empower individuals with general guidance and tools. By using our services, you acknowledge and accept that you are responsible for your own decisions and actions throughout your divorce process.  DIY DIVORCE provides an online portal to give visitors a general understanding of the law that pertains to divorce and other family law issues, to provide an automated software solution to individuals who choose to prepare their own legal documents. The information, services, and courses provided on this website are for educational and informational purposes only and do not constitute legal advice or representation.

Customers need not download or even license DIY DIVORCE software. DIY DIVORCE hosts its software as a backend service for customers when they create their own documents. The Site includes general information on commonly encountered divorce issues. At no time do we review your answers for legal sufficiency, draw legal conclusions, 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. DIY DIVORCE is not a law firm and does not provide legal advice, perform legal work, or act as legal representation in any capacity. DIY DIVORCE, its services, and its forms or templates are not a substitute for the advice or services of an attorney. 

DIY DIVORCE strives to keep its legal documents accurate, current and up-to-date. However, because the law changes rapidly, DIY DIVORCE cannot guarantee that all of the information on the Site or Applications is completely current. The law is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. The law is a personal matter, and no general information or divorce tool like the kind DIY DIVORCE provides can fit every circumstance. Furthermore, the divorce 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.

From time to time, DIY DIVORCE may perform certain attorney access services and introduce our visitors to attorneys through various methods. At no time is an attorney-client relationship fostered or created with DIY DIVORCE through the performance of any such services.  Attorneys advertised on this site are independent attorneys. DIY DIVORCE is not an "attorney referral service" or a law firm.

This Website and Applications are not intended to create any attorney-client relationship, and your use of DIY DIVORCE does not and will not create an attorney-client relationship between you and DIY DIVORCE. Instead, you are and will be representing yourself in any legal matter you undertake through DIY DIVORCE's document service. Our resources are designed to guide and educate but are not a substitute for professional legal advice tailored to your specific circumstances. If you require legal assistance, have questions about your rights, or need help with your specific case, you should consult a licensed attorney in your jurisdiction.

PRIVACY

We respect your privacy and the use and protection of your non-public, personal information, which is why we’ve created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement. To read our privacy policy in its entirety, click here.

PAYMENT

You agree to pay, and authorize DIY DIVORCE’s third party payment processor to charge using your selected payment method and payment plan, for all applicable fees and taxes that may accrue in relation to your payment plan to use our Services or purchase our products. All fees are in US Dollars and are non-refundable except as required by law. DIY DIVORCE is not responsible for charges, bank fees, or foreign exchange rates applied by your Credit Card Company and/or financial institution. You are responsible for providing complete and accurate billing and contact information to us. We may suspend or terminate the Services if fees are past due.

REFERENCE TRANSACTIONS

A reference transaction is a financial transaction from which subsequent transactions can be derived. PayPal Reference Transactions, Stripe, Payments AI, or other payment processor Authorizations are used to make to make subsequent transactions to offer you additional offers at checkout. These offers are optional and you will be provided the option to opt-out of any after purchase offers by clicking the “No Thanks, I won’t see this offer again and I am not interested” option. After adding your payment information at checkout, you agree to allow our payment processor to store an authorization for additional payments as needed. This may include after purchase one-time offers, which you authorize us to charge using your selected payment method upon your acceptance of any additional offers.

TESTIMONIALS

All Testimonials found on diydivorce.com and its affiliate sites represent the factual viewpoints of those who submitted them. Testimonialists were in no way coerced or encouraged to leave reviews that do not reflect their actual experiences.

Some testimonials posted here represent subjective information based on the perception and life experience of those who submitted the testimonial. We at diydivorce.com in no way endorse these opinions as fact and encourage you to come up with your own opinion of our products as a direct result of your experiences and not those of another. If you believe that any of the information presented in testimonials found on this site to be false, please bring it to our attention. We strive to present you with the best and most accurate information possible and appreciate your help ensuring that it stays that way.

EXPECTED RESULTS

The experiences of others found on diydivorce.com and its affiliate sites in no way reflect a guarantee of results. These testimonials represent individuals success but are in no way an example of the expected result for all individuals. Not all customers will achieve the same results as those found in personal testimonials on diydivorce.com, such testimonials are viewed as personal successes and not to be mistaken for typical results.

