UNTYING THE KNOT TERMS OF USE AGREEMENT
I. INTRODUCTION TO TERMS OF USE
1. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING UNTYING THE KNOT.
2. By creating an account and using the website materials, you agree to, and acknowledge that you understand, the terms and conditions set forth below.
3. By using the Untying The Knot website (www.youronlinedivorcecoach.com) and any tools hosted on the website, its content, or any associated materials or services (“Services”) made available through this website (collectively, “UTK”), you agree to follow and be bound by these terms of use (“Terms of Use”) and agree to comply with all applicable laws and regulations. You acknowledge and agree that your failure to abide by these Terms of Use constitutes a breach of this Agreement for which you may be held liable.
4. In the event of a discrepancy between these Terms of Use and the Privacy Policy, these Terms of Use shall control.
5. If you do not agree with these terms of use and do not wish to be bound by these terms of use, do not use UTK.
6. By using UTK you agree that you are at least 18 years of age, are legally able to enter into a contract and agree to these terms of use.
II. LIMITED PURPOSE OF WEBSITE: LEGAL INFORMATION
1. UTK is not a law firm, and the employees of UTK are not acting as your attorney.
2. UTK does not give out legal advice.
3. UTK does not provide legal advice and is not a substitute for the advice of an attorney. The material on the UTK website is for information purposes only. You may not use or rely upon any of the information contained on the website as legal advice. You should contact a licensed attorney in your jurisdiction if you wish to obtain legal advice in any form for any purpose.
4. Because of unanticipated changes in governing statutes and case law, variations between and within jurisdictions, and different interpretations of the law, you are urged to consult a licensed attorney in your state if you require legal advice or if you have any questions concerning your particular circumstances.
5. UTK is a legal information website for individuals who choose to educate themselves and prepare their own legal documents for use in various capacities including, but not limited to, divorce. This website does not provide legal services and is not a document preparation service.
6. UTK is not a law firm, and your use of UTK does not create an attorney-client relationship. If you need or desire legal representation, or have complex legal issue that cannot be resolved on your own, you should hire a qualified attorney.
7. When you utilize the UTK website, you acknowledge and agree that it does not address all issues, topics, or facts that may be relevant to your situation.
8. UTK provides legal information and general statements of the law and legal principles for informational purposes only. Legal information by itself is often insufficient or inadequate to resolve legal problems or legal issues and may not apply to the user’s individual circumstances. The requirements for preparing a proper legal document vary depending on state laws, local rules, regulations, and the court’s interpretation in the user’s jurisdiction. UTK cannot guarantee that all of the information provided by UTK is completely current or correct, and therefore UTK is not and shall not be responsible or liable for errors or omissions in such content.
9. You bear the burden for your own answers, choices, and action plans.
III. PRIVACY POLICY
1. When you establish an account to access UTK, you agree to provide complete and accurate information. You agree not to mask your identity in any way, including without limitation, IP masking by accessing UTK over any type of Proxy Server, through IP masking software or the like.
2. You will need to establish a UTK user name and password. You are solely responsible for all actions taken using your UTK 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 UTK any unauthorized use of your account, user name or password. UTK will not be liable or responsible for any losses you suffer as a result of someone else’s use of your account or password, either with or without your knowledge.
3. UTK will not sell, rent or lease your personally identifiable information. UTK respects your privacy. UTK does reserve the right to provide relevant account information to resolve fraudulent, unauthorized, or charge disputes to associated credit card companies and/or UTK credit card processors, as well as any related legal matters.
IV. PRICING
1. UTK offers different levels of membership.
2. The prices of memberships from UTK may change without notice to you at any time, at UTK’s sole discretion.
3. UTK has the right to refuse or cancel any orders placed for a membership listed at an incorrect price. UTK also may refuse or cancel any order even if the order has been confirmed and your credit card charged.
4. If your credit card has already been charged for the membership purchase and your order is canceled, UTK will promptly issue a credit to your credit card account in the amount of the charge.
