3StepDivorce Negotiation Center Terms of Service
Updated 10/1/2015
The Terms and Conditions of Use are as follows:
By creating an account and/or using 3StepNegotiation ("the software and service"), you agree to, and acknowledge that you understand, the Terms and Conditions of Use set forth below.
IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS OF USE AND DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE, DO NOT USE 3STEPNEGOTIATION. BY USING 3STEPNEGOTIATION YOU AGREE THAT YOU ARE AT LEAST 18 YEARS OF AGE, ARE LEGALLY ABLE TO ENTER INTO A CONTRACT AND AGREE TO THESE TERMS AND CONDITIONS OF USE. THESE TERMS AND CONDITIONS OF USE FORM A BINDING AGREEMENT BETWEEN YOU AND DIVORCE SOURCE, INC. 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.
Divorce Source, Inc. is Not a Law Firm and Does Not Provide Legal Advice
This is a quality nonlawyer self-help divorce solution. The 3StepNegotiation software and service is not a substitute for the advice of a lawyer. Divorce Source, Inc. does not practice law and does not give out legal advice.
Because of the possible unanticipated changes in governing statutes and case law relating to the application of the information contained within this software and service, the authors and creators and any and all persons or entities involved in any way in preparation of the website, application, software and service disclaim all responsibility for the legal effects or consequences of the interpretation of the information and/or documents. Individuals intending to use the website, application, software and service as an information resource and document preparation tool are doing so on their own behalf without representation of a lawyer in a "do it yourself" pro se fashion. Your use of the software and services does not create a lawyer-client relationship between you and Divorce Source, Inc., or between you and any Divorce Source, Inc. employee or representative. Divorce Source, Inc. does not review for accuracy and/or file any document with the court on your behalf.
Disruptions and Account Termination
Divorce Source, Inc. expressly reserves the right to terminate your account (including your user name and password) and any other agreements you may have with Divorce Source, Inc. at any time and to refuse service to anyone.
Online disruptions may prevent the account owner from accessing his or her account.
Account cancellations and deletions will be performed only by our support staff upon request through the support e-mail system inside your account. Cancellation and deletion requests by phone will not be honored. For confirmation and verification purposes, Divorce Source, Inc. reserves the right to contact both spouses prior to an account being canceled or deleted. Once an account is deleted it can no longer be restored and the information can no longer be retrieved.
Disclaimer of Representations and Liability
PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.
YOUR USE OF THE INFORMATIONAL CONTENT PROVIDED BY THIS SERVICE IS AT YOUR SOLE RISK. THE INFORMATIONAL CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DIVORCE SOURCE, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
DIVORCE SOURCE MAKES NO WARRANTY THAT (i) THE INFORMATION CONTENT WILL MEET YOUR REQUIREMENTS, (ii) THE INFORMATIONAL CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE INFORMATIONAL CONTENT WILL BE ACCURATE OR RELIABLE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DIVORCE SOURCE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DIVORCE SOURCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE INFORMATIONAL CONTENT; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE INFORMATIONAL CONTENT; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) ANY OTHER MATTER RELATING TO THE INFORMATIONAL CONTENT.
Privacy
Divorce Source, Inc. will not sell, rent or lease your personally identifiable information. We respect your privacy. Divorce Source, Inc. does reserve the right to provide relevant account information to resolve fraudulent, unauthorized, or charge disputes associated credit card companies and/or our credit card processors as well as any legal related matters.
Dispute Resolution By Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.
Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our Customer Service Department at 1-800-680-9052.
If you have a dispute with Divorce Source, Inc regarding the 3StepNegotiation software and service, and you are unable to resolve the dispute informally, you and Divorce Source, Inc. agree that upon demand by either you or Divorce Source, Inc., the dispute will be resolved through binding arbitration. A "dispute" is any unresolved disagreement between you and Divorce Source, Inc., 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 Divorce Source, Inc..
YOU AND DIVORCE SOURCE, INC. AGREE THAT YOU ARE EACH WAIVING THE RIGHT TO A JURY TRIAL OR A TRIAL BEFORE A JUDGE IN A COURT. You and Divorce Source, Inc. agree that each may bring claims against the other only in an individual capacity, and that neither you nor Divorce Source, Inc. 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; however, this issue shall be properly delegated to the arbitrator as set forth below, it shall not be severable, and this entire arbitration provision shall be unenforceable. You and Divorce Source, Inc. 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 terms of use, license agreement, disclaimer, or privacy policy relating to Divorce Source, Inc or the 3StepNegotiation software and service, this arbitration provision shall be controlling.
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 1-800-778-7979. In the event of any inconsistency between the AAA Rules and this arbitration provision, this arbitration provision shall be controlling. 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, addressed to: Divorce Source, Inc., P.O. Box 1580, Allentown, PA 18105. If Divorce Source, Inc. demands arbitration, you will be sent a copy of the form or other demand, by U.S. Certified Mail, at the most current postal address that Divorce Source, Inc. 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 Divorce Source, Inc. 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 Divorce Source, Inc..
Entire Agreement
These Terms and Conditions of Use constitute the entire agreement between you and Divorce Source, Inc. with respect to the subject matter of these Terms and Conditions of Use, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms and Conditions of Use. These Terms and Conditions of Use create no third party beneficiary rights.
Governing Laws
3StepNegotiation exists solely within the Lehigh County in the Commonwealth of Pennsylvania. You agree that regardless of where you reside or where your browser is physically located, your viewing of 3StepNegotiation occurs solely within Lehigh County in the Commonwealth of Pennsylvania and that all content, software and services shall be deemed to be served from and performed wholly within, Lehigh County, Pennsylvania, as if you had physically traveled there to obtain such service.
These Terms and Conditions of Use will be governed and interpreted pursuant to the internal laws of the Commonwealth of Pennsylvania, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Pennsylvania in connection with any dispute between you and Divorce Source, Inc. arising out of these Terms and Conditions of Use or pertaining to the subject matter hereof to the extent an arbitrator does not have jurisdiction. You agree that the exclusive venue for any dispute between the parties arising out of these Terms and Conditions of Use or pertaining to the subject matter of these Terms and Conditions of Use will be in Lehigh County, Pennsylvania and federal courts in the Eastern District of Pennsylvania to the extent an arbitrator does not have appropriate venue.
Waiver, Severability and Assignment
Divorce Source's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found 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 remaining Terms of Use. You may not assign any of your rights under these Terms, and any such attempt will be void. Divorce Source, Inc. may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
Modifications
We may revise these Terms and Conditions of Use from time to time, and will always post the most current version with in your account. If a revision meaningfully reduces your rights, we will notify you (by, for example, posting on our blog or on this page). By continuing to use or access the software and service after the revisions come into effect, you agree to be bound by the revised Terms and Conditions of Use.
If you have any questions or concerns, please contact us at any time.
