TERMS OF USE AGREEMENT

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

Thank you for using DivorceNM.com. These Terms of Use (“Terms”) cover your use and access to the software, services and platform (collectively, “Services”) provided by DivorceNM.com. By using these Services, you agree to be bound by these Terms as well as our Privacy Policy. Please note that the headers provided herein are for organizational purposes and convenience and are not legally binding or otherwise intended to modify these Terms in any way. In these Terms of Use, the words “you” and “your” refer to each customer, Site visitor, or Application user, “we”, “us” and “our” refer to DivorceNM.com and “Services” refers to all services provided by us.

It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, do not use this Site or any Applications. We may revise these Terms of Use at any time without notice to you. If you have any questions about these Terms of Use, please contact our Office.

YOU AGREE THAT BY USING THE SITE, ANY APPLICATIONS, AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.

1. What is DivorceNM.Com
With DivorceNM.com, you will have the resources to represent yourself in court and have access to the advice of an attorney. You will be guided through our easy to follow instructions on the preparation of your legal documents. Through the NM Legal Resource Group, LLC, you will have the opportunity to obtain personal service and advice of lawyer. You will also have the option to maintain your own legal library on each of the documents you prepare.

Note that DivorceNM.com is not a law firm or an attorney, and you will need to consult with an attorney should you desire direct legal representation.

At any time, you can seek mediation services to resolve the matter. With DivorceNM.com, you will be able to schedule sessions with an experienced mediator to sit with you and the other party to explore the settlement of the matter. Why spend a small fortune paying for attorney’s fees when you can handle your case on your own? Through DivorceNM.com you will learn about the law, your rights, and what is expected of you and the other party. You will be given the tools needed to protect your rights. If at any time you wish to hire an attorney, referrals to highly experienced attorneys are readily available. DivorceNM.com is not a substitute for an attorney or obtaining individual legal advice. DivorceNM.com is not a law firm and is not engaging in the practice of law. If you choose to use our lawyer-assisted services, those services would be between you and the lawyer and the rules of professional conduct govern those services.

2. DivorceNM.Com Documents
Communications between you and DivorceNM.com are protected by our Privacy Policy, but not by the attorney-client privilege or as work product. DivorceNM.com provides access to independent attorneys and self-help services at your specific direction. We are not a law firm or a substitute for an attorney or law firm. We cannot provide any kind of advice, explanation, opinion, or recommendation about possible legal rights, remedies, defenses, options, selection of forms or strategies. DivorceNM.com has partnered with the NM Legal Resource Group, LLC. for attorney services. Your access to our website is subject to our Terms of Use.

This Site and Applications are not intended to create any attorney-client relationship, and your use of DivorceNM.com does not and will not create an attorney-client relationship between you and DivorceNM.com. Instead, you are and will be representing yourself in any legal matter you undertake through DivorceNM.com’s legal document service.

From time to time, DivorceNM.com may perform certain attorney access services and introduce our visitors to attorneys through various methods, including but not limited to (i) consultations with our partner, NM Legal Resource Group, LLC, (ii) third party attorney directory listings, and (iii) third party limited scope agreements. At no time is an attorney-client relationship fostered or created with DivorceNM.com through the performance of any such services.

The Site includes general information on commonly encountered issues (both legal and otherwise) for families going through divorce. DivorceNM.com strives to keep its legal documents accurate, current and up-to-date. However, because the law changes rapidly, DivorceNM.com cannot guarantee that all of the information on the Site or Applications is completely current. The law and/or procedures are different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. Involvement with law and the legal system is a personal matter, and no general information or technological tool like the kind DivorceNM.com provides can fit every circumstance. Please be aware, 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, for legal advice for your specific situation, you should consult a licensed attorney in your area.

The DivorceNM.com Services also include a review of your answers for completeness, spelling, and for 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, defenses, options, selection of forms, or strategies, or apply the law to the facts of your particular situation. DivorceNM.com is not a law firm and may not perform services performed by an attorney. DivorceNM.com, its Services, and its forms or templates are not a substitute for the advice or services of an attorney.