V. UTK PROPRIETARY INFORMATION
1. The material and content accessible from and through UTK is UTK’s proprietary information or the proprietary information of the party that provided the content to UTK. All trademarks, service marks, and logos appearing in UTK are the property of UTK or the property of the party that provided UTK 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 UTK’s intellectual property rights.
2. When accessing UTK or using the associated Services, you shall not infringe or encroach upon UTK’s 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 by this Agreement from copying, distributing, republishing, downloading, uploading, posting, reverse engineering, deciphering, exploiting, selling or transmitting any of UTK’s videos and materials in any way. 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 UTK.
3. You acknowledge that UTK or applicable third parties, as the case may be, own all rights, of any kind or nature, in such videos, software, works and all contents of the UTK website are Copyright © 2013 Craig Candelore, Esq. and/or its suppliers, affiliates and partners. All rights reserved.
VI. PERSONAL USE
1. You warrant that access UTK and use the associated Services are for personal use only.
2. You are prohibited from using UTK for any commercial purpose or gain. You agree and confirm that you will not use UTK for business purposes or benefits. If UTK learns that you are using the UTK website or services for a commercial purpose or gain, you agree that UTK harm cannot be adequately addressed by traditional damages alone and consent to an injunction, both preliminary and permanent, in addition to any other available legal remedies.
3. You agree not to engage in any conduct that injures or may injure the business, reputation or goodwill of UTK.
4. You are also prohibited from using UTK for fraudulent or otherwise illegal purposes. If you learn that any user is using UTK for fraudulent or otherwise illegal purposes, you will immediately notify us in writing.
VII. THIRD PARTY CONTENT AND WEBSITE
1. UTK’s website may contain links and ties to other websites and/or contain features and functionalities, which are not operated or controlled by UTK (“Third Party Content”).
2. Such link or ties to other websites including their content are provided as a service to users.
3. You acknowledge and confirm that information from other third parties websites that are posted on or linked to the UTK website are the obligation and responsibility of the other third party entity from whom it emanated.
4. UTK is not responsible for and disclaims any responsibility for the content, products, and services (including without limitations websites, directories, systems, databases, programs and software products) that constitute Third Party Content.
5. You agree and acknowledge that your interactions, including payment and receipt for goods or services, and any other terms, conditions, warranties or representations associated with Third Party Content are governed by the terms of use and privacy policies for the Third Party Content.
6. UTK makes no representation or warranty as to the accuracy, completeness or authenticity of any Third Party Content, and inclusion of such Third Party Content by UTK shall not be viewed making any such representation or warranty by UTK.
7. Your decision to interface with such other third parties, your decision to pay for goods or services from such third parties, and any other terms pertaining to such dealings, are between you and such other third parties.
8. When you access any other website, you do so at your own risk.
VIII. ACCOUNT TERMINATION
1. UTK expressly reserves the right to terminate your account (including your user name and password) and any other agreements you may have with UTK at any time and to refuse service to anyone.
2. If UTK determines that you have violated this Agreement or improperly utilized the UTK website, your account will be terminated and no refund will be issued.
3. You may terminate your own account by the following actions:
(1) Mailing a written request to UTK at the following address:
Untying The Knot
932 C Street San Diego Ca 92101
(2) Or by sending an email requesting termination of you account to:
Info@youronlinedivorcecoach.com
4. 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 UTK to assist UTK’s customer service in locating your account. UTK will terminate the account by terminating your access to the account and removing your personal identifying information from UTK website. UTK has no obligation to retain your account information after your account is terminated. Please note that UTK may retain information of a general demographic nature such as your gender, state of residence, and zip code. In addition, transactional information such as the invoice number, amount of the transaction, and credit card authorization number will be maintained as part of UTK’s business records.