BLOG POSTS AND USER SUBMITTED CONTENT

Information provided to us by others which includes blog posts, before and afters, testimonials, etc, is in no way endorsed as fact or verified by diydivorce.com or its affiliate sites. You are encouraged to take this kind of information at face value and understand that these statements often reflect exceptional results and in no way should be accepted as typical or expected results.

NO MEDICAL ADVICE

The Website DOES NOT PROVIDE MEDICAL ADVICE! The Website does not provide medical advice, treatment or diagnosis of any issue, illness or disease. All content and educational material provided on this site and associate sites of the Company for educational and example purposes only. You are fully responsible for doing your own research and determining what is your best course of action. Always seek approval and advice from a physician, medical doctor or other qualified health professional before embarking on a new exercise regime, diet, supplement or similar protocol.

ADVERTISEMENTS AND LINKS TO OTHER SITES

Some pages on this Website may contain advertisements to associated products of external websites / links / supplements. While the Company may be compensated for such advertisement placing, the Company does not endorse or warrant any such products. You are fully responsible for researching such products on your own and determining if they are the right fit for you Many articles on this Website contain links to third-party websites. The Company does not endorse the content on any third-party website that this Website may link to and has no control over and is not responsible for the content on affiliated or advertised sites. 

COMMISSIONS PROGRAM AND INDEPENDENT CLICKFUNNELS AFFILIATE PROGRAM

DIY DIVORCE may offer you an opportunity to become an independent DIY DIVORCE affiliate (“Affiliate”), wherein you have the opportunity to earn additional money for DIY DIVORCE accounts that you sell to other users subject to your acceptance of the terms of the DIY DIVORCE Affiliate agreement (the “Affiliate Agreement”). DIY DIVORCE reserves the sole and exclusive right to determine the amount of remuneration each Affiliate will receive in exchange for the Affiliate’s efforts. Affiliate commission is further discussed in the Affiliate Agreement. For avoidance of doubt, Affiliates are independent contractors and are not employees or agents of DIY DIVORCE. Affiliates have no authority to act on behalf of or bind DIY DIVORCE. Affiliates shall be solely and exclusively responsible for all costs and other expenses incurred.

In the event you make a purchase using a DIY DIVORCE Affiliate identification number, the Affiliate tied to such sale will be given your name and email address for other promotional opportunities and purposes. By making a purchase through such Affiliate link or identification number you expressly agree that your name and email address may be shared with the Affiliate.

GENERAL PROHIBITIONS AND ACCEPTABLE USAGE

You agree that you will not: Access the membership area of the site corresponding to the diydivorce.com for any of these purposes:
• Attempt to access another member’s account.
• Attempt to download content from the site through the use of any software, agent, or device (including spiders, robots, crawlers, data mining tools or the like) other than the material made explicitly available to you via download.

LIMITATION OF WARRANTIES

By using our website, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:
(i) the use of our Resources will meet your needs or requirements.
(ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.
(iii) the information obtained by using our Resources will be accurate or reliable, and
(iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
(v) you understand and agree that any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
(vi) no information or advice, whether expressed, implied, oral or written, obtained by you from DIY DIVORCE or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

LIMITATION OF LIABILITY

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. DIY DIVORCE will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply, or your duty to mitigate damages. All information stated on either the Members Area and diydivorce.com is for informational purposes only and does not constitute legal or medical advice. BY ACCESSING THIS SITE YOU HEREBY WAIVE DIY DIVORCE OF ALL POSSIBLE LIABILITY AND WILL CONSULT AN ATTORNEY LICENSED IN YOUR STATE OF JURISDICTION FOR LEGAL ADVICE AND SERVICES, AND WILL CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROVIDER FOR ALL MEDICAL, HEALTH, LIFESTYLE, AND NUTRITION ADVICE BEFORE ACTING ON ANY INFORMATION FOUND OR INTERPRETED FROM THIS WEBSITE. DIY DIVORCE does not provide information intended to be used by Minors or individuals with conditions that might be altered by changes in exercise or nutrition.

COPYRIGHTS/TRADEMARKS

All content and materials available on diydivorce.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of DIY DIVORCE, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by DIY DIVORCE.

You are granted a non-exclusive, non-transferable, revocable license to access and use diydivorce.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to DIY DIVORCE that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of DIY DIVORCE or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. DIY DIVORCE content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of DIY DIVORCE and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of DIY DIVORCE or our licensors except as expressly authorized by these Terms.

