We’ve always been a big believer in transparency and so we want to make sure you’re aware that we have certain affiliate relationships and links on this site. If you click on a link and purchase a product, we will receive an affiliate commission. This won’t cost you anything.
Our goal with the site is to help you through all stages of divorce, but please understand we are doing this as a for-profit business.
The site has grown so big at this point that it is nearly impossible to go back through and list each and every program that we have an affiliate agreement with. Given this, you should assume that any links leading you to products or services are affiliate links that we will receive compensation from just to be safe.
Having said that, there are countless products and services on the web that relate to divorce and all related aspects. We only promote those products or services that we have investigated and truly feel deliver value to you.
If you have any questions regarding the above, please do not hesitate to contact us.
Cheers and good luck!
Terms of Service
THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
Welcome to www.survivedivorce.com (the “Site”), a website operated by Survive Divorce, LLC (“Survive Divorce”, “we”, “us”, or “our”). We provide information and analytics services to help users understand divorce-related issues and make more informed decisions (the “Services”).
SurviveDivorce.com is a private, for-profit company owned by Survive Divorce, LLC. In addition to the site terms listed below, please note that Survive Divorce, LLC is not a law firm, financial planning firm, investment advisory firm, or tax firm. The information on this site is for informational purposes only and is not to be used as a substitute for advice from a licensed professional.
By accessing or using the Site and/or Services you are accepting these Terms (on behalf of yourself or the entity that you represent) and you represent and warrant that you have the authority and capacity to enter into these Terms (on behalf of yourself or the entity that you represent). You may not access the Services if you are not at least 18 years old. If you do not agree with all of the provisions of these Terms, do not access and/or use the Site, any App, or the Services.
In addition to the Website Terms and Conditions of Use listed below, please note that SurviveDivorce.com and Survive Divorce are not attorneys, CPAs, or tax professionals. While our founder is a financial professional, the commentary on this website should not be regarded as a description of services provider by his employer, its affiliates, or any entity in which he has a financial interest. The opinions expressed on this website are for general informational purposes only and are not intended to provide specific advice or recommendations for any individual. It is only intended to provide education about divorce-related issues. Nothing on this site shall be construed as financial, tax, or legal advice. Further, nothing on this website constitutes investment advice, performance data or any recommendation that any particular security, portfolio of securities, transaction or investment strategy is suitable for any specific person. Any mention of a particular security and related performance data is not a recommendation to buy or sell that security. Investments in securities involve the risk of loss, and past performance is not a guarantee of future results. The information on this Website is for informational purposes only and is not to be used as a substitute for advice from a licensed professional. Decisions in the areas including, but not limited to, insurance, law, tax, accounting, finance, and mental health may require the advice of a licensed professional. We strongly encourage you to seek the advice of a licensed professional prior to taking any action.
Website Terms and Conditions of Use
- Use License.
To the best of its knowledge, Survive Divorce owns or has the right to use all of the data, materials, software information, trademarks, service marks, text, images or other content contained on the Website (the “Content”). In connection with using the Website, we grant to you a revocable, non-exclusive, non-transferable, non-sublicensable, limited license to access the Website and its Content. This license further gives you permission to temporarily download one copy of the Content on the Website for personal, non-commercial transitory viewing only. This license grant is not a transfer of title, and under this license you may not, except as expressly stated above:
modify or copy the Content;
use the Content for any commercial purpose, or for any public display (commercial or non-commercial);
attempt to decompile or reverse engineer any of the Content (including software) contained on the Website;
remove any copyright or other proprietary notations from the Content; or
transfer the Content to another person or “mirror” the Content on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Eligibility at any time in its sole discretion. Upon terminating your viewing of the Content or upon the termination of this license, you must destroy any downloaded Content in your possession whether in electronic or printed format.
- GENERAL RULES OF USER CONDUCT.
It is our goal to make access to our Site and Services a good experience for all of our users. You agree not to, and represent and warrant that you will not, reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or Services, use of the Site or Services or access to the Site or Services for any purposes other than for which the Site or Services are being provided to you, or do any of the following:
Conduct or promote any illegal activities while using the Site or Services;
Upload, distribute or print anything that may be harmful to minors;
Violate the rights of any third party, including any intellectual property rights;
Attempt to reverse engineer or jeopardize the correct functioning of the Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;
Attempt to gain access to secured portions of the Site or Services to which you do not possess access rights;
Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
Use the Site or Services to generate unsolicited email advertisements or spam;
Use the Site or Services to stalk, harass or harm another individual;
Use any high volume automatic, electronic or manual process to access, search or harvest information from the Site or Services (including without limitation robots, spiders or scripts);
Interfere in any way with the proper functioning of the Site and Services or interfere with or disrupt any servers or networks connected to the Site or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Services;
Use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on the Site or the Content contained on any such web page for commercial use without our prior express written permission;
Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or Mirror or frame the Site or any Content, place pop-up windows over its pages, or otherwise affect the display of its pages.
