YOU AGREE THAT AND THE SERVICES ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER THE CONTRACT.
These Terms require individual use of arbitration to resolve disputes, rather than jury trials or class actions and also limit the remedies available to you in case of a dispute.
Divazmedia.com provides an online legal portal to give visitors a general understanding of the law and to provide an automated software solution to individuals who choose to prepare their own legal documents. Customer need not download or even license Divazmedia software. The Site includes general information on commonly encountered legal issues. The Divazmedia Services also include a review of your answers for completeness, spelling, and internal consistency of names, addresses and the like. At no time do we review your answers for legal sufficiency, draw legal conclusions, provide legal advice, opinions or recommendations about your legal rights, remedies, defences, options, selection of forms, or strategies, or apply the law to the facts of your particular situation. Divazmedia is not a law firm and may not perform services performed by an attorney. Divazmedia, its Services, and its forms or templates are not a substitute for the advice or services of an attorney.
Divazmedia strives to keep its legal documents accurate, current and up-to-date. However, because the law changes rapidly, Divazmedia cannot guarantee that all of the information on the Site or Applications is completely current. The law is different from jurisdiction to jurisdiction and may be subject to interpretation by different courts. The law is a personal matter, and no general information or legal tool like the kind Divazmedia provides can fit every circumstance. Furthermore, the legal information contained on the Site and Applications is not legal advice and is not guaranteed to be correct, complete or up-to-date. Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult a licensed attorney in your area.
From time to time, Divazmedia may perform certain attorney access services and introduce our visitors to attorneys through various methods, including but not limited to (i) third party attorney directory listings, and (ii) third party limited scope agreements. At no time is an attorney-client relationship fostered or created with Divazmedia through the performance of any such services.
The aim of this Portal and Applications is not to create an attorney-client relationship, and your use of Divazmedia does not create an attorney-client relationship between you and Divazmedia and will not. Rather, you are and will represent yourself in any legal matter that you pursue through the legal document service provided by Divazmedia.
You must provide complete and accurate details as requested on the registration form when you open an account to use or access other parts of the Website, Applications, or the Services. You will also be required to provide a password and a user name. You are entirely responsible for your password being kept private. You may at no time use the username, user name or password of a third party. You agree to promptly inform Divazmedia of any unauthorized use of your username, user name or password. Divazmedia can not be held liable for any damages you can suffer as a result of using your username or password from someone else, either with or without your knowledge. You may be held liable for any damages that Divazmedia, our associates, owners, administrators, staff, contractors, agents and representatives that incur as a result of the use of your account or password by someone else.
- Ownership. Divazmedia.com, Inc. owns and operates this Website and Applications. All rights, titles and interests in and for the materials provided on this Website and Applications, including but not limited to content, documents, logos, graphics, sounds and images (the "Materials") are the property of either Divazmedia or our respective third party writers, developers or vendors ("Third Party Providers"). Except as specifically given otherwise by Divazmedia, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or circulated in any manner whatsoever and nothing on this Website or any Applications shall be construed as granting any license under any of the intellectual property rights of Divazmedia, be it by estoppel, implication or otherwise. See the "Legal Contact Information" below if you have any questions about obtaining such licenses. Divazmedia does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by Divazmedia. Any rights not expressly granted herein are reserved by Divazmedia.
- Links to Third-Party Sites. The Web and Applications may include links to websites operated by parties other than Divazmedia (each a "Third Party Site"). Divazmedia works with a number of partners and affiliates whose Divazmedia sites are related. Divazmedia may also refer to other references or services it is not associated with. Divazmedia is not liable for the availability, contents, products, facilities or use of any third-party site, any website accessed from a third-party site, or any modifications or enhancements to such pages, and does not support or acknowledge any liability whatsoever. Divazmedia does not provide any guarantees regarding the content or quality of the products or services provided by such sites. Divazmedia is not responsible for webcasting or any other transmission received from any third party website. Divazmedia only provides you with these links as a convenience, and the use of any connection does not imply approval by Divazmedia of the Third Party Site, nor does it imply that Divazmedia supports, are affiliated or associated with, warrant or are legally authorized to use any trade name, registered trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the links. You accept that you bear all risks associated with accessing and using the material on a third party platform and understand that Divazmedia is not responsible for any loss or damage of any kind that you may suffer as a result of dealing with third parties. If you have any questions about such links or the material found on any such third-party site, you can contact the site administrator for the relevant third party site.
License to Use.
Divazmedia grants you a limited, personal, non-exclusive, non-transferable license to use our forms (the "Forms") for your own personal, in-house business use or, if you are a lawyer or a professional, for your client. Except as otherwise given, you accept and agree that you have no right to modify, rewrite, copy, duplicate, create derivative works of, reverse engineer, change, improve or manipulate any of the Forms in any manner whatsoever, except for amendments to fill out the Forms for your approved use. No copyright notice shall be removed from any Form.
- Rights and Responsibilities of Divazmedia. Divazmedia is not the User Content editor or author. Divazmedia takes no responsibility for any content posted by you or any third party and assumes no liability.
While we can not make an absolute system security guarantee, Divazmedia does take reasonable steps to maintain security. If you have reason to believe system security has been breached, please contact us at [email protected]
If Divazmedia's technical staff finds that files or processes belonging to a member pose a threat to the proper technical operation of the system or to the security of other members, Divazmedia reserves the right to delete those files or to stop those processes. If the Divazmedia technical staff suspects a user name is being used by someone who is not authorized by the proper user, Divazmedia may temporarily disable that user's access in order to preserve system security. In all such cases, Divazmedia will contact the member as soon as feasible.