TERMINATION OF USE

This Agreement will take effect (or shall re-take effect) at the time you click “ACTIVATE MY ACCOUNT NOW,” “PAY NOW,” “ORDER NOW”, “SUBMIT”, "SIGN UP", “BUY NOW”, “PURCHASE”, “I ACCEPT”, “I AGREE” or similar links or buttons, otherwise submit information through the Website, respond to a request for information, begin installing, accessing, or using the Website, complete a purchase, select a method of payment, and/or enter in payment method information, whichever is earliest. If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of the Agreement or violated any law, whether in connection with your use of DIY DIVORCE or otherwise, we may terminate the Agreement or suspend your access to the Website at any time without notice to you. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information. Any refunds issued will result in the revocation of your account access immediately and any files. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. The sections of this Agreement, as well as any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement and/or your account or relationship with DIY DIVORCE. Upon termination, you remain responsible for any outstanding payments to DIY DIVORCE. You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information. Any refunds issued will result in the revocation of your account access immediately and any files.

GUARANTEE

UNLESS OTHERWISE EXPRESSED, DIY DIVORCE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

REFUNDS

No refunds are permitted across any products, there are no exceptions to this rule as these are all digital products. Please contact us for more information or if you would like to discuss it. There are NO divorce or litigation promises and all information and examples are based on research and/or experience.

DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR AND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THESE TERMS AS A COURT WOULD.

If you have a complaint, dispute, or controversy, you agree to first contact us at compliance@diydivorce.com to attempt to resolve the dispute or controversy informally. Any controversy or claim arising out of or related to the use of the Website, any product, service, or software, these Terms, the Privacy Statement, the DPA, the Affiliate Agreement, or your relationship with us that cannot be resolved through such informal process or through negotiation within one hundred and twenty (120) days shall be resolved by binding, confidential arbitration administered by the American Arbitration Association (“AAA”), and judgment on the award rendered may be entered in any court having jurisdiction thereof. We agree that any claim we may have against you or your agents will also be subject to this arbitration provision, except as provided in Sections 20 and 21 below. The arbitration will be conducted by a single neutral arbitrator in the English language in Pinellas County, Florida, unless we both agree to conduct the arbitration by telephone or written submissions. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Arbitration Rules and Procedures, in effect at the time of submission of the demand for arbitration. The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms, the Privacy Statement, the DPA, this arbitration provision, and any other terms incorporated by reference into these Terms. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or DIY DIVORCE.

Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.

The arbitrator shall follow the substantive law of the State of Florida without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

You and DIY DIVORCE agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party. You and DIY DIVORCE expressly waive any right to pursue any class or other representative action against each other.

Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except that all claims must be brought within 1 year after the claim arises (the 1 year period includes the one hundred and twenty (120) day informal resolution procedures described above).

This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended.

This provision survives termination of your account or relationship with DIY DIVORCE, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.

YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION IN ACCORDANCE WITH THIS ARBITRATION PROVISION.

Notwithstanding the above, we will consider a preliminary request to attend mediation Florida Supreme Court Certified Mediator, in accordance with the governing law and venue provision herein. Please submit any preliminary request to attend mediation with a detailed description of grievance to compliance@diydivorce.com.

DIY DIVORCE’ ADDITIONAL REMEDIES

In order to prevent or limit irreparable injury to DIY DIVORCE, in the event of any breach or threatened breach by you of the provisions of this Agreement or any infringement or threatened infringement by you of the intellectual property of DIY DIVORCE or a third-party, DIY DIVORCE shall be entitled to seek a temporary restraining order and preliminary and permanent injunctions or other equitable relief from a court of competent jurisdiction located in Pinellas County, Florida restraining such breach, threatened breach, infringement, or threatened infringement. Nothing in this Agreement shall be construed as prohibiting DIY DIVORCE from pursuing in court any other remedies available to it for such breach, threatened breach, infringement, or threatened infringement, including the recovery of monetary damages from you and your business. You and your business hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, the courts of Pinellas County, Florida for all such claims, and forever waive any challenge to said courts’ exclusive jurisdiction or venue.

INDEMNIFICATION

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless DIY DIVORCE, its directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorneys’ fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, or attempt to use the Website, software, products, or services, (2) information you submit or transmit through the Website, (3) your breach of these Terms, the documents they incorporate by reference, the Agreement, or the representations and warranties provided by you in this Agreement, or (4) your violation of any law or the rights of a third-party.

