This Agreement governs your use of Divorceify’s curated online marketplace, located at www.divorceify.com, including interactions with our vetted divorce professionals and access to our concierge services and resource library. By accessing, using, or registering with Divorceify or any portions thereof, you represent and warrant that: (i) you are capable of entering into binding contracts; (ii) you have the right, authority, and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement; and (iii) you have read this Agreement and expressly acknowledge and agree to be bound by the terms and conditions below.
1. Divorceify Does Not Itself Offer Professional Services. Divorceify is a marketplace for resources, information, and personalized guidance, together with a venue for facilitating connections between Users and vetted third-party professionals. Divorceify concierges may assess your specific needs, explain your options, make recommendations, and connect you to talented professionals to guide you through your chosen divorce process, but do not warrant themselves to be licensed divorce professionals or to be providing legal advice.
2. No Guarantees or Endorsements. Although professional services may be scheduled through use of the Divorceify platform, Divorceify is not affiliated with or sponsored by any third-party professional, and has no responsibility or liability for any professional services rendered. While we take certain steps to examine the backgrounds of the professionals listed on our website or whom you may contact using our website, we make no guarantees, warranties or representations regarding the skills or undertakings of such professional or the quality of the advice that he or she may perform for you if you elect to retain their services. We do not independently verify professionals’ representations about their services, nor do we validate licenses or credentials. It is entirely up to you to evaluate the professional and the professional's qualifications, and to enter into a direct contract or otherwise reach agreement with your chosen professional. Professionals are not employees or agents of Divorceify, nor is Divorceify an agent of any professional.
3. No Contracting via the Divorceify Website. Divorceify may inform you of certain offers or services provided by divorce professionals. Such offers or services are made solely by the professionals themselves, and Divorceify does not guarantee or warrant the pricing or services that a professional may offer. Any quotes provided by professionals via Divorceify are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via Divorceify. To contract with a professional, you must work directly with the professional. Your rights under contracts you enter into with professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. Divorceify is not a party to such agreements.
4. Release from Damages or Claims. Should you have a dispute with respect to any services provided by a professional or the fees charged by any professional, you must address such dispute with the professional directly. You hereby agree to release Divorceify (and our officers, directors, shareholders, affiliates, employees and agents) from any damages or claims (including consequential and incidental damages) of every kind or nature, suspected and unsuspected, known and unknown, and disclosed or undisclosed, arising out of or in any way connected with such disputes and your dealings with divorce professionals.
6. Account, Password and Security. You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password, and account provided by you or us for accessing Divorceify’s resources. You are solely and fully responsible for all activities that occur under your password or account, except that Divorceify may, in certain circumstances, access your account to make changes that you request. Divorceify has no control over the use of any User's account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately.
7. Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
a. Termination by Divorceify. We may terminate this Agreement or terminate or suspend your right to use Divorceify at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the Divorceify website, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, "Prohibited Conduct") by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. When terminating your account, Divorceify may delete the account and all the information in it. You have no ownership rights to your account.
b. Termination by You. You may terminate this Agreement by completely and permanently ceasing to use Divorceify (provided that there are no outstanding services ordered under your password or account) and by closing any Divorceify account you have opened.
9. Online Forums. Divorceify may offer blogs, message boards, applications, opportunities to provide reviews, chat areas, news groups, forums, communities, and/or other message or communication facilities that allow Users to communicate with other Users, with Divorceify conceierges and employees, and/or with divorce professionals. You may only use these resources to send and receive messages and material that are relevant and proper to the applicable forum and that comply with this Agreement. Divorceify will not be responsible for any information or materials posted in such areas. You are solely responsible for all of your own posts and messages. You hereby represent and warrant that, in using Divorceify to interact with others, you will not create liability for us or cause us to lose (in whole or in part) the services of our Internet Service Providers (ISPs), customers, or other partners or suppliers. We reserve the right to remove postings from online forums in our sole discretion.
10. Rules for Use of Divorceify. You may use Divorceify for your personal use only (or for the use of a person, including a company or other organization that you validly represent). You may not use Divorceify for any other purposes or in connection with any commercial endeavors whatsoever without our express prior written consent. You agree to treat our concierges and any hired professionals courteously and lawfully, to provide a safe and appropriate working environment for them that is in compliance with all applicable laws and regulations, and to provide reasonable cooperation to enable them to effectively assist you.
