1. I understand and agree that Online Divorce Technology LLC is not a law firm or an attorney, may not perform services performed by an attorney, and is not the substitute for the advice of an attorney. Rather, I am representing myself in this legal matter. No attorney-client relationship or privilege is created with Online Divorce Technology LLC.
2. If, prior to my purchase, I believe that Online Divorce Technology LLC gave me any legal advice, opinion or recommendation about my legal rights, remedies, defenses, options, selection of forms or strategies, I will not proceed with this purchase, and any purchase that I do make will be null and void.
4. I understand that the Online Divorce Technology LLC review of my answers is limited to completeness, spelling, and for internal consistency of names, addresses, and the like. i will read the final document(s) before signing it and agree to be solely responsible for the final document(s).
5. Limitation of Liability and Indemnification. Except as prohibited by law, i will hold Online Divorce Technology LLC 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 me of any federal, state, or local laws, statutes, rules, or regulations, even if Online Divorce Technology LLC has been previously advised of the possibility of such damage. except as prohibited by law, if there is liability found on the part of Online Divorce Technology LLC, 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 me.
7. Additional Terms. I understand that my purchase may be subject to additional terms and conditions.
8. Abandoned Orders. My purchase allows me to create my own legal documents. I understand that, other than as required by applicable law, I shall have no right to cancel, request a cash refund or obtain store credit for any undelivered order after 120 days have elapsed from the purchase date unless Online Divorce Technology LLC is at fault. All itemization of fees are displayed for convenience only. Delivered orders shall be governed by the Online Divorce Technology LLC Satisfaction Guarantee. Both parties acknowledge that Online Divorce Technology LLC is out of pocket time and money for undertaking the work and both parties fully intend to complete the order. Abandoned orders will result in liquidated damages equal to the amount paid to Online Divorce Technology LLC for reimbursement of our commitment to service this order.
9. Exchanges. I understand that I may request an exchange of one product for a different product and complete a replacement order within 60 days of my purchase. The purchase price of the original item, less any fees, taxes or other third-party costs, will be credited to my Online Divorce Technology LLC account. Any price difference between the original order and the replacement order or, if a replacement order is not completed within 60 days of purchase, the full original purchase price (in each case less any filing fees, taxes or other third-party costs) will be credited to my original form of payment. If I paid for my original order by check, I understand that Online Divorce Technology LLC will mail a check for the applicable amount to my billing address.
10. Suspended Accounts. If Online Divorce Technology LLC encounters evidence of suspicious activity in connection with my account, including, but not limited to, evidence that my account is being used by someone who is not authorized to do so, I acknowledge that Online Divorce Technology LLC, in its sole discretion, may opt to temporarily disable my account for a reasonable amount of time in order to investigate. In the event that Online Divorce Technology LLC disables my account, I understand that, absent a subpoena or court order, no information about my account will be provided to anyone outside Online Divorce Technology LLC, including me or any authorized contact, until the investigation is complete. Additionally, I understand that Online Divorce Technology LLC, in its sole discretion, may decide not to send any documents associated with my account to me or file any such documents with any government authority, while my account is disabled. I acknowledge that Online Divorce Technology LLC will not be liable for any delays caused by these policies and procedures.
11. DISPUTE RESOLUTION BY BINDING ARBITRATION.
Please read this carefully. It affects your rights.
Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our Customer Care Center at 1 866 927-1400. In the unlikely event that the Online Divorce Technology LLC Customer Care Center is unable to resolve your complaint to your satisfaction (or if Online Divorce Technology LLC has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or in small claims court rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. While in some instances, upfront costs to file an arbitration claim may exceed similar costs to bring a case in court, for any non-frivolous claim that does not exceed $75,000, Online Divorce Technology LLC will pay all costs of the arbitration. Moreover, in arbitration you may recover attorney's fees from Online Divorce Technology LLC to the same extent or more as you would in court.
Under certain circumstances (as explained below), Online Divorce Technology LLC will pay you more than the amount of the arbitrator's award and will pay your attorney (if any) his or her reasonable attorney's fees if the arbitrator awards you an amount greater than what Online Divorce Technology LLC offered you to settle the dispute.
