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TERMS OF SERVICE
Your use of this Website without changing of the
terms, conditions, and disclaimers contained in these Terms constitutes
your agreement to all such terms, conditions, and disclaimers. You
must agree to these terms to use this Website.
STATE DIVORCE LAWS
To use the Divorce Do It Yourself Service's divorce
product, you agree to comply with the State Divorce Laws in the
State and County where you will be filing for divorce. State
Divorce Laws
THE PURPOSE OF THE DIVORCE DO IT YOURSELF SERVICE
The purpose of this web site is to give the visitor
a general understanding of the law; not to provide specific advice.
A great deal of care has been taken to provide accurate and current
information, but the ideas, general principles and conclusions presented
in this site may change from time to time depending on county, state
and federal laws and regulations and court cases. Because the law
constantly changes and varies from place to place, and is subject
to changeable interpretations, the reader is urged to consult professional
legal counsel in his or her state regarding the applicability of
any point of law discussed at this Site to any specific problem.
No part of this web site or communication with personnel shall be
used in place of competent legal advice.
LEGAL DOCUMENT SERVICE
Limitations: The products provided on this site
are not a substitute for legal advice provided by a competent attorney.
Due to the passage of time and ever changing nature of the court
system, the documents or the content thereof will eventually become
obsolete. THE DIVORCE DO IT YOURSELF SERVICE will use reasonable
efforts to update the Documents. The Documents are not suitable
for any expert legal advice. They should be used to produce the
relevant documentation for their particular purpose for which they
were meant to be used.
Title and Ownership; No Commercial use limitation;
terms of license
(a) No title transfer. The Website and Documents,
and copies of Documents or the Website downloaded by you are owned
exclusively by THE DIVORCE DO IT YOURSELF SERVICE, and are licensed
to you as provided for in this Terms and Conditions of Use; THE
DIVORCE DO IT YOURSELF SERVICE does not transfer to you title to
any tangible copy, or original, of the Documents or any part of
the Website.
(b) License: You and your immediate family are solely authorized
to use the materials you have purchased from the DIVORCE DO IT YOURSELF
SERVICE. No unauthorized party shall have copies or use of the materials
you have gained from this website. Copyright and ownership of the
materials belong only to the DIVORCE DO IT YOURSELF SERVICE.
Limitation of liability: Please read this carefully
as the following are the terms upon which THE DIVORCE DO IT YOURSELF
SERVICE provides Documents to you. THE DIVORCE DO IT YOURSELF SERVICE
has included within this agreement a disclaimer of its liability
in respect to the documents.
DISCLAIMERS
PLEASE READ THIS IMPORTANT NOTICE WHICH AFFECTS
YOUR RIGHTS
IF YOU USE ANY DOCUMENT IN THE SERVICE, IT WILL
BE ON THE TERMS WHICH ARE STATED IN THIS DISCLAIMER. DOCUMENTS AVAILABLE
ON THE SERVICE HAVE BEEN PREPARED BY THE DIVORCE DO IT YOURSELF
SERVICE. WHILE THE DIVORCE DO IT YOURSELF SERVICE HAS USED REASONABLE
CARE IN PREPARING THE DOCUMENTS, IN THE MAJORITY OF CASES THEY WILL
HAVE TO BE TAILORED TO SUIT YOUR PARTICULAR CIRCUMSTANCES. THEREFORE
THE BASIS ON WHICH YOU PURCHASE OR MAKE USE OF ANY DOCUMENT IS THAT
THE DOCUMENT IS SUITABLE TO BE USED BY YOU IN CONJUNCTION WITH PROPER
ADVICE AS TO ITS APPLICATION AND ADAPTATION FOR YOUR PARTICULAR
REQUIREMENTS. THE DOCUMENTS ARE NOT MADE AVAILABLE TO YOU ON ANY
OTHER BASIS. PLEASE NOTE ALSO THAT THE DOCUMENTS HAVE BEEN PREPARED
IN LIGHT OF THE LAWS OF A PARTICULAR STATE AS SET FORTH IN THE DOCUMENT,
AND THEY WILL NOT BE SUITABLE IN OTHER STATES OR OVERSEAS. THE DIVORCE
DO IT YOURSELF SERVICE DOES NOT TAKE RESPONSIBILITY FOR, AND YOU
AGREE THAT THE DIVORCE DO IT YOURSELF SERVICE IS NOT LIABLE FOR,
LEGAL ADVICE PROVIDED BY ANY PERSON. ADVICE YOU RECEIVE FROM A LAWYER
IS THE RESPONSIBILITY OF THE ATTORNEY OR OTHER PERSON ADVISING YOU.
THE DIVORCE DO IT YOURSELF SERVICE WILL NOT HAVE
ANY RESPONSIBILITY AT ALL FOR ANY ALTERATIONS THAT MAY BE MADE TO
ANY DOCUMENT AFTER YOU HAVE DOWNLOADED OR ACCESSED THEM. ANY RESPONSIBILITY
THAT THE DIVORCE DO IT YOURSELF SERVICE MAY HAVE TO YOU WILL NOT
EXTEND TO ANY OF THE FOLLOWING: LOSS OR DAMAGE; OR, LOSS OR DAMAGE
WHICH CONSISTS OF OR INCLUDES ANY WASTED EXPENDITURE, INDIRECT LOSS,
LOSS OF PROFITS OR ANTICIPATED PROFITS OR GAINS OF ANY DESCRIPTION
OR LOSS OF BUSINESS.
