Terms of Service

Welcome to People of Divorce the Association. This website is operated by People of Divorce, LLC (referred to as "People of Divorce", "we" or "us"). These Terms of Use ("Terms") contain the terms upon which we are willing to provide you with access to and use of this website and all related pages, information, databases, materials and services (collectively, the "Site"). These Terms form an agreement between you and People of Divorce. If you do not agree to be bound by these Terms, you may not access or use the Site. Use of the Site constitutes your acceptance of these Terms and People of Divorce’s Site Privacy Policy [Insert link to Privacy Policy]. Please scroll down through the Terms to review important provisions regarding intellectual property use, limitation of liability, waivers and other legal restrictions. If you have questions regarding these Terms, please contact People of Divorce’s registered office at 10500 West Loomis Road, Suite 150, Franklin , WI 53132.

IF YOU ARE UNDER THE AGE OF MAJORITY

(Which in most states is 18 years old), these Terms and your use of the Site affect the legal rights and obligations of your guardian or parent. Your guardian or parent may be liable for any, some, or all of your activities on the Site.

License

By accessing the Site, you have a limited license to use the Site, including the limited right to view, bookmark, download and print, for your non-commercial, personal use and information only, those pages of the Site that interest you, subject to any other terms and conditions of use in these Terms or on the Site. These Terms cannot be waived or modified by any oral communication between you and People of Divorce. You may use this Site only if you are at least 13 years of age. Your use of any materials or software from the Site is terminable by People of Divorce at any time.

Updating Terms

We reserve the right to change, delete, and update portions of these Terms or other policies that govern use of the Site at our discretion. You should review these Terms periodically for changes. Any amendments and/or modifications by People of Divorce will be prospective only, and unless otherwise provided in this Agreement, will be effective upon posting to the Site. The Terms can be accessed from the link at the bottom of the Site page. If you use the Site after we post changes to the Terms, you agree to be bound by the updated Terms. If you have a customer account or services relationship with People of Divorce, that relationship is governed by the agreement specific to that particular account or relationship; provided that nothing in those other agreements shall diminish the protections and rights provided to People of Divorce under these Terms.

Information Available on Site

We rely on a variety of sources for the information we provide on the Site.  This information is provided to you in good faith based on the information available to us.  People of Divorce believes that the information is current and accurate, but does not guarantee it.  Furthermore, we do not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by third parties. Any reliance on material posted by third parties shall be at your own risk.

Ownership Rights

People of Divorce or its content providers shall own or license all of the content, materials, and other intellectual property related to the Site, including, without limit, all text, graphics, photographs, music, data, images, audio and video clips, software, names, button icons, logos, images, designs, titles, words or phrases, page headers, service names, trademarks, patents, and copyrights (collectively, "Materials"). You have no rights to the Materials, except as expressly set forth in these Terms (such as with respect to User Content as defined below). Any use of the Materials, except as permitted by these Terms, is expressly prohibited.

The Materials and use of the Site (including People of Divorce’s name and the logos and software used in the Site) are registered and/or protected by U.S. and international copyright, trademark, and other laws. You agree to retain all copyright and other proprietary notices contained in the Site. You may not delete or change any copyright or trademark notices, and cannot alter or modify the Materials in any manner without the express written permission of People of Divorce.

User Content

People of Divorce may now or in the future allow you the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit (collectively, "submit") Materials, messages, text, illustrations, files, images, graphics, photographs, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personal identifiable information, or other information or materials and the ideas contained therein (collectively, but not exclusively, "User Content") People of Divorce may do this through the Site by providing forums, blogs, message boards, social networking environments, social communities, email, and other communications functionality.

If you post User Content to the Site, the User Content shall be deemed owned by you. You grant to People of Divorce and its affiliated entities a non-exclusive, perpetual, irrevocable, transferrable, sub-licensable, royalty-free, worldwide license to use the User Content in connection with People of Divorce’s business operations, including this Site. You are solely responsible for all third party claims, liabilities, and damages arising from or in connection with your User Content, and we assume no such liability.

Except as otherwise described in the Site’s posted Privacy Policy or Terms, you agree that (a) your User Content will be treated as non-confidential, non-propriety and non-returnable, and (b) People of Divorce does not assume any obligation of any kind to you or any third party with respect to your User Content. You will furnish People of Divorce with any and all documentation necessary to substantiate these rights and verify your compliance with these Terms upon request by People of Divorce. You acknowledge that the Internet in general, and the Site in particular, may be subject to breaches of security and that you are aware of and accept that submissions of User Content may not be secure.