THIRD-PARTY LINKS

The Website may contain links to other websites. DIY DIVORCE assumes no responsibility for the content or functionality of any non-DIYDIVORCE website to which we provide a link. Please see our Privacy Statement for more details.

NO WAIVER

No failure or delay on the part of DIY DIVORCE in exercising any right, power or remedy under this Agreement may operate as a waiver, nor may any single or partial exercise of any such right, power, or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, power, or remedy under this Agreement. A waiver of any right or obligation under this Agreement shall only be effective if in writing and signed by DIY DIVORCE.

GOVERNING LAW AND VENUE

This Agreement and any issue or dispute arising out of or otherwise related to this Agreement or your access to or use of the Website, our Privacy Statement, or any matter concerning DIY DIVORCE, including your purchase and use or attempted use of any service or product, shall be governed exclusively by the laws of State of Florida without regard to its conflicts of laws principles. To the extent that any claim or dispute is found by the arbitrator or (if proper) a court of competent jurisdiction to be excluded from the arbitration agreement section above, the parties agree any such claim or dispute shall be exclusively brought in and decided by the state or federal courts located in Pinellas County, Florida, and you hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, such courts, and forever waive any challenge to said courts’ exclusive jurisdiction or venue or inconvenient forum. All such claims must be brought on an individual and non-class, non-representative basis, and you forever waive any right to bring such claims on a class wide or representative basis.

FORCE MAJEURE

DIY DIVORCE will not be responsible to you for any delay, damage, or failure caused or occasioned by any act of nature or other causes beyond our reasonable control.

ASSIGNMENT

DIY DIVORCE may assign its rights under this Agreement at any time, without notice to you. Your rights arising under this Agreement cannot be assigned without DIY DIVORCE (or its assigns’) express written consent.

ELECTRONIC SIGNATURE

All information communicated on the Website is considered an electronic communication. When you communicate with DIY DIVORCE through or on the Website or via other forms of electronic media, such as e-mail, you are communicating with the company electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

YOUR ADDITIONAL REPRESENTATIONS AND WARRANTIES

You hereby further represent and warrant: (1) that you are at least eighteen (18) years of age, or the legal age of majority in your jurisdiction, whichever is greater; (2) that you own, operate, and/or have the right to bind the business for which you are using the Website; (3) have read this Agreement and thoroughly understand and agree to the terms contained in this Agreement; and (4) that you will not resell, re-distribute, or export any product or service that you order from the Website. You further represent that DIY DIVORCE has the right to rely upon all information provided to DIY DIVORCE by you, and DIY DIVORCE may contact you, your business, and any subaccounts you create by email, telephone, or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) satisfaction surveys, and (iii) inquiries about any orders you placed, or considered placing, on or through the Website.

You further represent and warrant that there are no prior or pending government investigations or inquiries of, or prosecutions against you, or any business related to you, by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority, anywhere in the world, nor any prior or pending private lawsuits against you. If at any time during the life of the Agreement you, or any business related to you, becomes the subject of a government investigation, inquiry, or prosecution by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority anywhere in the world, or the subject of any lawsuit, you will notify DIY DIVORCE of the same within twenty-four (24) hours. DIY DIVORCE, at its sole discretion, may terminate the Agreement based on any investigation, proceeding, or lawsuit identified pursuant to this paragraph or otherwise discovered by DIY DIVORCE without incurring any obligation or liability to you.

SEVERABILITY

If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of the Agreement.

COMPLETE AGREEMENT

These Terms, the Privacy Statement, and any policies or operating rules posted by us on the Website or in respect to the Website constitutes the entire agreement and understanding between you and your business and DIY DIVORCE and governs your access to and use of the Website and your ordering, purchasing, and use and/or attempted use of any service or product, and supersedes and replaces any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written, between you and DIY DIVORCE. We may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall also be subject to this Agreement, and any policies or operating rules posted by us on the Website. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party. When translations of these Terms are provided to You, they are only provided for convenience and the English language translation of these Terms shall govern.

CONTACT INFORMATION

If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at: DIY DIVORCE P.O. Box 1144, Tarpon Springs, FL 34688 US support@diydivorce.com.
​