Divazmedia has the right (but not the obligation), in our sole and absolute discretion, to edit, edit, delete, re-categorize or otherwise alter any User Content to a more appropriate location.
- Rights and Responsibilities of Divazmedia Users or Other Posters of User Content.
You are legally and ethically responsible for any User Content - writings, files, pictures or any other work - that you post or transmit using any Divazmedia service that allows interaction or dissemination of information. In posting User Content, you agree that you will not submit any content:
- That is known by you to be false, inaccurate or misleading;
- That infringes anyone’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy. Please see compliance with intellectual property laws below;
- That violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination, or false advertising). Please see compliance with export restrictions below;
- That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing, or advocates or encourages illegal conduct harmful to any individual, partnership or corporation. Please see inappropriate content below;
- That includes advertisements, spam, or content for which you were compensated or granted any consideration by any third party;
- That includes information that references other websites, addresses, email addresses, phone numbers, or other contact information;
- That contains any computer virus, worms, or other potentially damaging computer programs or files;
Authors that submit User Content and provide advice do so at their own risk.
Under Indian law, you retain copyright on all works you create and post as User Content unless you choose specifically to renounce it. In posting a work as User Content, you authorize other members who have access to that service to make personal and customary use of the work, including creating links or reposting, but not otherwise to reproduce or disseminate it unless you permit such dissemination.
You grant Divazmedia a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, to adapt, publish, translate, create derivative works from, sell, distribute and/or incorporate such content in any form, medium or technology worldwide without compensation to you. You are entitled to delete any of your work from User Content at any time.
Ratings and reviews will generally be posted in two to four business days.
You accept that Divazmedia may use your email address to notify you about the status of your review and other administrative purposes by submitting your email address in connection with your rating and review.
- No Warranty. THE SITE, APPLICATIONS, AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE OR APPLICATIONS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, DIVAZMEDIA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
DIVAZMEDIA MAKES NO WARRANTY THAT (A) THE SITE, APPLICATIONS, OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, APPLICATIONS, OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, APPLICATIONS, OR ANY MATERIALS OFFERED THROUGH THE SITE OR APPLICATIONS, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, APPLICATIONS, OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.
OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE OR APPLICATIONS IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. DIVAZMEDIA SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
NOTWITHSTANDING THE ABOVE, DIVAZMEDIA OFFERS A 60 DAY SATISFACTION GUARANTEE. THIS DISCLAIMER OF WARRANTY DOES NOT APPLY TO THE PURCHASE OF PRODUCTS OR SERVICES BY NORTH CAROLINA CONSUMERS.
- LIMITATION OF LIABILITY AND INDEMNIFICATION. EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD DIVAZMEDIA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER, IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF DIVAZMEDIA HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF DIVAZMEDIA, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- Compliance with Intellectual Property Laws. When accessing Divazmedia or using the Divazmedia legal document preparation Service, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party's copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your Divazmedia user account.
Divazmedia has adopted a policy that calls for the immediate removal of any content, article or material that has infringed the rights of Divazmedia or a third party or that generally violates the rights of intellectual property. Divazmedia's strategy is to delete any infringing content or materials and to promptly investigate these claims.
- Personal Use. The app will be made available on your own behalf for your personal use.
- Children. Minors are not qualified to use the Portal or Applications, and we request that they do not provide us with any personal data.
- Non-English-Speaking Customers. All resources on the Divazmedia platform are only available in English, including, but not limited to, questionnaires, papers, directions, and reports. Non-English translations of these Terms are given for convenience only, as are other terms, conditions, and policies. The English version is definitive and monitors should there be any confusion or disagreement between translations.
- Copyrights. All Site design, text, graphics, the selection and arrangement thereof, Copyright ©, divazmedia.com, ALL RIGHTS RESERVED.
- Attorney Access Services; Use of Term "Experience." The term "experience" or "experienced," as used on the Site, Applications, and in other communications in reference to third party attorneys participating in Divazmedia's legal plans or other attorney access services means that the legal plan primary handling partner of each law firm fulfils the following: (a) possesses a minimum of five years' experience practising law, (b) maintains errors and omissions insurance policies consistent with industry standards, (c) is in good standing with the state bar in each jurisdiction in which the attorney is licensed to practice, (d) has no pending malpractice lawsuit, as of the date of joining one of Divazmedia's legal plans, and (e) has no public record of discipline by a state bar within the last five years. The term "experience" or "experienced" is not intended to be a comparison to any other attorney's services or qualifications.
- Use of Testimonials and Media Endorsements. The media hosts on the Site endorse Divazmedia as paid spokespeople in our advertising campaigns.
- Inquiries. The media hosts on the Site endorse Divazmedia as paid spokespeople in our advertising campaigns.
- Inquiries. BY USING DIVAZMEDIA'S SERVICES OR ACCESSING THE DIVAZMEDIA SITE OR APPLICATIONS, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER TO DIVAZMEDIA VIA THE DIVAZMEDIA SITE OR APPLICATIONS CONSTITUTES AN INQUIRY TO DIVAZMEDIA, AND THAT DIVAZMEDIA MAY CONTACT YOU AT THE NUMBER SUBMITTED EVEN IF SUCH NUMBER APPEARS ON ANY STATE OR CENTRAL DO NOT CALL LISTS (TAKING INTO ACCOUNT INQUIRY EXCEPTION TIME FRAMES AS APPROPRIATE).
- Right to Refuse. You acknowledge that Divazmedia reserves the right to refuse service to anyone and to cancel user access at any time.