By using the Modern Woman’s Divorce Guide website and or Moddivorce.com, and any associated websites and blogs, (the “website”), you, the user of the website (“you”), agree to the terms, conditions, notices and guidelines contained in these Terms and Conditions of Use and all modifications hereto. If you are under the age of 18, you may not use the products or services provided on the website, unless you are under the direct supervision of your parents or guardians. IF YOU DO NOT AGREE TO COMPLY WITH THE TERMS AND CONDITIONS OF USE, PLEASE DO NOT USE THIS WEBSITE.
1. Purpose Of Website.
The information and opinions contained in this website, and its associated websites and blogs,including but not limited to Moddivorce.com, or any electronic communications related to the website, are made availableby Welli Wear, LLC, dba The Modern Woman’s Divorce Guide (the “Provider”) as a service to the public and to give yougeneral information, not to provide specific legal, medical or any other professional advice. All references hereafterto the Provider shall include Welli Wear, LLC, and, where appropriate, its employees, officers, directors, investors,agents, consultants, assignees, affiliates, partners, contractors, attorneys, accountants, advertisers, and any and allother individuals and organizations providing services on behalf of Welli Wear, LLC, dba The Modern Woman’s Divorce Guide.While the Provider takes great care in the selection of content, the Provider does not warrant or represent the informationavailable on or through the website will be correct, accurate, timely, or otherwise reliable. The general principles andinformation presented on this website may differ depending on local, state and federal laws, regulations, and court cases.Your use of information on the website or materials linked from the website is at your own risk.
2. No Legal Or Professional Advice.
The information on the website is provided as a service to the public and to giveyou general information, not to provide specific legal, medical, or other professional advice. It is written and publishedwith the understanding that the authors and publishers are not engaged in rendering legal, medical, therapeutic, accountingor any other professional services in this publication and the content does not constitute legal advice, medical advice,recommendations, mediation or counseling under any circumstances. Because legal advice must be tailored to the specificcircumstances and jurisdiction of each case, and because laws are constantly changing and are subject to varying interpretations,the contents of the website should not be used as a substitute for competent legal advice from a licensed professional lawyer,medical advice from a licensed medical professional or therapeutic advice from a licensed therapist. The user is urged to consultcompetent legal counsel, medical advice and other professional advice in her state.
3. No Lawyer–Client Relationship; No Doctor–Patient Relationship; No Therapist–Patient Relationship.
Information contained on ormade available through the website by the Provider, is not intended to create a lawyer–client relationship and no lawyer–clientrelationship is formed. This website is not intended to create a doctor–patient relationship and no doctor–patient relationshipis formed. This website is not intended to create a therapist-patient relationship and no doctor–patient relationship is formed.Nothing submitted to this website is treated as confidential. The Provider may employ lawyers, doctors, mediator, therapists orother professionals to prepare content for the website, however, the Provider is not a lawyer, law firm, Lawyer Referral Service,Doctor, mediator, Therapist, or any other professional. The Provider does not receive any portion of any lawyer’s, law firm’s,Lawyer Referral Service, mediator’s, doctor’s, therapist’s or professional’s fees and any arrangements subsequently made by youand any lawyer, law firm, Lawyer Referral Service, mediator, doctor, therapist or professional, are strictly between you andsuch party and do not involve the Provider in any way.
4. Proper Use.
You agree that you are responsible for your own use of the website and for any consequences thereof.You agree you will use the website in compliance with all applicable local, state, national, and international laws,rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence.You agree not to post, publish, upload or distribute in the interactive areas on this website any messages, data, information,text, graphics, links or other material (“Postings”) that are unlawful or abusive in any way, including but not limited toany Postings that are defamatory, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive ofhate speech, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liabilityor violate any local, state, federal or international law, or the regulations of the U.S. Securities and Exchange Commission,any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, orthat creates a nuisance or is otherwise offensive to the recipient, either intentionally or unintentionally. You also agree not toact in any way that violates these Terms and Conditions of Use, as may be revised from time to time. Violation of any of theforegoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and otherlegal consequences. The Provider reserves the right, but shall have no obligation, to investigate your use of the website in orderto determine whether a violation of the Terms and Conditions of Use has occurred or to comply with any applicable law, regulation,legal process or governmental request. The Provider may delete your Postings or terminate your account at any time for any reasonwithout permission from you. Participants shall not misrepresent their identity or their affiliation with any person or entity.