11. Divorceify Proprietary Software and Site. You acknowledge that Divorceify’s software and all materials and resources that it provides through its website are of a proprietary nature and belong exclusively to Divorceify. You will not reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with Divorceify property, its servers or any connected networks, use a robot, spider, manual, and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Divorceify site in any manner, or attempt to: remove or alter, visually or otherwise, any copyrights, trademarks, or proprietary marks and rights owned by us; or mirror or archive any part of the Divorceify software or website or any content or material contained thereon without our prior written permission.
12. Copyright Complaints and Copyright Agent. Divorceify respects the intellectual property of others, and expects Users to do the same. Divorceify will respond to properly submitted notices of alleged copyright infringement that comply with applicable law. In the event that a person or entity has a good faith belief that any materials provided on or in connection with Divorceify infringe upon that person's or entity's copyright or other intellectual property right and sends to Divorceify a properly submitted copyright notice, Divorceify will investigate, and if it determines, in its discretion, that the material is infringing, will remove the content. Divorceify’s contact information for notice of alleged copyright infringement is:
Or via Mail:
Bricolage Law, LLC
Attn: Eve J. Brown
1080 Beacon Street, Ste. 4D
Brookline, MA 02446
13. Modifications to the Divorceify Platform. We reserve the right in our sole discretion to review, improve, modify, or discontinue, temporarily or permanently, the Divorceify platform or any content or information thereon with or without notice.
14. DISCLAIMER OF WARRANTIES; LIMITATION ON LIABILITY. USE OF DIVORCEIFY IS ENTIRELY AT YOUR OWN RISK. DIVORCEIFY DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO WE MAKE ANY WARRANTY AS TO ANY CONTENT AVAILABLE ON OR THROUGH THE USE OF DIVORCEIFY; NOR DO WE MAKE ANY WARRANTY AS TO ANY PROFESSIONAL'S REGISTRATION, PROFESSIONAL ACCREDITATION, OR LICENSE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF DIVORCEIFY, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, QUALITY, SUITABILITY, SAFETY, COMPLETENESS, OR CONTENT OF PROFESSIONAL SERVICES, OR ANY CONTENT, INFORMATION, OR MATERIALS PROVIDED ON OR THROUGH THE USE OF DIVORCEIFY. DIVORCEIFY CANNOT AND DOES NOT GUARANTEE THAT ANY INFORMATION, PERSONAL OR OTHERWISE, SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED, OR USED BY OTHERS. YOU AGREE NOT TO HOLD DIVORCEIFY OR ANY OF ITSAGENTS, EMPLOYEES, OFFICERS, DIRECTORS, OR PARTNERS LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE DIVORCEIFY, INCLUDING WITHOUT LIMITATION, ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE, AND LOSS OR DESTRUCTION OF PERSONAL PROPERTY), SERVICES, ANY DISPUTE WITH ANY USER, AND ANY DESTRUCTION OF YOUR INFORMATION. DIVORCEIFY DOES NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH PROFESSIONAL SERVICES.
15. General Provisions. This Agreement constitutes the entire agreement between you and Divorceify with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement. You agree that regardless of any statute or law to the contrary, any dispute, claim, or cause of action arising out of or related to this Agreement must be filed within one (1) year after such dispute, claim, or cause of action arose or be forever barred. All notices provided by a party in connection with this Agreement will be deemed given as of the day they are received either by email, messenger, delivery service, or in the U.S. Mail, postage prepaid, certified or registered, return receipt requested, and addressed as follows: email@example.com and/or by mail to Eve J. Brown, Bricolage Law, LLC, 1080 Beacon Street, Ste. 4D, Brookline, MA 02446, 508-734-3404. This Agreement shall not be modified except in writing signed by both parties or by means of a new posting by Divorceify, as described below. This Agreement shall be interpreted as if jointly drafted by the parties.
16. Changes to this Agreement. We reserve the right, at our sole and absolute discretion, to change, modify, add to, supplement, or delete any of the terms and conditions of this Agreement at any time, effective with or without prior notice. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, Divorceify. Your continued use of Divorceify following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes.
Last updated: January 19, 2017
1. Information We Collect
a. Information You Give Us
We collect information that you voluntarily share with us through our website, www.divorceify.com. This information may include:
Contact information, such as your name, physical address, telephone number, and email address;
Log-in information, including your username and password to any non-public areas of Divorceify;
Demographic information, such as your age and gender;
Financial information relevant to your divorce, such as your and your spouse’s salaries, disposable income, assets, expenses, liabilities, property holdings, employment, and retirement accounts;
Information about your household, including the number of children and their ages;
Information about existing agreements with spouses, partners, and with third parties;
Legal documents germane to your divorce or separation, including but not limited to separation agreements, child support/custody agreements, temporary orders, and tax and financial documents;
Any other information that may assist us in helping you to navigate the divorce process; and
Billing information, such as credit or debit card number, expiration date & security code and/or information regarding your PayPal, Google Wallet or other digital payment accounts, as applicable.
