Acceptance of the Terms and Conditions
These terms and conditions are entered into by and between you (an individual or a single entity such as a
firm, partnership or corporation (“Organization”)) and DivorceMate (“DivorceMate”, “we” or “us”). The
following terms and conditions, together with any materials or documents specifically incorporated by
reference, collectively, these “Terms and Conditions”, govern your access to and use of DivorceMate’s
software, including both the desktop and cloud-based software and its content, as well as any services and
information provided or offered by DivorceMate, including but not limited to consultation, installation,
training, technical support, calculation support, services and access to DivorceMate University (collectively,
the “Software and Services”). These “Terms and Conditions” and your order form (“Order Form”) constitute
the Agreement between you and DivorceMate (the “Agreement”). Where the Order Form conflicts with
these Terms and Conditions, the conflicting terms of the Order Form will prevail, and all other terms and
conditions herein will apply mutatis mutandis.
Please read the Terms and Conditions carefully before you start to use the Software and Services. By using
the Software and Services or by clicking to accept or agree to the Terms and Conditions when this option is
made available to you, you accept and agree to be bound and abide by these Terms and Conditions. If you
do not want to agree to these Terms and Conditions, you must not access or use the Software and Services.
DivorceMate Subscription(s)
Each user of the Software and Services, whether an individual user or a partner, member, employee,
temporary employee, student, or contractor of an Organization (collectively “User(s)”) must have a
DivorceMate subscription (“DivorceMate Subscription”), purchased at the rate set out in your Order Form,
plus applicable taxes.
If you are an Organization, you will be responsible for designating at least one person as an administrator
(“Administrator”), who will manage your DivorceMate account, DivorceMate Subscriptions and purchases
for the Organization.
You may not assign, transfer or lend your DivorceMate Subscription to anyone else, without the prior
written consent of DivorceMate.
Term and Payment
Your DivorceMate Subscription(s) begins on the earlier of the date of your first payment or the date of your
renewal, and continues for the period set out in the Order Form (the “Term”).
The total amount owing is equal to the total number of DivorceMate Subscriptions multiplied by the per
user per month rate set out in the Order Form for the Term plus applicable taxes (“Total Amount”). If the
Total Amount is financed through a transaction agency designated by DivorceMate providing funding on
your behalf for the performance of the Agreement (“Third-Party Agency”), the Third-Party Agency will
collect payment from you in accordance with the terms of your contract with that Third-Party Agency.
DivorceMate reserves the right to suspend your DivorceMate Subscription(s) without notice if your
payments are delinquent, and to pursue any and all remedies available to us.
You may purchase additional DivorceMate Subscriptions during the Term, as required, at the then standard
per user per month rate for your province, for the balance of the Term.
During the Term, you may not reduce the number of your DivorceMate Subscription(s) or any additional
DivorceMate Subscription(s) purchased during the Term.
If you are on an annual Term, your DivorceMate Subscription(s) will automatically renew at the end of the
Term for another twelve (12) month term at the then standard per user per month rate for your province,
unless you terminate the DivorceMate Subscription(s) pursuant to the “Termination” section below.
Termination
There are no early termination rights, except as set out in the “Agreement with LEAP” section below or as
specified in the Order Form.
Any unauthorized termination of the Agreement during the Term shall constitute a breach of the
Agreement, and you will be liable to DivorceMate for damages, including but not limited to all costs
charged to DivorceMate by the Third-Party Agency.
If you are on an annual Term, you may terminate your DivorceMate Subscription(s) at the end of the Term
by providing us with 30 days’ advance written notice. Otherwise, the Term will automatically renew as set
out above.
DivorceMate, in its sole discretion, has the right to suspend or terminate your DivorceMate Subscription(s)
without notice for non-compliance with these Terms and Conditions, or for any other reason, with or
without cause, and to pursue any other remedy legally available to us.
Upon termination, cancellation or suspension of your DivorceMate Subscription(s), we have the right to
delete your Data from the cloud-based Software and Services at our discretion.
