3. Access. In order to access the Website and some Services, you must have 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. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
Use of these Service may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. LifeThruDivorce.com MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
4. Eligibility. You must be at least 18 years old to register as a Member of or otherwise use the Web Site. Membership in the Service is null and void where prohibited. By using the Web Site, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
5. Non-commercial Use. The Web Site is for the personal use of individual Members only and may not be used in connection with any commercial endeavors, unless approved in advance in writing by an authorized representative of LifeThruDivorce.com. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Web Site for any purpose. Illegal and/or unauthorized uses of the Web Site, including collecting usernames and/or email addresses of Members, by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of the Web Site may be investigated, and appropriate legal action will be taken, including, civil, criminal, and injunctive redress. Use of the Web Site is with the permission ofLifeThruDivorce.com, which may be revoked at any time, for any reason, in LifeThruDivorce.com's sole discretion. You agree that, except as otherwise expressly provided in this Agreement, there will be no third party beneficiaries to this Agreement.
It is understood that memberships may include front-loaded services (services that incur up-front costs for LifeThruDivorce.com to be later compensated through consistent and ongoing monthly membership fees). Front loaded services may include coaching sessions, DreamPlan, DreamMap, bootcamps, workshops, etc. Front loaded services may require a set amount of monthly membership payments before a member may cancel their membership. Members may cancel their membership at any time with a 30-day notice provided they are in good standing and do not oweLifeThruDivorce.com for front-loaded services. In the event of cancellation before the required period to compensate for front-loaded services, a pro-rated amount may be owed by the member upon cancellation, and the final charge will be made to the member's credit card upon cancellation.
Members may upgrade or downgrade their membership at any time with a 30-day notice period. In the event of a downgrade, the member may owe LifeThruDivorce.com for front-loaded services that may not be included in the lower membership level. In such a case a pro-rated amount may be collected from the member upon downgrade. Refunds and exceptions are entirely at the discretion of LifeThruDivorce.com management and are typically not allowed.
7. Modifications to Service. LifeThruDivorce.com reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. We will do our best to inform you of any such modification or discontinuance. You agree that LifeThruDivorce.com will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
8. Account Information/Registration Information and Security. Users of the Service may direct LifeThruDivorce.com to retrieve their own information ("Account Information") maintained online by third-party financial institutions, subscription providers, membership clubs, and other third parties with which they have customer relationships, maintain accounts, or engage in financial transactions ("Accounts"). LifeThruDivorce.com facilitates access of this Account Information on the Service by engaging in agreements with third party account providers, or through information inputted by users on the Service. LifeThruDivorce.com makes no effort to review the Account Information for any purpose, including accuracy, legality, or non-infringement.
You consent to our accessing, receiving and storing this information on your behalf. You agree and understand that you are responsible for maintaining the confidentiality of your password that, together with your User ID email address, allows you to access the Service. That User ID and password, together with any mobile number or other contact information you provide constitute your "Registration Information. " You are responsible for maintaining the confidentiality of the Registration Information that you designate during the Registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify LifeThruDivorce.com of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. LifeThruDivorce.com will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature or consult a professional about security protection.
By providing us with your email address, you agree to receive all required notices electronically, to that email address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the email or through a link to the appropriate page on the Site, accessible through any standard, commercially available Internet browser. If you become aware of any unauthorized use of your Account Information and Registration Information, you must notify LifeThruDivorce.com as soon as reasonably possible at the email address info@LifeThruDivorce.com. We recommend you change your password every ninety (90) days. You must provide true, accurate, current and complete information about your accounts maintained at other websites, as requested in our "add account" setup forms, and you may not misrepresent your Account Information and Registration Information. In order for the Service to function effectively, you must also keep your Account Information and Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service will be adversely affected.