IF A COURT OR ANY OTHER BODY HAVING THE POWER TO
RULE ON DISPUTES DECIDES THAT ANY PART OF THIS DISCLAIMER IS NOT
REASONABLE OR CANNOT BE ENFORCED FOR ANY REASON, THIS WILL NOT AFFECT
THE VALIDITY OF THE OTHER PARTS OF THIS DISCLAIMER WHICH WILL CONTINUE
TO BE IN FULL FORCE AND EFFECT.
Privacy Policy: Your privacy is important to us.
We use your Personal Data only to operate the service and to inform
you of new features, services, and products supplied by ourselves
or selected third parties. If you wish to discontinue receiving
such offers, you may opt out by contacting us direct or contacting
the third party. We make no claims on the integrity of the third
party.
Copyright and Trademark: The ' DIVORCE DO IT YOURSELF
SERVICE ' logo, is used under license. Other company names mentioned
on the Website may be the trademarks of their respective owners.
All contents of this Website are copyrighted. No part of the site
may be reproduced in any form whether electronically or otherwise
without the prior consent of THE DIVORCE DO IT YOURSELF SERVICE,
other than temporarily in the course of using the Service or to
keep a record of a transaction entered into using the Service. Any
rights not expressly granted herein are reserved.
Forms: Your divorce forms will come already filled
in with the information on your divorce questionnaire. However,
there may be some sensitive information that you may want to fill
in yourself, such as financial data, information about other children
not in this divorce, and other compromising data.
Free
Gifts and Bonuses: The free gifts are 1. Free Sample Courtroom Statement.
This is a "sample" of what a plaintiff/petitioner might
say when they are in the courtroom with the Judge. It is a sample,
so you are to modify it to fit your circumstances. The Document
Do It Yourself Service does not warrant the Free Sample Courtroom
Statement. 2. Free Marital Settlement Agreement (MSA). Some States
do not want couples using and MSA. Therefore the same information
on the MSA shall be incorporated into the final Judgement of Divorce.
3. Free Name Change. This is done, only if the wife wants her maiden
name back.
Complaints: THE DIVORCE DO IT YOURSELF SERVICE is
devoted to providing you with quality documentation. However, in
the improbable event you should have any complaint with regard to
our service or any of the products purchased from THE DIVORCE DO
IT YOURSELF SERVICE, please send us an e-mail.
Refunds: Divorce is a complicated issue and we know
that a host of things could arise during the process. Our refund
policy reflects our ideal of, "We are here to help every single
one of our customers through the divorce process." All refunds
given will be given based only on the Guarantee which states: "If
the Judge fails to grant your Divorce due to a paperwork typographical
error, then we will correct the problem. If we cannot correct the
problem, then your money will be refunded 101%." If a refund
is given outside of this predefined Guarantee it will be
at the sole discretion of the Divorce Do It Yourself Service.
There will not be refunds given for: couples who get back
together, the purchaser changes their mind, the couple are not
qualified to get a divorce in their respective State, problems
relating to computers, failure to ask for adjustments, the purchaser
completes their own divorce forms, the purchaser alters our divorce
forms, claims of credit card abuse, or a spouse or client decides
to contest the divorce and get a lawyer. Also, if the local court
does not accept the divorce forms initially, we will adjust the
forms, if we have them. Some local courts have forms that are not
available to have on computer. In this case, you will have to provide
us with the local form, in whatever format you can, if you
would like to have a particular local form completed for you. This
situation is adjustable and does not deem a refund. We are not
responsible for local court forms. If a refund is given by discretion
of the Divorce Do It Yourself Service outside of the Guarantee,
then a $25 dollar administrative refund fee will be accessed.
To receive a
refund based on the Guarantee, you will be responsible to
provide the court rejection notice that is received from the court.
Chargebacks: We report all chargebacks to MCarda. We believe chargebacks are "friendly theft." If you choose to file a chargeback instead of adhering to our terms of service refund section your credit will be affected. If you have a problem with our service we want to help you. Please contact our customer service staff to assist you.
Various Charges: (1) If in the course of your divorce,
you change States and require DDIYS to prepare your documents for
a different State than you had origionally written on your divorce
questionnaire, there is a $50 charge for adjusting all the documents
for the new State. This is done, because all States are different,
and we would have to start over on your documents. This also applies
if your State changes their forms in the time between when you receive
the forms from us and the time you file. You will need to update
your forms and the process will have to be redone. (2) If in the
course of your divorce, you decide to switch the Plaintiff and Defendant
around, there is a $25 charge for adjusting all of the documents.
3. There are additional fees associated with doing a Missing Spouse
divorce. You will need to run an ad in the newspaper in the area,
that the court recommends for legal publications. This fee will
be handled by the customer. 4. Any fees associated with "Service"
to the Defendant (or equivalent) shall be handled by the customer.