5. Registration; User Responsibilities.
If you choose to become a registered user of the website, you agree to provide true,accurate, current and complete information about yourself as prompted by the registration process. You also agree to updatethat information as necessary to maintain its accuracy. If you provide any information that is untrue, inaccurate, not currentor incomplete, or if the Provider has reason to believe such information is untrue, inaccurate, not current or incomplete,the Provider has the right to suspend or terminate your account and refuse you any or all current and future use of thewebsite, or the services the Provider offers. Each registration is for your personal use only, unless specificallydesignated otherwise on the registration page. The Provider does not allow any other person using the registered sectionsunder your name or access through a single name being made available to multiple users. You are responsible for preventingsuch unauthorized use.
6. Advertisements; Advertisers.
You understand and agree the website may include advertising and sponsorship or otherrelated information. As consideration for using the website, you agree and understand the website will display adsand other information adjacent to and related to the content of the website. Advertisers and sponsors are responsiblefor ensuring material submitted for inclusion on the website is accurate and complies with applicable laws. The Providerwill not be responsible for the illegality of or any error or inaccuracy in any advertiser’s or sponsor’s materials.
7. No Solicitation.
You shall not distribute on or through the website or to any persons or entities identified via thewebsite, any content or material containing solicitations or advertising of any kind without the express prior writtenpermission of the Provider. In interactive forums made available through this website, you may discuss or recommendthird–party websites, goods or services, so long as you have no financial interest in and receive no direct orindirect benefit from such websites, products or services, or the recommendation of such.
8. Third-Party Content.
Third–party content may appear on the website or may be accessible via links from the website. The Provider has no control over such websites and resources, and you acknowledge and agree that the Provider 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 websites or resources. You further acknowledge and agree that the Provider shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such website or resource. The Provider shall not be responsible for and assumes no liability for, any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third–party content appearing on the website. The Provider does not have any obligation to monitor such third party content. The Provider reserves the right at all times to remove or refuse to distribute any content on the website, such as content which violates the Terms and Conditions of Use.
9. Professional Directory Links.
From time to time the website shall contain links to and instructions for the use of, searchable directories of lawyers, law firms, mediators, therapists and other professionals. The Provider does not warrant the validity of the information, nor does it guarantee the quality of the work product of any lawyers, law firms, mediators, therapists or other professionals in said directories. The choice of a lawyer, law firm, mediator, therapist and other professionals, is an important decision and should be based on your personal, independent, investigation and evaluation of any persons you might consider hiring for professional advice, not solely upon someone’s self-proclaimed expertise and practice areas. The website does not review the content of any professional directory links to the website. The website is not responsible for any material or information contained in the linked professional directory websites or provided by those listed in any linked directories.
10. Intellectual Property.
The website and all of its content including, but not limited to legal guidelines and worksheets, articles, other text, graphics, product names, designs, logos (“the Intellectual Property”) are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by the Provider or the party credited as the provider or owner of the Intellectual Property. The collection, arrangement, and assembly of all content on the website is the exclusive property of the Provider and protected by U.S. and international copyright laws. Subject to the terms and conditions hereof, you may view, copy, download, or print material appearing on the website, however, the material may only be used for your personal, non–commercial use and all copyright, trademark, and other proprietary notices contained in copies must be kept intact. The copying, modification, revision, reproduction, republication, uploading, posting, transmission, or distribution for commercial or non–personal purposes of any other material or element from the website including, but not limited to, the design or layout of the website, individual elements of the website’s design, or logo, without express written permission of the Provider, or other owners of the Intellectual Property, is strictly prohibited. The guidelines and worksheets available on the website may be used or modified for discrete personal use but may not be reproduced, republished, uploaded, posted, transmitted, distributed, or otherwise disseminated for any other purpose whatsoever, regardless of whether for profit or not for profit.
11. License Of Your Content To The Provider.
Any content, materials, messages, suggestions, ideas, or concepts you submit to the website, shall become, and remain, the property of the Provider. You agree any submissions, in whole or in part, may be used by the Provider or any of its affiliates for any purpose including modification, reproduction, transmission, publication, broadcast, and posting. You additionally agree the Provider is free to use any ideas, concepts, techniques, or know–how contained in any communication you submit to the website by any means, including but not limited to, blogs, message boards, chatrooms, email communications, and U.S. mail, for any purpose whatsoever including, but not limited to, developing, manufacturing, marketing, and selling products and services based upon such information without any obligation to compensate you or anyone else for them. By making such submissions, you are assigning and transferring any and all right, title and interest in those submissions to the Provider, including any moral rights. You represent and warrant by submitting any materials that such submission does not infringe on any third–party intellectual property rights. Do not transmit any unlawful, threatening, libelous, defamatory, obscene, pornographic, or profane material, or any other material that could constitute or encourage conduct that could be considered a criminal offense or violate any law.
12. Lawyer, Mediator, Therapist, Doctor and Other Professionals Notice.
If you are a lawyer, mediator, therapist,doctor or other licensed professional using any aspect of the website, including but not limited to, blogs,message boards, chat rooms or any other forums, you agree and acknowledge that when you participate in anyinteractive area on the website, you will not offer legal, medical, therapeutic, or other professional adviceand will not solicit employment from prospective clients.
