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Privacy Policy
Divorced Club Statement of Mission
Divorcedclub.com provides users with access to online resources,
including, communication, online forums, entertainment, shopping
services, professional services, and branded programming through
its network. Any new features that augment or enhance the
current service, including the release of new Divorcedclub.com
properties, shall be subject to the Terms set forth herein.
You understand and agree that the service provided is "AS-IS"
and that Divorcedclub.com assumes no responsibility for the
timeliness, deletion, mis-delivery or failure to store any
user communications or personalization settings.
Submission of info and / or Donations
Divorced Club is not responsible for copyright infringements
or content of chat rooms or poetry. All poetry is to be original
content and once submitted becomes the property of Divorced
Club. Any person making a voluntary donation to this web site
does so at his / her own discretion, without coercion and
in good faith. All donations are non-refundable.
Privacy Policy
Our privacy practices apply to all services under the domain
name of www.Divorcedclub.com.
By using this web site you agree to be bound by the terms
and conditions of this privacy policy. If you do not agree
please do not use or access our site. By accessing this Web
Site, you expressly consent to our use and disclosure of your
personal information in accordance with this Privacy Policy.
This Policy is effective upon acceptance in registration for
new registering users, and is otherwise effective on August
20th 2004 for all new users. This Privacy Policy covers treatment
of personal identifiable information and other information
that Divorced Club collects when you use Divorced Club services.
Divorced Club collects personal identifiable information when
you register for Divorcedclub.com, Chat Rooms, Soap Box, Poetry
Corner, News Letter, Freelance Writers, and when you order
products from Divorcedclub.com or contact Professional Advertisers.
At Divorced Club we are committed to providing the finest
service and products. Information is fundamental to our ability
to do this, and we fully recognize the importance of keeping
our visitors personal and account information secure and private.
Divorced Club will not sell, rent or share your personal identifiable
information to anyone, unless we believe that your actions
on our web site violate any law, ordinance or our own policy.
Changes to the Privacy Policy
Divorced Club may amend this policy from time to time. If
we make any substantial changes in the way we use your personal
information we will notify you by posting a prominent announcement
on our web site.
Security
Your Divorced Club user account information is password protected
for your privacy and security, in certain areas Divorced Club
uses industry standard SSL encryption to protect data transmissions,
however, no server, computer network or system, or data transmission
over the internet can be guaranteed to be 100 % secure. We
strive to protect user information, but we cannot ensure or
warrant the security of any information you transmit to us
from our Web site and providing such information to us and
is at your own risk. Once we receive a transmission from you,
we will endeavor to maintain the security on our ISP's systems.
Because of unanticipated changes in governing statues and
case law relating to the application of the information contained
on this web site (Divorcedclub.com), the authors and creators
and any and all persons or entities involved in any way in
preparation of the web site or advertisements on the web site
disclaim all responsibility for the legal effects or consequences
of the interpretation of the information provided. Individuals
seeking legal information should seek advice from family law
professionals and experts. This web site was not created and
made available with the intention that it be used to procure
aid in any legal matters in any jurisdiction. It is a support
site only. Divorcedclub.com is provided to you free of charge,
"As-Is". Divorcedclub.com uses its best efforts
to manage the web site, but is not responsible for the results
of any defects that may be found to exist or of lost profits
or other consequential damages that may result from such defects.
Do not assume Divorcedclub.com is error free. Divorcedclub.com
produces search links to sites located throughout the worldwide
web and internet.Divorcedclub.com makes no guarantees as to
such sites and information including the accuracy, content,
or quality of material, statements or information. Divorcedclub.com
is not responsible for the content of any advertisements or
poetry, or any infringement of any trademark, copyright or
other rights of any party contained in the Web Site or any
violation of any applicable laws, orders, rulings or regulations
arising anywhere in the world from where the Web Site can
be accessed.