IX. NO WARRANTY
1. YOUR USE OF THE UTK WEBSITE AND ALL ASSOCIATED SERVICES IS AT YOUR OWN RISK. UTK IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. UTK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
2. UTK MAKES NO WARRANTIES THAT:
a. THE WEBSITE, SERVICES OR MATERIALS PRODUCED FROM USE OF UTK ARE SUITABLE FOR YOUR INTENDED PURPOSES, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNITERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS,
b. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WESITE, SERVICES OR ANY MATERIAL OFFERED THROUGH UTK OR INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH UTK 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 ARMFUL COMPONENTS.
3. UTK MAY MAKE CHANGES OR IMPROVEMENTS TO ITS MATERIAL AND WEBSITE AT ANY TIME.
4. YOU, AND NOT UTK, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO YOUR OR CORRECTION TO YOUR COMPUTER IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE UTK WEBSITE OR ITS CONTENT.
X. DISPUTE RESOLUTION BY BINDING ARBITRATION
1. 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.
2. Most user issues can be resolved informally by contacting UTK customer service by e-mail at info@youronlinedivorcecoach.com. However, if you have a dispute with UTK, and you are unable to resolve the dispute informally, you and UTK agree that upon a written demand by either you or UTK, the dispute will be resolved through binding arbitration; details on how to request arbitration are explained in paragraph 4. A “dispute” is any unresolved disagreement between you and UTK, 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 UTK.
3. You and UTK agree that you are each waiving the right to a jury trial or a trial before a judge in a court. You and UTK further agree that each may bring claims against the other only in an individual capacity, and that neither you nor UTK shall be entitled to join or consolidate claims by or against others in any arbitration, or to include in any arbitration any dispute as a representative or member of a class, or on behalf of the general public, or as a private attorney general. If this limitation is found to be unenforceable, it shall not be severable, and this entire arbitration provision shall be unenforceable. You and UTK agree that the arbitrator may award injunctive relief only in favor of the party seeking relief, and only to the extent necessary to provide relief warranted by that party’s individual claim. In the event of any inconsistency between this arbitration provision and any provision contained in any other applicable disclaimer or privacy policy relating to UTK, this arbitration provision shall control.
4. 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: Untying The Knot, 932 C Street San Diego CA 92101. If UTK 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 UTK 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.
5. You and UTK agree to the following:
a. the parties are participating in transactions affecting interstate commerce;
b. this arbitration provision and any resulting arbitration are governed by the Federal Arbitration Act (Title 9 of the United States Code);
c. the arbitrator shall decide any dispute regarding the interpretation, application, or enforceability of this arbitration provision;
d. 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
e. 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 UTK.
6. You agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state and federal courts jurisdiction of San Diego, California.
XI. LIABILITY
1. BY ENTERING INTO THIS AGREEMENT, YOU AGREE THAT UNDER NO CIRCUMSTANCE SHALL UTK, ITS AFFILIATES, SERVICE PROVIDERS, CONTENT PROVIERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INJURY OR DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY INCIDENTAL, DIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, SPECIAL OR OTHER DAMAGES, NCLUDING ATTORNEY’S AND COSTS, WHETHER IN AN AION BASED ON CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE AND SERVICE, EVEN IF UTK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES INCLUDING, WITHOUT LIMITATION:
a. THE USE OR THE INABILITY TO USE THE INFORMATIONAL CONTENT;
b. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOOD, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE INFORMAITONAL CONTENT;
c. UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA; ANY OTHER MATTER RELATING TO THE INFORMATIONAL CONTENT OF UTK.
2. 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 UTK AND ITS SUBSIDIARIES, AFFLILIATES, LICENSORS, SERVICE 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 UTK FOR THE MEMBERSHIP OUT OF WHICH LIABILITY AROSE.
3. YOU ACKNOWLEDGE AND AGREE THAT ANY LEGAL ACTION AGAINST UTK MUST BE BROUGHT IN SAN DIEGO COUNTY CALIFORNIA WITHIN ONE (1) YEAR AFTER THE CLAIM AROSE OR THE CLAIM IS FOREVER BARRED.
4. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: “ 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.”
