Effective Date: July 1, 2014

The following “Terms of Service” govern your use of the DM Cloud web site (“Service”) made available by DivorceMate Software Inc. (“DivorceMate”):

  1. Limited Licence & Use of the Service
    1. You are granted a non-exclusive, non-transferable, limited licence to access and use the Service.
    2. You agree not to reproduce, duplicate, modify, copy, alter, sell, store, sublicence, publish, lease, transfer, resell or exploit access to the Service, use of the Service, or any portion of the Service, or create derivative works thereof, without the express written permission from DivorceMate.
    3. You agree not to modify, reverse engineer, adapt or otherwise tamper with the Service or modify another website so as to falsely imply that it is associated with the Service, DivorceMate, or any other software or service provided by DivorceMate.
    4. You agree not to use the Service in any manner which may infringe copyright or intellectual property rights or in any manner which is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or in violation of these Terms of Service.
    5. The Service is protected by Canadian and international copyright laws and treaties, as well as other laws and treaties. Except for the non-exclusive licence granted pursuant to these Terms of Service, you acknowledge and agree that all ownership, right, title, interest, licence, intellectual property and other rights and interests in and to the Service shall remain solely with DivorceMate. No other rights or licences, whether express, implied, arising by estoppel or otherwise are conveyed or intended by these Terms of Service.
    6. DivorceMate reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, any feature associated with the Service, with or without notice. Continued use of the Service following any modification constitutes your acceptance of the modification.
    7. DivorceMate reserves the right to temporarily suspend access to the Service for operational purposes, including, but not limited to, maintenance, repairs or installation of upgrades, and will endeavour to provide reasonable notice prior to any such suspension.
    8. This Service is not a substitute for the professional judgment of a lawyer, mediator, accountant, tax specialist or other professional. DivorceMate does not give legal advice, nor provide legal services. You represent and warrant that you have all rights necessary to receive, use, transmit, and disclose all data that you use in any way with the Service, and you acknowledge that your reliance upon the Service is solely at your own risk.
  2. Access to the Service
    1. You are only permitted to access and use the Service if you are an Authorized User. “Authorized User” means an individual subscriber or the partners, members, employees, temporary employees, and contractors of an organization with a subscription to the Service (“Subscriber”). Authorized Users are required to provide their full legal name, a valid email address, and any other information requested by the Service.
    2. Each Authorized User will be provided with a unique identifier to access and use the Service (“Username”). The Username shall only be used by the Authorized User to whom it is assigned, and shall not be shared with, or used by any other person, including other Authorized Users.
    3. Each Subscriber shall designate at least one Authorized User as administrator for the Subscriber’s subscription (“Administrator”). Each Subscriber may have multiple Authorized Users, and the Administrator(s) will manage the list of active Authorized Users associated with the subscription. An Administrator will deactivate an active Username if the Administrator wishes to terminate access to the Service for any particular user.
    4. Subscribers are responsible for all use of the Service by Authorized Users on the list of active Authorized Users associated with their subscription to the Service.
    5. All access to and use of the Service via mechanical, programmatic, robotic, scripted or any other automated means not provided as part of the Service is strictly prohibited.
    6. DivorceMate may offer trial or free subscriptions to the Service. DivorceMate reserves the right at any time to modify or discontinue, temporarily or permanently, such subscriptions, with or without notice.
  3. Security of Usernames and Passwords
    1. Authorized Users and Subscribers shall be solely responsible for protecting the security of Usernames and passwords, or any other codes associated to the Service known to them, and for the accuracy and adequacy of personal information provided to the Service.
    2. Subscribers will implement policies and procedures to prevent unauthorized use of Usernames and passwords, and will promptly notify DivorceMate, upon suspicion that a Username or password has been lost, stolen, compromised, or misused.
    3. DivorceMate is not liable for any harm related to authorization, disclosure, misuse or theft of your Username and password. You will liable for any use of the Service through your Username and password.
  4. Payment, Refunds and Subscription Changes
    1. Your use of the Service is subject to your payment of a subscription fee. You may elect to pay an annual subscription fee or an on-going monthly subscription fee.
    2. Subscribers with paying subscriptions will provide DivorceMate with a valid credit card for payment of the annual or monthly subscription fees. All subscription fees are exclusive of all federal, state, provincial, municipal, goods and services, harmonized sales or other taxes.
    3. Subscribers with monthly subscriptions will be charged on the day the subscription is initially created on the following basis:
      1. Subscribers will thereafter be charged in advance on a monthly basis, and the charge is non-refundable;
      2. No refunds or credits will be issued for partial months of service, or refunds for months unused with an active subscription;
      3. There are no charges for canceling a subscription, and paying subscriptions cancelled prior to the end of the current month will not be charged again in the following month.
    4. Subscribers with annual subscriptions will be charged annually on the day the subscription is initially created on the following basis:
      1. Upon expiry of an annual subscription, Subscribers will have no further access to the Service unless or until such time as the annual subscription is renewed and full payment received in advance;
      2. There are no charges for canceling a subscription, although no refunds or credits will be issued for cancellation of an annual subscription prior to the expiry of the one year period, nor for any period in the year unused with an active subscription.
    5. All prices are subject to change upon notice. Such notice may be provided by an e-mail message to the Administrator, or in the form of an announcement on the Service.
  5. Cancellation and Termination
    1. Subscribers are solely responsible for canceling their subscription. Subscribers may cancel their subscription at any time by accessing the Service, and clicking on the appropriate link.
    2. DivorceMate in its sole discretion, has the right to suspend or discontinue providing the Service to any Subscriber without notice for non-compliance with these Terms of Service, and pursue any other remedy legally available to it.
    3. DivorceMate in its sole discretion, has the right to terminate these Terms of Service and/or your right to use the Service at any time, with or without cause.
    4. Upon cancellation or termination of a subscription, your access to the Service will be immediately terminated, and any files created under such subscription will be immediately, and irrevocably deleted from the Service.
    5. Clauses 1, 6, 7, 8 and 9 shall survive the expiration and/or termination of these Terms of Service for any reason whatsoever.
  6. Limited Warranty and Limitation of Liability
    1. The Service is provided on an “as is”, “as available” basis for use at your own risk, and DivorceMate expressly disclaims all warranties, including the warranties of merchantability and fitness for a particular purpose.
    2. DivorceMate, its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of DivorceMate or its affiliates does not warrant that:
      1. the Service will meet any specific requirements;
      2. the Service will be uninterrupted, timely, secure, or error-free;
      3. the Service will be free of viruses, unauthorized codes, or other harmful components;
      4. the results that may be obtained from the use of the Service will be accurate, complete, appropriate, reliable or timely;
      5. the quality of any products, services, information, or other material purchased or obtained through the Service will meet any expectations; and
      6. any errors in the Service will be corrected.
    3. DivorceMate, its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of DivorceMate or its affiliates, shall at no time be liable to you or any other individual or entity for any direct, indirect, incidental, special, compensatory, punitive, consequential or exemplary damages, including but not limited to, damages for loss of profits, business opportunities, goodwill, use, data or other intangible losses (even if DivorceMate has been advised of the possibility of such damages), resulting from:
      1. the use or the inability to use the Service;
      2. the cost of procurement of a substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service;
      3. any unauthorized access to or alteration of Authorized User transmissions or files;
      4. any price change, suspension or discontinuance of the Service;
      5. any loss of files, modification to a feature or to the Service itself;
      6. any loss of files subsequent to a cancellation or termination of a subscription to the Service;
      7. statements or conduct of any third party on the Service; or
      8. reliance on the Service, or any errors, inaccuracies, omissions, defects or failure to perform by DivorceMate as a result of use of the Service;
      9. any security breaches to/by the Service;
      10. any other matter relating to the Service.
    4. If, notwithstanding the Terms of Service, DivorceMate should have any liability to you or any third party for any loss, harm, or damage, you agree that such liability shall under no circumstances exceed the lesser of $1,000 or the fees you paid to us during the twelve months immediately preceding the day the act or omission occurred which gave rise to your claim. You agree that the foregoing limitation of liability is an agreed upon allocation of risk between you and DivorceMate which considers the fees, if any, DivorceMate charges you to use the Service. You acknowledge that absent your agreement to this limitation of liability, DivorceMate would not provide this Service to you.
  7. Confidential Personal Information
    1. The Service enables you to transmit, store and receive confidential personal information regarding you, your clients, or other persons. You represent and warrant that you will, at all times during the term of these Terms of Service and thereafter, comply with all laws directly or indirectly applicable to you that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of the confidential personal information.
    2. You represent and warrant that you will use your best efforts to cause all persons or entities under your direction or control to comply with such laws.
    3. You are, at all times during the term of these Terms of Service and thereafter, solely responsible for obtaining and maintaining all legally necessary consents or permissions, required or advisable, to disclose, process, retrieve, transmit, and view the confidential personal information that you transmit, store, or receive in connection with the Service.
    4. You agree that DivorceMate, our licensors, and all other persons or entities involved in the operation of the Service, have the right to monitor, retrieve, store and use confidential personal information in connection with the operation of the Service, and that we are acting on your behalf in transmitting confidential personal information.
    5. The security of your personal information is important to DivorceMate. DivorceMate agrees to use generally accepted industry standards and commercially reasonable efforts to maintain the security and confidentiality of such information and prevent the disclosure of such information to third parties except in connection with the transmission, storage, retrieval, and disclosure of such information on your behalf and as may be required or permitted by law. DivorceMate cannot however guarantee the absolute security of such information.
    6. DivorceMate cannot and does not assume any responsibility for your use or misuse of confidential personal information or other information transmitted, monitored, stored or received while using the Service.
  8. Indemnity
    1. You agree to defend, indemnify and hold DivorceMate harmless from any claims, losses, expenses, costs or damages (including reasonable legal fees, expert fees, and other costs of litigation) arising from, incurred as a result of, or in any manner related to:
      1. your breach of the Terms of Service;
      2. use of the Service and any services offered thereon by you or any other person using your password; and
      3. the unauthorized or unlawful use of the Service by you or any other person using your password.
  9. Miscellaneous
    1. Technical support is only provided to Authorized Users with paying subscriptions.
    2. You acknowledge and agree that DivorceMate may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
    3. You acknowledge and agree that the technical processing and transmission of data associated with the Service, including Content, may be transmitted unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
    4. The failure of DivorceMate to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
    5. The Terms of Service constitutes the entire agreement between you and DivorceMate and governs your use of the Service, superceding any prior agreements between you and DivorceMate (including, but not limited to, any prior versions of the Terms of Service).
    6. You may not assign your rights or delegate your duties under this licence to access the Service without the prior written consent of DivorceMate.
    7. These Terms of Service shall be governed by and construed in accordance with the laws of the Province of Ontario, and the federal laws of Canada applicable therein.
    8. If any provision of these Terms of Service is found to be contrary to law, the remaining provisions of these Terms of Service shall remain in full force and effect.

QUESTIONS

Please feel free to direct any questions about the Terms of Service to support at support@DivorceMate.com.

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