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1. I understand and agree that Online Divorce Service, LLC (“Company” or “Site”) is not a law firm or an attorney, may not perform services performed by an attorney, and its forms or templates are not the substitute for the advice or services of an attorney. Rather, I am representing myself in this legal matter. No attorney-client relationship or privilege is created with Company.

2. If, prior to my purchase, I believe that Company gave me any legal advice, opinion or recommendation about my legal rights, remedies, defenses, options, selection of forms or strategies, I will not proceed with this purchase, and any purchase that I do make will be null and void.

3. I understand that these Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to me in the event of a dispute as described in the Company Arbitration Agreement, contained in Paragraph 15 of these Terms of Service.

4. Subscriptions

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  9. Changes to Subscriptions.

    1. General Changes. OnlineDivorceNewYork.com may discontinue the offering of a subscription, including the functionality, content, or availability of any features of subscriptions or Third-Party Services, at any time in its sole discretion. We may also impose limits on features and services or restrict your access to all or part of the subscription. However, you have the right to cancel your membership should we materially decrease benefits. If we add new features to a subscription, the new features will be subject to these Subscription Terms. If you add a product or service to your subscription, OnlineDivorceNewYork.com has the discretion to charge you a prorated portion of the costs to align your renewal date with your current subscription. OnlineDivorceNewYork.com will provide you notice before doing so.

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    3. Renewal Term Adjustments. OnlineDivorceNewYork.com offers subscriptions of various lengths. OnlineDivorceNewYork.com may increase the renewal term from monthly, quarterly, or otherwise, to quarterly, annually, or otherwise at our discretion by notifying you of the new renewal term at least 30 days before the beginning of a renewal term. If you do not cancel your subscription, you will be deemed to have accepted the new renewal term moving forward (unless the renewal term is changed in the same manner for a subsequent renewal term).

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    5. By Subscriber.
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  10. Termination or Cancellation

    1. By OnlineDivorceNewYork.com.
      OnlineDivorceNewYork.com may terminate your use of all or part of the subscriptions in its sole discretion. As your sole remedy, we will refund to you any prepaid fees specifically related to the current term of that subscription.

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    2. By Subscriber.
      You may cancel your subscription at any time by calling our Customer Care Center at 1.833.488.1777 or by canceling online at My Profile. After you have canceled, your subscription will remain active until the end of then-current period.

    3. Services After Termination. After your subscription is terminated or your membership term has ended, you will not be able to access the corresponding subscription offerings.

5. Limitation of Liability and Indemnification.

EXCEPT AS PROHIBITED BY LAW, I WILL HOLD COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY ME OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO ME. THIS PARAGRAPH DOES NOT APPLY TO NORTH CAROLINA CUSTOMERS.

6. Terms of Use.

I understand that the Site's general terms of use (the "Terms of Use") also apply to these Terms of Service and in agreeing to these Terms of Service, I acknowledge that I have read and agree to those Terms of Use, which are incorporated herein by reference.

7. Filing Service.

If you choose to purchase our filing services with a divorce package (sometimes called our Platinum Service or Premium Service), the following provisions apply to you:

8. MEDIATION TERMS.

If you are offered and/or choose to purchase mediation services, the following provisions apply to you:

9. Attorney Access Terms.

10. ATTORNEY ADVERTISEMENTS. Attorneys advertised on this site are independent attorneys. See the attorney in your area who's responsible for these advertisements. OnlineDivorceNewYork.com is not an "attorney referral service" or a law firm.

11. Additional Terms.

I understand that my purchase may be subject to additional terms and conditions. Any additional terms provided to me are incorporated herein by reference.

12. Third Party Services.

If I purchased a product that involves third party services, I understand that I may be required to accept additional terms located on the third party's site. The third party may contact me by email and/or phone with instructions on how to access my benefits. COMPANY HEREBY DISCLAIMS LIABILITY FOR ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES POSTED OR OFFERED AS PART OF ANY THIRD PARTY SERVICES. COMPANY IS NOT LIABLE FOR ANY FAILURE OF PRODUCTS OR SERVICES OFFERED OR ADVERTISED AT THOSE SITES. A THIRD PARTY MAY HAVE A PRIVACY POLICY DIFFERENT FROM THAT OF COMPANY AND THE THIRD PARTY WEBSITE MAY PROVIDE LESS SECURITY THAN THE COMPANY SITE.