9. Third Party Links. The Service, or third parties, may provide links to other World Wide Web sites or resources. Because LifeThruDivorce.com has no control over such sites and resources, you acknowledge and agree that LifeThruDivorce.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that LifeThruDivorce.com will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site or resource. We reserve the right to disable links from third-party sites, although we are under no obligation to do so. LifeThruDivorce.com is not responsible for any form of transmission received from any third party websites.
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by LifeThruDivorce.com, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. LifeThruDivorce.com does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any third party that appears on the Web Site. Under no circumstances will LifeThruDivorce.com or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Web Site or transmitted to or by any Members.
10. Third Party Advertising. Some materials or information accessible though the Web Site or Service may be provided by other users and not by LifeThruDivorce.com (including advertisements for third party services, and submissions to blogs and other public forums). From time to time, there may be opportunities on or through the Service for you to purchase certain products and/or services directly from such third parties that have advertised such products or services on the Service. We assume no responsibility for, and you are solely responsible for confirming, the availability, appropriateness, accuracy, sufficiency, correctness, veracity, completeness, reliability, and timeliness of any such user-provided information, content, products, services, advertising, or other materials. The inclusion of any such user-provided content on the Service does not imply endorsement or sponsorship by LifeThruDivorce.com. You are solely responsible for any and all consequences of any such activities, transactions, and relationships that you may conduct or form with other users of the Service. Any purchases that you make from such third parties or users who have advertised on or through the Service are made at your own risk. You acknowledge and agree that LifeThruDivorce.com has no responsibility or liability for such purchases and/or transactions.
13. Intellectual Property
(a) Proprietary Rights. LifeThruDivorce.com owns and retains all proprietary rights in and to the Web Site and the Service, and has a license to use all material posted by you and the other users as discussed above. The Web Site contains the copyrighted material, trademarks, and other proprietary information of LifeThruDivorce.com and its licensors. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information unless under fair use or without obtaining the prior written consent of the owner of such proprietary rights.
As between you and us, we or our licensors, as applicable, own, solely and exclusively, all rights, title and interest in and to the Website and the Service, all the content (including text, photographs, graphics, audio, visual, and audiovisual content) other than Submitted Materials, code, data and materials thereon, the look and feel, design and organization of the Site and the Service, and the compilation of the content, code, data, and materials on the Site and the Service, including any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Service does not grant to you ownership of any content, code, data, or materials you may access on or through the Service.
Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell, or otherwise exploit any content, code, data, or materials on or available through the Service. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose (or, where applicable, reverse engineer), any of the content, code, data, or other materials on or made available through the Service. This includes, without limitation, the alteration or removal of any Trademarks (as defined below) or any other proprietary content or proprietary rights notices
(c) Digital Millennium Copyright Act. LifeThruDivorce.com is committed to respecting and protecting the legal rights of copyright owners. As such, LifeThruDivorce.com adheres to the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.). If you believe any of the content on the Website infringes upon your intellectual property rights, please submit a notification alleging such infringement (hereafter a "DMCA Takedown Notice"). To be valid, a DMCA Takedown Notice must (x) be provided to LifeThruDivorce.com's designated agent, ("Copyright Agent"), as set forth below, and (y) include the following:
a. A physical or electronic signature of a person 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;
c. Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
d. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
e. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
LifeThruDivorce.com's Copyright Agent to receive DMCA Takedown Notices can be reached at info@LifeThruDivorce.com. For clarity, only DMCA Takedown Notices should go to the Copyright Agent; any other feedback, comments, online purchases or other communications should be directed to the applicable customer service links posted on the Website. You acknowledge that in order for LifeThruDivorce.com to be authorized to takedown any Content, your DMCA Takedown Notice must comply with all of the requirements of this Section.