These Terms and Conditions will survive the termination of your DivorceMate Subscription(s).
Agreement with LEAP
During the Term, you may enter into an agreement with LEAP for the same or a greater number of LEAP
Subscriptions/Licences as DivorceMate Subscriptions, and you will be refunded the cost of any prepaid
DivorceMate Subscription(s), or relieved from any outstanding payment for DivorceMate Subscription(s), as
applicable, on a pro-rata basis from the date of the LEAP installation until the end of the Term.
Right to Use the Software and Services
Your purchase of a DivorceMate Subscription and acceptance of the Terms and Conditions, grants you a
non-exclusive, non-transferable, limited Subscription to use and access the Software and Services for your
business purposes.
Users may use the Software and Services on multiple devices; however, each User must have their own
DivorceMate Subscription and only one device per User may be used at any one time.
You agree not to reproduce, duplicate, modify, copy, create derivative works of, alter, sell, store,
sublicense, publish, lease, transfer, resell or exploit access to or use of the Software and Services, or any
portion thereof, without the express written permission from DivorceMate.
You agree not to modify, reverse engineer, adapt or otherwise tamper with the Software and Services, or
modify another website so as to falsely imply that it is associated with DivorceMate, the Software and
Services, DivorceMate Subscription, or any other software or service provided by DivorceMate.
You agree not to use the Software and Services in any manner which may infringe copyright or intellectual
property rights or in any manner which is unlawful, offensive, threatening, libelous, defamatory,
pornographic, obscene or in violation of these Terms and Conditions.
If you wish to make use of any material from the Software and Services other than as set out in this section,
please address your request to: support@divorcemate.com.
Intellectual Property Rights
DivorceMate and its licensors retain all right, title, and interest in the Software and Services and its entire
content, features, and functionality (including but not limited to all information, software, text, displays,
images, logos, product names, slogans, video and audio, and the design, selection and arrangement
thereof, as well as any suggestions, feature requests, or ideas provided by you), collectively “DivorceMate’s
Intellectual Property”.
DivorceMate’s Intellectual Property is protected by Canadian and international copyright, trademark,
patent, trade secret and other intellectual property or proprietary rights laws and treaties.
Except for your non-exclusive Subscription to use the Software and Services pursuant to these Terms and
Conditions, no other rights or Subscriptions, whether express, implied, arising by estoppel or otherwise are
conveyed or intended by these Terms and Conditions. You may not alter, remove or otherwise infringe any
of DivorceMate’s Intellectual Property, including downloaded content substantially adapted by you.
No Legal or Tax/Accounting Advice by Use of this Site
The Software and Services is not a substitute for the professional judgment of a lawyer, mediator,
accountant, tax specialist, or other professional.
While the information contained within the Software and Services concerns legal and tax issues, it is not
legal advice, legal representation, tax or financial advice. DivorceMate is not a law firm or an accounting
firm and is not authorized to offer legal, accounting or tax advice to users of the Software and Services or
anyone else.
Your use of the Software and Services does not create a solicitor-client relationship between you and
DivorceMate, and/or any of the employees, licensors, members, officers, directors, agents, and/or
independent contractors of DivorceMate (collectively, “Affiliates”).
ITC, Back-up, Storage, Transmission of Data
The Software and Services may not operate on all hardware or platforms. It is your responsibility to ensure
that your Information Technology and Communication Infrastructure (“ITC”) is compatible with the
Software and Services. During the Term, the requirements to run the Software and Services may change
from time to time, and DivorceMate does not warrant or guarantee that the Software and Services will
continue to run on your existing ITC. DivorceMate is not responsible for any fees or costs that may arise
from future software updates.
DivorceMate does not rectify hardware, operating system, or network problems or problems relating to
third-party software. DivorceMate does not accept any responsibility for defects, data corruptions, failures,
or performance degradation caused by viruses, other software, or components of your ITC that may
interfere with the way the Software and Services operates.
You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular
requirements for anti-virus protection and accuracy of data input and output.