You may be able to post your ideas, comments or content to the Site, including a response to one of our blogs. When doing so You represent and warrant that You will not post or use any content that:
Infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others;
Violates the privacy, publicity, or other rights of third parties or any other law, statute, ordinance or regulation;
Is false or inaccurate or becomes false or inaccurate at any time;
Is discriminatory, unlawful, tortious, obscene, fraudulent, defamatory, harmful, threatening, pornographic, indecent, vulgar, harassing, discourteous, hateful, abusive or racially, ethnically, religiously, sexually or otherwise offensive, as determined by us in our sole discretion;
Misrepresents the source of the Content;
Discloses or provides information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others, insider information or material, non-public information;
Misrepresents Your identity in any way;
Contains any viruses, Trojan horses, spyware, malware, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
Advocates or encourages any illegal activity; or
Has the potential to create liability for us or cause us to violate the requirements of or to lose the services, in whole or in part, of our Internet service providers or other suppliers.
- PAYMENT TERMS.
If you purchase any Service through the Site, you agree to pay any fees set forth at check-out. We utilize a third party (“Payment Provider”) to process payments. You must provide our Payment Provider with a valid credit card (Visa, MasterCard or any other issuer accepted by us) as a condition to such transactions. The Payment Provider’s policies govern the processing of your payment, and you must refer to those policies and not these Terms to determine your rights and liabilities. By providing your credit card number and associated payment information through the Site and Service, you authorize us through our Payment Provider to immediately invoice you for all fees and charges due and payable to us hereunder, and you agree that no additional notice or consent is required. We reserve the right at any time to change our payment terms, either immediately upon posting on the Site, by email delivery to you or any other reasonable method of communication.
The service fees are net of any applicable sales tax. If the fees are subject to Sales Tax in any jurisdiction, you will be responsible for payment of such Sales Tax, and any related penalties or interest and will indemnify us for any liability or expense we may incur in connection with such Sales Taxes. For purposes of these Terms, “Sales Tax” will mean any sales or use tax, and any other tax measured by sales proceeds, that we are permitted to pass to you that is (a) the functional equivalent of a sales tax and (b) the applicable taxing jurisdiction does not otherwise impose a sales or use tax. We may automatically charge and withhold such taxes within any jurisdictions that it deems is required.
- DON’T BE OFFENDED.
THE CONTENT ON THE SURVIVEDIVORCE.COM WEBSITE, INCLUDING BUT NOT LIMITED TO ANY INFORMATION OR ADVICE THAT MAY BE GIVEN, IS PROVIDED “AS IS,” AND ALL USE OF THE WEBSITE OR ITS CONTENT IS AT YOUR OWN RISK. SURVIVE DIVORCE MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. SURVIVE DIVORCE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE CONTENT ON THE WEBSITE OR OTHERWISE RELATING TO SUCH CONTENT OR ANY CONTENT ON ANY THIRD PARTY SITES LINKED TO THIS WEBSITE. YOUR RELIANCE ON THE ACCURACY OF ANY CONTENT ON THE WEBSITE TO MAKE ANY LEGAL, FINANCIAL, TAX, OR OTHER DECISIONS IS AT YOUR OWN RISK. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT SURVIVE DIVORCE DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS, OMISSIONS, VIRUSES, OR OTHER HARMFUL COMPONENTS.
STATEMENTS FROM THIRD-PARTY SITES MAY CONTAIN OPINIONS, VIEWPOINTS, ADVICE, OFFERS, OR OTHER THIRD-PARTY CONTENT. RELIANCE ON ALL SUCH THIRD-PARTY CONTENT IS AT YOUR OWN RISK AND SHOULD NOT NECESSARILY BE RELIED UPON. SUCH THIRD PARTY SITES ARE SOLELY RESPONSIBLE FOR SUCH CONTENT. SURVIVE DIVORCE DOES NOT: (I) GUARANTEE THE ACCURACY, LEGITIMACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY CONTENT ON A THIRD PARTY SITE, OR (II) ADOPT, ENDORSE, OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY THIRD-PARTY OPINION, ADVICE, OR STATEMENT FROM A THIRD PARTY SITE. UNDER NO CIRCUMSTANCES WILL ELIGIBILITY BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES RESULTING FROM YOUR RELIANCE ON THIRD-PARTY STATEMENTS OR OTHER CONTENT ACCESSIBLE BY A LINK ON THE WEBSITE.
- NOT AN ATTORNEY, FINANCIAL PLANNER, INVESTMENT ADVISOR, BROKER OR TAX ADVISOR.
