1. Acceptance of Agreement. The User agrees to the terms and conditions outlined in this Terms and Conditions of use Agreement (Agreement) with respect to the products and downloads (Products) made available by SinceMyDivorce.com. This Agreement constitutes the entire and only agreement between SinceMyDivorce.com and the User, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, or services provided by or listed on the Site, and the subject matter of this Agreement. This Agreement may be amended by SinceMyDivorce.com at any time and at any frequency without specific notice to the User. The latest Agreement will be posted on the Site, and the User should review this Agreement prior to using the Site.
2. Copyright. The content, organization, graphics, design, and other matters related to the Products are protected under applicable copyrights and other proprietary laws, including but not limited to intellectual property laws. The copying, reproduction, use, modification or publication by the User of any such matters or any part of the Products is strictly prohibited, without SinceMyDivorce.com express prior written permission.
3. Deleting and Modification. SinceMyDivorce.com reserves the right in its sole discretion, without any obligation and without any notice requirement to the User, to edit or delete any documents, information or other content appearing in the Products, including this Agreement.
4. Indemnification. The User agrees to indemnify, defend and hold SinceMyDivorce.com, its officers, its partners, attorneys and employees harmless from any and all liability, loss, damages, claim and expense, including reasonable attorney’s fees, related to the User’s violation of this Agreement or use of the Site.
5. Disclaimer. The content, or services, provided by SinceMyDivorce.com and all warranties, express or implied, are disclaimed, including but not limited to the disclaimer of any implied warranties of title, non-infringement, merchantability, quality and fitness for a particular purpose, with respect to this site and any website with which it is linked. The information and services may contain bugs, errors, problems or other limitations. SinceMyDivorce.com has no liability whatsoever for the User’s use of any information or service. In particular, but not as a limitation, SinceMyDivorce.com is not liable for any indirect, incidental or consequential damages (including damages for loss of business, loss of profits, loss of money, loss of relationships, litigation, or the like), whether based on breach of contract, breach of warranty, negligence, product liability or otherwise, even if advised of the possibility of such damages. The negation of damages set forth above are fundamental elements of the basis of the bargain between SinceMyDivorce.com and the User. The Products and the information would not be provided without such limitations. No advice or information, whether oral or written, obtained by the User from SinceMyDivorce.com through the site shall create any warranty, representation or guarantee not expressly stated in this agreement.
The User understands that the coaching experience involves relationship coaching, not counseling or psychotherapy and nor is anything contained on this site or any other site owned and operated by SinceMyDivorce.com a substitute for competent legal advice. The User understands that any comments or information shared by the User is not confidential particularly in the following instances:
- An emergency situation in such there is reasonable evidence that the safety or life of the User or other person is threatened
- In cases where there exists information of a capital offense as defined by legal statutes or where reasonable cause exists which leads one to believe that the User intends to commit a capital offense.
- In a case where both a court order and court subpoena have been issued and properly served.
6. Limits. All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. SinceMyDivorce.com will not be liable to the User for any incidental, special or consequential damages of any kind that may result from use of or inability to use the site.
7. Third-Party Website. All rules, terms and conditions, other policies (including privacy policies) and operating procedures of third-party linked websites will apply to the User while on such websites. SinceMyDivorce.com is not responsible for the content, accuracy or opinions express in such Websites, and such Websites are not investigated, monitored or checked for accuracy or completeness by SinceMyDivorce.com. Inclusion of any linked Website in the Products does not imply approval or endorsement of the linked Website by Walker Business. The Products and the third-party linked websites are independent entities and neither party has authority to make any representations or commitments on behalf of the other. If the User decides to access these third-party linked sites, the User does so at their own risk.
8. Third-Party Products and Services. Products may advertise third-party linked websites from which the User may purchase or otherwise obtain certain sample goods, offerings or free trial services. The User understands that SinceMyDivorce.com does not operate or control the products, free offerings or services offered by third-party linked websites. Third-party linked websites are responsible for all aspects of order processing, fulfillment, billing and customer service. SinceMyDivorce.com is not a party to the transactions entered into between the User and third-party linked websites but SinceMyDivorce.com may receive commission on such transactions when an affiliate marketing relationship exists between SinceMyDivorce.com and the third-party. The User agrees that use of such third-party linked websites is at their sole risk and is without warranties of any kind by SinceMyDivorce.com, expressed, implied or otherwise. Under no circumstances is SinceMyDivorce.com liable for any damages arising from the transactions between the User and third-party linked websites or for any information appearing on third-party linked websites or any other site linked to or from the Products.
9. General. The User agrees that all actions or proceedings arising directly or indirectly out of this agreement shall be litigated in the circuit court of Boulder County, Colorado. The User is expressly submitting and consenting in advance to such jurisdiction in any action or proceeding in any of such courts, and is waiving any claim that Boulder County, Colorado is an inconvenient forum or an improper forum based on lack of venue. Products are controlled by SinceMyDivorce.com. As such, the laws of Colorado will govern the terms and conditions contained in this Agreement and elsewhere, without giving effect to any principles of conflicts of laws.
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