2. LIMITED PURPOSE
DIVORCEWRITER IS NOT A LAW FIRM, AND THE EMPLOYEES OF DIVORCEWRITER MAY NOT AND ARE NOT ACTING AS YOUR ATTORNEY.
DIVORCEWRITER DOES NOT PROVIDE LEGAL ADVICE AND IS NOT A SUBSTITUTE FOR THE ADVICE OF AN ATTORNEY. YOU ARE PROHIBITED FROM USING, RELYING UPON OR CONSTRUING ANY OF THE INFORMATION CONTAINED ON THE WEBSITE AS LEGAL ADVICE. YOU MUST CONTACT AN ATTORNEY IN YOUR JURISDICTION IF YOU SEEK LEGAL ADVICE IN ANY FORM OR FOR ANY PURPOSE.
DivorceWriter provides a document self-preparation product for individuals who choose to prepare their own legal documents for use in various capacities including, but not limited to, estate planning. This website does not provide legal services and is not a document preparation service. DivorceWriter is not a lawyer or law firm, and your use of DivorceWriter does not create an attorney-client relationship or privilege. DivorceWriter uses the responses and answers provided by the user in an online interview to automatically generate a set of forms. The documents the user prepares using DivorceWriter are then shipped to the user with general instructions on the filing process. At no time do we review the answers and responses provided by the user in the online interview for legal sufficiency, nor do we draw legal conclusions, provide advice, or apply the law to the facts of the user's particular situation. Instead, you are and will be representing yourself in any legal matter you undertake relating to your use of DivorceWriter. You are solely responsible for your own responses, selections and actions and for independently determining whether the documents and filing instructions provided by DivorceWriter comply with the laws, regulations and rules of your applicable jurisdiction.
DivorceWriter may include legal information or general statements of the law for informational purposes only. Legal information by itself is often insufficient to resolve legal problems and may not apply to the userís individual circumstances. The requirements for preparing a proper legal document vary depending on local, state and federal laws, regulations, and the courtís interpretation in the userís jurisdiction. We cannot guarantee that all of the information provided by DivorceWriter is completely current or correct. Because of changes in the law, variations between and within jurisdictions, and different interpretations of the law, you are urged to consult a licensed attorney in his or her state if you require legal advice or if you have any questions concerning the applicability of the DivorceWriter product to your particular circumstances.
When you establish an account to access DivorceWriter, you agree to provide complete and accurate information and to promptly notify us of any changes to such information. You agree not to mask your identity in any way, including without limitation, IP masking by accessing DivorceWriter over any type of Proxy Server, through IP masking software or the like. You will also be asked to establish a user name and password. You are solely responsible for all actions taken using your user name and password. You agree to keep your password confidential and not to permit any other person to use your user name or password. You shall immediately report to us any unauthorized use of your account, user name or password. We will not be liable for any losses you suffer as a result of someone else’s use of your account or password, either with or without your knowledge.
Immediately prior to purchase, your requested purchase(s) will always reflect the most recent price displayed on the item's product detail page. Please note that this price may differ from the price shown for the item when you first selected the item.
The prices and availability of products from DivorceWriter may change without notice to you at any time, in our sole discretion. We have the right to refuse or cancel any orders placed for a product listed at an incorrect price. We also may refuse or cancel any order even if the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your credit card account in the amount of the charge.
5. PROPRIETARY INFORMATION
The material and content accessible from and through DivorceWriter is our proprietary information or the proprietary information of the party that provided the content to us. All trademarks, service marks, and logos appearing in DivorceWriter are our property or the property of the party that provided us the trademarks, service marks, and logos. Any modifications of the content or use of the content for any use other than your personal use is strictly prohibited and violates our intellectual property rights. We reserve all rights with respect to the ownership and use of DivorceWriter.
When accessing DivorceWriter or using the associated Services, you shall not infringe or encroach upon our or any third party’s proprietary or intellectual property rights, including, without limitation, patents, trademarks, copyrights, rights of privacy or publicity or trade secrets. You are prohibited from copying, distributing, republishing, uploading, posting, selling or transmitting any of DivorceWriter’s documents, materials or content in any way except to use DivorceWriter for your authorized use. You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the content. Neither title nor intellectual property rights are transferred to you as a result of your use of DivorceWriter.
All contents of the DivorceWriter website are Copyright © 2013 Pro Se Planning, Inc. and/or its suppliers, affiliates and partners. All rights reserved.