You may speak with independent counsel before using this Site or completing any purchase.
(a) Online Divorce Technology LLC and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to:
- claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory;
- claims that arose before these or any prior Terms (including, but not limited to, claims relating to advertising);
- claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
- claims that may arise after the termination of these Terms.
For the purposes of this Arbitration Agreement, references to "Online Divorce Technology LLC," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us.
Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and Online Divorce Technology LLC are each waiving the right to a trial by jury or to participate in a class action. These Terms evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms.
(b) A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute ("Notice") to the other party. A Notice to Online Divorce Technology LLC should be addressed to: Notice of Dispute, General Counsel, Online Divorce Technology LLC, Online Divorce Technology LLC 8 The Green Suite #7129 Dover, DE 19901 (the "Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought ("Demand"). If Online Divorce Technology LLC and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Online Divorce Technology LLC may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Online Divorce Technology LLC or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Online Divorce Technology LLC is entitled.
You may download or copy a form Notice from http://www.onlinedivorce.com/arbitration-forms.pdf.
You may download or copy a form to initiate arbitration from the AAA website at https://www.adr.org/aaa/faces/services/fileacase/forms
(c) After Online Divorce Technology LLC receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than $75,000. (Currently, the filing fee for consumer-initiated arbitrations is $200, but this is subject to change by the arbitration provider. If you are unable to pay this fee, Online Divorce Technology LLC will pay it directly after receiving a written request at the Notice Address.) The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules") of the American Arbitration Association (the "AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. (You may obtain information about the arbitration process directed to non-lawyers, including information about providing notice to Online Divorce Technology LLC, at http://www.onlinedivorce.com/arbitration-information.pdf.) The arbitrator is bound by these Terms. All issues are for the arbitrator to decide, except that issues relating to the scope, enforceability, and interpretation of the arbitration provision and the scope, enforceability, and interpretation of paragraph (f) are for the court to decide. Unless Online Divorce Technology LLC and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your contact address. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If you choose to proceed either in person or by telephone, we may choose to respond only by telephone or submission. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right to a hearing. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings of fact and conclusions of law on which the award is based. The parties agree that in any arbitration of a dispute or claim, neither party will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which Online Divorce Technology LLC was a party. Except as otherwise provided for herein, Online Divorce Technology LLC will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse Online Divorce Technology LLC for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek relief valued at more than $75,000 (excluding attorney’s fees and expenses), the payment of these fees will be governed by the AAA rules.
(d) If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of Online Divorce Technology LLC's LLC last written settlement offer made before an arbitrator was selected, then Online Divorce Technology LLC will:
- pay you either the amount of the award or $2,000 ("the alternative payment"), whichever is greater; and
- pay your attorney, if any, the amount of attorney's fees, and reimburse any expenses (including expert witness fees and costs), that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration (the "attorney's payment").
If Online Divorce Technology LLC did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney's fees, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney's fees at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits. In assessing whether an award that includes attorney’s fees or expenses is greater than the value of Online Divorce Technology LLC’s last written settlement offer, the arbitrator shall include in his or her calculations only the value of any attorney’s fees or expenses you reasonably incurred before Online Divorce Technology LLC’s settlement offer.
(e) The right to attorney's fees and expenses discussed in paragraph (d) supplements any right to attorney's fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorney's fees or costs. Although under some laws Online Divorce Technology LLC may have a right to an award of attorney's fees and expenses if it prevails in an arbitration proceeding, Online Divorce Technology LLC will not seek such an award.
(f) The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND Online Divorce Technology LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. Further, unless both you and Online Divorce Technology LLC agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other customers. Neither you nor we may seek non-individualized relief that would affect other customers. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
(g) If the amount in dispute exceeds $75,000 or either party seeks any form of injunctive relief, either party may appeal the award to a three-arbitrator panel administered by AAA by a written notice of appeal within thirty (30) days from the date of entry of the written arbitration award. An award of injunctive relief shall be stayed during any such appeal. The members of the three-arbitrator panel will be selected according to AAA rules. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, subject to any right of judicial review that exists under the FAA.
