SECTION A. TERMS APPLICABLE TO UNREGISTERED USERS OF THE SITE
1. Availability. Untangle The Knot uses reasonable efforts to ensure that the Service is available 24 hours a day, 7 days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the reasonable control of Untangle The Knot. Untangle The Knot will use reasonable commercial efforts to minimize such disruption where it is within the reasonable control of Untangle The Knot. You agree that Untangle The Knot shall not be liable to you for any modification, suspension or discontinuance of the Service. YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED “AS-IS” WITHOUT ANY WARRANTY OF ANY KIND. You are responsible for obtaining access to any Service and understand that access may involve third party fees (such as Internet service provider or airtime charges) (“Third Party Fees”). You are responsible for all Third Party Fees. In addition, you must provide and are responsible for all equipment necessary to access the Service.
2. Trademarks. All brand, product and service names and logos used or the Site or in the Service which identify Untangle The Knot or any third party are proprietary marks of Untangle The Knot and such third parties. Nothing on the Site or in the Service shall be deemed to confer on any person any license or right on the part of Untangle The Knot or any third party with respect to any such brand, product or service names or logos.
3. Copyright. Unless otherwise stated in these Terms or on the Site, Untangle The Knot is the owner of all copyright and database rights in the Service and its contents. You may not publish, distribute, extract, reuse or reproduce any such content in any material form (including photocopying or storing it in any medium by electronic means) other than in accordance with these Terms.
4. External Links. From time to time Untangle The Knot may provide links that will take you to third party websites. These links are provided for your convenience only. If you decide to access linked website you do so at your own risk. Untangle The Knot does not endorse or take responsibility for the content on other website or the availability of other website and you agree that Untangle The Knot is not liable for any loss or damage that you may suffer by using other website.
5. Amendment of Terms. We reserve the right to amend these Terms agreed to by you from time to time without notice. Your continued use of the Site constitutes acceptance of any amendments, additions, or modifications to these Terms.
6. Contact. Untangle The Knot is located in Boulder, CO, U.S.A. Any questions, comments or suggestions, including any report of violation of these Terms should be provided to the Administrator as follows:
By E-mail: firstname.lastname@example.org
SECTION B. TERMS APPLICABLE TO REGISTERED USERS OF THE SITE
1. Registration. In consideration of your use of the Service, you represent and certify that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions. If you are submitting information as a representative of a third party, you represent and warrant that you are authorized to bind such party to these Terms, and all references to “you” in these Terms shall be references to such third party. You further agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “User Data”) and (b) maintain and promptly update the User Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). To register as a User of the Service you must be 18 years or over. Minor children under the age of 18 who wish to access the Service must obtain permission from their parents and their parents must agree to these Terms. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Service and/or User Content (as defined in Section B.5 below) are appropriate and inappropriate for your child.
2. Amendment of Terms. You agree that Untangle The Knot retains the right to amend these Terms and the Site, including service offerings and prices at any time, for any reason, and without notice, and the right to terminate the Site or any part of any of the Site. You agree to review the posting of these Terms periodically to be aware of such changes. Continued use of a Site constitutes acceptance of any amendments, additions, or modifications to these Terms. Any amendments or modifications made by Untangle The Knot shall be prospective only. You will be bound by all such modifications, whether or not you have notice thereof. If you continue to use the Service, after any amendments or modifications are made you will be deemed to have accepted those changes.
3. Access and Use Rights. Untangle The Knot grants you a personal, limited, revocable, non-exclusive and non-transferable right to access and use only those portions of the Site and Service to which you’ve been granted access, including those materials which Untangle The Knot makes available for Users to Download (“Materials”). These rights are exclusive to you and you may not sublicense the use of the Site, Service or Materials. Untangle The Knot expressly retains all ownership rights, title and interest in and to all aspects of the Service and the Site, including, but not limited to, the Materials and all current and future patents, copyrights, trademarks, trade secrets, know-how, and other proprietary rights included or embodied in the Site and Service. You may not modify the Site, Service or Materials, create derivative works of the Site, Service, or Materials, or reverse engineer, reverse compile, reverse assemble or do any other operation with the Site, Service or Materials that would reveal any source code, trade secrets, know-how or other proprietary information. These rights shall not be construed or interpreted as granting or providing rights to you to use, reproduce, modify, distribute, perform, display, possess or control the source code or any other aspect of the Site. You may not remove or modify any notice of confidentiality, trade secret, trademark or copyright encoded or embodied or displayed in connection with the Site, Service or Materials. You may use the Site, Service and Materials only while these Terms remain in effect. Under no circumstances shall you have any rights of any kind in or to the Site, Service or Materials after any termination or expiration of your agreement to these Terms for any reason.