b. Information We Collect Through Technology
Information from your browser when you visit our website, such as your IP address, your browser type and language, access times, the content of any undeleted cookies that your browser previously accepted from us, and the referring website address;
Information about your online activity on our site, such as the web pages you visit, the links you click, and the searches you conduct on our site;
So that Divorceify may improve and promote its service offerings, you authorize us to aggregate anonymized, non-personally identifying user data with other data belonging or licensed to Divorceify. Such anonymous data is known as “Aggregated Anonymous Data.” You agree that Divorceify may create, use, execute, analyze, display, study, and commercially utilize the Aggregated Anonymous Data as Divorceify deems appropriate.
2. Third-Party Access to Information. We may allow third-parties, including our authorized service providers, advertising companies, and ad networks, to display advertisements on our site. These companies may use tracking technologies, such as cookies or web beacons, to collect information about users who view or interact with their advertisements.
3. How we use the information we collect. We may use information that we collect about you to: deliver information and services that you have requested; manage your account and provide you with customer support; perform research and analysis about your use of, or interest in, our services or content, or products, services or content offered by others; communicate with you by e-mail, postal mail, telephone and/or mobile devices or send newsletters about products or services that may be of interest to you; develop and display content and advertising tailored to your interests on our site and other sites; enforce our terms and conditions; publicly-display comments, ratings and reviews and other content provided by you; manage our business; and perform other functions as otherwise described to you at the time of collection.
4. With whom we share your information. We do not share your personal information with others except as indicated below or when we inform you and give you an opportunity to opt out of having your personal information shared. We may share personal information with:
a. Authorized Service Providers. We may share your personal information with our authorized service providers that perform certain services on our behalf. These services may include processing credit card payments, providing customer service and marketing assistance, performing business and sales analysis, supporting our website functionality, and supporting features offered through our website. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purposes.
b. Marketing Affiliates. When you are referred to us via a third party marketing affiliate, we may share your email address, and other information that you provide, to such marketing affiliate.
c. Divorce Professionals. When you elect to engage a particular professional’s services, you authorize us to provide your email address and other information to that professional.
d. Direct Mail Partners. From time to time we may share our postal mailing list with selected providers of goods and services that may be of interest to you.
e. Other Situations. We also may disclose your information:
In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law;
When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our website terms and conditions or other agreements or policies; or
In connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
5. Aggregated and Non-Personal Information. We may share aggregated and non-personal information we collect under any of the above circumstances. We may also share it with third parties to develop and deliver targeted advertising on our websites and on websites of third parties. We may combine non-personal information we collect with additional non-personal information collected from other sources. We also may share aggregated information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis. For example, we may tell our advertisers the number of visitors to our website and the most popular features or services accessed. This information does not contain any personal information. Divorceify’s platform may link to or interact with social media sites, including but not limited to, facebook or instagram. Divorceify is not responsible for, and does not have any control over, the privacy practices or the content of such sites. We encourage users to read the privacy policies of any website or platform visited via links from or interactions with the Divorceify platform.
6. How You Can Access Your Information. If you have an online account with us, you have the ability to review and update your personal information online by logging into your account. You can also review and update your personal information by contacting us.
8. Your Choices About Collection and Use of Your Information. At any time, you may choose to no longer receive commercial or promotional emails or newsletters from us by accessing your user account and opting out. You also will be given the opportunity, in any commercial e-mail that we send to you, to opt out of receiving such messages in the future.
Last updated: January 19, 2017
Thank you for becoming a professional member of the divorceify community, we are thrilled to partner with you. Your use of divorceify’s professional member network, curated resource library, and business promotion opportunities will help to optimize and expand your divorce practice. Through our combined efforts, divorcing individuals and families will experience the many benefits of divorceify’s holistic platform helping them navigate a well supported divorce process with confidence.
The following agreement outlines the nuts and bolts of our work together:
Our Mutual Pledge
Professional Members and divorceify each pledge to:
Communicate Truthfully, Respectfully, Clearly and in a Timely Manner: We expect you to promptly respond to messages from other members of the divorceify professional community, from divorceify’s internal team, and from clients who contact you through divorceify (within 48 hours or less). We will hold ourself to the same standard - responding to any of your inquiries within the same time frame.
We further expect that you will give all potential clients who contact you through divorceify a complimentary 15 minute phone introduction, should that client choose to hire you following that phone call you will do so through your own internal process. We expect that you will notify divorceify’s internal team at firstname.lastname@example.org should a client reach out to you as a result of finding you through divorceify.