DivorceWriter™ is the trademark of Pro Se Planning, Inc. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
6. PERSONAL USE
You may access DivorceWriter and use the associated Services for personal use only. You are prohibited from using DivorceWriter for any commercial purpose or gain. If we learn that you are using DivorceWriter for a commercial purpose or gain, you agree that our harm cannot be adequately addressed by damages alone and consent to an injunction, both preliminary and permanent. You agree not to engage in any conduct that injures or may injure the business, reputation or goodwill of DivorceWriter. You are also prohibited from using DivorceWriter for fraudulent or otherwise illegal purposes. If you learn that any user is using DivorceWriter for fraudulent or otherwise illegal purposes, you will immediately notify us in writing.
The resale or distribution of DivorceWriter’s forms is strictly prohibited.
By using DivorceWriter, you represent that you are physically located in a U.S. state, or a jurisdiction located outside the United States, in which your use of DivorceWriter is not prohibited by the laws of that state or jurisdiction. You understand that we may monitor your Internet access location, but have no obligation to do so, and may block use or restrict access from a jurisdiction in which use of DivorceWriter is illegal or restricted.
7. THIRD PARTY CONTENT
8. INFORMATION OR CONTENT THAT YOU PROVIDE
Except with respect to personally identifying information, you hereby grant to DivorceWriter a royalty-free, unrestricted, worldwide, non-exclusive and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, perform, sell and distribute all content, remarks, suggestions, ideas, graphics, or other information that you send, submit, publish, transmit, communicate, provide or otherwise transfer to DivorceWriter, (the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. DivorceWriter will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future DivorceWriter operations.
9. ACCOUNT TERMINATION
DivorceWriter expressly reserves the right to terminate your account (including your user name and password) and any other agreements you may have with DivorceWriter at any time and to refuse service to anyone.
You may terminate your own account by sending a written request or e-mail to DivorceWriter at the following address:
Your request for termination must include your user name, the e-mail address associated with the account, the invoice number and any other identifying information requested by DivorceWriter to assist DivorceWriter’s customer service in locating your account. DivorceWriter will terminate the account by terminating your access to the account and removing your personal identifying information and has no obligation to retain your account information after your account is terminated. Please note that DivorceWriter may retain information of a general demographic nature such as your gender and state of residence. In addition, transactional information such as the invoice number, amount of the transaction, and credit card authorization number will be maintained as part of DivorceWriter’s business records.
10. NO WARRANTY
YOUR USE OF DIVORCEWRITER AND ALL SERVICES IS AT YOUR OWN RISK. DIVORCEWRITER IS PROVIDED ON AN "AS IS,” "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. DIVORCEWRITER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
DIVORCEWRITER MAKES NO WARRANTY THAT: (A) THE WEBSITE, SERVICES OR MATERIALS PRODUCED FROM USE OF DIVORCEWRITER ARE SUITABLE FOR YOUR INTENDED PURPOSES, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS, (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, SERVICES OR ANY MATERIALS OFFERED THROUGH DIVORCEWRITER OR INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH DIVORCEWRITER WILL BE ACCURATE, RELIABLE OR SATISFACTORY TO THE USER AND (C) THE WEBSITE OR SERVICE THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
DIVORCEWRITER MAY MAKE CHANGES OR IMPROVEMENTS TO ITS MATERIALS AND WEBSITE AT ANY TIME.
YOU, AND NOT DIVORCEWRITER, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO YOUR COMPUTER IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE WEBSITE OR ITS CONTENT.
11. DISPUTE RESOLUTION BY BINDING ARBITRATION
PLEASE NOTE THAT THIS AGREEMENT PROVIDES FOR THE MANDATORY ARBITRATION OF DISPUTES AND INCLUDES A WAIVER OF THE RIGHT TO A JURY TRIAL AND CLASS ACTION WAIVER, AS SET FORTH BELOW.
Most user issues can be resolved informally by contacting DivorceWriter customer service by e-mail at info@DivorceWriter.com. However, if you have a dispute with DivorceWriter, and you are unable to resolve the dispute informally, you and DivorceWriter agree that upon demand by either you or DivorceWriter, the dispute will be resolved through binding arbitration. A “dispute” is any unresolved disagreement between you and DivorceWriter, regardless of when the claim arose, and includes claims based on contracts, torts, statutes, regulations, common law, and equitable claims. All statutes of limitation applicable to any dispute shall apply in any arbitration between you and DivorceWriter.