Except as otherwise described by these Terms, you grant and hereby grant to People of Divorce the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense, display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise exploit in any manner whatsoever, all or any portion of your User Content and derivative works thereof, for any purpose whatsoever in all formats, on or through any media, software, formula, or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Except as prohibited by law, you waive and hereby waive any moral rights, including attribution and integrity, that you may have in any User Content, even if the User Content is altered or changed in a manner not agreeable to you. To the extent such rights cannot be waived, you irrevocably agree not to exercise such rights, if any, in a manner that interferes with People of Divorce’s ability to exercise any of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in these Terms.

People of Divorce may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your User Content, and People of Divorce may, in its sole discretion, delete, move, re-format, remove or refuse to post or otherwise make use of User Content, without notice or any liability to you or any third party. People of Divorce reserves the right to treat User Content on the Site as content stored at the direction of users for which People of Divorce may block or remove content that comes to People of Divorce 's attention for any reason, including but not limited to its being offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable to People of Divorce, or to enforce the rights of third parties when notice of their violation comes to People of Divorce's attention. Such User Content submitted by you or others need not be maintained on the Site for any period of time.

Each time you submit any User Content, you represent and warrant that you are at least the age of majority in the state in which you reside, and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User Content you submit, and that, as to that User Content, (a) you are the sole author and owner of the intellectual property and other rights to the User Content, or you have a lawful right to submit the User Content and grant People of Divorce the rights to it by these Terms, all without People of Divorce having any obligation to obtain the consent of any third party and without creating any obligation or liability of People of Divorce; (b) the User Content is accurate; (d) the User Content does not and, as to People of Divorce 's permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third party; and (e) the User Content will not violate these Terms, or cause injury or harm to any person.

People of Divorce has no obligation to monitor or enforce your intellectual property rights to your User Content, but you grant us the right to protect and enforce our rights to your User Content, including by bringing and controlling actions in your name and on your behalf (at People of Divorce's cost and expense, to which you hereby consent and irrevocably appoint People of Divorce as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).

Use of the Site

Furthermore, you agree that you will not :

  • use the Site to transmit, copy, reproduce, republish, upload, post, transmit, e-mail, or distribute in any way material or content that infringes any copyright, trademark, proprietary, or other right of any party or that violates these Terms;
  • copy, modify, distribute, create any derivative or compilation work from, or display People of Divorce’s name or logo, or any text, graphic images, or other content from the Site or redeliver it using framing or similar technology;
  • use any device designed to provide repeated automated access to the Site other than those made generally available by People of Divorce;
  • include the People of Divorce logo, and other marks, of various products and services offered by People of Divorce or any other People of Divorce trademarked materials, the name of any People of Divorce personnel, or any variation of these items as a metatag or hidden textual element, or in any other fashion that may create a false or misleading impression of affiliation, sponsorship, or endorsement between People of Divorce and you, any other party, or any other website, or otherwise use these items without People of Divorce’s express written permission;
  • upload, e-mail or otherwise transmit to People of Divorce or through the Site any of the following: a sexually-explicit image or statement; advertising, promotional, or other unauthorized communication, including, without limitation, “junk mail,” surveys, unsolicited e-mail, “spam,” “chain letters,” “pyramid schemes,” or other inappropriate or prohibited materials; and any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code, files or programs that might interrupt, limit or interfere with, damage, surreptitiously intercept or expropriate any system, data or information related to the Site or any computer software, hardware or other equipment that is owned, leased or used by People of Divorce;
  • create a link to the Site without People of Divorce’s prior written permission;
  • use the Site to advertise or perform any commercial solicitation;
  • use the Site to advertise or perform any political activity;
  • use the Site to obtain any ownership, intellectual property, or other interest in the Site;
  • use the Site to post or transmit any threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
  • use any robot, spider, scraper, or any other automated means to access the Site for any purpose without People of Divorce’s express written permission;
  • forge any TCP/IP packet header or any part of the header information in any email or posting;
  • take any action that imposes, or may impose, in People of Divorce’s sole discretion, an unreasonable or disproportionately large load on the People of Divorce infrastructure;
  • interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
  • bypass measures used by People of Divorce to prevent or restrict access to the Site, violate or attempt to violate the security or authentication measures of the system, or attempt to prove, scan, or test the vulnerability of a system or network without proper written authorization from People of Divorce; or
  • impersonate any person or entity, misrepresent any affiliation with another person, entity or association, use false e-mail or other headers, or otherwise conceal your identity from People of Divorce for any purpose.