DivorceNM.com, its Site, Applications, and Services are not substitutes for the advice of an attorney. If you decide to engage an attorney as a mediator to work with you using the DivorceNM.com Site, Applications, and Services, by doing so you will not form an attorney-client relationship with DivorceNM.com

3. Privacy Policy.
DivorceNM.com respects your privacy and permits you to control the treatment of your personal information. DivorceNM.com’s Privacy Policy is expressly incorporated into this Agreement by reference.

When you subscribe to our newsletter, use or access certain portions of the Site, Applications, or the Services, request information from us, or otherwise engage with the Site, Applications or Services, you must provide complete and accurate information as requested on any applicable form. You may also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use a third party’s login, user name or password at any time. You agree to notify DivorceNM.com immediately of any unauthorized use of your login, user name or password. DivorceNM.com shall not be liable for any losses you incur as a result of someone else’s use of your login or password, either with or without your knowledge. You may be held liable for any losses incurred by DivorceNM.com, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else’s use of your login or password.

In connection with the use of certain DivorceNM.com Applications or Services, you may be asked to provide personal information in a questionnaire, application, form or similar document or service. This information will be protected pursuant to our Privacy Policy. In addition, you grant DivorceNM.com a worldwide, royalty-free, nonexclusive, and fully sub-licensable license to use, distribute, reproduce, modify, publish and translate this personal information solely for the purpose of enabling your use of the applicable services and/or applications.

4. Ownership.
This Site and Applications are owned and operated by NM Legal Resource Center, Inc. dba DivorceNM.com. All right, title and interest in and to the materials provided on this Site and Applications, including but not limited to information, documents, logos, graphics, sounds and images (the “Materials”) are owned either by belong to the NM Legal Resource Center, Inc., dba DivorceNM.com. or by our respective third party authors, developers or vendors (“Third Party Providers”). Except as otherwise expressly provided by DivorceNM.com, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site or on any Applications shall be construed to confer any license under any of DivorceNM.com ’s intellectual property rights, whether by estoppel, implication or otherwise. DivorceNM.com reserves any rights not expressly granted herein.

5. Limited Permission to Download.
DivorceNM.com hereby grants you permission to download, view, copy and print the Materials on any single, stand-alone computer solely for your personal, informational, non-commercial use, provided that (i) where provided, the copyright and trademark notices appearing on any Materials not be altered or removed, (ii) the Materials are not used on any other website or in a networked computer environment and (iii) the Materials are not modified in any way, except for authorized editing of downloadable forms for personal use. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms of Use. On any such termination, you agree to immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Site or Applications may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes.

6. Links to Third Party Sites.
This Site and Applications may contain links to websites controlled by parties other than DivorceNM.com (each a “Third Party Site”). DivorceNM.com works with a number of partners and affiliates whose sites are linked with DivorceNM.com. DivorceNM.com may also provide links to other citations or resources with whom it is not affiliated. DivorceNM.com is not responsible for, do not necessarily share the opinions of, and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. DivorceNM.com makes no guarantees about the content or quality of the products or services provided by such sites. DivorceNM.com is not responsible for webcasting or any other form of transmission received from any Third Party Site. DivorceNM.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by DivorceNM.com of the Third Party Site, nor does it imply that DivorceNM.com sponsors, is affiliated or associated with, guarantees, or is 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 acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that DivorceNM.com is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.

7. Use of DivorceNM.com Applications, Forms.
On our Site, through our Applications, we offer “fill in the blank” forms. If you use or download a form from our Site or Applications, the terms and conditions of these Terms of Use control. You understand that your download and/or use of a form document is neither legal advice nor the practice of law, and that each form and any applicable instructions or guidance is not customized to your particular needs.

8. License to Use.
DivorceNM.com grants you a limited, personal, non-exclusive, non-transferable license to use our forms (the “Forms”) for your own personal use, or if you are an attorney or professional, for your client. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Forms in any manner, except for modifications in filling out the Forms for your authorized use. You shall not remove any copyright notice from any Form.

9. Resale of Forms Prohibited.
By using or downloading Forms, you agree that the Forms you use or download may only be used by you for your personal use and may not be sold or redistributed without the express written consent of DivorceNM.com

10. Addressing Change and Engaging Conflict:
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

References to “DivorceNM.com”, “you”, “we,” and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or devices under this or prior agreements between us.

You and DivorceNM.com each understand that it is possible there will be occurrences that no one anticipated. It is also possible that times may come when we find ourselves in disagreement in connection with your use of the Site, Services and/or Applications. If something unanticipated happens or if we find ourselves in disagreement, both you and DivorceNM.com agree that we are committed to avoiding adversarial proceedings of any kind and to seeking instead a system for collaborating to bring whatever transformation will best serve the needs of all.

Accordingly, if we find ourselves in disagreement, you and DivorceNM.com each commit to dedicate our efforts towards bringing ourselves back into agreement as quickly as possible by talking together honestly, openly, in good faith, and with a commitment to a sense of fairness for all involved.

Most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing our customer service department at support@DivorceNM.com.

In the unlikely event that our customer service department is unable to resolve a complaint you may have (or if DivorceNM.com has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through small claims court, or binding arbitration, instead of in courts of general jurisdiction.

11. Dispute Resolution By Binding Arbitration:
DivorceNM.com and you agree to arbitrate all disputes and claims between us that have not been settled through informal discussion or in small claims court (the “Arbitration Agreement”). This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:

  • claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
  • claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising);
  • claims, if any, that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
  • claims that may arise after the termination of this Agreement.

Any arbitration under this Agreement will be governed by the AAA rules and will take place on an individual basis; class arbitrations and class actions are not permitted. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and DivorceNM.com are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in the interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.

A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to DivorceNM.com should be addressed to welcome@DivorceNM.com (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If DivorceNM.com and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or DivorceNM.com may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by DivorceNM.com or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or DivorceNM.com is entitled.

The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of the arbitration provision. Unless DivorceNM.com and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The payment of AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the AAA Rules will be governed by the AAA rules.

The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND DIVORCENM.COM 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. Further, unless both you and DivorceNM.com agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

Notwithstanding any provision in this Agreement to the contrary, we agree that if DivorceNM.com makes any future change to this arbitration provision (other than a change to the Notice Address) during your Membership, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.

The provisions of this section 11 may be enforced by any Court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including reasonable attorneys’ fees, to be paid by the party against whom enforcement is ordered.

12. Limitation of Term of Action.
You agree that any cause of action related to or arising out of your relationship with DivorceNM.com must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

13. Termination/Access Restriction
DivorceNM.com reserves the right, in its sole discretion, to terminate your access to the DivorceNM.com Site, Applications, and the related services or any portion thereof at any time, without notice.

14. Additional Terms
Some DivorceNM.com Services or Applications may be subject to additional posted guidelines, rules, or Terms of Use (“Additional Terms”) and your use of such Services or Applications will be conditioned on your agreement to the Additional Terms. If there is any conflict between these Terms of Use and the Additional Terms, the Additional Terms will control for that Service, unless the Additional Terms expressly state that these Terms of Use will control.

15. Reviews, Comments, Communications, and Other Content.
At various locations on the Site or through Applications, DivorceNM.com may permit visitors or other third parties to post ratings, reviews, comments, blogs, and other content (the “User Content”). Contributions to, access to and use of the User Content is subject to this paragraph and the other terms and conditions of these Terms of Use.

16. Rights and Responsibilities of DivorceNM.com
DivorceNM.com Is Not Responsible For and Does Not Necessarily Hold the Opinions Expressed by Content Contributors. Opinions and other statements expressed by users and third parties (e.g. bloggers) are theirs alone, not the opinions of DivorceNM.com. User Content is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed by DivorceNM.com.

You acknowledge that by providing you with the ability to view and/or distribute content through our site, DivorceNM.com is not undertaking any obligation or liability relating to the content. DivorceNM.com and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor the DivorceNM.com Site for inappropriate or unlawful content. DivorceNM.com, its affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, DivorceNM.com reserves the right to block or remove communications, postings or materials at any time in our sole discretion.

Although we cannot make an absolute guarantee of system security, DivorceNM.com takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us by email for help.

If DivorceNM.com’s technical staff finds that files or processes belonging to a DivorceNM.com user poses a threat to the proper technical operation of the system or to the security of other DivorceNM.com users, DivorceNM.com reserves the right to delete those files or to stop those processes. “DivorceNM.com user(s)” refers to person(s) who use the Site, Services or Applications. If the DivorceNM.com technical staff suspects a user identity or login is being used by someone who is not authorized by the proper user, DivorceNM.com may temporarily disable that user’s access in order to preserve system security. In all such cases, DivorceNM.com will contact the DivorceNM.com Client as soon as feasible.

DivorceNM.com has the right (but not the obligation), in our sole and absolute discretion, to edit, redact, remove, re-categorize to a more appropriate location or otherwise change any User Content.

17. Rights and Responsibilities of DivorceNM.com 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 DivorceNM.com 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;
  • that otherwise violates these Terms of Use.

Attorneys that submit User Content and provide advice do so at their own risk.

Under United States federal 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 others 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 give permission for such dissemination.

You grant DivorceNM.com a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell, distribute, and/or incorporate such content into any form, medium, or technology throughout the world without compensation to you. You have the right to remove any of your works from User Content at any time.

18. 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, DIVORCENM.COM 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.

DIVORCENM.COM 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. DIVORCENM.COM 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.

19. Limitation of Liability and Indemnification
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL DIVORCENM.COM , ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS (“THE DIVORCENM.COM PARTIES”) BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SITE, APPLICATIONS, OR SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF THE DIVORCENM.COM PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE DIVORCENM.COM PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON THE SITE, APPLICATIONS, OR SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO CONTENT POSTED ON THE SITE), FOR YOUR USE OF THE SITE, APPLICATIONS, AND SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES WHETHER ON THE SITE, IN CONNECTION WITH THE SITE, APPLICATIONS, OR SERVICES, OR OTHERWISE RELATING TO THE SITE, APPLICATIONS, OR SERVICES.

IF THERE IS LIABILITY FOUND ON THE PART OF DIVORCENM.COM, IT WILL BE LIMITED TO THE AMOUNT PAID TO DIVORCENM.COM BY YOU FOR PRODUCTS AND/OR SERVICES, EXCEPT AS ALLOWED PURSUANT TO THE DIVORCENM.COM ARBITRATION AGREEMENT, CONTAINED IN PARAGRAPH 11 OF THESE TERMS OF USE, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

20. Unsolicited Submissions
Except as may be required in connection with your use of DivorceNM.com Services and Applications for conducting an established DivorceNM.com mediation, DivorceNM.com does not want you to submit confidential or proprietary information to us through this Site. All comments, feedback, information or material submitted to DivorceNM.com through or in association with this Site shall be considered non-confidential and DivorceNM.com ’s property. Subject to the terms of our Privacy Policy, by providing such submissions to DivorceNM.com, you hereby assign to DivorceNM.com, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. DivorceNM.com shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.

21. Compliance with Intellectual Property Laws
When accessing the DivorceNM.com Site or using the DivorceNM.com Applications or Services, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Applications, 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 DivorceNM.com user account.

DivorceNM.com has adopted a policy that provides for the immediate removal of any content, article or materials that have infringed on the rights of DivorceNM.com or of a third party or that violate intellectual property rights generally. DivorceNM.com ’s policy is to remove such infringing content or materials and investigate such allegations immediately.