Trademark and Copyright Notices
The information on this Web Site is protected by U.S. copyright,
Copyright (C) 2004 Divorcedclub. The trademarks and logos
displayed on this Web Site are registered and unregistered
trademarks of divorced club unless otherwise noted. Nothing
on this Web Site grants, by implication, estoppel or otherwise,
any license or right to use any trademark, without Divorceclub's
authorization and written permission. The name and trademarks
of Divorcedclub, including in advertising or publicity pertaining
to this Web Site may not be used without Divorceclub's prior
written permission. You are not authorized to use any Divorcedclub
logos as a hyperlink to this Web Site unless you obtain Divorceclub's
written permission in advance.
Limitations on Use
If Divorcedclub determines, in its sole discretion, that you
are violating use limitations, Divorcedclub may immediately
suspend and terminate access to this Web Site, without liability
to Divorcedclub and without notice to you. This Web Site is
intended for use by persons of age 18 and older and is not
for children. Children under the age of 18 may use this site
only with the supervision / consent of a parent or guardian.
You are prohibited from violating or attempting to violate
the security of this Web Site including, accessing data not
intended for you or logging in to a server or account which
you are not authorized to access; attempting to probe, scan
or test the vulnerability of a system or network or to breach
security measures without proper authorization; attempting
to interfere with use by or service to any user, visitor,
host, or network, including submitting a virus or other harmful
code or software to this site, by overloading, "Flooding",
"Spamming", "Mail bombing" or "Crashing".
Sending unsolicited e-mail including promotions and / or advertising
of products or services, or creating any forged, false or
misleading information, including header, origin, or routing
information, in any e-mail, upload or posting.
Visitor/Member Account, Password and Security
You will receive a password and account designation upon
completing a registration form. 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 immediately notify Divorcedclub.com
of any unauthorized use of your password or account or any
other breach of security, and ensure that you exit from your
account at the end of each session. Divorcedclub.com will
not be liable for any loss or damage arising from your failure
to comply with this section, whether known or unknown, anticipated
or not.
Registration Obligations
You agree and warrant that you will not use (or plan, encourage
or help others to use) this Web Site for any purpose or in
any matter that is prohibited by these terms and conditions,
or any other law or ordinance of the United States. It is
your responsibility to ensure that your use of this Web Site
complies with these terms and conditions. You specifically
agree not to do any of the following:
(1) Post any incomplete, false, outdated, illegal or inaccurate
information about yourself or your organization.
(2) Upload, post, transmit, retransmit, distribute or store
any material or content that is abusive, obscene, indecent,
profane, pornographic, threatening or harassing, libelous,
defamatory, invasive of another's privacy, tortuous, racially,
ethnically or otherwise objectionable, including material
that restricts a civil liberty.
(3) Any action, which restricts or inhibits any use or enjoyment
of the services or products of this
Web Site.
(4) Utilize this Web Site or its services to harm minors
in any way.
(5) Violate rights protected by copyright, trade secret,
patent, or other intellectual property, of laws or regulations,
including but not limited to, the installation or distribution
of "pirated" or other software products that are
not appropriately licensed for use.
(6) Violate export control laws.
(7) Upload, post, transmit, retransmit, distribute or store
any false data, including but not limited to data on enrollment,
on-line applications, contracts including fraudulent use of
credit card numbers, social security numbers or other personal
identification, or store any material or content that you
do not have a right to transmit under any law, contract or
fiduciary relationship (such as inside information or proprietary
and confidential information)
(8) Falsely misrepresent an identity or affiliation, falsify
data directly or indirectly, in order to disguise or misrepresent
the origin or identity of any content or transmission.
(9) Upload, post, transmit, retransmit, distribute or store
any material or content that contains any unsolicited, unregistered
or unauthorized advertising, chain letters, illegal contest,
junk mail, promotional materials, pyramid schemes, business
opportunities, club memberships, spam or any other form of
solicitation.
(10) Upload, post, transmit, retransmit, distribute or store
any material that contains software viruses, computer code,
files or programs designed to interrupt, destroy, modify or
limit the functionality of another computer software, hardware
telecommunications equipment or support services.
(11) Disrupt the normal flow of dialogue to, or otherwise
act in a matter that negatively affects other user's ability
to use the services of this Web Site. Interfere with or disrupt
the operations of this Web Site, including the support provided
by any linked sites, or fail to follow any of the requirements,
procedures, policies or regulations of networks connected
to this Web Site.