14. Unlawful Activity.
The Provider reserves the right to investigate complaints or reported violations ofour Terms and Conditions of Use and to take any action we deem appropriate, including but not limited to,reporting any suspected unlawful activity to law enforcement officials, regulators, or other third partiesand disclosing any information necessary or appropriate to such persons or entities relating to your registration,usage history, posted materials, IP addresses and traffic information.
15. Termination; Cancellation.
You may cancel your use of the website and/or terminate this Agreement with orwithout cause at any time by discontinuing use of the website and your account, if any, for a continuous periodof 30 days. The Provider may, at any time and for any reason, terminate the website, terminate this Agreement,or suspend or terminate your registration and use of the website.
16. Linking To The Website.
You may provide links to this website, provided (a) you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the website, (b) you give the Provider notice of such link by sending an e–mail to email@example.com and (c) you discontinue providing links to this website immediately upon request by the Provider.
17. Errors and Corrections.
The Provider does not represent or warrant the website will be error–free, free of viruses or other harmful components, or that defects will be corrected. The Provider does not warrant or represent that the information available on or through the website will be correct, accurate, timely, or otherwise reliable. The Provider may make improvements and/or changes to its features, functionality or content of the website at any time. Your use of information on the website or materials linked from the website is at your own risk.
You are solely liable for any content, messages or other information you transmit, provide or upload to the website and for your use of the website, any information derived therefrom and any use thereof. You agree to indemnify and hold harmless the Provider and its subsidiaries, affiliates, officers, agents, and employees from any third party claim, action, demand, loss, or damages (including lawyer’s fees and costs) of every kind and nature, arising out of or relating to your violation of these Terms and Conditions of Use, your use of the website, or your violation of any rights of a third party.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND AS AVAILABLE BASIS. THE PROVIDER, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON–INFRINGEMENT. THE PROVIDER AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS. THE PROVIDER DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO, ANY ERRORS IN OR OMISSIONS FROM THIS WEBSITE AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS; ANY THIRD–PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM; THE UNAVAILABILITY OF THE WEBSITE OR ANY PORTION THEREOF; YOUR USE OF THE WEBSITE; OR YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PROVIDER OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS OF USE.
20. LIMITATION OF LIABILITY AND DAMAGES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PROVIDER AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE WEBSITE. THE PROVIDER SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH (A) THE USE OF OR INABILITY TO USE THE WEBSITE OR THE CONTENT; AND (B) YOUR PARTICIPATION IN ANY INTERACTIVE PORTION OF THE WEBSITE. TO THE EXTENT THIS LIMITATION ON LIABILITY IS PROHIBITED BY STATE OR FEDERAL LAW, THE PROVIDER’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $250.00.
21. Remedies for Violations.
The Provider reserves the right to seek all remedies available at law and in equity for violationsof these Terms and Conditions of Use.
22. Governing Law, Jurisdiction and Non–Waiver.
These Terms and Conditions of Use will be governed by and construed in accordancewith the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or countryof residence. Any claims, legal proceeding or litigation arising in connection with the website will be brought solely in the Cityand County of San Francisco, California, and you hereby consent and submit to the personal jurisdiction of such courts for thepurpose of litigating any such action. The failure of either party to enforce any rights hereunder shall not constitute a waiver ofany terms or conditions of these Terms and Conditions of Use.
23. Statute of Limitations.
You agree that regardless of any statute or law to the contrary, any claim or cause of actionarising out of or related to use of the website or the Terms and Conditions of Use, must be filed within one (1) year aftersuch claim or cause of action arose or is forever barred.
24. Miscellaneous Provisions
These Terms and Conditions of Use constitute the entire agreement between the parties with respect to the subjectmatter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral,regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if inwriting and signed by the Provider.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The paragraph headers and/or titles in the Terms and Conditions of Use are for convenience only and have no legal or contractual effect.
25. Severability of Provisions.
These Terms and Conditions of Use incorporate by reference all notices and disclaimers contained on the website and constitute the entire agreement between you and the Provider with respect to access to and use of the website. If any provision of these Terms and Conditions of Use is found unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
The Provider reserves the right to change these Terms and Conditions of Use at any time. Updated versions of the Terms and Conditions of Use will appear on this website and are effective immediately. You are responsible for regularly reviewing the Terms and Conditions of Use. Continued use of the website after any such changes constitutes your consent to such changes.
27. Copyright Complaints.
The Provider respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify the Provider immediately by sending an email firstname.lastname@example.org.