(h) Notwithstanding any provision in the applicable Terms to the contrary, we agree that if we make any future change to this arbitration provision (other than a change to any notice address, website link or telephone number provided herein), that change will not apply to any dispute of which we had written notice on the effective date of the change. Moreover, if we seek to terminate this arbitration provision, any such termination will not be effective until at least thirty (30) days after written notice of such termination is provided to you, and shall not be effective as to disputes which arose prior to the date of termination.
Online Divorce Technology LLC makes service available for the full use of the Services (each, a "Full Product, state form preparation and related forms and associated support") to new customers who provide a valid payment instrument, such as a credit card or other payment method. If you choose to start the process, you will automatically join and pay for full services, completed forms and related customer care. If you wish to use additional Services beyond those included one month access, you may be asked to separately purchase those. Please visit our Pricing for additional details on our available monthly payment options should you require additional access to our services and support or request document storage.
To ensure uninterrupted service and to enable you to conveniently purchase additional products and services, Online Divorce Technology LLC will store and update (e.g. upon expiration) your payment method on file. If we are unable to charge your designated payment method for any reason, we reserve the right to automatically suspend your paid membership until your designated payment method can be charged again. Please note that it is your responsibility to maintain current credit card information on file with Online Divorce Technology LLC. You may cancel extended service fees at anytime by calling 1 866 927-1400 and pressing 1 for support.
(a) Qualification. The Online Divorce Technology LLC Installment Plan (the "Installment Plan") is available as a purchase option for certain Online Divorce Technology LLC products priced at $200 or more.
(b) Billing. By opting into the Installment Plan, I am agreeing to make an initial payment (the "Initial Installment Payment") immediately when I place my order. I hereby authorize Online Divorce Technology LLC to charge my credit card for additional installments on approximately, but not before, the first and second month anniversaries (each an "Installment Billing Date") of the Initial Installment Payment or on the dates arranged with my authorization upon making my first payment. If my purchase date is on the 29th through 31st day of any month, an Installment Billing Date for months with fewer days will fall on the last day of the month. Each payment will be of the same amount, except that if the total purchase price does not divide evenly into three parts, my final installment payment will include all outstanding amounts. I understand that I may pay my outstanding balance at any time without incurring additional charges.
(c) Default. If my credit card is declined, I agree that Online Divorce Technology LLC may make up to five attempts to bill that card over a 30 day period. If I remain in default on the second payment when the third payment is due, I authorize Online Divorce Technology LLC to charge both the second and third payment amounts to my credit card. If three attempts to charge my card are unsuccessful and my account balance remains unpaid, I understand that Online Divorce Technology LLC may report information about my account to credit bureaus, and that late payments, missed payments, and other defaults may be reflected in my credit report. I understand that Online Divorce Technology LLC may restrict my ability to purchase other Online Divorce Technology LLC products if I am delinquent on any payment. I understand that Online Divorce Technology LLC may make efforts to collect a delinquent payment. I understand that if I believe Online Divorce Technology LLC has reported inaccurate information to a consumer reporting agency, I may call the Online Divorce Technology LLC Customer Care Center at 1 866 927-1400 and Online Divorce Technology LLC will investigate the matter. I understand that Online Divorce Technology LLC may accept late or partial payments, as well as payments that reflect "paid in full" or other restrictive endorsements, without limiting any of its rights under these Terms of Service.
(d) Store Credit. I understand that if I have a Online Divorce Technology LLC store credit, the amount of that store credit will be deducted from my total purchase price before installment payment amounts are calculated. Store credit will not count against the $200 minimum purchase price per product. If I want to apply a store credit issued after my enrollment in the Installment Plan, I may do so by calling the Online Divorce Technology LLC Customer Care Center at 1 866 927-1400.
(e) Notice of Automatic Billing. Online Divorce Technology LLC may send a reminder email to the email address of record for my account before my Installment Billing Dates. I acknowledge and agree that this notice is provided as a courtesy only, and Online Divorce Technology LLC is not obligated or required to provide such notice. I acknowledge and agree that (i) my failure to read, (ii) my inability to receive, or (iii) the failure of Online Divorce Technology LLC to send the email does not create any liability on the part of Online Divorce Technology LLC or any third-party service provider.
