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IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS OF USE AND DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE, DO NOT USE CUSTODYJUNCTION. BY USING CUSTODYJUNCTION YOU AGREE THAT YOU ARE AT LEAST 18 YEARS OF AGE, ARE LEGALLY ABLE TO ENTER INTO A CONTRACT AND AGREE TO THESE TERMS AND CONDITIONS OF USE. THESE TERMS AND CONDITIONS OF USE FORM A BINDING AGREEMENT BETWEEN YOU AND DIVORCE SOURCE, INC. PLEASE NOTE THAT THIS AGREEMENT PROVIDES FOR THE MANDATORY ARBITRATION OF DISPUTES AND INCLUDES A WAIVER OF THE RIGHT TO A JURY TRIAL AND CLASS ACTION WAIVER AS SET FORTH BELOW.
Custody Junction™ (Software and Service) is not a substitute for the advice of a lawyer. Divorce Source, Inc. (owner and operator of Custody Junction™ ) does not practice law and does not give out legal advice. The Software and Service allows you to initiate scheduling, tracking, and reporting for parenting-time (visitation) and support payments. If you need or desire legal representation, we recommend that you hire a lawyer.
Disruptions and Account Termination:
Divorce Source, Inc. reserves the right to cancel or remove a user and/or account at anytime, for any reason. Cancelation or removal is typically initiated by what Divorce Source, Inc. deems to be inappropriate actions by the user. Cancellation or removal may be done with or without notice and with or without future access. Upon cancellation or removal the user will be issued a full refund for the current subscription period.
Temporary outages or disruptions may prevent the user from accessing the Software and Service. These temporary outages or disruptions may be a result of unforeseeable technical outages or due to scheduled software or server maintenance.
Disclaimer of Representations and Liability:
PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.
YOUR USE OF THIS SOFTWARE AND SERVICE IS AT YOUR SOLE RISK. THE SOFTWARE AND SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DIVORCE SOURCE, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
DIVORCE SOURCE, INC. MAKES NO WARRANTY THAT (i) THE SOFTWARE AND SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SOFTWARE AND SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE AND SERVICE WILL BE ACCURATE OR RELIABLE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DIVORCE SOURCE, INC., SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DIVORCE SOURCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SOFTWARE AND SERVICE (ii) THE COST OF PROCUREMENT OF 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 SOFTWARE AND SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) ANY OTHER MATTER RELATING TO THE SOFTWARE AND SERVICE.
The 30-Day Free Trial Period allows the customer to "fully experience" the software and service, so once a subscription to the software and service is purchased it is non-refundable. Any request for a refund, shall be provided in writing to Divorce Source, Inc., P.O. Box 1580, Allentown, PA 18105-1580. Refund requests will be reviewed by our staff.
It is in our support staff's nature and a company policy that we take the time and opportunity to give each individual customer personal attention should they have difficulty using the software and service. We have both e-mail and phone support (1-800-680-9052 Mon-Fri 9am -5pm EST) and are ready to help. The software and service, as with all others, there is a learning experience that must take place in order to maximize its potential. These terms and conditions are subject to change.
Divorce Source, Inc. will not sell, rent or share your personally identifiable information. We respect your privacy. Divorce Source, Inc. does reserve the right to provide relevant account information to resolve any fraudulent, unauthorized, or charge disputes associated credit card companies and/or our credit card processors.
Dispute Resolution By Binding Arbitration and Class Action Waiver:
PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.
Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our Customer Service Department at 1-800-680-9052.
If you have a dispute with Divorce Source, Inc regarding the CustodyJunction software and service, and you are unable to resolve the dispute informally, you and Divorce Source, Inc. agree that upon demand by either you or Divorce Source, Inc., the dispute will be resolved through binding arbitration. A "dispute" is any unresolved disagreement between you and Divorce Source, Inc., regardless of when the claim arose, and includes claims based on contracts, torts, statutes, regulations, common law, and equitable claims. All statutes of limitation applicable to any dispute shall apply in any arbitration between you and Divorce Source, Inc..
Each arbitration, including the selection of the arbitrator, will be administered by the American Arbitration Association (the "AAA") according to its Commercial Arbitration Rules and the Supplementary Procedure for Consumer-Related Disputes (together, the "AAA Rules"). The AAA Rules are available online at www.adr.org, or by calling the AAA at 1-800-778-7979. In the event of any inconsistency between the AAA Rules and this arbitration provision, this arbitration provision shall be controlling. Either party may demand arbitration by completing the form for Consumer-Related Disputes provided for that purpose, and following the instructions on the form. The form is available on the AAA's website, www.adr.org, or by calling AAA Case Filing Services at 1-877-495-4185. You should attach a copy of this arbitration provision, which will remain available online. If you demand arbitration, you must send a copy of the form or other demand, by U.S. Certified Mail, addressed to: Divorce Source, Inc., P.O. Box 1580, Allentown, PA 18105. If Divorce Source, Inc. demands arbitration, you will be sent a copy of the form or other demand, by U.S. Certified Mail, at the most current postal address that Divorce Source, Inc. has for you in its records. Except as otherwise provided by applicable law, each party will remain solely responsible for their own attorneys' fees and expenses incurred in connection with the arbitration.
You and Divorce Source, Inc. agree that: (1) the parties are participating in transactions affecting interstate commerce; (2) this arbitration provision and any resulting arbitration are governed by the Federal Arbitration Act (Title 9 of the United States Code); (3) the arbitrator shall decide any dispute regarding the interpretation, application, or enforceability of this arbitration provision; (4) neither party will disclose, to any third party, any information obtained from the other party in the arbitration proceeding, except as required by applicable law; and (5) neither party will be entitled to rely on any arbitration award, finding of fact, or conclusion of law issued in any other arbitration proceeding involving only one of the parties. This arbitration provision shall survive the termination of any other contract between you and Divorce Source, Inc..
These Terms and Conditions of Use constitute the entire agreement between you and Divorce Source, Inc. with respect to the subject matter of these Terms and Conditions of Use, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms and Conditions of Use. These Terms and Conditions of Use create no third party beneficiary rights.
CustodyJunction exists solely within the Lehigh County in the State of Pennsylvania. You agree that regardless of where you reside or where your browser is physically located, your viewing of CustodyJunction occurs solely within Lehigh County in the State of Pennsylvania and that all content, software and services shall be deemed to be served from and performed wholly within, Lehigh County, Pennsylvania, as if you had physically traveled there to obtain such service.
These Terms and Conditions of Use will be governed and interpreted pursuant to the internal laws of the Commonwealth of Pennsylvania, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Pennsylvania in connection with any dispute between you and Divorce Source, Inc. arising out of these Terms and Conditions of Use or pertaining to the subject matter hereof to the extent an arbitrator does not have jurisdiction. You agree that the exclusive venue for any dispute between the parties arising out of these Terms and Conditions of Use or pertaining to the subject matter of these Terms and Conditions of Use will be in Lehigh County, Pennsylvania and federal courts in the Eastern District of Pennsylvania to the extent an arbitrator does not have appropriate venue.
Waiver, Severability and Assignment:
We may revise these Terms and Conditions of Use from time to time, and will always post the most current version with in your account. If a revision meaningfully reduces your rights, we will notify you (by, for example, posting on our blog or on this page). By continuing to use or access the software and service after the revisions come into effect, you agree to be bound by the revised Terms and Conditions of Use.
If you have any questions or concerns, please contact us at any time.
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