TERMS OF USE

UPDATED 01/26/22

This website is owned and operated by EZ DIVORCE INC. (“ezDivorce” “ezDivorce.com” or “we” or “our”). By visiting our website and accessing the information, resources, services, products, and tools we provide, you (“you” or “User”) understand and agree to accept and adhere to the following Terms of Use as stated in this policy (hereafter referred to as “User Agreement” or “Agreement” or “Terms of Use”), as well as our Privacy Policy. This website and services are available only to individuals who reside in the United States and are at least 18 years old.

About the ezDivorce Service. ezDivorce is an online service providing divorce preparation services (hereafter (the “service” or “services”) as an alternative to costly attorney services. Documents are prepared by our specialists based on the information provided by the User during the divorce questionnaire/intake and review process.

By using our website and services you acknowledge that;

  • ezDivorce is NOT a law firm and does NOT offer legal representation or advice;

 

Unless you are otherwise represented by an attorney, you represent yourself in any matter or proceeding undertaken in connection with your use of our service. Therefore, ezDivorce cannot provide any legal advice or assistance other than the preparation of divorce documents based on User input. Our services are provided for your private use and do not constitute legal advice. We do not review any information you provide to us for legal accuracy or sufficiency, draw legal conclusions, provide opinions about your selection of forms, or apply the law to the facts of your situation. If you need legal advice for a specific problem or legal matter, you should consult with a licensed attorney. Our service is not a substitute for legal advice from a qualified attorney licensed to practice in your jurisdiction. Accordingly, information you provide to us is not protected by the attorney-client privilege or the work product doctrine;

  • The fees paid to ezDivorce do not include the court filing fees (as stated below) which are due to the court or county clerk’s office and are User's sole responsibility;

  • Use of ezDivorce to facilitate a legal divorce requires the consent and cooperation of both spouses, or in select cases where one spouse can be properly served and the served spouse does not file a response with the court or contest the divorce;

  • ezDivorce services are limited to the preparation of divorce documents based on the selections you make and information you provide through our online questionnaire;

  • ezDivorce does not file legal documents on your behalf. User is responsible for all filings as well as related filing fees;

  • ezDivorce provides documents to User via email and User is responsible to provide prepared documents to User's spouse (or to a process server in select Default cases);

  • The fees paid to ezDivorce cover the dissolution of one marriage only and, if unused, are not refundable nor transferable to any third-party; and

  • ezDivorce shall not be responsible for any liability, direct-damages or consequential damages arising from the use of our services.

Court Filing Fees. As noted above, our fee does not include the standard statutory divorce filing fees which may be paid directly to the court or county clerk’s office at the time of filing (ezDivorce provides you with easy-to-follow instructions detailing exactly how and where to file your divorce documents):

  • New York Filing Fees: $335 (or $365, depending on the county and specific case)

  • New Jersey Filing Fees: $300 (or $325 if there are minor children)

 

Prior-Agreement Fee. In cases where parties have a prior agreement such as a prenuptial, postnuptial, or settlement agreement that needs to be incorporated as part of the divorce documents, we may assess a minimal fee of $99 to review and analyze the agreement.

Document Revisions. Your divorce documents are prepared by document preparation specialists. Each file requires a substantial time commitment by our specialists. A change in one document may necessitate a change in multiple documents. Therefore, in the event that you require updates or revisions to your documents (not due to errors or omissions on our part) after our initial review phone call, an additional service fee of $150 will be due prior to re-drafting the documents. This service fee will also apply in the event revisions that are not due to any error or omission on our part are required by the court. 

Guarantee. At ezDivorce, we stand behind our service. We offer a 100% money-back guarantee in the event that your divorce is rejected by the court due to an error or omission on our part and we are unable to resolve the outstanding defect.

Please note that our guarantee does not apply in the following events:

  • Inaccurate or false information provided by User during the divorce questionnaire/intake process;

  • Omissions by User during the divorce questionnaire/intake process;

  • Failure of either party to properly execute the documents prepared by ezDivorce;

  • Untimely filing and/or submission of documents;

  • User’s failure to file documents provided by ezDivorce within 3 months of receipt;

  • Improperly executed or filed documents;

  • In the event that User edits or changes language in documents provided by ezDivorce;

  • In the event that User changes his/her contact information and does not notify ezDivorce;

  • Failure to properly follow filing instructions;

  • In the event that User’s divorce becomes contested;

  • Court raises issues related to custody of the children or child support;

  • Court denies relief requested as a result of any prior or current legal record or family offense history of either of the parties;

  • Judgment denied based on either party’s failure to comply with custody, spousal, or child support requirements, including, without limitation, failure to comply with applicable state support requirements, including any interim requirements; and

  • Failure to respond to court notices.