Each arbitration, including the selection of the arbitrator, will be administered by the American Arbitration Association (the “AAA”) according to its Commercial Arbitration Rules and the Supplementary Procedure for Consumer-Related Disputes (together, the “AAA Rules”). The AAA Rules are available online at www.adr.org, or by calling the AAA at 1-800-778-7879. In the event of any inconsistency between the AAA Rules and this arbitration provision, this arbitration provision shall control. Either party may demand arbitration of a dispute at any time, regardless of whether a lawsuit or other proceeding has previously been commenced. Either party may demand arbitration by completing the form for Consumer-Related Disputes provided for that purpose, and following the instructions on the form. The form is available on the AAA’s website, www.adr.org, or by calling AAA Case Filing Services at 1-877-495-4185. You should attach a copy of this arbitration provision, which will remain available online. If you demand arbitration, you must send a copy of the form or other demand, by U.S. Certified Mail or other overnight, traceable courier, addressed to: DivorceWriter, 800 Fifth Ave. Suite 101, Seattle, Washington 98104. If DivorceWriter demands arbitration, you will be sent a copy of the form or other demand, by U.S. Certified Mail or other overnight, traceable courier at the most current postal address that DivorceWriter has for you in its records. Except as otherwise provided by applicable law, each party will remain solely responsible for their own attorneys’ fees and expenses incurred in connection with the arbitration.
You and DivorceWriter agree that: (1) the parties are participating in transactions affecting interstate commerce; (2) this arbitration provision and any resulting arbitration are governed by the Federal Arbitration Act (Title 9 of the United States Code); (3) the arbitrator shall decide any dispute regarding the interpretation, application, or enforceability of this arbitration provision; (4) neither party will disclose, to any third party, any information obtained from the other party in the arbitration proceeding, except as required by applicable law; and (5) neither party will be entitled to rely on any arbitration award, finding of fact, or conclusion of law issued in any other arbitration proceeding involving only one of the parties. This arbitration provision shall survive the termination of any other contract between you and DivorceWriter.
12. LIMITATION OF LIABILITY
BY USING THIS SITE, YOU AGREE, ON BEHALF OF YOURSELF, YOUR ESTATE, YOUR HEIRS AND ASSIGNS, TO RELEASE AND HOLD HARMLESS DIVORCEWRITER, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SUBCONTRACTORS, AGENTS, SUCCESSORS, OR ASSIGNS FROM ALL LIABILITY RESULTING FROM, OR ARISING IN CONNECTION WITH YOUR USE OF THE DIVORCEWRITER WEBSITE, ITS CONTENT OR THE DIVORCEWRITER SERVICES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
UNDER NO CIRCUMSTANCE SHALL DIVORCEWRITER, ITS AFFILIATES, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS BE LIABLE FOR ANY INJURY OR DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY INCIDENTAL, DIRECT, PUNITIVE, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE AND SERVICES, EVEN IF DIVORCEWRITER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Applicable law may not allow for the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above limitations may not apply to you. Therefore, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF DIVORCEWRITER AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO DIVORCEWRITER FOR THE APPLICABLE MATERIALS OR SERVICES OUT OF WHICH LIABILITY AROSE. ANY LEGAL ACTION AGAINST DIVORCEWRITER MUST BE BROUGHT IN KING COUNTY, WASHINGTON, WITHIN ONE YEAR AFTER THE CLAIM AROSE OR IT IS FOREVER BARRED.
14. COPYRIGHT AND INTELLECTUAL PROPERTY POLICY
DivorceWriter takes all concerns related to intellectual property seriously and it is DivorceWriter’s policy, at its discretion and in appropriate circumstances, to cancel, disable or terminate any user’s account if the user has infringed or appears to infringe on the intellectual property rights of others or has otherwise violated any intellectual property laws or regulations.
If you believe that any material on this website infringes a copyright, or any valid intellectual property right and want DivorceWriter to edit, delete or disable the material in question, you must provide the following information to DivorceWriter’s DMCA Agent in writing:
Please provide this information to DivorceWriter’s DMCA Agent at the following address:
Due to security concerns, attachments cannot be accepted on notices sent via e-mail. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.
15. INAPPROPRIATE CONTENT
Minors are not eligible to use DivorceWriter and we ask that they do not submit any personal information to us.
17. GOVERNING LAWS
DivorceWriter exists solely within the King County in the State of Washington. You agree that regardless of where you reside or where your browser is physically located, your viewing of DivorceWriter occurs solely within King County in the State of Washington and that all content and Services shall be deemed to be served from and performed wholly within, King County, Washington, as if you had physically traveled there to obtain such service.
DivorceWriter reserves the right to amend this agreement at any time without notice. It is therefore important to review this document any time you use DivorceWriter.