People of Divorce reserves the right to disclose the identity of anyone posting or transmitting information or materials violating the above prohibitions to law enforcement authorities or pursuant to any court order.

Opening and Terminating Accounts

In order to gain access to, use, or participate in, some (or potentially all) of the features of the Site, you may be required to become a registered user of the Site (or portions thereof). Such registration may require parental consent, depending upon your age. The Site’s practices governing any resulting collection, use, and access to your personal information are disclosed in its Privacy Policy. Providing this information is both voluntary and optional, but if you decide not to provide it, you may not be able to gain access to, use, or participate in some (or potentially all) of the features of the Site.

Upon registration of any feature that requires a username and/or password, you will select a password of your own choosing at the time of registration (or we may send you a(n email) notification with a computer-generated initial password) and you further agree that:

  • You will not use a username, email address, or any other personal identifier that is being used by anyone else;
  • You will not use a username, email address, or any other personal identifier that violates the intellectual property or other right of any person or entity;
  • You will not use a username, email address, or any other personal identifier that is offensive;
  • You will maintain the confidentiality of your username, email address, password or any other personal identifier, and you will notify the Site immediately if there is any unauthorized use of your username, email address, password or any other personal identifier; or if there is any other breach of security;
  • You will not sell, transfer, assign, or give your username, email address, password, any other personal identifier, account or any account rights;
  • You will provide true, current, accurate and complete registration information about yourself in connection with the registration process;
  • You will continuously and promptly update and maintain your registration information to keep it true, current, accurate and complete throughout the time that you use the features to which the registration relates;
  • You are solely responsible for all activities that occur under your account username, email address, password or any other personal identifier, whether or not you authorize the activity (except to the extent that the activities occur because someone gains access to the Site without using your username, email address, password or any other personal identifier).

People of Divorce will not be liable for any loss, damage or misappropriation (of any kind and under any legal theory) to you or any third party arising from your inability or failure, for any reason, to comply with any of the forgoing obligations.

Termination, Removal of Materials, and Monitoring

These Terms are effective until terminated. People of Divorce may terminate, restrict, or suspend all or part of your license to access the Site and delete any User Content transmitted to or through the Site, at any time, in its sole discretion, without prior notice to you and without any liability to you. People of Divorce also reserves the right to take any action relating to User Content that it deems necessary or appropriate if such information, as determined in People of Divorce’s sole discretion, may create liability for People of Divorce, its agents, customers, or its contractors or may affect People of Divorce’s business relationships or contracts with its agents, customers, or its contractors. People of Divorce further reserves the right to remove any materials that are defamatory, abusive, illegal, harassing, immoral, disruptive or do not conform to these Terms - though People of Divorce shall be under no affirmative obligation to monitor any of the foregoing or to otherwise screen or monitor any communications or information prior to posting. You agree that People of Divorce has the right, but is not obligated, to monitor your use of the Site and any communications made by you related to such use. You release People of Divorce from liability related to its monitoring activities.

Website Linking

For your general informational use only, People of Divorce may provide access to third party websites. These links allow you to leave the Site. People of Divorce is unable to verify, and takes no responsibility for, the contents of any third party website that may be linked to the Site via hyperlink or otherwise, whether such link is provided by People of Divorce or by a third party (including any responsibility for the accuracy, timeliness, or suitability of the content of any third party website to which People of Divorce may link). By providing access to other websites, People of Divorce is not recommending or supporting any third party, is not recommending the purchase or sale of any products or services of a third party, and is not endorsing or acknowledging that it is affiliated with any website's sponsoring organization. People of Divorce does not expressly, or by implication, endorse, recommend, or make any representations or warranties related to any commercial product, process or service (whether by trade name, trademark, service mark, generic description or referral to a distributor or manufacturer) referred to on any third party site or related to creation of links to such site. Before relying on any information contained on any third party website, you are cautioned to undertake your own independent evaluation of its accuracy, completeness, usefulness, timeliness and correct sequencing, and protections against potential viruses and other malicious code in downloaded material.

