MOBILE APP END USER LICENSE AGREEMENT
Last Updated: September 6, 2017
THIS MOBILE APP END USER LICENSE AGREEMENT (“EULA”) is a binding agreement between you (“End User” or “you”) and Thomas & Associates Law Firm, LLC d/b/a Divorce Matters (“Divorce Matters”). This EULA governs your use of Divorce Matters’ mobile application and online services (including all related documentation, the “App”). The App is licensed, not sold, to you. If you do not accept all the terms in this EULA, then Divorce Matters is unwilling to license the App to you.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE APP. BY CLICKING THE “AGREE” BUTTON AND/OR DOWNLOADING, INSTALLING, OR USING THE APP, YOU (I) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (II) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; AND (III) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS, INCLUDING ALL TERMS EXPRESSLY SET OUT BELOW AND THOSE INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE APP AND DELETE IT FROM YOUR MOBILE DEVICE.
The disclaimers, terms, and conditions set forth in this EULA are of general App and may be supplemented by additional policies, procedures, disclaimers, guidelines, rules, terms, or conditions of specific App disclosed by Divorce Matters or its affiliates (“Specific Guidelines”), including through a registration process or other means. In the event of a conflict between this EULA and any Specific Guidelines, the Specific Guidelines shall control.
We may change this EULA from time to time without prior notice to you and will post the updated EULA on this page. ANY CHANGES TO THIS AGREEMENT WILL APPLY IMMEDIATELY UPON POSTING. If you do not agree to the modified EULA, you should discontinue your access and use of the App.
The App is generally available on [Divorce Matters’ website, through Google Play, the Apple App Store, and potentially other mobile application marketplaces.] [The following applies to any version of the App that you acquire from the Apple App Store. This EULA is entered into between you and Divorce Matters. Apple, Inc. (“Apple”) is not a party to this EULA and shall have no obligations with respect to the App. Divorce Matters, not Apple, is solely responsible for the App and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third party beneficiaries of this EULA. Upon your acceptance of this EULA, Apple shall have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary thereof. This EULA incorporates by reference the Licensed App End User License EULA published by Apple, located at http://www.apple.com/legal/internet-services/itunes/appstore/dev/stdeula/, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed App End User License EULA and this EULA, the terms of this EULA shall control.]
You may not use the App and may not accept this EULA if (a) you are not of legal age to form a binding contract, or (b) you are a person barred from receiving the App under the laws of the United States or other countries including the country in which you are a resident or from which you use the App.
You understand that the app is designed for informational purposes only, and it is your responsibility to seek the advice of an attorney for more detailed information or advice regarding any of the information or results provided by the App. The App, including any tools, calculators or other features included in the App, does not constitute legal advice, and Divorce Matters’ provision of the App does not constitute the practice of law. DO NOT USE THE APP OR ANY INFORMATION OR RESULTS PROVIDED BY THE APP AS A SUBSTITUTE FOR LEGAL COUNSEL. Relevant governing statutes and case law relating to certain information included in the App are subject to change at any time. Divorce Matters disclaims all responsibility for the legal effects or consequences of the interpretation of any information provided by or through the App.
You are responsible for evaluating all information and results that may be available through the App. Divorce Matters does not represent, warrant or guarantee any particular results with respect to your use of the App or any information available on the App. DIVORCE MATTERS DOES NOT MAKE ANY GUARANTEE ABOUT WHETHER ANY INFORMATION YOU FIND ON THE APP WILL HELP YOU ACHIEVE A PARTICULAR RESULT OR OUTCOME, OR THAT ANY RESULTS AVAILABLE THROUGH APP ARE ACCURATE OR COMPLETE. THE INFORMATION AND RESULTS AVAILABLE THROUGH THE APP ARE INTENDED TO BE ESTIMATES ONLY, BASED ON THE INFORMATION THAT YOU PROVIDE. Your legal obligations with respect to alimony, spousal support and/or child support may be different than the amount(s) estimated by the App, which are provided for informational purposes only. To obtain more detailed information, you should directly contact a qualified attorney in your geographic area.