22. Copyright Infringement
a. Notice.
DivorceNM.com has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. DivorceNM.com has adopted a policy that provides for the immediate suspension and/or termination of any Site, Applications, or Service user who is found to have infringed the rights of DivorceNM.com or of a third party, or otherwise violated any intellectual laws or regulations.

DivorceNM.com ‘s policy is to act expeditiously upon receipt of proper notification of claimed copyright infringement to remove or disable access to the allegedly infringing content. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want the Company to delete, edit, or disable the material in question, you must provide the Company with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and, if available, email address;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    The above written information must be sent to our registered Copyright Agent:
    Copyright Agent
    c/o DivorceNM.com
    1121 4th Street NW, Suite 1D
    Albuquerque, NM 87102
    welcome@DivorceNM.com

b. Counter-Notice
If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a written counter-notice containing the following information to the Copyright Agent:

  1. Your physical or electronic signature;
  2. Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
  3. A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
  4. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in New Mexico, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the designated DivorceNM.com Copyright Agent, DivorceNM.com may send a copy of the counter- notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at DivorceNM.com ‘s sole discretion.

23. Inappropriate Content
When accessing the Site, any Applications, or using DivorceNM.com ’s Services, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that:

(a) is libelous, defamatory, obscene, pornographic, abusive or threatening;

(b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable

local, state, national or foreign law or regulation;

(c) advertises or otherwise solicits funds or is a solicitation for goods or services. DivorceNM.com reserves the right to terminate or

delete such material from its servers. DivorceNM.com will cooperate fully with any law enforcement officials or agencies in the

investigation of any violation of these Terms of Use or of any applicable laws.

24. Compliance with Export Restrictions
You may not access, download, use or export the Site, Applications, or the Materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required.

You acknowledge and agree that the Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.

25. Personal Use
The site is made available for your personal use on your own behalf.

26. Children
Minors are not eligible to use the Site or Applications and we ask that they do not submit any personal information to us.

27. Customers Needing Extra Assistance.
DivorceNM.com aims to provide full access to its website and product offerings regardless of disability. If you are unable to read any part of the DivorceNM.com website, or otherwise have difficulties using the DivorceNM.com website, please call (505) 221-5759 and our customer care team will assist you.

28. Governing Law; Venue
By using this Site or any Applications, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of New Mexico, excluding its choice of law rules. Any legal action or proceeding relating to your access to or use of the Site, an Application, or Materials is governed by the Arbitration Agreement contained in paragraph 11 of these Terms of Use.

These Terms of Use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site or an Application.

29. Copyrights
All Site design, text, graphics, the selection and arrangement thereof, Copyright ©, NM Legal Resource Center, Inc. dba DivorceNM.com. ALL RIGHTS RESERVED.

30. Trademarks

DIVORCENM.COM, the DivorceNM.com logo, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of DivorceNM.com. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

31. Inquiries

BY USING DIVORCENM.COM’S SERVICES OR ACCESSING THE DIVORCENM.COM SITE OR APPLICATIONS, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER TO DIVORCENM.COM VIA THE DIVORCENM.COM SITE OR APPLICATIONS CONSTITUTES AN INQUIRY TO DIVORCENM.COM, AND THAT DIVORCENM.COM MAY CONTACT YOU AT THE NUMBER SUBMITTED EVEN IF SUCH NUMBER APPEARS ON ANY STATE OR FEDERAL DO NOT CALL LISTS (TAKING INTO ACCOUNT INQUIRY EXCEPTION TIME FRAMES AS APPROPRIATE).

32. Right to Refuse.
You acknowledge that DivorceNM.com reserves the right to refuse service to anyone and to cancel user access at any time.

33. Acknowledgement.

BY USING DIVORCENM.COM ’S SERVICES OR ACCESSING THE DIVORCENM.COM SITE OR APPLICATIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

Updated 10/25/2016

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