Disclaimers and Limitations of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL INFORMATION, SERVICES, AND MATERIALS AVAILABLE THROUGH THE SITE ARE FURNISHED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY IMPLIED OR EXPRESS WARRANTY OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, SECURITY, CORRECTNESS AND NON-INFRINGEMENT). PEOPLE OF DIVORCE, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND SUPPLIERS (COLLECTIVELY THE "PEOPLE OF DIVORCE PARTIES") MAKE NO REPRESENTATION OR WARRANTY REGARDING THE CONTINUED AVAILABILITY, RELIABILITY, ACCURACY, RESULTS OR PERFORMANCE OF THE SITE, THE EXISTENCE OF ANY VIRUS, WORM, MALICIOUS CODE OR OTHER DISABLING DEVICE FROM ANY SOURCE, THE UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION BY A PARTY OTHER THAN THE PEOPLE OF DIVORCE PARTIES, ANY TECHNICAL FAILURES (INCLUDING HARDWARE OR SOFTWARE FAILURES), OR LOSS OR USE OF DATA.

USE OF THE SITE IS AT YOUR OWN RISK. YOU AGREE THAT THE PEOPLE OF DIVORCE PARTIES ARE NOT LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, DIRECT, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES. IN NO EVENT SHALL THE PEOPLE OF DIVORCE PARTIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, FEES AND EXPENSES (INCLUDING ATTORNEYS' FEES), WHETHER IN CONTRACT, TORT, OR OTHERWISE EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO PEOPLE OF DIVORCE TO PURCHASE THE PARTICULAR SERVICES WHICH FORM THE BASIS OF YOUR CLAIM OR $100 IF YOU HAVE NOT PAID ANY AMOUNTS TO PEOPLE OF DIVORCE. IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE WAIVER OF CERTAIN WARRANTIES, OR LIMITATIONS OR DAMAGES WAIVERS DESCRIBED IN THIS SECTION, SOME OF THESE PROVISIONS MAY NOT APPLY TO YOU. YOU AGREE TO PROMPTLY NOTIFY PEOPLE OF DIVORCE IN WRITING IF YOU BELIEVE YOU HAVE ANY CLAIM AGAINST THE PEOPLE OF DIVORCE PARTIES, AND, IN ANY EVENT, YOU AGREE THAT ANY CLAIM NOT BROUGHT WITHIN ONE YEAR AFTER IT ARISES (OR SUCH SHORTER PERIOD UNDER APPLICABLE STATUTES OF LIMITATION) SHALL BE WAIVED AND RELEASED.

Indemnification

In consideration of your use of the Site, you hereby agree to indemnify, defend, and hold harmless the People of Divorce Parties from and against any and all claims, losses, liabilities, damages, costs and expenses (including, without limitation, reasonable attorneys' fees and costs) arising out of or related to your breach of these Terms, your violation of law, or your violation or threatened violation of any person's or entity's rights (including, without limitation, copyright, patent, trade secret, trademark, or other proprietary rights, or publicity, contract, moral, or privacy rights related to User Content or otherwise).

Applicable Law

People of Divorce manages the Site from offices within the State of Wisconsin in the United States. If you choose to access the Site from other locations, you do so at your own risk and initiative and are responsible for compliance with any applicable local laws and regulations. You agree that the laws of the State of Wisconsin (excluding any choice of law rules) govern your rights and obligations relating to People of Divorce and your use of the Site, and exclusive jurisdiction and venue for any disputes shall be the state or federal courts located in Milwaukee, Wisconsin.

Severability and Waiver

If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No failure to exercise and no delay in exercising, by People of Divorce, any right, power or privilege hereunder shall operate as a waiver. Any waiver by People of Divorce of a breach of any provision of these Terms shall not be a waiver of any other breach and shall not be construed to be a modification of the Terms unless and until agreed to in writing by People of Divorce.

Copyright Agent for Claims of Copyright Infringement

Pursuant to the Digital Millennium Copyright Act, People of Divorce designates the agent below to receive notifications of claimed copyright infringement. If you reasonably believe that your work has been copied in a way that constitutes copyright infringement, please provide to People of Divorce’s designated agent 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;
  • your address, telephone number, and e-mail 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 information included in your notification is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

People of Divorce’s designated agent for notification may be contacted at:


People of Divorce, LLC
8800 S. 102nd Street, Suite 102
Franklin, WI 53132
Phone: 866-742-2000
Fax: 414-858-1017
info@peopleofdivorce.com

Entire Agreement

These Terms constitute the entire agreement with People of Divorce related to the Site. All prior agreements, representations, statements, negotiations, and undertakings with respect to the subject matter herein are superseded by these Terms. Terms that by their nature are intended to survive the termination, cancellation, or expiration of these Terms shall survive.