3. LICENSE GRANT AND RESTRICTIONS ON USE
Subject to the terms of this EULA, Divorce Matters grants you and you hereby accept, a limited, non-exclusive, non-assignable, non-transferable license to download, install, access and use the App solely for your personal, non-commercial use strictly in accordance with this EULA and the App’s documentation. All rights not otherwise expressly granted by this EULA are reserved by Divorce Matters.
You will not, and will not allow any third party to: (i) license, sublicense, resell, rent, lend, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the App in any way; (ii) copy, modify, adapt, alter, translate, or create derivative works of the App; (iii) create Internet “links” to the App or “frame” or “mirror” the App; (iv) use, merge, or aggregate the App, or any component or element thereof, with other software, databases, or services not provided by Divorce Matters; (v) reverse engineer, decompile, disassemble, or otherwise attempt to derive the structure of the App or gain access to the source code of the App; (vi) circumvent, or attempt to circumvent, any electronic protection measures in place to regulate or control access to the App; (vii) use the App for unlawful purposes; (viii) create a database by systematically downloading and storing the App; (ix) use any robot, spider, app search/retrieval application, or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or in any way gather the App; (x) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the App.
Divorce Matters reserves the right to investigate and prosecute violations of any of the above obligations to the fullest extent of the law. Divorce Matters may involve and cooperate with law enforcement authorities in prosecuting users who violate this EULA. Divorce Matters may discontinue or alter any aspect of the App, restrict the time the App is available, or restrict the amount of use permitted at Divorce Matters’ sole discretion and without prior notice or liability. Such measures shall be taken in Divorce Matters’ sole discretion and without liability to you or any third party.
4. YOUR EQUIPMENT AND MOBILE DEVICES
You are responsible for providing, maintaining and ensuring the compatibility of all hardware, software, electrical, Internet and other physical requirements necessary for your use of the Sites. Your contract with your mobile network provider (“Mobile Provider”) will continue to apply when accessing or using the App on your mobile, handheld device (“Mobile Device”). YOU UNDERSTAND THAT YOUR MOBILE PROVIDER MAY CHARGE YOU FEES FOR YOUR USE OF ITS NETWORK WHILE ACCESSING OR USING THE APP, FOR DATA DOWNLOADING, E-MAIL, TEXT MESSAGES, FOR ROAMING, AND OTHER MOBILE PROVIDER OR THIRD PARTY CHARGES, AND THAT YOU ARE SOLELY RESPONSIBLE FOR SUCH FEES AND CHARGES. You understand that the App is provided over the Internet and mobile networks, so the quality and availability of the App may be affected by factors outside Divorce Matters’ control. Divorce Matters does not guarantee that the App will be compatible or operate with your Mobile Provider’s service plans, with any particular mobile device, or other piece of hardware, software, equipment, or device you install on or use with your Mobile Device. Divorce Matters is not responsible if the App is unavailable or if you cannot download or access the content on the App, for any compatibility or interoperability issues, or for any communication system failure which may result in the App being unavailable.
5. INTELLECTUAL PROPERTY OWNERSHIP
Divorce Matters alone (and its licensors, where applicable) owns all right, title, and interest, including all related intellectual property rights, in and to the App and any suggestions, ideas, enhancement requests, feedback, recommendations, or other information you may provide related to the App. Divorce Matters’ name, logo, and any product names associated with the App are trademarks of Divorce Matters, its affiliated companies, or third parties, and no right or license is granted to use them. Any logo, trademark, service mark, domain name, or trade name appearing on or within the App (“Marks”), whether registered or not, is the property of Divorce Matters (or its licensors, where applicable). You may not use any Marks without Divorce Matters’ express written permission.
6. YOUR USER ACCOUNT AND CONTENT
If you are permitted to and choose to create an account in connection with the App, you are the only person authorized to access and use your account. You will not give your username, password, or any other account information to a third party. You must immediately notify Divorce Matters of any known or suspected unauthorized use of your account or any known or suspected breach of security, including, but not limited to loss, theft, or unauthorized disclosure of your password. YOU ARE RESPONSIBLE FOR ALL ACTIVITY ON YOUR ACCOUNT. Any fraudulent, misleading, abusive, or illegal activity may be grounds for termination of your account at Divorce Matters’ sole discretion and Divorce Matters may refer you to appropriate law enforcement agencies. You agree to maintain accurate and complete contact information in connection with your account, and to update this information promptly in the event it changes.