5. Any Court Costs that are needed in the divorce shall be handled
by the customer. These fees are paid directly to the courthouse
and not to the DIVORCE DO IT YOURSELF SERVICE.
Military Divorce: When one or both spouses are active
in the military at the time of their divorce or dissolution, they
will need to sign the waiver of the Solder and Sailor Relief Act.
Both parties must be in agreement to the divorce and be willing
to sign all documents needing their signature. Also, at least one
of the Spouses must be living in the US to complete the divorce
at their local county courthouse. Or at least, be willing to travel
multiple times to complete their case. The parties must qualify
for residency in the State and County they wish to file. The Plaintiff
(or the equivalent) will be the person who needs to attend the local
county court. The occasions requiring attendance are the initial
filing, the final hearing, and any other occasions in the middle
of the divorce that are required.
Prohibited use: As a condition of your use of this
Website, you warrant to us that you will not use this Website for
any purpose that is unlawful or prohibited by these terms, conditions,
and notices.
Hyperlinks: This Website contains hyperlinks to
websites operated by third parties. These hyperlinks are for your
reference only. We can not be responsible for the contents of other
websites. We include these hyperlinks for your benefit and do not
endorse their content in any way.
Warranty; disclaimer and limitation of liability
(a) Warranty. THE DIVORCE DO IT YOURSELF SERVICE
MAKES NO IMPLIED WARRANTIES OF ANY KIND, AND HEREBY DISCLAIMS ALL
SUCH WARRANTIES, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR WARRANTY OF NON-INFRINGEMENT.
(b) Liability. In no event will THE DIVORCE DO IT YOURSELF SERVICE,
be liable for any indirect, incidental, special or consequential
damages arising out of or in any way connected with the use of the
Documents or web site, whether based in contract, tort, strict liability
or otherwise. The liability of THE DIVORCE DO IT YOURSELF SERVICE,
for direct loss arising out of the use of the Documents, this Website,
whether based in contract, tort, strict liability or otherwise is
limited to the total amount paid, if any, by you to THE DIVORCE
DO IT YOURSELF SERVICE.
Modification of terms, conditions, and disclaimers:
We reserve the right to change any terms, conditions, and disclaimers
under which this Website offers it's service. This right does not
affect the existing terms and conditions accepted by you upon making
a valid purchase using this Website.
Statutory rights: These Terms will not affect your
statutory rights as a consumer.
Transferability: Your right to use the Website and
the Documents is not transferable.
Codes and passwords: When you are provided with
a password at this site, it is for your use only. You are not to
give the password out to anyone. It is the property of THE DIVORCE
DO IT YOURSELF SERVICE.
True intent: All information you have provided about
yourself to THE DIVORCE DO IT YOURSELF SERVICE is true, accurate,
and not falsified. You represent that you are using the Website
and the Documents under your own name, and not under a fictitious
name.
Security: Unless provided otherwise in THE DIVORCE
DO IT YOURSELF SERVICE's privacy policy, THE DIVORCE DO IT YOURSELF
SERVICE will not provide any personally identifying information
to any third party without your consent (which consent may be obtained
electronically via e-mail or form fill in on the Website); provided
however that you are advised that in the event THE DIVORCE DO IT
YOURSELF SERVICE determines in its reasonable discretion that disclosure
of personal identifying information is necessary to comply with
any law, rule order, subpoena, civil investigative request or demand,
discovery request or any other legal requirement, THE DIVORCE DO
IT YOURSELF SERVICE may disclose your personally identifying information
to comply with such request, and it may be disclosed without prior
notice to you. THE DIVORCE DO IT YOURSELF SERVICE agrees to take
reasonable efforts to protect your personally identifying information
in the event of such disclosure, provided however, that you agree
that THE DIVORCE DO IT YOURSELF SERVICE shall not be liable to you
for any claim by you that THE DIVORCE DO IT YOURSELF SERVICE failed
to exercise reasonable care in protecting your personally identifying
information. You agree that THE DIVORCE DO IT YOURSELF SERVICE is
not responsible to you for any inadvertent disclosure or unauthorized
access by any third party of your personally identifying information.
General: These Terms are governed by the laws of
the State of Michigan. You hereby consent to the non-exclusive jurisdiction
of the courts of the State of Michigan in all disputes arising out
of or relating to the use of this Website. Use of this Website is
unauthorized in any jurisdiction that does not give effect to all
provisions of these Terms, including without limitation this clause.
If any part of these Terms is determined to be invalid
or unenforceable pursuant to applicable law including, but not limited
to, the warranty disclaimers and limitations set forth above, then
the invalid or unenforceable provision will be deemed superseded
by a valid, enforceable provision that most closely matches the
intent of the original provision and the remainder of these Terms
will continue in effect.
These Terms constitute the entire agreement between
us with respect to this Website and they supersede all prior or
contemporaneous communications and proposals, whether electronic,
oral, or written. A printed version of these terms and of any notice
given in electronic form will be admissible in judicial or administrative
proceedings based upon or relating to these terms to the same extent
and subject to the same conditions as other business documents and
records originally generated and maintained in printed form.
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