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    ProVault LLC

    DBA DivorceHelp123

    Terms and Conditions

    March 14, 2014

     

    The following Terms and Conditions govern the relationship between ProVault LLC Doing Business As DivorceHelp123 and the individuals, businesses, and organizations that use its services. ProVault LLC DBA DivorceHelp123 will refer to itself as DivorceHelp123. Professional services firms which contract with DivorceHelp123 for its primary application services will be referred to as Firms. Staff members of Firms will be referred to as Firm Members. Firm’s permitted clients will be referred to as Firm Clients. Independent parties who contract directly with DivorceHelp123 for services will be referred to as Independent Parties. Subscriber’s permitted third parties involved with the case will be referred to as Third Party Users. Marketing services such as vendor listings, ads, and lead programs will be referred to as Marketing Services. Individuals and businesses which contract with DivorceHelp123 for Marketing Services will be referred to as Vendor Subscribers, referred to as Individual Vendor Subscribers and Business Vendor Subscribers respectively. Individual Vendor Subscribers and staff members of Business Vendor Subscribers will be referred to as Vendor Users. Individuals who use DivorceHelp123’s forum will be called Forum Users. Collectively, Firms, Independent Parties, Vendor Subscribers, and Forum Users will be referred to as Subscribers. Firm Members, Firm Clients, Independent Parties, Third Party Users, Vendor Users, and Forum Users who use the services, will be referred to as End Users.

    Marketing Services

    Vendors Subscribers who purchase Marketing Services with DivorceHelp123 website are subject to additional terms and conditions provided below.

     

    Beta Test Period

    End Users who use the DivorceHelp123 Services, or portions of DivorceHelp123 Services, during a beta-test period are subject to these Terms and Conditions and the following exceptions or additions to the Terms and Conditions..

    Some of the functionality will be limited during the beta-test period.

    End User agrees to use and evaluate the Services, and to report to DivorceHelp123 the results of such use and evaluation, including any defects or bugs found. Such results may be reported verbally or by submitting an email to: customersupport@intake123.com.

    The likelihood of unscheduled down time, and the likelihood for software errors or bugs, is higher.

    DivorceHelp123 reserves the right to terminate the Services at any time.

    End Users will not be charged for the Services during the beta test period.

     

    Application or portions of applications considered to be in a beta test period will be clearly identified to End Users by DivorceHelp123.

    DivorceHelp123 may update these Terms and Conditions from time to time without notice to End Users. End Users can review the most current version of the Terms and Conditions at any time at http://www.divorcehelp123.com/legal.

    1. DivorceHelp123 Services; Permitted Use.

    DivorceHelp123 provides End Users with software as a service through DivorceHelp123’s website located at www.divorcehelp123.com (the "Remote Software"). DivorceHelp123 also may provide Subscribers with technical support to assist them in configuring and maintaining their accounts and applications. Firm Members are responsible for providing legal and training support to their Firm Clients. DivorceHelp123 provides supplemental support for Firm Clients. Additional services may be added from time to time. All of the services provided to End Users by DivorceHelp123 are referred to as "Services" and all are subject to these Terms and Conditions. Different types of users have access to different parts of the Services.

    End Users are responsible for obtaining access to the Services and that access may involve third party fees (such as internet service provider, airtime, cellular data plan, and long distance charges). In addition, End Users must provide and are responsible for all equipment necessary to access and use the Services.

    DivorceHelp123 may schedule down times for maintenance and upgrades. DivorceHelp123 will post all scheduled down times on its support page at http://www.divorcehelp123.com/customer-support. DivorceHelp123 may have occasional down times that are unscheduled due to circumstances beyond its control.

    DivorceHelp123 provides the Service directly to four types of Subscribers: Firms, Independent Parties, Vendor Subscribers, and Forum Users. Subject to payment of applicable fees, (i) Firms are permitted to grant Service access to their Firm Members and Firm Clients, (ii) Firms and Independent Parties are permitted to grant limited Service access to other third parties involved with the case (Third Party Users), (iii) Business Vendor Subscribers are permitted to grant limited Service access to its staff (Vendor Users), and (iv) Individual Parties, Individual Vendor Subscribers, and Forum User are permitted to access contracted Services. All such parties who are permitted to access the Service are "End Users".

     

    Services are provided to Subscribers through access keys on a "per user" and "per matter" basis. Subscription fees must be paid according to the number of individual employee users of DivorceHelp123 for a Firm Subscriber, irrespective of the number of clients or cases involved. Separate "per matter" fees must be paid for each matter of a Firm Client or Independent Party who accesses the Services during the course of a single matter. In no event shall the number of persons authorized to have access to the Services exceed the number of End User access keys obtained by such Subscriber. Access types and associated rights are subject to update from time to time and further described at http://www.divorcehelp123.com/services-pricing.

    All End Users must execute a form of this Agreement, whether by clickwrap or otherwise. Subscribers are responsible for any breach of this Agreement by their permitted End Users. If Subscriber learns that any End User has breached any such provision, such Subscriber must immediately notify DivorceHelp123.

    2. Billing and Fees.

    DivorceHelp123 will charge the Subscriber’s credit card, checking account, or Paypal account for the monthly, quarterly, yearly, or per matter fee, as applicable, and will continue charging the Subscriber’s credit card each period until the Subscriber cancels the Services. All fees not already paid are subject to change on 30-days notice and will be billed or charged at the new rates automatically. A listing of current fees and charges can be found athttp://www.divorcehelp123.com/services-pricing.

    If payment is not made (because of a rejection of the charge by the Subscriber’s credit card company or otherwise), DivorceHelp123 will email a notice to the Subscriber and will, either immediately or at a reasonable time after nonpayment, suspend the Subscriber’s account and terminate Subscriber’s use of the Services, including all access keys for End Users.

    A Subscriber must provide written notice of a disputed fee within 60 days of the invoice or charge (whichever is earlier). Termination of a Subscriber’s service does not relieve a Subscriber for amounts owed for Services provided.

    3. Termination of Services.

    DivorceHelp123 may and will suspend or terminate an End User’s account and use of the Services immediately, and without prior notice, if: an End User violates the DivorceHelp123 policies; an End User transmits any content that violates a law or regulation or policy of DivorceHelp123; any information provided to DivorceHelp123 by an End User is inaccurate or becomes inaccurate; an End User breaches these Terms and Conditions; or upon request of law enforcement or other government agency. Termination for non-payment is discussed above.

    A Subscriber may terminate the Subscriber’s account doing one of the following:

    1. Submitting a cancellation request to: cancel@intake123.com with the Subject: "Cancel"

    2. Selecting the Cancel Subscription Services option located within the DivorceHelp123 Application for (Firms and Independent Parties).

    3. Selecting the Cancel Subscription Services option located within Account Management (for Vendor Subscribers and Forum Users).

    No refund of prepaid service or account fees will be made. DivorceHelp123’s cancellation and refund policy is provided at http://www.divorcehelp123.com/cancellation-refund-policy. Termination of a Subscriber’s account includes: removal of access to all Services by the Subscriber and all its permitted End Users; deletion of all information, files, and content associated with or inside the End User’s account (or any part thereof); and barring further use of the Services.

    4. Other End User Responsibilities.

    Each End User who is an individual represents that he or she is of legal age to form a binding contract and that he or she is not a person barred from receiving the Services under the laws of the United States or any other jurisdiction that is applicable to the End User.

    Each End User that is an entity represents that the person completing the registration and other information is legally entitled to enter into a contract on behalf of the entity and is authorized to contract for the Services and agree to these Terms and Conditions.

    Each End User also agrees to: (a) provide true, accurate, current, and complete information about the End User on any registration form or questionnaire; and (b) maintain and promptly update any information to keep it true, accurate, current, and complete.

    End Users are responsible for remembering and maintaining the confidentiality of their password and account information. End Users must also have access to and maintain as secure the End User’s encryption key. Each End User is responsible for all activities that occur under the End User’s account. End Users must notify DivorceHelp123 of any unauthorized use of a End User’s password or account or any other breach of security.

    End Users agree to comply with all local rules regarding online conduct and acceptable content, including all applicable laws regarding the transmission of technical data exported from the United States or the country in which an End User is located.

    5. Privacy Policy.

    DivorceHelp123’s privacy policy may be viewed here http://www.divorcehelp123.com/legal.

    6. Indemnity.

    Each End User agrees to indemnify and hold DivorceHelp123, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: content submitted, posted, transmitted or made available through the End Users account; End User’s use of the Services; End User’s violation of these Terms and Conditions; or End User’s violation of any rights of another.

    7. DivorceHelp123’s Proprietary Rights.

    Each End User acknowledges and agrees that the Services are being provided using proprietary and confidential information that is protected by applicable intellectual property and other laws. DivorceHelp123 hereby grants to End User a limited, non-exclusive right to use the Remote Software solely and only in accordance with these terms and conditions and in connection with End User’s lawful use of the Services. DivorceHelp123 retains all right, title, and interest to the Remote Software except for the limited usage rights granted to End User. End User agrees not to attempt to decompile, reverse engineer or otherwise produce a source code statement of the Remote Software.

    8. Disclaimer of Warranties and Limitation of Liability.

    Each End User expressly understands and agrees that:

    Use of the Services is at the End User’s sole risk. The Services are provided on an "as is" and "as available" basis. DivorceHelp123 expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of mechantability, fitness for a particular purpose, and non-infringement.

    DivorceHelp123 makes no warranty that the Services will be software bug-free, uninterrupted, timely, secure, or error-free.

    Each End User expressly agrees and understands that DivorceHelp123 will not be liable to any End User for direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to loss of profits, goodwill, use, data, or other intangible losses resulting from the End User’s use of the Services. This includes damages arising from the inability to use the Services, the cost of procuring substitute services or switching to another service, and unauthorized access to an End User’s account. DivorceHelp123 does not provide legal advice and makes no guarantee for the result of any proceeding. Information given by DivorceHelp123 and its staff should be considered a helpful resource, but DivorceHelp123 does not guarantee the accuracy of any statement made. End Users should verify all information provided by DivorceHelp123 with their attorney or with original source documents from their governing court.

    Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Some of the above limitations may not apply to some End Users.

    9. General Terms and Conditions.

    There are no third party beneficiaries to these Terms and Conditions.

    No End User may assign his or her rights to the Services to anyone else.

    If DivorceHelp123 needs to notify an End User, it will do so by sending an email to the address provided by End User.

    These Terms and Conditions and any posted policy of DivorceHelp123 are the entire agreement between DivorceHelp123 and its End Users. No employee, officer, or agent of DivorceHelp123 has the authority to vary or amend these terms and conditions for an End User or to waive the applicability of a term.

    These Terms and Conditions and the relationship between the End Users and DivorceHelp123 is governed by the laws of the State of Colorado, USA without regard to its conflict of law provisions. Each End User agrees to submit to the personal and exclusive jurisdiction of the courts located within El Paso County, Colorado, USA and to initiate any actions regarding these Terms and Conditions in the courts of El Paso County, Colorado, USA.

    Each End User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.