You are responsible for ensuring that all of the data, information and work that you input into or create in
the Software and Services (“Data”) that is stored locally (i.e. any desktop Software and Services) is backed
up.
You acknowledge and agree that DivorceMate is using third-party vendors and hosting partners to provide
the necessary hardware, software, networking, storage, back up and related technology required to run the
cloud-based Software and Services. All of your Data associated with the cloud-based Software and Services
is stored on redundant servers in Canada.
You acknowledge and agree that the technical processing and transmission of Data in the cloud-based
Software and Services uses industry standard encryption and may involve: (a) transmissions over various
networks; and (b) changes to conform and adapt to technical requirements of connecting networks or
devices. You agree that we are acting on your behalf in transmitting all Data.
Accessing the Software and Services
If you have a DivorceMate Subscription, you may access the Software and Services.
You are responsible for:
• making all arrangements necessary for you to have access to the Software and Services;
• ensuring that all persons who access the cloud-based Software and Services through your
internet connection or the desktop Software and Services locally have DivorceMate
Subscriptions and are aware of these Terms and Conditions and comply with them.
We reserve the right at any time, and from time to time, to modify, withdraw or discontinue, temporarily
or permanently, the Software and Services, and/or any component of the Software and Services, including
but not limited to the legacy desktop and legacy cloud versions, in our sole discretion, with or without
notice.
We reserve the right to temporarily suspend access to the Software and Services for operational purposes,
including, but not limited to, maintenance, repairs or installation and upgrades. To the extent possible,
DivorceMate undertakes to schedule all such suspensions outside of normal business hours and in a way
that minimizes disruption to your business.
All access to and use of the Software and Services via mechanical, programmatic, robotic, scripted or any
other automated means not provided as part of the Software and Services is strictly prohibited.
Account Security
To access the Software and Services and set up your DivorceMate Subscription, you will be required to
provide certain registration details or other information. It is a condition of your DivorceMate Subscription
that all the information you provide regarding your DivorceMate Subscription is correct, current and
complete.
Once you choose, or are provided with, a username, customer number, password or any other piece of
information as part of our security procedures (collectively, “Security Information”), you must treat such
Security Information as confidential, and you must not disclose it to any other person or entity. You also
acknowledge that your account is personal to you and agree not to provide any other person with access to
your DivorceMate Subscription using your Security Information. You agree to notify us immediately of any
unauthorized access to or use of your DivorceMate Subscription, Security Information, or any other breach
of security. You also agree to ensure that you exit from the Software and Services at the end of each
session. You should use particular caution when accessing your DivorceMate Subscription from a public or
shared computer so that others are not able to view or record your Security Information or use the
Software and Services.
Organizations are responsible for all access to and use of the Software and Services by their Users with
DivorceMate Subscriptions, and will implement policies and procedures to prevent unauthorized use of
their Users’ Security Information, and will promptly notify DivorceMate upon suspicion that a Users’
Security Information has been lost, stolen, compromised, or misused.
DivorceMate is not liable for any harm related to authorization, disclosure, misuse or theft of your Security
Information. You will liable for any access to and use of the Software and Services through your Security
Information.
We have the right to disable any Security Information at any time in our sole discretion for any or no
reason, including if, in our opinion, you have violated any provision of these Terms and Conditions.
Confidential Information and Security
Much of the Data in the Software and Services is confidential personal information regarding you, your
clients, or other persons (“Confidential Information”). You represent and warrant that you will, at all times
during the Term and thereafter, comply with all laws directly or indirectly applicable to you that may now
or hereafter govern the gathering, collection, use, transmission, processing, receipt, reporting, disclosure,
viewing, maintenance, and storage of the Data, including Confidential Information (collectively the “Use of
the Data, including Confidential Information”).
You represent and warrant that you will use your best efforts to cause all persons or entities under your
direction or control to comply with such laws.
You are, at all times during the Term and thereafter, solely responsible for obtaining and maintaining all
legally necessary consents or permissions, required or advisable, for Use of the Data, including Confidential
Information, in connection with the Software and Services.