13. Future Products and Services.

If I choose to add a product or service to my order subsequent to this initial purchase, these Terms of Service will apply to that additional product or service purchase as well.

14. Abandoned Orders.

My purchase allows me to create my own legal documents. I understand that, other than as required by applicable law, I shall have no right to cancel, request a cash refund or obtain store credit other than as described by the Company Guarantee. Both parties acknowledge that Company is out of pocket time and money for undertaking the work and both parties fully intend to complete the order. Abandoned orders will result in liquidated damages equal to the amount paid to Company for reimbursement of our commitment to service this order.

15. Suspended Accounts.

If Company encounters evidence of suspicious activity in connection with my account, including, but not limited to, evidence that my account is being used by someone who is not authorized to do so, I acknowledge that Company, in its sole discretion, may opt to temporarily disable my account for a reasonable amount of time in order to investigate. In the event that Company disables my account, I understand that, absent a subpoena or court order, no information about my account will be provided to anyone outside Company, including me or any authorized contact, until the investigation is complete. Additionally, I understand that Company, in its sole discretion, may decide not to send any documents associated with my account to me or file any such documents with any government authority, while my account is disabled. I acknowledge that Company will not be liable for any delays caused by these policies and procedures.

16. DISPUTE RESOLUTION BY BINDING ARBITRATION OR SMALL CLAIMS.

Please read this carefully. It affects your rights.

Summary:

Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our Customer Care Center at 833-488-1777. In the unlikely event that the Company Customer Care Center is unable to resolve your complaint to your satisfaction (or if Company 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 binding arbitration or in small claims court rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. While in some instances, upfront costs to file an arbitration claim may exceed similar costs to bring a case in court, for any non-frivolous claim that does not exceed $75,000, Company will pay all costs of the arbitration. Moreover, in arbitration you may recover attorney's fees from Company to the same extent or more as you would in court. The arbitrator shall apply the same limitations period that would apply in court.

Under certain circumstances (as explained below), Company will pay you more than the amount of the arbitrator's award and will pay your attorney (if any) his or her reasonable attorney's fees if the arbitrator awards you an amount greater than what Company offered you to settle the dispute.

You may speak with independent counsel before using this Site or completing any purchase.

Arbitration Agreement:

(a) Company and you agree to arbitrate all disputes and claims between us in small claims court or before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to:

For the purposes of this Arbitration Agreement, references to " Company," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, employers, business partners, shareholders, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us. Beneficiaries include, but are not limited to, spouses, children, dependents, or others named in divorce documents.

Notwithstanding the foregoing, either party may bring an individual action in small claims court, or, where the amount at issue is within the venue’s small claims court’s jurisdiction, either party may demand small claims court in lieu of arbitration upon receipt of a Notice of Dispute. This arbitration agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and Company are each waiving the right to a trial by jury or to participate in a class action. These Terms evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms.

(b) A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute ("Notice") to the other party. A Notice to Company should be addressed to: Notice of Dispute, General Counsel, Corporate Center 11335 Northeast 122nd Suite 105 Kirkland, WA 98034 (the "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 Company and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Company may commence an arbitration proceeding or demand that the matter proceed in small claims court in lieu of arbitration, should the Demand be within the venue’s small claims jurisdiction. During an arbitration, the amount of any settlement offer made by Company or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Company is entitled.