14. Access, Interference and Prohibited activities. LifeThruDivorce.com reserves the right to investigate and terminate your membership if you have misused the Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Service: (i) You will not "stalk" or otherwise harass any person. (ii) You will not express or imply that any statements you make are endorsed by LifeThruDivorce.com without our specific prior written consent. (iii) You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents. (iv) You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information unless under fair use or without obtaining the prior consent of the owner of such proprietary rights. You will not remove any copyright, trademark or other proprietary rights notices contained in the Service. (v) You will not interfere with or disrupt the Services or the site or the servers or networks connected to the Services or the site. (vi) You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. (vii) You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service. (viii) You will not "frame" or "mirror" any part of the Service or the Web Site, without LifeThruDivorce.com's prior written authorization. You also will not use meta tags or code or other devices containing any reference toLifeThruDivorce.com or the Service or the site in order to direct any person to any other web site for any purpose. (ix) You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Web Site or any software used on or for the Service or cause others to do so.
o restrict or inhibit any other user from using and enjoying the Site or the Service;
o are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, or that threatens or invites violence, or that is derogatory of others on the basis of gender, race, ethnicity, national origin, religion, sexual preference, or disability;
o constitute, facilitate, or encourage conduct that would constitute a criminal offense, give rise to potential civil liability or otherwise violate any local, state, national or international law, regulation, or ordinance;
o violate, plagiarize or infringe the rights of third parties including copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity, or any other proprietary right;
o contain a virus, spyware, or other harmful component;
o contain embedded links, advertising, chain letters, or pyramid schemes of any kind;
o constitute or contain false or misleading indications of origin, endorsement, or statements of fact; or
o contain sensitive, proprietary, or confidential information about yourself or others.
Except as may be expressly permitted in connection with the Service, you also may not offer to buy or sell any product or service on or through your Submitted Materials. LifeThruDivorce.com will not accept responsibility for any information included in any Submitted Materials created or posted by users. You alone are responsible for the content and consequences of any and all of your activities and you submit Submitted Materials at your own risk.
You warrant and agree that, while using the Service (including public or open forums), you will not: (a) impersonate any person or entity, whether actual or fictitious, or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party's advertising, branding, or other promotional content into the Service, or use, redistribute, reuse, republish, repurpose, or otherwise exploit such content or service for any purpose or reason, including, further commercial or promotional purposes; or (c) attempt to gain unauthorized access to other computer systems through the Service. You also will not and, by your use of the Service, represent and warrant that you are not:
o engaging in spidering, "screen scraping," "database scraping," harvesting of email addresses, wireless addresses, or other contact or personal information, or any other automatic means of obtaining lists of users or other information from LifeThruDivorce.com, including any information residing on any server or database connected to the Service;
o obtaining or attempting to obtain unauthorized access to computer systems, materials, or information through any means;
o using the Service in any manner with the intent to interrupt, damage, disable, overburden, or impair the Service, including sending mass unsolicited messages or "flooding" servers with requests;
o removing, concealing, editing or otherwise altering any trademark, copyright or other proprietary rights notice or any other mark or source identifier included in any content or features made available on or through the Service (for example, without limitation, in any Podcast, photograph, or text);
o using the Service in violation of LifeThruDivorce.com's or any third party's intellectual property or other proprietary, privacy, or legal rights;
o using the Service in violation of any applicable law;
o attempting (or encouraging or supporting anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Service, or any content thereof, or make any unauthorized use thereof;
o using the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service; or
o obtaining or attempting to obtain any materials or information through any means not intentionally made publicly available or provided for through the Service
15. Interaction with other members. You are solely responsible for your interactions with other Members. You understand that LifeThruDivorce.com does not in any way screen its Members, nor does LifeThruDivorce.com inquire into the backgrounds of its Members or attempt to verify the statements of its Members. LifeThruDivorce.com makes no representations or warranties as to the conduct of Members or their compatibility with any current or future Members. In no event will LifeThruDivorce.com be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service, including, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered users of this Service or persons you meet through this Service.