DivorceMate cannot and does not assume any responsibility for your Use of the Data, including
Confidential Information, or misuse thereof while using the Software and Services.
You grant DivorceMate and its Affiliates a non-exclusive, royalty free right to view, monitor, audit, receive,
retrieve, process, store, maintain, transmit and otherwise use your Data, including Confidential
Information, in connection with the operation of the Software and Services, and to ensure compliance with
these Terms and Conditions. You further grant permission to DivorceMate to generate a lawyers’ database
in the Software and Services, and to generate, publish and sell aggregate, anonymized reports on system
usage and data trends and types, using your Data, including Confidential Information.
The security of your Data, including Confidential Information, is important to DivorceMate. We agree to use
generally accepted industry standards and commercially reasonable efforts to maintain the security and
confidentiality of such Data, including Confidential Information, and to prevent its disclosure to third
parties except in connection with the transmission, storage, retrieval, and disclosure of such Data, including
Confidential Information, on your behalf and as may be required or permitted by law, in connection with
the Software and Services. DivorceMate cannot, however, guarantee the absolute security of such Data,
including Confidential Information.
No Warranties
DivorceMate provides the functions, capabilities and intellectual property of the Software and Services on
an “as is” and “as available” basis. Your use of and reliance on the Software and Services, including any
information obtained from or links provided on the Software and Services by us or any third party, is solely
at your own risk.
DivorceMate and its Affiliates expressly disclaim any and all warranties, whether express, implied or
statutory, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title
and non-infringement of third-party rights with respect to the Software and Services. Among other things,
DivorceMate and its Affiliates do not warrant that:
• the Software and Services is accurate and representative of the law in your jurisdiction;
• the Software and Services will meet any needs or specific requirements/expectations;
• the Software and Services will be available, uninterrupted, useable, timely, up-to-date, and secure;
• the Software and Services will be free of viruses, unauthorized codes, or other harmful or
destructive components or code;
• the Software and Services, and any results or information obtained therefrom, will be accurate,
complete, appropriate, reliable, timely, and free of errors, omissions, misinformation and/or
defects;
• any errors, omissions, misinformation and/or defects in the Software and Services will be
corrected;
• there will be no security breaches of Data, Security Information, Confidential Information or other
information from the use of the Software and Services, including security breaches experienced by
any third-party vendors or hosting partners;
• there will be no loss of Data subsequent to a modification to the Software and Services or any
component thereof, or subsequent to a cancellation, suspension or termination of the Software
and Services; and/or
• the quality of any products, services, information, or other material purchased or obtained through
the Software and Services will meet any needs or expectations.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
Limitation of Liability
DivorceMate and its Affiliates expressly disclaim liability to you or any other individual or entity for any and
all losses or damages of any kind, under any legal theory, including any direct, indirect, special, incidental,
compensatory, exemplary, consequential or punitive damages, including but not limited to damages for
personal injury, pain and suffering, mental distress, loss of profits, loss of business opportunities, loss of
goodwill, loss of use, loss of revenue, loss of data, or other intangible losses (even if DivorceMate has been
advised of the possibility of such damages), and whether caused by tort (including negligence), breach of
contract or otherwise, even if foreseeable, caused by your use of and reliance on the Software and
Services, including any information obtained from or links provided on the Software and Services by us or
any third party. Among other things, DivorceMate and its Affiliates are not liable for any claims, losses or
damages for:
• the use of or the inability to use the Software and Services;
• any inaccuracy in the Software and Services and any failure to be representative of the law in
your jurisdiction;
• any failure of the Software and Services to meet any needs or specific
requirements/expectations;
• the failure of the Software and Services to be available, uninterrupted, useable, timely, up-todate, and
secure, at any time or for any period;
• any viruses, unauthorized codes, distributed denial-of-service attack, or other technologically
harmful or destructive components or code in the Software and Services that may affect your
computer equipment, computer programs, data or other proprietary material due to your use
of the Software and Services or to your downloading of any material posted on it, or on any
software or information linked to it;
• any failure of the Software and Services, and any results or information obtained therefrom, to
be accurate, complete, appropriate, reliable, timely, and free of errors, omissions,
misinformation and/or defects;
• any failure to correct any errors, omissions, misinformation and/or defects in the Software and
Services;
• security breaches or losses of Data, Security Information, Confidential Information or other
information from the use of the Software and Services, including security breaches experienced
by any third-party vendors or hosting partners;
• any loss of Data subsequent to a modification to the Software and Services or any component
thereof, or subsequent to a cancellation, suspension or termination of the Software and
Services;
• the quality of any products, services, information, or other material purchased or obtained
through the Software and Services;.
