Online Divorce

NETDIVORCE TERMS OF USE


Any use by you of any NetDivorce, LLC (hereinafter NetDivorce) website, or any contents thereof, or of any NetDivorce service, whether connected to any website or not; any offer by you to use any NetDivorce website or service; and any acceptance by NetDivorce of any offer by you to use any NetDivorce website or service are pre-conditioned upon your continuing complete knowledge, whether actual or implied, and unconditional acceptance of the NetDivorce terms of service, as may be modified from time to time without notice to you:
  1. NetDivorce is not a law firm. NetDivorce offers no legal advice and provides no legal advice. If you suspect, now or in the future, that you need legal advice, consult a lawyer immediately.
  2. NetDivorce is an attractive alternative to a lawyer, but it cannot be, is not and should not be considered by you as a substitute for a lawyer or for legal advice when any such is needed. Only you can determine when, based upon the facts of your case from time to time, you need legal advice. NetDivorce makes no such determination for you and does not purport to do so.
  3. While you use NetDivorce, you will be and are acting as your own attorney in your divorce case. As such, all questions and issues regarding legal correctness, sufficiency, tactics and strategy must be determined by you and are and will be deemed as having been determined by you.
  4. NetDivorce handles only uncontested divorce where the spouses are in agreement and cooperative on all issues, including the divorce itself, at all times during the case. Accordingly, NetDivorce handles no restraining orders other than any standard and automatic restraining orders that are issued in any divorce. NetDivorce also handles no temporary orders such as for temporary child support or temporary custody or temporary propery/debt orders. The reason NetDivorce does not handle any such contentious orders is that by definition, NetDivorce users and their spouses are in agreement and therefore should not need such orders. You may certainly file for a restraining order or temporary order yourself or through an attorney and should do so if you deem such appropriate. NetDivorce cannot and does not advise you as to whether you need any such orders or any legal advice. However, if you find yourself in need of such orders, you should discontinue the use of NetDivorce (or ANY uncontested) service immediately because your case, given those facts, is no longer an uncontested cooperative case. Continuing NetDivorce service when you need legal advice could harm your legal position and make your case more difficult and more expensive. NetDivorce so advises you.
  5. NetDivorce service is offered only to one spouse per divorce case.  If both spouses hire NetDivorce, the first spouse to hire NetDivorce is the NetDivorce client.   
  6. NetDivorce works only for the Petitioner in a divorce case. In a Summary Dissolution, in which both parties are joint Petitioners, NetDivorce works only for the spouse who hired NetDivorce first.
  7. By completing the signup process and hiring NetDivorce, you are representing that you are ready, willing and able to proceed as the Petitioner (the person who initiates and pursues the divorce process). NetDivorce encourages cooperation between spouses in the uncontested divorce process, but can only take instruction from and act on behalf of the person whose name is entered as the Petitioner.
  8. If both spouses hire NetDivorce and the first to do so is not the Petitioner in a filed case, NetDivorce cannot continue to provide service for either spouse. NetDivorce will issue a refund of unused fees to both spouses as of the time it is notified of the occurrence of this unusual event. 
  9. NetDivorce provides service only in uncontested California divorce cases from beginning to end.  NetDivorce offers and provides no service in any case that has already been filed at court other than through NetDivorce or has been handled or controlled at any time by anyone other than NetDivorce and offers and provides no service in any case in which a major issue (such as child custody or visitation or division of property/debt) is the subject of another existent case filed anywhere, whether a divorce case or not.
  10. When you sign up for NetDivorce service, you are provided a secure user name and you select your own password.  Only someone with knowledge of your user name and password can access and/or alter your secure NetDivorce account and the private confidential information stored in your NetDivorce account. You are NetDivorce's only client in your case.  You are strongly advised not to compromise that security by providing knowledge of your NetDivorce user name and password to any another person. NetDivorce cannot be responsible for any consequences of any compromised security caused by you. 
  11. The existence or provision of availability of any NetDivorce website or service is considered as an invitation to treat, i.e. an invitation by NetDivorce for you to offer to purchase NetDivorce service.  Your successful completion of the NetDivorce signup and payment process constitutes an offer by you to enter into a contract with NetDivorce for the purchase of services from NetDivorce.  NetDivorce reserves the right to decline your offer to purchase its services without cause and at its sole discretion within 72 hours of your successful completion of the NetDivorce signup and payment process.  If NetDivorce declines your offer, it will advise you of said decision and issue an immediate pro-rated refund of fees actually paid but not used. 
  12. Provision by you of an e-mail address signifies your continuing consent to receive e-mails from NetDivorce regarding your case only.  NetDivorce considers e-mail notifications and other messages concerning your case as necessary to its provision of service to you.  Such e-mails will not be intrusive in terms of content or number and will almost always be triggered by requests or action by you. NetDivorce also uses automatically generated weekly e-mail messages to keep you advised and current on your case.  Automatic e-mails are turned on in your NetDivorce account by default at the beginning of your case, but you can easily turn off (or back on) such notices from within your NetDivorce account (such as to permit a reconciliation attempt while not receiving NetDivorce messages). Of course, if you elect to turn off automatic weekly updates on your case, you will no longer receive critical updates and reminders concerning your case. NetDivorce cannot be responsible for any consequences of your non-receipt of NetDivorce e-mail notifications.
  13. Providing NetDivorce does not decline your offer to purchase its services within 72 hours of your successful completion of the NetDivorce signup and payment process, your NetDivorce account will be valid for a period of 1 year from the date you successfully complete the NetDivorce signup and payment process.  This provides you ample time to complete the 6-month process while permitting NetDivorce a reasonable opportunity to delete very old abandoned cases. 
  14. NetDivorce considers it necessary to its provision to you and others of a viable cost-effective high quality service that it may from time to time modify these terms at its sole discretion and without notice to you - other than the modification of these terms on this page.  You hereby acknowledge the possibility of modification and accept any and all such modifications. The NetDivorce terms of service that apply to your contract of service are those that are current, which are not necessarily those that were current at the commencement of your contract for services. NetDivorce regrets the apparent one-sided nature of this term, but asks you to consider that it is the only effective way that NetDivorce can react to continually changing conditions within the divorce industry while retaining an unified set of terms
  15. The law and legal procedure changes constantly and quickly and is always subject to interpretation by different courts, judges and even court clerks.  NetDivorce exercises considerable care to research and make amendment to its procedures to maintain the best possible service.  However, it is virtually impossible for any entity, even an expensive lawyer, to know and keep track of all such laws and procedure changes in every court.  While it is statistically unlikely that your case will suffer from any such law or procedure change, NetDivorce cannot guarantee that its practices and procedures will be current at all times in every court.  If it is not, you will receive timely modifications within a reasonable period of time so as to permit your case to advance with minimal delay. This is the exact same warranty as any expensive attorney will provide you.
  16. NetDivorce is not responsible for any loss, injury, claim or damage related to your use of any NetDivorce website or service.  Such loss, injury, claim or damage may be caused by, but not limited to, errors or ommissions or lack of availability of any NetDivorce website or service.  Your use of any NetDivorce website or service is at your own risk.
  17. REFUNDS: In conjunction with the NetDivorce Guarantee, our refund policy is based upon a service failure by NetDivorce. A service failure by NetDivorce is defined as one or more of our prepared forms being rejected for filing by the court twice in succession for the same defect. That defect must be the fault of NetDivorce. Any document rejection by the court because of (or partially because of) your content or your request(s) on any document is not the fault of NetDivorce.  If any document rejection occurs due to the fault of NetDivorce, NetDivorce reserves the right to attempt to correct the error once. NetDivorce also reserves the right to request documentary proof (which is ALWAYS provided by the court) of the reasons for the rejection.  You must request a refund within 30 days of the second rejection. The refunded amount will be of unused fees. Please understand that your change of mind or your spouse's change of mind is not a service failure by NetDivorce. Please do not hire NetDivorce unless you are certain that you want to be the Petitioner and that both you and your spouse are ready to proceed with an uncontested divorce. NetDivorce incurs costs to earn your business and incurs costs and provides valuable benefits after you have hired us but before you have downloaded any prepared forms.   Please be aware that NetDivorce's refund policy is entirely consistent with our major competitors' refund policies and the ethical refund policies of the ABA's Rules of Professional Conduct  
  18. These terms incorporate and include by reference the NetDivorce Guarantee, the NetDivorce Privacy Policy, the Cases NOT Handled section and the Retirement Plan section. These Terms of Use constitute the totality of your contract for services with NetDivorce. 
  19. None of these Terms of Use is negotiable or optional.