(c) Should neither party demand small claims court, after Company receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than $75,000. (Currently, the filing fee for consumer-initiated arbitrations is $200, but this is subject to change by the arbitration provider. If you are unable to pay this fee, Company will pay it directly after receiving a written request at the Notice Address.) The Company will not reimburse you for arbitration fees should you commence arbitration after it submits a demand for small claims court in lieu of arbitration. The arbitration will be governed by the Consumer Arbitration Rules (the "AAA Rules") of the American Arbitration Association (the "AAA"), as modified by these Terms, for all claims under $75,000, and the applicable rules as determined by the AAA for all claims of or above $75,000, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator is bound by these Terms. All issues are for the arbitrator to decide, except that issues relating to the scope, enforceability, and interpretation of the arbitration provision and the scope, enforceability, and interpretation of paragraph (f) are for the court to decide. Unless Company and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your contact address. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If you choose to proceed either in person or by telephone, we may choose to respond only by telephone or submission. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right to a hearing. The parties agree that in any arbitration of a dispute or claim, neither party will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which Company was a party. Except as otherwise provided for herein, Company will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse Company for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek relief valued at more than $75,000 (excluding attorney's fees and expenses), the payment of these fees will be governed by the AAA rules.

(d) For claims under $75,000 that proceed in arbitration, if, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of Company's last written settlement offer made before an arbitrator was selected, then Company will:

If Company did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney's fees, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney's fees at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits. In assessing whether an award that includes attorney's fees or expenses is greater than the value of Company's last written settlement offer, the arbitrator shall include in his or her calculations only the value of any attorney’s fees or expenses you reasonably incurred in connection with the arbitration proceeding before Company’s settlement offer.

(e) The right to attorney's fees and expenses discussed in paragraph (d) supplements any right to attorney's fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under applicable law, this provision does not preclude an arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorney's fees or costs. Although under some laws Company may have a right to an award of attorney's fees and expenses if it prevails in an arbitration proceeding, Company will not seek such an award for claims under $75,000.

(f) An arbitrator may award 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 COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. Further, unless both you and Company 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. The arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other customers. Neither you nor we may seek non-individualized relief that would affect other customers. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

(g) If the amount in dispute exceeds $75,000 or either party seeks any form of injunctive relief, either party may appeal the award to a three-arbitrator panel administered by AAA by a written notice of appeal within thirty (30) days from the date of entry of the written arbitration award. An award of injunctive relief shall be stayed during any such appeal. The members of the three-arbitrator panel will be selected according to AAA rules. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, subject to any right of judicial review that exists under the FAA.

(h) Notwithstanding any provision in the applicable Terms to the contrary, we agree that if we make any future change to this arbitration provision (other than a change to any notice address, website link or telephone number provided herein), that change will not apply to any dispute of which we had written notice on the effective date of the change. Moreover, if we seek to terminate this arbitration provision, any such termination will not be effective until at least thirty (30) days after written notice of such termination is provided to you, and shall not be effective as to disputes which arose prior to the date of termination.

17. Installment Plans.

(a) Affirm. When making a purchase, you may be offered the option to purchase through Affirm, Inc. (“Affirm”), a third party. Purchases made through Affirm are subject to the Affirm Terms of Service and Privacy Policy.

(b) Company Installment Offering. In the alternative, certain customers are offered a Company-sponsored installment payment plan. The Company Installment Plan (the "Installment Plan") is available as a purchase option for certain products. Upon receipt of my initial payment, I will have access to the post-purchase questionnaires and other support services, but will not be able to complete my order or receive my final documents until I complete my Installment Plan payments.

(c) Billing. By opting into the Installment Plan, I agree to make an initial payment (the "Initial Installment Payment") immediately when I place my order or as otherwise agreed. I hereby authorize Company to charge my credit card for additional installments (each an "Installment Billing Date") on the dates arranged with my authorization. If we select a monthly Installment Plan and my purchase date is on the 29th through 31st day of any month, an Installment Billing Date for months with fewer days will fall on the last day of the month. Each payment will be of the same amount unless otherwise agreed, except that if the total purchase price does not divide evenly into the agreed number of parts, my final installment payment will include all outstanding amounts. I understand that I may pay my outstanding balance at any time without incurring additional charges.