Collaborate Across Disciplines: We expect you to respect the work of divorce professionals across disciplines acknowledging the value of supporting clients with a holistic divorce team that may include professionals with financial, legal, and mental health expertise (among others). Should you have concerns about the quality of work conducted by another member of the divorceify community we expect that you will promptly bring that concern to our attention. We will respond to any concerns you raise promptly and appropriately.
Share Expertise and Resources: We encourage you to utilize divorceify’s business promotion opportunities as they are offered to you - blogging, hosting webinars, among others. We commit to the effective promotion of works that you author on behalf of divorceify in order to promote you and your practice.
What’s Included in Professional Membership
An SEO Optimized Searchable Professional Network Listing: including a link to your own professional website, as well as a means to contact you directly through your divorceify listing
Business Promotion Opportunities: including blogging, webinar hosting (to be offered at a future date), hosting a divorceify branded support group (to be offered at a future date)
Professional Referral Network: you may search divorceify’s professional network for other divorce professionals with whom you may wish to share referrals
Branding: as a professional member of the divorceify community you will be allowed to use divorceify branding materials (such as a divorceify badge for your website) to promote your practice
Vetted Client Leads: divorceify may connect you to prospective clients who are seeking assistance in selecting divorce professionals to interview for services
Resource Library: you may access divorceify’s curated resource library to find vetted educational resources that you may wish to provide to your clients
Original Efficiency Tools: you may download and utilize divorceify’s original divorce efficiency tools to streamline work with clients, such as clickable PDFs and worksheets
Any information that you are exposed to by virtue of your relationship with divorceify that is not otherwise available to the general public shall be considered to be “Confidential Company Information.” Unless expressly authorized by divorceify, you may not disclose any Confidential Company Information to any person or entity, except when compelled by law.
Divorceify retains all rights, ownership, and interest, including any trademark, copyright, derivative and other proprietary rights, in content produced by divorceify. Other than the right to use the divorceify content in accordance with this Membership Agreement and as described herein, nothing in this Agreement shall be construed to grant you any rights, ownership, or interest, including any trademark, copyright, derivative or other proprietary rights, in divorceify content and you agree not use the divorceify name or brand in any manner not expressly authorized by divorceify. You also agree to not register any domain name that incorporates or is confusingly similar to the divorceify name, branding, and/or trademarks. All use of divorceify trademarks shall inure to the sole benefit of divorceify. Divorceify has the right to monitor the quality of your services provided in connection with divorceify trademarks and may in divorceify’s sole discretion terminate your permission to use divorceify trademarks at any time.
Addressing Change and Disagreement
Both you and divorceify understand that it is possible there will be occurrences and circumstances that no one anticipated. It is also possible that times may come when we find ourselves in disagreement over some aspect of our relationship or the work related to this Membership Agreement. If something unanticipated happens or if we find ourselves in disagreement, both you and divorceify are committed to avoiding adversarial proceedings of any kind. Accordingly, if we find ourselves in disagreement, we each commit to dedicate our efforts to resolving our disagreement as quickly as possible by communicating with one another honestly, openly, in good faith, and with a commitment to finding a solution through a non-adversarial proceeding.
This Agreement shall continue in full force and effect until such time as it is terminated by you or by us in writing. Either Party shall have the right to terminate this Agreement at any time and with or without cause.
To the fullest extent permitted by law, you shall indemnify and hold harmless divorceify, its agents, officers, directors, and employees (collectively, “Divorceify Indemnified Parties”) against all damages, liabilities or costs, including reasonable attorney’s fees and defense costs, to the extent caused by your breach of this Agreement and/or negligent performance of professional services under this Agreement by either you, your employees, subcontractors, or anyone for whom you are legally liable.
Nothing in this Agreement shall be deemed to create an employer/employee relationship between divorceify and the Professional Member. Professional members are not eligible for employee benefits from divorceify.
If any provision or portion of a provision of this Agreement is unenforceable for any reason, such provision, or such portion of such provision, shall be excluded from this Agreement and the remainder of this Agreement shall continue in full force and effect and be interpreted as if such unenforceable provision were excluded. Neither party shall assign this Agreement without the prior written consent of the other party.
You further agree that the information submitted in your application, professional profile directory on the website and any other information provided to divorceify is true and accurate to the best of your knowledge and you agree that you are in good standing and in compliance with all licensing and ethical requirements of your profession. You understand that it is your duty and obligation to notify divorceify if any truth or accuracy of the information submitted changes.
Last updated: June 23, 2017