Any change or update made to your account information, and all other postings, data, information and other materials you enter, submit, post, transmit through, or link to the App (collectively, “Your Content”) are your sole responsibility. The App merely provides a means for the transmission and dissemination of Your Content. YOU AGREE THAT YOU WILL EVALUATE AND BEAR ALL RISK RELATED TO THE USE OF OR ANY ACTIVITIES ASSOCIATED WITH ANY OF YOUR CONTENT. THE RESULTS OF ANY ACTIONS YOU TAKE BASED ON YOUR CONTENT OR OTHER CONTENT YOU FIND ON THE APP ARE SOLELY YOUR RESPONSIBILITY. Under no circumstances will Divorce Matters be liable in any way for Your Content or for any loss or damage of any kind resulting directly or indirectly from Your Content.
Divorce Matters does not pre-screen or approve Your Content and has no obligation to monitor Your Content. However, Divorce Matters reserves the right to review, modify, monitor, distribute, refuse to post, or delete any of Your Content at its sole discretion. Divorce Matters reserves the right at all times and in its sole discretion to disclose any information it believes necessary to satisfy any law, regulation, legal process, or governmental request. By uploading, transmitting, or posting Your Content, you grant to Divorce Matters a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, edit, publish, post, transmit, and distribute Your Content in whole or in part.
YOU ARE RESPONSIBLE FOR MAKING SURE YOUR CONTENT AND OTHER INFORMATION YOU DESIRE IS PROPERLY BACKED UP SO YOU HAVE ACCESS TO IT IN THE EVENT OF LOSS, CORRUPTION, OR CESSATION OF THE APP, OR TERMINATION OR SUSPENSION OF YOUR ACCOUNT.
7. THIRD PARTY LINKS AND UPDATES TO THE APP
Divorce Matters may provide information about other resources that may be of interest to you. However, Divorce Matters is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources, and Divorce Matters’ presentation of third-party links or content is not intended to be an endorsement, sponsorship, or recommendation. You are subject to the policies or any new site or application which you enter when you exit the App. You acknowledge and agree that Divorce Matters will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use or reliance on any such third-party content, goods, or service available on or through any third-party site or resource.
Divorce Matters may from time to time in its sole discretion develop and provide App updates, which may include, upgrades, bug fixes, patches, and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Divorce Matters has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the Internet, either: (i) the App will automatically download and install all available Updates; or (ii) you may receive notice of or be prompted to download and install available updates. You will promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to all of the terms and conditions of this EULA.
The term of this EULA will continue in effect until terminated by you or Divorce Matters. You may terminate your acceptance of this EULA at any time for any or no reason by discontinuing your use of the App. You do not need to specifically inform Divorce Matters when you stop using the App. Divorce Matters may suspend or terminate your access to the App at any time and for any reason, including, but not limited to, if Divorce Matters (i) ceases to support the App, which it may do in its sole discretion; (ii) believes you have violated this EULA; or (iii) believes your actions create risk or possible legal exposure for Divorce Matters. In no event will Divorce Matters refund any portion of the fees you paid, if any, to access and use the App. Upon termination, all rights granted to you under this EULA will also terminate, including your license to use the App, and you must cease all use of the App and delete all copies of the App from your Mobile Device and account. Termination will not limit any of Divorce Matters’ rights or remedies at law or in equity.
9. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE APP IS PROVIDED TO YOU “AS IS,” “AS AVAILABLE,” AND AT YOUR SOLE RISK, WITH ALL FAULTS AND DEFECTS AND WITHOUT WARRANTY OF ANY KIND. DIVORCE MATTERS DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF THE APP OR ANY CONTENT OR INFORMATION CONTAINED IN THE APP. DIVORCE MATTERS EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APP, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, DIVORCE MATTERS PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, THAT THE APP WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE VIRUS-FREE, MALWARE-FREE OR ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
YOU ACKNOWLEDGE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE OR ANY LOSS OF DATA THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE APP.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
10. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIVORCE MATTERS WILL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF DIVORCE MATTERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RELATED TO (I) THIS EULA; (II) YOUR ACCESS, USE, OR INABILITY TO USE THE APP; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) ANY LOST PROFITS; OR (V) ANY OTHER MATTER RELATING TO THE APP. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE APP WILL BE TO STOP USING THE APP.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR DIVORCE MATTERS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. RELEASE AND INDEMNIFICATION
You agree to release Divorce Matters, its members, managers, officers, employees, and agents from any and all liability and obligations whatsoever in connection with or arising from your access and use of the App. If at any time you are not satisfied with the App, your sole remedy is to stop using the App.
You agree to defend, indemnify and hold harmless Divorce Matters its officers, members, directors, employees, and agents from and against any and all claims, liabilities, damages, losses or expenses, including attorneys’ fees and costs and expenses, arising out of or in any way connected with: (i) your access to or use of the App; (ii) a breach or alleged breach by you of any of your representations, warranties, covenants, or obligations under this EULA; (iii) infringement or misappropriation of any intellectual property or other rights of Divorce Matters or third parties by you; or (iv) any negligence or misconduct by you.
12. COPYRIGHT AND COPYRIGHT NOTICES
Divorce Matters respects the intellectual property of others, and we ask our users to do the same. If you believe someone is using your copyrighted work without your permission on the App in a way that constitutes copyright infringement, please provide Divorce Matters the following information: (1) An electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyright interest; (2) A description of the copyrighted work that you claim has been infringed; (3) Your address, telephone number, and email address; (4) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
13. MISCELLANEOUS TERMS
This EULA shall be governed by and construed, interpreted, and enforced in accordance with the laws of the State of Colorado, without reference to its conflicts or choice of law principles. You agree that the sole and exclusive jurisdiction and venue for any and all disputes arising under this EULA shall be in any trial court located in or having jurisdiction over Arapahoe County, Colorado and you consent to the personal jurisdiction of such courts. You hereby waive any and all objections which you may now or hereafter have to the exercise of personal and subject matter jurisdiction by such federal or state courts and to the laying of venue of any such suit, action, or proceeding brought in any such federal or state court.
You agree that Divorce Matters has the right to enforce the provisions of this EULA by injunction (without necessity of posting bond), specific performance, or other equitable relief without prejudice to any other rights and remedies Divorce Matters may have.
If any provision of this EULA or the application of any such provision is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this EULA will continue in full force and effect.
If Divorce Matters fails to enforce any portion of this EULA, that failure to enforce will not be considered a waiver.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
14. CONTACT US
Thomas & Associates Law Firm, LLC
5613 DTC Parkway, Suite 800-A
Greenwood Village, Colorado 80111
Last updated: January 10, 2018
Our highly-accomplished divorce and family law attorneys practice throughout Colorado, including:
Adams County (Arvada, Aurora, Brighton, Thornton, Westminster); Arapahoe County (Aurora, Centennial, Cherry Hills Village, Englewood, Greenwood Village, Littleton); Boulder County; Broomfield County; Denver County; Douglas County (Castle Rock, Highlands Ranch, Lone Tree, Parker); Elbert County (Elizabeth, Kiowa); and Jefferson County (Arvada, Golden, Lakewood, Morrison, Wheat Ridge).
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Why not start exploring your options? Call us at 720.542.6142 to schedule your consultation with one of our experienced Denver divorce attorneys today.
Our highly-accomplished divorce and family law attorneys practice throughout Colorado, including: Adams County (Arvada, Aurora, Brighton, Thornton, Westminster); Arapahoe County (Aurora, Centennial, Cherry Hills Village, Englewood, Greenwood Village, Littleton); Boulder County; Broomfield County; Denver County; Douglas County (Castle Rock, Highlands Ranch, Lone Tree, Parker); Elbert County (Elizabeth, Kiowa); and Jefferson County (Arvada, Golden, Lakewood, Morrison, Wheat Ridge).