TERMS OF SERVICE

The Complete Divorce


THE AGREEMENT: The use of this online course, website, mobile applications, and services on this website (www.thecompletedivorce.com and www.thecompletedivorce.thinkific.com) are provided by The Complete Divorce, (hereinafter referred to as "Company") are subject to the following Terms of Service (“Term"), all parts and sub-parts of which are specifically incorporated by reference here. The Terms shall govern the use of all pages on this website (hereinafter collectively referred to as "Website") and any services provided by or on this Website ("Services").


1) DEFINITIONS

The parties referred to in these Terms shall be defined as follows:

a) Company, Us, We: The Company, as the creator, operator, and publisher of the Online Course, makes the Website, and certain Services on it, available to users. Dina Haddad, Company, Us, We, Our, Ours and other first-person pronouns will refer to the Company, as well as all employees and affiliates of the Company.

b) You, the User, the Client: You, as the user of the Website, will be referred to throughout these Terms with second-person pronouns such as You, Your, Yours, or as User or Client.

c) Parties: Collectively, the parties to these Terms (the Company and You) will be referred to as Parties.


2) ASSENT & ACCEPTANCE

By using the Online Course and Website, You warrant that You have read and reviewed these Terms and that You agree to be bound by it. If You do not agree to be bound by these Terms, please leave the Website immediately. The Company only agrees to provide use of this Website and Services to You if You assent to these Terms.

The information, including all online courses, provided on this website is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of this website, including via the online courses. This website, including the online courses, is designed for informational purposes only and is not to be construed as rendering legal advice or accepting fees for legal advice. All courses, templates, documents, forms and other materials accessible through this website are for demonstrative purposes. Your use of this website constitutes acceptance of the Terms and Conditions, Privacy Policy, and Online Course Agreement.

Through your use of this website, you acknowledge and agree that information and/or documents provided by the Company are simply that, information, and should not be considered legal advice, tax advice, brokerage advice, or investment advice. Further, the information provided herein should not be taken as financial planning or investment solicitation. No fiduciary relationship has been created between you and the Company.

You hereby understand and acknowledge that the Company is not acting as an attorney, certified financial planner, broker, or other regulated advisor through your use of the website. The Company is not a lawyer or law firm, and the legal system is inherently personal, no general information or online course can be appropriate for every circumstance.

If you are in need of legal advice or financial advice, please consult the appropriate advisor, such as your own licensed attorney, accountant, or other professional.


3) LICENSE TO USE WEBSITE

The Company may provide You with certain information as a result of Your use of the Website or Services. Such information may include, but is not limited to, documentation, data, or information developed by the Company, and other materials which may assist in Your use of the Website or Services ("Company Materials"). Subject to these Terms, the Company grants You a non-exclusive, limited, non-transferable and revocable license to use the Company Materials solely in connection with Your use of the Website and Services for three years from the creation of your account. The Company Materials may not be used for any other purpose, and this license terminates upon Your cessation of use of the Website or Services or at the termination of these Terms (three years from the creation of your account, termination of your account based on violation of the Terms or Online Course Agreement, or other reason).


4) INTELLECTUAL PROPERTY

You agree that the Website and all Services provided by the Company are the property of the Company, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Company IP"). You agree that the Company owns all right, title and interest in and to the Company IP and that You will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company.

a) In order to make the Website and Services available to You, You hereby grant the Company a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of any content You publish, upload, or otherwise make available to the Website ("Your Content"). The Company claims no further proprietary rights in Your Content.

b) If You feel that any of Your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of Our users, please contact Us and let Us know.

 
5) USER OBLIGATIONS

As a user of the Website or Services, You may be asked to register with Us. When You do so, You will choose a user identifier, which may be Your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, Your name. You are responsible for ensuring the accuracy of this information. This identifying information (login information) will enable You to use the Website and Services. You may also receive a login information for your spouse to access the website and online course. You must not share such identifying information with any third party (excluding your spouse) and your spouse shall be subject to the same rules and restrictions as stated here in the “Terms of Service.” Outside of providing your spouse his or her login information, sharing your identifying information or your spouse’s identifying information, with any third-party subjects you to penalties and fees, including payment to the Company the income the Company would have earned if the third party purchased and created his or her own account. Additionally, upon the Company’s belief that your identifying information has been shared or compromised, we have the right to terminate your account and You shall surrender all rights and benefits with the Company, including access to the Website, immediately. You shall not be entitled to a refund of any kind. Further, if You discover that Your identifying information has been compromised, You agree to notify Us immediately in writing. Email notification will suffice. You are responsible for maintaining the safety and security of Your identifying information as well as keeping Us apprised of any changes to Your identifying information. Providing false or inaccurate information, or using the Website or Services to further fraud or unlawful activity is grounds for immediate termination of these Terms. We also reserve the right to refuse to grant you a username or revoke your username for any reason in our sole discretion, including in the event that we determine that such username impersonates someone else, is illegal, vulgar or otherwise offensive, or is protected by trademark or other proprietary rights law, or otherwise may cause confusion.

You agree that you will: (a) provide true, accurate, current and complete information when prompted (e.g., at registration); and (b) maintain and update such information so that it is true, accurate, current, and complete at all times, including your credit card information when required. You are responsible for obtaining and maintaining any equipment and services (e.g., mobile phone and wireless service) needed in order to access and use the Company and for paying all related charges.


6) ACCEPTABLE USE

You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of the Company.

a) You further agree not to use the Website or Services to:


7) AFFILIATE MARKETING & ADVERTISING

The Company, through the Website and Services, may engage in affiliate marketing whereby the Company receives a commission on or percentage of the sale of goods or services on or through the Website. The Company may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation. This disclosure is intended to comply with the US Federal Trade Commission Rules on marketing and advertising, as well as any other legal requirements which may apply.


 8) PRIVACY INFORMATION

Through Your Use of the Website and Services, You may provide Us with certain information. By using the Website or the Services, You authorize the Company to use Your information in the United States and any other country where We may operate.

a) Information We May Collect or Receive: When You register for an account, You provide Us with a valid email address and may provide Us with additional information, such as Your name or billing information. Depending on how You use Our Website or Services, We may also receive information from external applications that You use to access Our Website, or We may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.

b) How We Use Information: We use the information gathered from You to ensure Your continued good experience on Our website, including through email communication. We may also track certain aspects of the passive information received to improve Our marketing and analytics, and for this, We may work with third-party providers.

c) How You Can Protect Your Information: If You would like to disable Our access to any passive information We receive from the use of various technologies, You may choose to disable cookies in Your web browser. Please be aware that the Company will still receive information about You that You have provided, such as Your email address. If You choose to terminate Your account, the Company will store information about You for a reasonable time. After that time, it will be deleted.

Please review our Privacy Policy for more details.


9) ASSUMPTION OF RISK

The Website and Services are provided for communication purposes only. You acknowledge and agree that any information posted on Our Website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between You and the Company. You further agree that Your purchase of any of the products on the Website is at Your own risk. The Company does not assume responsibility or liability for any advice or other information given on the Website.

At any time, we may terminate your access to all or a part of the Website or Service, for any reason, with or without notice. You agree that the Company shall not be liable to you or any third party for removing your (or any other person’s) user submissions or feedback or suspending or terminating your (or any other person’s) access to the Service.


10) SALES

The Company may sell goods or services or allow third parties to sell goods or services on the Website. The Company undertakes to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, the Company does not guarantee the accuracy or reliability of any product information, and You acknowledge and agree that You purchase such products at Your own risk.

11) SHIPPING/DELIVERY/RETURN POLICY

You agree to ensure payment for any items You may purchase from Us, and You acknowledge and affirm that prices are subject to change. All payments for Company courses and products are 100% non-refundable. If you elect a payment plan option, you guarantee full and complete payment and maintaining an active non-expired credit card on file.  We also may request additional information from You prior to confirming a sale, and We reserve the right to place any additional restrictions on the sale of any of Our products. For the sale of digital products, We will charge Your credit or debit card, either in full or monthly dependent on the purchase plan, when the product is made available to You for digital use and/or download. For any questions, concerns, or disputes, You agree to contact Us in a timely manner at the following: [email protected].



12) REVERSE ENGINEERING & SECURITY

You agree not to undertake any of the following actions:

a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Services;

b) Violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.

c) Copy or otherwise distribute copies of the Software unlawfully, such as through any peer-to-peer network or other intellectual property circumvention tool.

d) Download, record, or otherwise copy any content from the Website that is made available to You.

Any of these actions will subject you to penalties and fees. 


13) DATA LOSS

The Company does not accept responsibility for the security of Your account or content. You agree that Your use of the Website or Services is at Your own risk.


14) INDEMNIFICATION

You agree to defend and indemnify the Company and any of its affiliates (if applicable) and hold Us harmless against any and all  claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and costs) that they may incur as a result of or arising from Your use or misuse of the Website or Services, Your breach of The Terms, or Your conduct or actions. You agree that the Company shall be able to select its own legal counsel and may participate in its own defense, if the Company wishes.


15) SPAM POLICY

You are strictly prohibited from using the Website or any of the Company's Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.


16) THIRD-PARTY LINKS & CONTENT

The Company may occasionally post links to third party websites or other services. You agree that the Company is not responsible or liable for any loss or damage caused as a result of Your use of any third party services, content, information, software, materials or other practices of any third-party, including any product or service advertised or offered by a third party through the Company or any links on the Company’s Site.


17) MODIFICATION & VARIATION

The Company may, from time to time and at any time without notice to You, modify these Terms. You agree that the Company has the right to modify the Terms or revise anything contained herein. You further agree that all modifications to this Terms are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of the Terms, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Terms.

a) To the extent any part or sub-part of these Terms is held ineffective or invalid by any court of law, You agree that the prior, effective version of this Terms shall be considered enforceable and valid to the fullest extent.

b) You agree to routinely monitor these Terms and refer to the Effective Date posted at the top of these Terms to note modifications or variations. You further agree to clear Your cache when doing so to avoid accessing a prior version of these Terms. You agree that Your continued use of the Website after any modifications to these Terms is a manifestation of Your continued assent to these Terms.

c) In the event that You fail to monitor any modifications to or variations of these Terms, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified these Terms.


18) ENTIRE AGREEMENT

The Terms constitute the entire understanding between the Parties with respect to any and all use of this Website. These Terms supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.


19) SERVICE INTERRUPTIONS

The Company may need to interrupt Your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.


20) TERM, TERMINATION & SUSPENSION

The Company may terminate these Terms with You at any time for any reason, with or without cause. The Company specifically reserves the right to terminate these Terms if You violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If You have registered for an account with Us, You may also terminate these Terms at any time by contacting Us and requesting termination. At the termination of these Terms, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.


21) NO WARRANTIES

You agree that Your use of the Website and Services is at Your sole and exclusive risk and that any Services provided by Us are on an "As Is" basis. The Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Company makes no warranties that the Website or Services will meet Your needs or that the Website or Services will be uninterrupted, error-free, or secure. The Company also makes no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. You agree that any damage that may occur to You, through Your computer system, or as a result of loss of Your data from Your use of the Website or Services is Your sole responsibility and that the Company is not liable for any such damage or loss.


22) LIMITATION ON LIABILITY

The Company is not liable, under any theory of liability (contract, tort, statutory or otherwise) for any damages that may occur to You as a result of Your use of the Website or Services, to the fullest extent permitted by law. The maximum liability of the Company arising from or relating to these Terms is limited to the greater of one hundred ($100) US Dollars or the amount You paid to the Company in the last six (6) months. This section applies to any and all claims by You, including, but not limited to, lost profits or revenues, profits, or goodwill; consequential or punitive damage; negligence; strict liability; fraud; torts of any kind; or other intangible losses (even if such parties were advised of, knew or should have known of the possibility of such damages ). Except as permitted by law, nothing in this paragraph is intended to modify the provisions of California Business and Professions Code Sections 6400, Et. Seq.


23) GENERAL PROVISIONS:

a) LANGUAGE: All communications made or notices given pursuant to these Terms shall be in the English language.

b) JURISDICTION, VENUE & CHOICE OF LAW: Through Your use of the Website or Services, You agree that the laws of the State of California shall govern any matter or dispute relating to or arising out of these Terms, as well as any dispute of any kind that may arise between You and the Company, with the exception of its conflict of law provisions. In case any litigation specifically permitted under these Terms is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: Santa Clara County, California. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.

c) ARBITRATION: In case of a dispute between the Parties relating to or arising out of these Terms, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the following county: Santa Clara County. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of these Terms, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the following state: California. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Company will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of these Terms, waive any rights they may have to a jury trial in regard to arbitral claims.

d) ASSIGNMENT: These Terms, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by You. Should these Terms, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by the Company, the rights and liabilities of the Company will bind and inure to any assignees, administrators, successors, and executors.

e) SEVERABILITY: If any part or sub-part of these Terms is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of these Terms shall continue in full force.

f) NO WAIVER: In the event that We fail to enforce any provision of these Terms, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of these Terms will not constitute a waiver of any other part or sub-part.

g) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under these Terms are for convenience and organization, only. Headings shall not affect the meaning of any provisions of these Terms.

h) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of these Terms. No Party has any authority to bind the other to third parties.

i) FORCE MAJEURE: The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.

j) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under these Terms, including e-mail or fax. For any questions or concerns, please email Us at the following address: [email protected].

The effective date of these Terms is May 23, 2019.