XII. INDEMNIFICATION OF UTK
1. By entering into this Agreement, you agree to indemnify, defend and hold UTK, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “UTK Indemnified Parties”) harmless from any injury, including any claim or threatened claim, liability of any kind, sounding in contract, tort or statute, loss, damages, judgments, awards, costs, expenses (including reasonable attorneys’ fees) made by any third party resulting from:
a. any breach of these Terms of Use by you, including any use of content other than as expressly authorized in these Terms of Use;
b. your use of UTK site and material, including any materials downloaded, transmitted or received by you; and
c. any libelous, slanderous, indecent or other statement concerning any person made or republished by you.
XIII. COPYRIGHT AND INTELLECTUAL PROPERTY POLICY
1. UTK recognizes the importance of intellectual property rights and takes all concerns related to intellectual property seriously.
2. It is UTK’s policy, at its sole 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 UTK, or those of others, or has otherwise violated any intellectual property laws or regulations.
3. Notice of Copyright Infringement: If you believe that any material on this website infringes a copyright, or any valid intellectual property right and wish UTK to edit, delete or disable the material in question, you must provide the following information to UTK in writing:
a. A physical or electronic signature that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. 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 on the UTK website;
c. 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 UTK to locate the intellectual property material in question;
d. Information reasonably sufficient to permit UTK to contact the complaining party (individual or entity), such as an address, telephone number, and, if available, an electronic mail address;
e. A written statement that you have a good faith belief that use of the intellectual property material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. A written 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 the exclusive intellectual property right that is allegedly infringed.
4. Please provide this information to UTK’s at the following address:
Untying The Knot
Attention: Copyright Agent 932 C Street
San Diego, CA 92101
5. Due to overriding security concerns, you may not send email notices with attachments. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed, but rather rejected and not handled.
XIV. INAPPROPRIATE CONTENT
1. When accessing UTK or any associated Services, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that include the following:
a. libelous, defamatory, obscene, pornographic, abusive or threatening;
b. advocates, encourages or constitutes conduct that could constitute a criminal offense, gives rise to civil liability or otherwise violates any applicable local, state, national or foreign law or regulation;
c. advertises or otherwise solicits funds or is a solicitation for goods or services.
2. UTK reserves the right to terminate or delete any content it deems inappropriate from its servers. UTK will cooperate fully with any law enforcement officials or agencies in the investigation of these Terms of Use or any applicable laws.
XV. CHILDREN
Minors are prohibited from becoming members of UTK and submiting any personal information to UTK.
XVI. VENUE AND GOVERNING LAWS
1. When you utilize the UTK website, you agree that your access to and utilization of the UTK website is governed by the laws of the State of California.
2. The UTK Terms of Use will be governed and interpreted pursuant to the laws of California, United States of America, notwithstanding any principles of conflicts of law.
3. You specifically consent to personal jurisdiction in California in connection with any dispute between you and UTK arising out of these Terms of Use or pertaining to the subject matter hereof.
4. You agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state and federal courts in San Diego, California.
XVII. WAIVER
No failure on the part of UTK to enforce any part of these Terms of Use and no action on the part of UTK shall constitute a waiver of any of UTK’s rights under these Terms of Use whether for past or future actions on the part of any person, provided, however, that only a specific, written waiver signed by an authorized representative of UTK shall have the legal effect of a waiver.
XVIII. SEVERABILITY
If any provision of these Terms of Use is found to be unlawful, void or unenforceable, then that provision shall be deemed modified or limited only to the extent necessary to bring it within a legal requirement or will be severable from the Terms of Use and shall not affect the validity and enforceability of the Terms of Use.
IXX. AMENDMENTS
1. UTK reserves the right to amend these Terms of Use at any time without notice within its sole discretion.
2. It is therefore your responsibility to review these Terms of Use for any changes any time you use UTK.
XX. RELIANCE AND INDUCMENT
1. If UTK accepts you as a member, UTK are doing so based on all the promises, representations, and warranties you made when you entered into this Agreement.
2. UTK treats all such promises, representations, and warranties you make as a material inducement for UTK to accept you as a member.