LifeThruDivorce.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
17. Disclaimer of Representation and Warranties. LifeThruDivorce.com is not responsible for any incorrect or inaccurate content posted on the Web Site or in connection with the Service whether caused by users or any of the equipment or programming associated with or utilized in the Service. LifeThruDivorce.com is not responsible for the conduct, whether online or offline, of any user of the Web Site or the Service. LifeThruDivorce.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. LifeThruDivorce.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Web Site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will LifeThruDivorce.com or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Web Site or the Service, any content posted on the Web Site or transmitted to Members, or any interactions between users of the Web Site, whether online or offline. LifeThruDivorce.com cannot guarantee and does not promise any specific results from use of the Web Site and/or the Service. In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Web Site is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. LifeThruDivorce.com makes no representations or warranties and expressly disclaims any and all liability concerning any action by or effect on any person following the information offered or provided within or through the Web Site. If you have specific concerns or a situation arises in which you require professional advice, you should consult with an appropriately trained and qualified specialist.
You understand and agree that any notices (including notices about your Accounts) provided to you through the Service may be delayed or prevented by a variety of factors. AlthoughLifeThruDivorce.com does its best to provide alerts in a timely manner with accurate information, we neither guarantee the delivery nor the accuracy of the content of any notice. You also agree that LifeThruDivorce.com will not be liable for any delays, failure to deliver, or misdirected delivery of any notice; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on a notice.
18. Not a financial planner, broker or tax advisor. NEITHER LifeThruDivorce.com NOR THE SERVICE OFFERED BY THE SITE IS INTENDED TO PROVIDE LEGAL, TAX, OR FINANCIAL ADVICE.LifeThruDivorce.com IS NOT A FINANCIAL PLANNER, BROKER, OR TAX ADVISOR. The Service is intended only to assist you in your household and financial organization. Your personal financial situation is unique, and any information and advice obtained through the Service may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.
We do not provide advice with respect to any aspect of transactions conducted through the platform, other than advice on the technical use of the platform. This means, among other things, that we cannot give you any investment, legal, taxation or other advice in connection with your membership or any investments you make through the platform. If you need or want such advice, you should consult an appropriate professional adviser.
20. Indemnification. You agree to indemnify and hold LifeThruDivorce.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
23. Governing law for disputes. If there is any dispute arising out of the Web Site and/or the Service, by using the Web Site, you expressly agree that any such dispute will be governed by the laws of the State of Nevada, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Nevada for the resolution of any such dispute.
We control and operate the Service from our offices in the United States of America. We do not represent that materials on the Service are appropriate or available for use in other locations. Persons who choose to access the Service from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these terms and conditions waive their respective rights to a trial by jury.
This Agreement contains the entire agreement between you and LifeThruDivorce.com regarding the use of the Web Site and/or the Service.
25. Dispute Resolution. PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. Except for either party's claims of infringement or misappropriation of the other party's patent, copyright, trademark, or trade secret, any and all disputes between you and LifeThruDivorce.com arising under or related in any way to this Agreement, must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of the Site and Services.
YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND LifeThruDivorce.com ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND LifeThruDivorce.com AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association ("AAA"), as modified by this section. For any claim where the total amount of the award sought is $10,000 or less, the AAA, you and LifeThruDivorce.com must abide by the following rules: (a) the arbitration will be conducted solely based on written submissions; and (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in Las Vegas, Nevada. The arbitrator's ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated will be exclusively brought in the state or federal courts located in Las Vegas, Nevada. Claims of infringement or misappropriation of the other party's patent, copyright, trademark, or trade secret will be exclusively brought in the state and federal courts located in Las Vegas, Nevada.
26. Interpretation. For purposes of this Agreement, (a) the words "include," "includes" and "including" are deemed to be followed by the words "without limitation"; (b) the word "or" is not exclusive; and (c) the words "herein," "hereof," "hereby," "hereto" and "hereunder" refer to this Agreement as a whole. Unless the context otherwise requires, references to a statute means such statute as amended from time to time and includes any successor legislation thereto and any regulations promulgated thereunder. This Agreement will be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted.