TERMS OF SERVICE & PRIVACY AGREEMENT

DIVORCE CENTRAL, INC. PROVIDES THIS SITE AND RELATED SERVICES SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY:

COPYRIGHT INFORMATION

Copyright 1997-2005, Divorce Central, Inc. All Rights Reserved.

All pages within this Internet site ("Site") are the property of Divorce Central, Inc. ("DC"). No portion of the materials on these pages may be reprinted or republished in any form without the express written permission of DC.

TRADEMARK NOTICE

Divorce Central is a trademark of Divorce Central, Inc.

All other trademarks and/or service marks used in this Site are the trademarks and/or service marks of their respective owners.

WARRANTY DISCLAIMER

THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. DC FURTHER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES REGARDING ANY NON-DC WEB SITE THAT YOU MAY BE ABLE TO ACCESS THROUGH THIS SITE; YOU UNDERSTAND AND ACKNOWLEDGE THAT ONLINE CONCEPTS HAS NO CONTROL OVER THE CONTENT OF SUCH THIRD PARTY SITES. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, ANY OTHER SITE ACCESSIBLE THROUGH THIS SITE, AND ANY SITE-RELATED SERVICES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

DC NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, STATEMENT OR INFORMATION ON THE SITE OR ANY THIRD PARTY WEB SITE THAT YOU MAY BE ABLE TO ACCESS THROUGH THIS SITE. UNDER NO CIRCUMSTANCES WILL ONLINE CONCEPTS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY RELIANCE ON INFORMATION OBTAINED THROUGH EITHER THE CONTENT ON THIS SITE AND/OR ANY POSTINGS. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE AND/OR ANY POSTINGS.

THIS SITE IS NOT INTENDED AS A SUBSTITUTE FOR LEGAL OR ANY OTHER PROFESSIONAL ADVICE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT.

DC DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH THE SITE AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES.

DC, ITS EMPLOYEES, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

A possibility exists that the Site could include inaccuracies or errors and that unauthorized additions, deletions and alterations could be made to the Site by third parties. Although Divorce Central, Inc. attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. In the event that such an inaccuracy arises, please inform Divorce Central, Inc. so that it can be investigated.

VOID WHERE PROHIBITED

Although the Site is accessible worldwide, not all products or services discussed or referenced in the Site are available to all persons or in all geographic locations. Divorce Central, Inc. reserves the right to limit, in its sole discretion, the provision and quantity of any product or service to any person or geographic area it so desires. Any offer for any product or service made in the Site is void where prohibited.

CODE OF CONDUCT

While using the Site or Site-related services, you agree not to:

  • Restrict or inhibit any other user from using and enjoying the Site and services;
  • Post or transmit any unlawful, fraudulent, false, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable or harmful information of any kind;
  • Post or transmit any information or software that contains a virus, worm, trojan horse or other harmful or disruptive component; or
  • Post or transmit materials in violation of another party's copyright or other intellectual property rights.

DC has no obligation to monitor the Site or Site-related services. However, you acknowledge and agree that DC has the right to monitor the Site and Site-related services and to disclose any information necessary to operate the Site properly, to protect itself and its sponsors and customers and to comply with legal obligations or governmental requests. DC reserves the right to refuse to post or to remove any information or materials, in whole or in part, that are in violation of this Agreement. DC also reserves the right to prohibit any user who, in DC's sole discretion, violates the Code of Conduct or other terms of this Agreement from using the Site and related services. Such prohibition may occur without notice to the user.

You agree to indemnify, defend and hold harmless DC, its affiliates and its sponsors against any and all claims, damages, costs or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, (b) your violation of the Code of Conduct and/or (c) your activities in connection with the Site or Site-related services.

LICENSE TO DC

You hereby grant to Divorce Central, Inc. a royalty-free, perpetual, irrevocable, non-exclusive, right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any message posted on the Site (in whole or in part) worldwide and/or to incorporate it in other works in any form, media technology now known or later developed.

PRIVACY

Any information that could be readily associated with the individual to whom it pertains, including but not limited to name, address, phone number, fax number, email address, personal profiles, financial profiles, social security number, and credit card information ("Personally Identifiable Information") will not be displayed or made publicly available by DC without the prior written consent of the individual identified unless such information is already publicly available. However, you should be aware that when you disclose Personally Identifiable Information, that information can be collected and used by others and may result in unsolicited messages from other posters or parties. You acknowledge and agree that DC is not liable for any use of Personally Identifiable Information by any third party.

Divorce Central, Inc., like all web sites, records a small amount of information about the traffic that it receives. The information recorded consists of the date and time of a page request, the page requested, the IP address of the requesting device and the browser version and type used. By default this is the only information that is automatically recorded about our visitors.

Some of Divorce Central's services ask that the visitor volunteer additional information - in the case of registration in our community or for our newsletter, this is a simple email address. In the case of occasional promotions, this may include an address, gender, occupation, and age. General aggregated visitor information collected by Divorce Central is used by Divorce Central to make day-to-day business decisions about the site. Examples of this are determining what countries our users visit the site from, what browsers we need to support, etc.

Voluntary promotion and opt-in service information may be used for our own marketing purposes, or for the marketing purposes of our partners. When this is the case it will be clearly stated. Divorce Central, Inc. will NEVER sell, loan or share any of this information with any third party - unless otherwise explicitly stated in promotion rules, terms of service agreements, etc.

MAKING PURCHASES

If you wish to purchase products or services described on the Site, you may be asked to supply certain information including credit card or other payment information. You agree that all information that you provide will be accurate, complete and current. You agree to pay all charges incurred by users of your credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases.

EXTERNAL LINKS

The Site contains links to other web sites, resources and advertisers. Divorce Central, Inc. is not responsible for the availability of these external sites nor does it endorse or is it responsible for any of the contents, advertising, products or other materials on such external sites. Under no circumstances shall Divorce Central, Inc. be held liable or responsible, directly or indirectly, for any loss or damage caused or alleged to have been caused in connection with the use of or reliance on any content, goods or services available on such external sites. Any concerns regarding any external link should be directed to its respective site administrator or webmaster.

MISCELLANEOUS

This Agreement is entered into in the State of New York and shall be governed by and construed in accordance with the laws of the State of New York, exclusive of its choice of law rules. Each party to this Agreement submits to the exclusive jurisdiction of the state and federal courts sitting in the City of White Plains in the State of New York, and waives any jurisdictional, venue or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees. In the event that any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.

This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto are expressly canceled. Divorce Central, Inc. may modify the terms of this Agreement by posting notice of such modification on a page of the Site entitled "Legal Notices", "Legal Information" or "Terms of Service" (or similar title) at least five (5) days before the modification takes effect. You understand that you are expected to review periodically this Agreement for any modifications.