• the cost of procurement of substitute goods and services;
• any price change, suspension or discontinuance of the Software and Services;
• any reliance on the Software and Services;
• any statements or conduct of any third party on the Software and Services;
• any other matter whatsoever relating to the Software and Services.
If, notwithstanding these Terms and Conditions, DivorceMate should have any liability to you or any third
party for any loss, harm, or damage, you agree that such liability shall under no circumstances exceed the
lesser of $1,000 or the fees you paid to us during the twelve (12) months immediately preceding the day
the act or omission occurred which gave rise to your claim. You agree that the foregoing limitation of
liability is an agreed upon allocation of risk between you and DivorceMate which considers the fees, if any,
DivorceMate charges you to use the Software and Services. You acknowledge that absent your agreement
to this limitation of liability, DivorceMate would not provide the Software and Services to you.
The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
Indemnification
You agree to defend, indemnify and hold harmless DivorceMate and its Affiliates from and against any
claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable legal
fees, expert fees, and other costs of litigation) arising out of or relating to your violation of these Terms
and
Conditions or your use of the Software and Services, other than as expressly authorized in these Terms and
Conditions.
Governing Law and Jurisdiction
All matters relating to the Software and Services and these Terms and Conditions and any dispute or claim
arising therefrom or related thereto (in each case, including non-contractual disputes or claims),
collectively “Disputes/Claims”, shall be governed by and construed in accordance with the laws of the
Province of Ontario, and the federal laws of Canada applicable therein.
The courts of Ontario (and subsequent appellate courts) will have the exclusive jurisdiction to settle any
Disputes/Claims. You waive any and all objections to the exercise of jurisdiction over you by the courts of
Ontario.
Waiver and Severability
The failure of DivorceMate to enforce any provision of these Terms and Conditions shall not constitute or
be construed as a waiver of such provision or of the right to enforce it at a later time.
If any provision of these Terms and Conditions is found to be contrary to law, the remaining provisions of
these Terms and Conditions will remain in full force and effect.
Entire Agreement
The Terms and Conditions and the Order Form constitute the sole and entire agreement between you and
DivorceMate with respect to the Software and Services and your DivorceMate Subscription(s), and
supersede all prior and contemporaneous understandings, agreements, representations and warranties,
both written and oral, with respect to the Software and Services and your DivorceMate Subscription(s)
(including but not limited to, any prior versions of the Terms and Conditions).
Changes to the Terms and Conditions
We may revise and update these Terms and Conditions from time to time in our sole discretion. All changes
are effective immediately when we post them on the DivorceMate website, www.divorcemate.com, and
apply to your access to and use of the Software and Services thereafter.
Your continued use of the Software and Services following the posting of revised Terms and Conditions
means that you accept and agree to the changes. You are expected to check the Terms and Conditions from
time to time so you are aware of any changes, as they are binding on you.
Notice, Comments and Concerns
All legal notices should be addressed to DivorceMate Software Inc., c/o 20 Bay Street, Suite 1530, Toronto,
Ontario, M5J 2N8. Notices will be deemed effective upon receipt.
All other feedback, comments, requests for technical support and other communications relating to the
Software and Services and DivorceMate Subscription(s) should be directed to: support@divorcemate.com.