(12) Attempt to use multiple log-ins or circumvent time charges
accounting or login protections, consume excessive resources,
including CPU time, memory, storage space resources, or fail
to safeguard or to share passwords or accounts with others
in any way which disrupts or negatively affects the services
of this Web Site.
(13) Post content, transmit e-mail or link other sites for
the marketing, sales, or distribution of any product or service
in violation of any law or personal rights that if displayed
or sold on a Web Site, would cause this Web Site to violate
any law, statute or regulation.
(14) Collect information about third parties, or other users
of this Web Site, including e-mail addresses, without their
express and verified consent.
(15) Attempting to breach the security of this Web Site or
other services used in conjunction with this Web Site, including
but not limited to, hacking, cracking, port scans or flood
pings.
(16) Misusing e-mail or posting capabilities, sending unsolicited
e-mail or bulk mailing of commercial advertising and information
announcements, harassing recipients through language, frequency,
or size of messages, sending e-mail chain letters or pyramid
schemes, sending e-mail with false or misleading statements,
claims or representations, and canceling or superseding posts,
data or content other than the user's own.
(17) Using or attempting to use any engine, software tool,
agent, or other device or mechanism (including without limitation
browsers, spider, robots, avatars or other intelligent agents)
to navigate or search this Web Site, other than the search
engine and search agents available from Divorcedclub.com on
this Web Site and other than generally available third party
Web browsers (e.g. Netscape Navigator, Microsoft Explorer,
etc.) or attempting to link directly to locations embedded
within this Web Site.
(18) Attempting to decipher, decompile, disassemble or reverse
engineer any of the software comprising or in any way making
up part of this Web Site or other service providers or links
to this Web Site.
(19) Create a border environment, frame or replicate the
content of this Web Site through another
Web Site.
(20) Imply or represent, directly or indirectly, by linking
or otherwise, that Divorcedclub.com or this Web Site is affiliated
with, endorses, or has any relationship with any other entity
or Web Site, without the prior written permission of Divorcedclub.com.
Termination
You agree that Divorcedclub.com, in its sole discretion,
may terminate your use of the site, and remove and discard
any content within the site, for any reason, including lack
of use or if Divorcedclub.com believes that you have violated
or acted inconsistently with the letter or spirit of these
terms and conditions. Divorcedclub.com may also in its sole
discretion and at any time discontinue providing the service,
or any part thereof, with or without notice. Further, you
agree that Divorcedclub.com shall not be liable to you or
any third-party for any termination of your access to the
site.
Dealings with Advertisers
Your contact, correspondence or business dealings with, or
participation in promotions of any advertisers found on or
through the site, including payment and delivery of related
goods or services, and any other terms, conditions, warranties
or representations associated with such dealings, are solely
between you and the advertiser. You agree that Divorcedclub.com
shall not be responsible or liable for any loss or damage
of any sort incurred as the result of any such dealings or
as the result of the presence of such advertisers on the site,
whether anticipated or unanticipated losses.
DISCLAIMER
You expressly understand and agree that:
A. Your use of the service is at your sole
risk, the service is provided on an "AS-IS" and
"AS Available" Basis.Divorcedclub.com expressly
disclaims all warranties of any kind, whether expressly or
implied, including, but not limited to the implied warranties
of merchantability, fitness for a particular purpose and non-infringement.
B. Divorcedclub.com makes no warranty that
(1) the service will meet your requirements,
(2) The service will be uninterrupted, timely,
secure, or error-free, (3) the results that
may be obtained from the use of the service will be accurate
or reliable, (4) the quality of any products,
services, information, or other material purchased or obtained
by you through the service will meet your expectations, and
(5) any errors in the software will be corrected.
C. Any material downloaded or otherwise obtained
through the use of the service is done at your own discretion
and for any damage or risk and that you will be solely responsible
to your computer system or loss of data that results from
the download of any such material.
D. No advice or information, whether oral
or written, obtained by you from Divorcedclub.com or through
or from the service shall create any warranty not expressly
stated in the T.O.S.