28. State Legal Notices.
These legal notices are intended to comply with the laws, rules and court decisions of the states referenced herein below.
No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. Alabama Rules of Professional Conduct Rule 7.2(e) (1997)
The Alaska Bar Association does not accredit or endorse certifying organizations. Alaska Rules of Professional Conduct, Rule 7.4(a)(2) (1998)
Colorado does not certify attorneys as specialists in any field.
The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. (Florida Rules of Professional Conduct Rule 4-7.2(d) (1997))
There is no procedure for review or approval of specialist certification organizations in Hawaii. Hawaii Rules of Professional Conduct Rule 7.4(c) (1997)
The Supreme Court of Illinois does not recognize certifications of specialties in the practice of law and that the certificate, award or recognition is not a requirement to practice law in Illinois. Illinois Rules of Professional Conduct Rule 7.4(c)(2) (1997)
The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. This disclosure is required by rule of the Supreme Court of Iowa.
Memberships and offices in legal fraternities and legal societies, technical and professional licenses, and memberships in scientific, technical and professional associations and societies of law or field of practice do not mean that a lawyer is a specialist or expert in a field of law, nor do they mean that such a lawyer is necessarily any more expert or competent than any other lawyer.
A description or indication of limitation of practice does not mean that any agency or board has certified such lawyer as a specialist or expert in an indicated field of law practice, nor does it mean that such lawyer is necessarily any more expert or competent than any other lawyer.
All potential clients are urged to make their own independent investigation and evaluation of any lawyer being considered. This notice is required by rule of the Supreme Court of Iowa. Iowa Code of Professional Responsibility DR 2-101(A), DR 2-101(C), DR 2-105(A)(3)(c) (1997)
If a Massachusetts lawyer holds himself or herself out as “certified” in a particular service, field or area of law by a non-governmental body, the certifying organization is a private organization, whose standards for certification are not regulated by the Commonwealth of Massachusetts. Massachusetts Code of Professional Responsibility DR 2-105(B) (1997).
The Mississippi Supreme Court advises that a decision on legal services is important and should not be based solely on advertisements.
Free Background information is available upon request to a Mississippi lawyer.
The listing of any area of practice by a Mississippi lawyer does not indicate any certification of expertise therein. Mississippi Rules of Professional Conduct Rule 7.2(d), Rule 7.4(a), Rule 7.6(a) (1997)
Neither the Supreme Court of Missouri nor the Missouri Bar reviews or approves certifying organizations or specialist designations. Missouri Rules of Professional Conduct Rule 7.4 (1997)
Neither the state bar of Nevada nor any agency of the State Bar has certified any lawyer identified here as a specialist or as an expert. Anyone considering a lawyer should independently investigate the lawyer’s credentials and ability. Nevada Rules of Professional Conduct Rule 198 (1997)
Any certification as a specialist, or any certification in a field of practice, that does not state that such certification has been granted by the Supreme Court of New Jersey or by an organization that has been approved by the American Bar Association, indicates that the certifying organization has not been approved, or has been denied approval, by the Supreme Court of New Jersey and the American Bar Association. New Jersey Rules of Professional Conduct Rule 7.4(b) (1997)
Any certificati on by an organization other than the New Mexico Board of Legal Specialization does not constitute recognition by the New Mexico Board of Legal Specialization, unless the lawyer is also recognized by the board as a specialist in that area of law. New Mexico Rules of Professional Conduct Rule 16-704(D) (1997)
The Rhode Island Supreme Court licenses all lawyers in the general practice of law. The court does not license or certify any lawyer as an expert or specialist in any field of practice. Rhode Island Rules of Professional Conduct Rule 7.4 (1998)
Unless otherwise indicated, Tennessee attorneys are not certified as specialists by the Tennessee Commission on Continuing Legal Education and Specialization in the areas of practice listed on their profiles. Tennessee Code of Professional Responsibility DR 2-101(C)(3) (1998)
Unless otherwise indicated, Texas attorneys are Not Certified by the Texas Board of Legal Specialization in the areas of practice listed on their profiles. Texas Disciplinary Rules of Professional Conduct Rule 7.04(b)(3) (1999)
The Supreme Court of Washington does not recognize certification of specialties in the practice of law. Any certificate, award, or recognition by a group, organization or association used by a Washington lawyer to describe his or her qualifications as a lawyer or qualifications in any subspecialty of law is not a requirement to practice law in the State of Washington. Washington Rules of Professional Responsibility Rule 7.4(b) (1997)
The Wyoming State Bar does not certify any lawyer as a specialist or expert. Anyone considering a lawyer should independently investigate the lawyer’s credentials and ability, and not rely upon advertisements or self-proclaimed expertise. Wyoming Rules of Professional Conduct for Lawyers at Law Rule 7.4 (1997)