(f) Disputed Charges. I understand that if I dispute a charge to my credit card, I should call the Online Divorce Technology LLC Customer Care Center immediately at 1 866 927-1400 and Online Divorce Technology LLC will investigate the matter.
(g) Account Information. I agree to notify Online Divorce Technology LLC immediately of any changes to my credit card number, its expiration date, and/or my billing address, or if my credit card expires or is cancelled for any reason. I understand that if my failure to provide Online Divorce Technology LLC with accurate, complete, and current information results in delinquent payments, Online Divorce Technology LLC may restrict my ability to purchase other Online Divorce Technology LLC products, report information about this delinquency to credit bureaus, and/or pursue further collection efforts.
12. Shipping. I understand that Online Divorce Technology LLC uses a variety of carriers for each shipping option and will choose a delivery method for the shipping option and address I designate. If I select overnight delivery or two-day delivery, I agree that Online Divorce Technology LLC may use air or ground shipping as necessary to get my items to me within the promised time frame. The shipping fee indicated does not necessarily represent the actual amount paid by Online Divorce Technology LLC to the carrier chosen for the delivery of my order. It may include, in addition to the fees paid to the carrier, Online Divorce Technology LLC or third party handling and processing fees.
13. Access to World Wide Web; Internet Delays. To use Online Divorce Technology LLC services, I must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. I am responsible for providing all equipment necessary to make such connection to the World Wide Web, including a computer and Internet access. Access to certain Online Divorce Technology LLC services may be limited or delayed based on problems inherent in the use of Internet and electronic communications. I understand that Online Divorce Technology LLC is not responsible for delays, delivery failures, or other damage resulting from such problems.
14. Thirty Day Open Usage, Auto-Renewals and Paid Accounts. Online Divorce Technology LLC makes available thirty day open account usage to new customers who provide a valid payment instrument, such as a credit card or other payment method. If you choose to start your case, you will automatically join the paid membership you have chosen at the end of the usage period and you authorize Online Divorce Technology LLC to charge your payment method a recurring monthly membership fee or annual membership fee, as applicable.
Online Divorce Technology LLC may automatically charge you at the end of the thirty day usage period for a membership renewal unless you notify us that you want to cancel or downgrade your membership. You can downgrade an auto-renewing paid membership to a paid account at any time.
To ensure uninterrupted service and to enable you to conveniently purchase additional products and services, Online Divorce Technology LLC will store and update (e.g. upon expiration) your payment method on file. If we are unable to charge your designated payment method for any reason, we reserve the right to automatically downgrade your paid plan to a lower-priced plan or to suspend your paid membership until your designated payment method can be charged again. Please note that it is your responsibility to maintain current credit card information on file with Online Divorce Technology LLC.
15. Force Majeure. Online Divorce Technology LLC shall not be considered in breach of or default under these Terms of Service or any contract with me, and shall not be liable to me for any cessation, interruption, or delay in the performance of its obligations hereunder by reason of earthquake, flood, fire, storm, lightning, drought, landslide, hurricane, cyclone, typhoon, tornado, natural disaster, act of God or the public enemy, epidemic, famine or plague, action of a court or public authority, change in law, explosion, war, terrorism, armed conflict, labor strike, lockout, boycott or similar event beyond our reasonable control, whether foreseen or unforeseen (each a "Force Majeure Event"). If a Force Majeure Event continues for more than 60 days in the aggregate, Online Divorce Technology LLC may immediately terminate these Terms of Service and shall have no liability to me for or as a result of any such termination.
16. Right to refuse. I acknowledge that Online Divorce Technology LLC reserves the right to refuse service to anyone.
17. I acknowledge that Online Divorce Technology LLC is not a registered or bonded legal document assistant under California Business and Profession Code, sections 6400 et seq.
18. I acknowledge that I have had the opportunity to view sample templates of Online Divorce Technology LLC documents and may call Online Divorce Technology LLC Customer Care at 1 866 927-1400 with questions or for assistance locating sample templates.
19. By proceeding with my purchase, I agree to these Terms of Service.