(d) Default. If my credit card is declined, I agree that Company may make multiple attempts to bill that card. If I remain in default on a payment when a subsequent payment is due, I authorize Company to charge any due payment amounts to my credit card. I understand that Company may restrict my ability to use its service, including continuing work on questionnaires, or purchase other Company products if I am delinquent on any payment. I understand that Company may accept late or partial payments, as well as payments that reflect "paid in full" or other restrictive endorsements, without limiting any of its rights under these Terms of Service. I acknowledge that Company is out of pocket time and money for servicing partially paid orders, and fully intend to complete my Installment Plan payments and the order. Abandoned Installment Plans will result in liquidated damages equal to the amount paid to Company for reimbursement of its commitment to service the order.

(e) Notice of Automatic Billing. Company may send a reminder email to the email address of record for my account before my Installment Billing Dates. I acknowledge and agree that this notice is provided as a courtesy only, and Company is not obligated or required to provide such notice. I acknowledge and agree that (i) my failure to read, (ii) my inability to receive, or (iii) the failure of Company to send the email does not create any liability on the part of Company or any third-party service provider.

(f) Disputed Charges. I understand that if I dispute a charge to my credit card, I should call the Company Customer Care Center immediately at 833-488-1777 and Company will investigate the matter.

(g) Account Information. I agree to notify Company immediately of any changes to my credit card number, its expiration date, and/or my billing address, or if my credit card expires or is canceled for any reason.

18. Delivery.

For products delivered via physical shipment, I understand that Company uses a variety of carriers for each shipping option and will choose a delivery method for the shipping option and address I designate. If I select overnight delivery or two-day delivery, I agree that Company may use air or ground shipping as necessary to get my items to me within the promised time frame. The shipping fee indicated does not necessarily represent the actual amount paid by Company to the carrier chosen for the delivery of my order. It may include, in addition to the fees paid to the carrier, Company or third party handling and processing fees. For products delivered electronically, I understand that I will be notified via email when my product is complete and available for download. I understand that I may access my product by logging in to My Account.

19. Reviews.

After your purchase, you may receive an email survey request from Company. You may also write a review on the Site. If you complete the survey or submit a review, your opinions may be posted, in whole or in part, on the Site or used in marketing material. The review may be accompanied by limited identifying information, such as your first name and last initial, the product you purchased, your gender, city and/or state, and age range.

20. Access to World Wide Web; Internet Delays.

To use Company services, I must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. I am responsible for providing all equipment necessary to make such connection to the World Wide Web, including a computer and Internet access. Access to certain Company services may be limited or delayed based on problems inherent in the use of Internet and electronic communications. I understand that Company is not responsible for delays, delivery failures, or other damage resulting from such problems.

21. Notice to California Residents.

Under California Civil Code Section 1789.3, California users of our Site are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Digital Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

22. Force Majeure.

Company shall not be considered in breach of or default under these Terms of Service or any contract with me, and shall not be liable to me for any cessation, interruption, or delay in the performance of its obligations hereunder by reason of earthquake, flood, fire, storm, lightning, drought, landslide, hurricane, cyclone, typhoon, tornado, natural disaster, act of God or the public enemy, epidemic, famine or plague, action of a court or public authority, change in law, explosion, war, terrorism, armed conflict, labor strike, lockout, boycott or similar event beyond our reasonable control, whether foreseen or unforeseen (each a "Force Majeure Event"). If a Force Majeure Event continues for more than 60 days in the aggregate, Company may immediately terminate these Terms of Service and shall have no liability to me for or as a result of any such termination.

23. Right to refuse.

I acknowledge that Company reserves the right to refuse service to anyone.

24. I acknowledge that OnlineDivorceNewYork.com is not a registered or bonded legal document assistant under California Business and Profession Code, sections 6400 et seq. Company is located at Corporate Center 11335 Northeast 122nd Suite 105 Kirkland, WA 98034.

25. I acknowledge that I have had the opportunity to view sample templates of OnlineDivorceNewYork.com documents and may call Company Customer Care at 833-488-1777 with questions or for assistance locating sample templates.

26. By proceeding with my purchase, I agree to these Terms of Service.

Updated 12/08/2023

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