LIMITATION OF LIABILITY
You expressly understand and agree that Divorcedclub.com shall
not be liable for any direct, indirect, foreseen or unforeseen,
incidental, special, consequential, or exemplary damages,
including but not limited to, damages for loss of time or
loss of profits, goodwill, use, data or other intangible losses
(even if divorcedclub.com or its service providers have been
advised of the possibility of such damages and however arising,
including negligence), resulting from or in connection with
(1) the use or inability to use Divorcedclub.com services
through this web site, (2) the provision of or failure to
provide services through this web site, (3) any claims, including
the cost of procurement of substitute goods and services,
resulting from any goods, data, information, software, graphics
or services purchased or obtained or messages received or
transactions entered into, through or from the service, (4)
unauthorized access to or alteration of your transmissions
or data, (5) statements or conduct of any third party or other
entity on the internet encountered through this web site or
its services, or (6) any other matter relating to the service.
In no event will the liability of Divorcedclub.com be in excess
of the amount you have paid to Divorcedclub.com during the
previous six months or $500.00 in U.S. dollars, whichever
is less. Because some jurisdictions do not allow the exclusion
or limitation of certain damages, Divorcedclub.com's liability
in those jurisdictions shall be limited to the fullest extent
permitted by law. However, if you are not satisfied with these
limitations, you must discontinue using this web site and
its services.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless Divorcedclub.com,
its officers, directors, employees, affiliates, partners,
subsidiaries and agents, third parties and service providers
acting on
Divorcedclubs.com's behalf ("Indemnified Parties")
from and against any and all claims, actions, losses, demands
and liability costs and expenses (Including without limitation
reasonable legal and accounting fees), arising from: (1) your
use of this web site or its services or content, (2) your
breach of this web site's Terms and conditions of use and
or Privacy policy as posted on this site and as modified from
time to time, (3) any information submitted, posted, or otherwise
provided by you through this web site, (4) any dispute or
litigation between an indemnified party and a third party
caused by your actions, and (5) your negligence or violation
or alleged violations of any rights of another, based on your
use of this web site, its services or content. Divorcedclub.com,
at your expense and Divorcedclub.com's discretion, may provide
notice to you of Divorcedclub.com's election to assist you
in defending any such claim, suit or proceeding, but doing
so will not excuse you from your indemnity obligations. You
agree to pay reasonable attorney and expert witness fees and
costs incurred by Divorcedclub.com or its agents or service
providers in enforcing this provision.
DISPUTE RESOLUTION
Any cause of action or claim you may have with respect to
the Service must be commenced within one year after the claim
or cause of action arises or such claim or cause of action
is barred. ALL DISPUTES, CONTROVERSIES OR CLAIMS, WHETHER
BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION
OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATING TO THIS
AGREEMENT AND THE SERVICE ("DISPUTES") SHALL BE
SETTLED BY FINAL AND BINDING ARBITRATION CONDUCTED IN CALIFORNIA,
BY A NEUTRAL ARBITRATOR, IN ACCORDANCE WITH THIS AGREEMENT
AND THE THEN CURRENT COMMERCIAL ARBITRATION RULES OF THE AMERICAN
ARBITRATION ASSOCIATION. The arbitrator shall also determine
the arbitrability of Disputes. Each party shall bear its own
expenses, except that the prevailing party may recover the
filing costs and the expenses of the arbitrator from the other
party. Any award of the arbitrator shall be in writing and
shall state the reasons for the award. Judgment upon an award
may be entered in any Court having competent jurisdiction.
The arbitrator shall not have the power to order pre-hearing
discovery of documents or the taking of depositions, but may
compel attendance of witnesses and the production of documents
at the hearing. The Federal Arbitration Act, 9 U.S.C. Sections
1 to 14, shall govern the interpretation and enforcement of
this paragraph. The parties, their representatives and participants
and the arbitrator shall hold the existence, content and result
of the arbitration in confidence, except to the limited extent
necessary to enforce a final settlement agreement or to obtain
or enforce a judgment on an arbitration decision and award.
The foregoing notwithstanding, this agreement shall not prevent
the parties from seeking and obtaining temporary equitable
remedies, including temporary restraining orders, from a court
with jurisdiction over the parties and the subject matter.
A request to a court for interim equitable relief shall not
be deemed a waiver of the obligation to arbitrate.
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