SurviveDivorce.com IS NOT INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE. Survive Divorce IS NOT AN ATTORNEY, FINANCIAL PLANNER, BROKER OR TAX ADVISOR. The Site and Service is intended only to assist you in your understanding of divorce and is broad in scope. Your personal legal and financial situation is unique, and any information and financial, investment, legal, or tax strategies obtained through SurviveDivorce.com may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any strategy, you should consider obtaining additional information and advice from your attorney, accountant or other financial advisers who are fully aware of your individual circumstances. WE ARE NOT LIABLE FOR ANY ACTION YOU TAKE OR FAIL TO TAKE BASED UPON INFORMATION YOU RECEIVED THROUGH THE SITE AND SPECIFICALLY WE ARE NOT LIABLE FOR ANY LOSSES YOU SUFFER AS A RESULT OF ANY SUCH ACTION OR INACTION. The site is provided as a convenience and all content is for informational purposes only. It is not intended to be used to replace any other decisioning method or tool that you use and should not be used to provide legal, tax, or financial services to third parties, such as clients or customers. None of the content on SurviveDivorce.com is legal advice and the reader should not rely upon it as such. Users should seek advice from an attorney and no attorney/client relationship is formed or implied.
- LIMITATION OF LIABILITY.
YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE SITE AND TO PROVIDE THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST OPPORTUNITIES, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY) ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY IN CONNECTION WITH ANY ACT OR OMISSION OF ANY USER OF THE SITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND THE SERVICES. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
You agree to indemnify, defend and hold harmless Survive Divorce, our parents, subsidiaries, affiliates, owners, officers, directors, co-branders and other partners, employees, consultants and agents, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from: (i) your use of the Content, Site, or Services; (ii) your violation of the Agreement, (iii) your violation of any rights of any other person or entity; or (iv) any viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines input by you into the Site or Services.
- REVISIONS AND ERRATA.
The Content appearing on the SurviveDivorce.com Website could include technical, typographical, or photographic errors. Survive Divorce does not warrant that any of the Content is accurate, complete, or current. Survive Divorce may make changes to the Content at any time without notice to you. Survive Divorce does not, however, make any commitment to update the Content.
- THIRD PARTY SITE LINKS.
Survive Divorce has not reviewed all of the websites linked to the SurviveDivorce.com Website and is not responsible for the contents of any such linked site. Links to other websites or Internet locations controlled, owned, and operated by third parties (“third party sites”) from the Website have been provided for your convenience. The inclusion of any link to a third party site does not imply endorsement, sponsorship or approval by Survive Divorce of the third party site. Survive Divorce has no control for the content or accuracy of the content of any such third party site or location. Your use of any such linked third party site is at your own risk.
- THIRD PARTY CONTENT AND OTHER WEBSITES.
Content from advertisers and other third parties may be made available to you through the Site and/or Services. Survive Divorce has not reviewed all of the websites linked to the SurviveDivorce.com Website and is not responsible for the contents of any such linked site. Links to other websites or Internet locations controlled, owned, and operated by third parties (“third party sites”) from the Website have been provided for your convenience. The inclusion of any link to a third party site does not imply endorsement, sponsorship or approval by Survive Divorce of the third party site. Your use of any such linked third party site is at your own risk. Because WE DO NOT control such content, you agree that we ARE NOT responsible for any such content. WE DO NOT MAKE ANY guarantees about the accuracy, currency, suitability, or quality of the information in such content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by other users, advertisers, and other third parties OR VIOLATION OF ANY THIRD PARTY RIGHTS RELATED TO SUCH CONTENT. The Site and Services may contain links to websites not operated by US. We are not responsible for the content, products, materials, or practices (including privacy practices) of such websites. You understand that by using the Site and/or Services you may be exposed to third-party websites that you find offensive, indecent or otherwise objectionable. We make no warranty, representation, endorsement, or guarantee regarding, and accept no responsibility for, the quality, content, nature or reliability of third party websites, products or services accessible by hyperlink OR OTHERWISE from the Site or Services. We provide these links for your convenience only and we do not control such websites. Our inclusion of links to such websites does not imply any endorsement of the materials on such third party websites or any association with their operators. The Site and Services may contain links to websites THAT ARE operated by US BUT WHICH OPERATE UNDER DIFFERENT TERMS OF SERVICE. It is your responsibility to review the privacy policies and Terms of Service of any other website you visit. You agree that in no event will we be liable to you in connection with any websites, content, products, materials, or practices of any third party.
- ELECTRONIC COMMUNICATIONS.