4. Password. You will create a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Untangle The Knot of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Untangle The Knot cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. Untangle The Knot may require you to change or update your username or password to prevent unauthorized use of your account.
6. Monitoring of User Content. You acknowledge, consent and agree that Untangle The Knot may access, preserve, and disclose your User Data, User Content or other account information collected by Untangle The Knot (collectively “Account Information”) if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Untangle The Knot, its users and the public.
7. Additional Services. As a registered User of the Site, Untangle The Knot may offer as part of the Service individual guidance to you to help assist you during the course of your divorce (“Coaching”). Coaching may be provided by Untangle The Knot employees or independent contractors. In connection with the Services, Untangle The Knot may provide referrals to divorce professionals that may be able to provide you with legal, financial, or other professional advice or services (“Community Partner”). We encourage you to carefully consider any third party that you engage to assist you in connection with your divorce. Untangle The Knot does not make any representation or warranty regarding the quality of the products or services that any Community Partner may be able to provide. You agree that Untangle The Knot shall not be liable for any act or omission of any Community Partner.
8. Community Of Partners. The Untangle The Knot Community Of Partners (the “Community Of Partners”) is a network of professional providers of products and services designed to assist individuals in connection with their divorces. If you are a member of the Community Of Partners or registered for the Service in order to join the Community Of Partners, the following additional terms apply to you.
8.1 Approval. We will review your registration materials and Customer Date and will use commercially reasonable efforts to promptly notify you if you are approved to participate in the Community Of Partners. Untangle The Knot will make such determination in its sole discretion. Once approved by us, you will be a “Community Partner”. You may terminate your participation in the Community Of Partners at any time upon thirty (30) days’ notice to Untangle The Knot.
8.2 Promotion. If approved as a Community Partner, Untangle The Knot agrees to promote you and your professional services on the Site. In addition, you agree to promote Untangle The Knot, and to use commercially reasonable efforts to direct potential users to the Site (“Promotion”). Each party (the “Promoted Party”) grants to the other (the “Promoting Party”) a non-exclusive, limited, non-transferrable right and license to use the Promoted Party’s trademarks, service marks, trade dress, trade names, corporate names, brand names, product names, proprietary logos, proprietary symbols, and all other indicia of origin (collectively “Marks”) strictly in connection with the Promotion. Neither party’s use of the other party’s Marks creates any ownership right in the Marks. Each party is the sole and exclusive owner of all right, title and interest in and to their respective Marks, and all uses of the Marks and all goodwill associated with the Marks will inure to the benefit of the owner of the Mark. Each party’s use of the other party’s Marks will be in accordance with such party’s policies regarding Mark usage, as provided in writing to the party using such Marks from time to time. Neither party may delete, alter, cover, or distort any proprietary rights notice associated with the other party’s Marks and shall ensure that all such notices are reproduced on all copies thereof. You agree to indemnify, defend, and hold Untangle The Knot harmless from and against any actions, demands, costs, expenses (including reasonable attorneys’ fees), and other losses suffered by Untangle The Knot as a result of its use of your Marks in accordance with these Terms.
8.3 Distribution of Materials. As a Community Partner, Untangle The Knot makes available to you certain Materials available to you via the Partner Access area of the Site (“Partner Materials”). Notwithstanding Section B.3 of these Terms, you may download and distribute the Partner Materials in connection with your divorce-related services business. You may not, and may not permit any other party to, modify or create derivative works of the Partner Materials.
8.4 Professional Warranty. You represent and warrant that: (a) you are a professional provider of divorce-related services, (b) if required by applicable rules, laws, or regulations, you are properly licensed to provide such services, and (c) you will comply with all applicable rules, laws, regulations, and professional standards in connection with your performance of such services, and will perform such services in accordance with the highest professional standards. You will indemnify, defend, and hold Untangle The Knot harmless from and against any actions, demands, costs, expenses (including reasonable attorneys’ fees), and other losses suffered by Untangle The Knot as a result of your breach of the foregoing.
9. Fees and Payment. Untangle The Knot may offer the Service on a subscription basis or on a per-transaction basis as set forth on the Site. The fees for the Service are posted on the Site and are subject to change without notice. You agree to pay us in advance the applicable fees for the Service provided under these Terms. We will bill your credit card for all fees. You will provide Untangle The Knot with accurate and complete billing information including legal name, address, telephone number, and credit card or debit card billing information. If such information is false or fraudulent, Untangle The Knot reserves the right to terminate the Service and your access to the Site in addition to seeking any other legal remedies. Untangle The Knot is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by Untangle The Knot. Each charge will be considered valid unless disputed by you in writing within thirty (30) days after the billing date. No adjustments will be made for disputed charges made more than thirty (30) days after the billing date. All fees will be paid in U.S. dollars and are due as set forth on the Site. Untangle The Knot’s fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on Untangle The Knot’s income.
10. Suspension and Termination of Access and Membership. Untangle The Knot reserves the right to suspend or terminate your account and use of the Site, at any time, without notice, for any reason, including but not limited to the following:
- Breach of these Terms, including policies or guidelines set forth by Untangle The Knot elsewhere;
- Conduct that Untangle The Knot believes is harmful to other users of the Service or the business of Untangle The Knot or other third party information providers (including slowing down the servers and affecting other users); or
- Untangle The Knot’s belief that your continued use of the Service materially degrades the value of the Service to other Users.
Further, you agree that Untangle The Knot shall not be liable to you or any third party for any termination of your access to the Site. Untangle The Knot reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Untangle The Knot shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
12. Disclaimer of Third Party Actions. You acknowledge that Untangle The Knot does not and cannot control the flow of data to or from the Service or within any portion of the Internet. Such flow depends in large part on the performance of Internet services provided or controlled by third parties. At times, actions or omissions of such third parties can impair or disrupt your connections to the Internet (or portions thereof). Although Untangle The Knot will use commercially reasonable efforts to take actions it deems appropriate to remedy and avoid such events with respect to your use of the Service, Untangle The Knot cannot guarantee that such events will not occur. Accordingly, Untangle The Knot disclaims any and all liability resulting from, or related to, such events.
13. Disclaimer of Warranty. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE AND YOUR RELIANCE ON THE SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN PARTICULAR, UNTANGLE THE KNOT MAKES NO WARRANTY THAT THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, THAT THE SITE OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE SITE, INCLUDING THE SERVICE WILL BE AVAILABLE, THAT DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR THAT DATA ARE SECURE FROM UNAUTHORIZED ACCESS. UNTANGLE THE KNOT MAKES NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICE, PROMOTIONS, OR THE DELIVERY OF ANY GOODS OR SERVICE, PURCHASED, ACCESSED OR OBTAINED THROUGH THE SITE OR ADVERTISED THROUGH THE SITE. NO ADVICE OR INFORMATION GIVEN BY UNTANGLE THE KNOT, ITS EMPLOYEES OR AFFILIATES, OR ANY OTHER USER SHALL CREATE A WARRANTY. IN ADDITION, UNTANGLE THE KNOT DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT OR WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY UNTANGLE THE KNOT OR OUR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
SECTION C. TERMS APPLICABLE TO REGISTERED AND UNREGISTERED USERS OF THE SITE
1. Rules of Conduct
1.1 You expressly agree that you are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in any unacceptable uses of the Service, which include, without limitation, use of the Service to:
(b) interfere, disrupt or attempt to gain unauthorized access to other accounts on the Site or any other computer network;
(c) use the Site or the Service in connection with any commercial endeavors without Untangle The Knot’s express written consent;
(d) create user accounts by automated means or under fraudulent or false pretenses;
(e) create or transmit unsolicited electronic communications such as spam to Users or promote any products or services;
(f) collect and publish any information about any of our Users;
(g) adapt, modify or reverse engineer any portion of the Service or the Site;
(h) use any spider, robot, retrieval application, or any other device to retrieve any portion of the Site;
(i) reformat any of the pages that are part of the Site;
(j) disseminate, store or transmit viruses, worms, Trojan horses or other malicious code or program;
(k) encourage conduct that would constitute a criminal or civil offense;
(l) violate any applicable federal, state, local or international law or regulation;
(m) invade the privacy of any person, including but not limited to submitting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 13 years of age);
(n) submit false or misleading information to Untangle The Knot, the Site or other Users; or
1.2 We cannot and do not assure that other Users are or will be complying with the foregoing rules of conduct or any other provisions of these Terms, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance. Under no circumstances shall Untangle The Knot by liable for the acts or omissions of any User.
2. Copyright, Other Proprietary and Privacy Protection for Other Users’ Content on the Site. Untangle The Knot hereby notifies you that all the information, content, image files, software and materials on the Site may be protected by U.S. and international copyright and other intellectual property laws and by other applicable laws, including privacy laws. You understand that Untangle The Knot is unable to provide you with permission to copy display or distribute material for which you do not own the copyright or other intellectual property rights. You may not copy or distribute such material without the written consent of the owner, and you are solely responsible for any copyright or other intellectual property law violations that you may incur as a result of your activities on the Site. Untangle The Knot has the absolute right to terminate your account or exclude you from any Site if you use our Service to violate the intellectual property rights or other rights of third parties. You agree to indemnify and hold Untangle The Knot harmless for any violation of this provision.
4. Limitation of Liability.
4.1 YOU ACKNOWLEDGE, BY YOUR USE OF ANY OF THE SITE OR SERVICE, THAT YOUR USE OF THE SITE OR SERVICE AND ANY RELIANCE UPON EITHER IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH YOUR USE OF THE SITE OR SERVICE. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL UNTANGLE THE KNOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, IMAGES, DATA OR OTHER INTANGIBLES, EVEN IF UNTANGLE THE KNOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OR THE INABILITY TO USE THE SITE OR THE SERVICE, FROM ANY CHANGES TO THE SITE OR THE SERVICE OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
4.2 YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU SPECIFICALLY ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES SHALL UNTANGLE THE KNOT BE LIABLE OR RESPONSIBLE FOR HARM OR DAMAGES ARISING FROM YOUR USE OF THE INFORMATION, FACTS, AND OPINIONS AVAILABLE THROUGH THE SERVICE AND THE SITE OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION, FACTS, AND OPINIONS AVAILABLE THROUGH THE SERVICE AND THE SITE. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST UNTANGLE THE KNOT AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE SERVICE AND THE SITE AND THE INFORMATION, FACTS, AND OPINIONS AVAILABLE THEREON. YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM THESE POSSIBLE HARMS.
4.3 YOU SPECIFICALLY ACKNOWLEDGE THAT DOWN-TIME AND COMPUTER VIRUSES ARE RISKS INHERENT IN THE USE OF THE INTERNET AND SOFTWARE PRODUCTS. YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM THESE POSSIBLE HARMS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT YOU MAY BE DISCLOSING SENSITIVE, PRIVATE AND CONFIDENTIAL INFORMATION ABOUT YOURSELF IN YOUR USE OF THE SITE AND THE SERVICE AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM YOUR RELEASE OF SUCH USER CONTENT.
4.4 IF YOU ARE DISSATISFIED WITH THE SITE OR THE SERVICE OR WITH ANY OF THESE TERMS, OR FEEL UNTANGLE THE KNOT HAS BREACHED THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE SERVICE. THE TOTAL LIABILITY OF UNTANGLE THE KNOT TO YOU FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS OR USE OF THE SITE OR THE SERVICE SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICE DURING THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM. IT IS THE INTENTION OF YOU AND UNTANGLE THE KNOT THAT THIS PROVISION BE CONSTRUED BY A COURT AS BEING THE BROADEST LIMITATION OF LIABILITY CONSISTENT WITH APPLICABLE LAW.
4.5 SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
5.1 Applicable Law and Jurisdiction. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or the Service or these Terms must be brought, if at all, within one year from the accrual of the claim or cause of action or be forever barred. You and Untangle The Knot agree that these Terms and any claims hereunder shall be governed by and subject to the laws of the state of Colorado, without giving effect to any principles of conflicts of law. You agree to personal jurisdiction by and venue in the state and federal courts for Boulder, Colorado.
5.2 No Resale of Services. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service without Untangle The Knot’s express written consent.
5.3 Independent Contractors. No joint venture, partnership, employment, or agency relationship exists between you and Untangle The Knot as a result of these Terms or use of the Site or the Service.
5.4 Enforcement. If any legal action is brought to enforce these Terms, the prevailing party will be entitled to reimbursement of its attorneys’ fees, court costs, and other collection expenses, in addition to any other relief it may receive from the other party.
5.5 Force Majeure. Untangle The Knot will not be liable by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, material shortages or any other cause which is beyond Untangle The Knot’s reasonable control.
5.6 Waiver. The failure of Untangle The Knot to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by Untangle The Knot in writing.
5.7 Construction. The headings of Sections of these Terms are for convenience and are not to be used in interpretation.
5.8 Entire Agreement. These Terms constitute the entire agreement between you and Untangle The Knot and govern your use of the Site and the Service, superseding any prior agreements between you and Untangle The Knot. The failure of Untangle The Knot to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you and Untangle The Knot nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.