We can only give you the benefits of our service by conducting business through the Internet, and therefore we need you to consent to our giving you Communications electronically. For contractual purposes, you: (i) consent to receive Communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications (“Communications”) that we provide to you electronically satisfy any legal requirement that such Communications would satisfy if it were in a writing. Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. The foregoing does not affect your non-waivable rights. You may also receive a copy of the Agreement by accessing this Site. You may withdraw your consent to receive Communications electronically by contacting us in the manner described below. If you withdraw your consent, from that time forward, you must stop using the Site and Services. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic Communications provided or business transacted between us prior to the time you withdraw your consent. Please keep us informed of any changes in your email or mailing address so that you continue to receive all Communications without interruption.
- COPYRIGHT VIOLATIONS.
We respect the intellectual property of others, and we ask You to do the same. If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that You claim has been infringed;
A description of where the material that You claim is infringing is located on the Site, Apps, or Services;
Your address, telephone number, and email address;
A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or are authorized to act on the copyright owner’s behalf.
For notice of claims of copyright infringement on the Site or the Services, We can be reached by mail at: Copyright Agent, Survive Divorce, LLC, 1912 White Oak Way, San Carlos, CA 94070 or by email at [email protected] with the subject “Copyright Infringement.”
Survive Divorce reserves the right to revise this Agreement, including the Terms and Conditions of Use, at any time without notice to you in its sole discretion. By using the Website you are agreeing to be bound by the then current version of the Agreement, including the Terms and Conditions of Use. Accordingly, we encourage you to visit this section of the Website regularly to remain informed of any changes.
In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to Survive Divorce, the Site or the Services (collectively “Feedback”), you agree we may use the Feedback to modify our products and services and that you will not be due any compensation, including any royalty related to the product or service that incorporates your Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Site or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.
- NOTICE; VIOLATIONS.
We may give notice to you by email, a posting on the Site, or other reasonable means. You must give notice to us in writing via email to [email protected] or as otherwise expressly provided. Please report any violations of the Agreement to [email protected].
- DISPUTE RESOLUTION.
Except for a claim by Survive Divorce of infringement or misappropriation of Survive Divorce’s patent, copyright, trademark, or trade secret, any and all disputes between you and Survive Divorce arising under or related in any way to these Terms must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of the Site or Services.
YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND SURVIVE DIVORCE ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND SURVIVE DIVORCE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
(a) Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and us and our employees, agents, successors, or assigns, regarding or relating to these the Services or these Terms, shall exclusively be settled through binding and confidential arbitration.
(b) Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”) or JAMS. As modified by these Terms, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s or JAMS’s rules for commercial arbitration and, if the arbitrator deems them applicable, the procedures for consumer-related disputes.
(c) You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
(d) You and we must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF, (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (4) we also reserve the right in our sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (5) the arbitrator shall honor claims of privilege and privacy recognized at law; (6) the arbitrator’s award shall be final and may be enforced in any court of competent jurisdiction; (7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (8) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees’ and litigation expenses, and then in such instance, the fees and costs awarded shall be determined by the applicable law.
(e) Notwithstanding the foregoing, either you or we may bring an individual action in small claims court. Further, claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in San Mateo County, California. Additionally, notwithstanding these Terms to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in San Mateo County, California in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within San Mateo County, California for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
(f) With the exception of subparts (1) and (2) in the paragraph 20(d) above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Agreement, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subparts (1) and (2) in the paragraph 20(d) (prohibiting arbitration on a class or collective basis) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor we shall be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court in San Mateo County, California.
(g) Notwithstanding any provision in these Terms to the contrary, if we seek to terminate the Dispute Resolution section as included in the Agreement, any such termination shall not be effective until 30 days after the version of the Agreement not containing the agreement to arbitrate is posted to the Site, and shall not be effective as to any claim of which you provided us with written notice prior to the date of termination. For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at www.adr.org. For more information on JAMS, it’s Rules and Procedures, and how to file an arbitration claim, you may call JAMS at 800-352-5267 or visit the JAMS website at www.jamsadr.com.
- GENERAL TERMS.
You are responsible for compliance with all applicable laws. The Terms of Service and the relationship between you and Survive Divorce will be governed by the laws of the State of California, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state. Any legal action, suit or proceeding arising out of or relating to the Terms of Service, or your use of the Site or Services must be instituted exclusively in the federal or state courts located in San Mateo County, California and in no other jurisdiction. You further consent to exclusive personal jurisdiction and venue in, and agree to service of process issued or authorized by, any such court. The Agreement are personal to you, and you may not transfer, assign or delegate your right and/or duties under the Agreement to anyone else and any attempted assignment or delegation is void. You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder. The paragraph headings in the Agreement, shown in boldface type, are included only to help make the Agreement easier to read and have no binding effect. Any delay or failure by us to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default. The Agreement constitute the complete and exclusive agreement between you and us with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision of the Terms of Service will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of the Agreement will continue in full force and effect.
LAST UPDATED: November 12, 2018