User Responsibilities. You, and you alone, are responsible for your account and any actions taken while you are signed in and/or using your account. Your security is your sole responsibility.

 

a. User Account Security. If you sign up for ezDivorce services, you will create a personalized account which includes your email address as your login/username and a password to access your account. You are responsible for maintaining the security of your account, and you are fully responsible for all input and any other actions taken in connection with the account. You agree to notify ezDivorce immediately of any unauthorized use of account, or any other breaches of security. We will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your computer, mobile device, or other computing device and/or account.

 

b. No Reliance on Informational Content. Informational content posted on the website, such as articles, frequently-asked-questions (FAQs), PDF guides, videos, or blog posts, is provided for informational purposes only, with no assurance that the informational content is true, correct, or accurate. Informational content is not a substitute for professional legal advice or a solicitation to offer legal advice regarding specific facts. You should not delay or forego seeking legal advice or disregard professional legal advice based on our informational content. Delay or failure to seek such legal advice could result in waiver of any claims you may have, depending on the applicable statute(s) of limitation.

 

c. Compliance with Laws. You represent and warrant that: (i) you have the authority to, and are of legal age in your jurisdiction to, bind yourself to this Agreement; (ii) your use of our service will be solely for purposes that are permitted by this Agreement; (iii) your use of our service will not infringe or misappropriate the intellectual property rights of any third party; and (iv) your use of our service will comply with all local, state and federal laws, rules, and regulations, and with all other ezDivorce policies.

 

Use of Informational Content. Informational content posted on the website, such as articles, frequently-asked-questions (FAQs), PDF guides, videos, or blog posts, is provided for informational purposes only. This Agreement however, does not authorize

you to alter any informational content offered by ezDivorce in any way, shape, or form. You may not sell informational content offered by ezDivorce. You may not post any informational content offered by ezDivorce on social media, blogs, or on any

website without express permission of an ezDivorce authorized representative via email.

Copyrights/Trademarks. All content and materials available on ezdivorce.com, including but not limited to text, graphics,

website name, code, images, and logos are the intellectual property of ezdivorce.com, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by an ezDivorce representative via email.

Communication. We use phone, email, and electronic means to stay in touch with our Users.

 

a. Electronic Communications Required. For contractual purposes, you (i) consent to receive communications from ezDivorce in an electronic form via the email address you have submitted or if necessary via telephone number you have provided; and (ii) agree that all Terms of Use, Agreements, notices, disclosures, and other communications that ezDivorce provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. This section does not affect your non-waivable rights or any rights otherwise deemed non-waivable under applicable law.

 

b. Legal Notice To ezDivorce Must Be In Writing. Communications made through email, phone, or chat will not constitute legal notice to ezDivorce or any of our officers, employees, agents or representatives in any situation where notice to ezDivorce is required by contract or any law or regulation.

Payment and Transactions. By providing payment information through our website or over the phone, User authorizes ezDivorce to complete the requested transaction and begin rendering services. User represents that he/she is authorized to make payment using the provided transaction information and payment method and agrees to indemnify ezDivorce and hold ezDivorce harmless against any claims arising from a breach of the aforementioned terms.

Use of User Information. User authorizes ezDivorce to utilize information provided by User for the limited purposes of preparing divorce documents on behalf of User. Information provided by User may be accessed by ezDivorce representatives and/or ezDivorce specialists for any purposes necessary to assist User in the course of providing User with services requested. User further acknowledges that ezDivorce may employ third-party specialists and administrative staff, where necessary, in order to facilitate the preparation and processing of User’s file, documents, and account.

Privacy. We’ve created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our Privacy Policy is incorporated by reference in this User Agreement. Our Privacy Policy can easily be located on the footer of each page of ezDivorce.com.

Termination of Services.

 

a. If you wish to terminate our services under this Agreement or you wish to close your account with ezDivorce, your request must made be via email. If you wish to delete your User account data, please contact ezDivorce at www.ezdivorce.com">support@www.ezdivorce.com. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our Agreement, but barring any legal or regulatory compliance requirements, we will close your account within 30 business days. ezDivorce may, however, retain basic information about you such as your name, email address, and other information regarding your file and account.

 

b. ezDivorce May Terminate This Agreement. We have the right (though not the obligation) to, in our sole discretion, determine whether or not any User conduct is appropriate and complies with these Terms of Use, or terminate or deny access to and use of our services to any User for any reason, with or without prior notice. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the services we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

 

c. Some Provisions Survive Termination. All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Duration of Service and Warranty. Any credit for the purchase of services from ezDivorce will remain valid for the lesser of (a) twelve (12) months from the date you purchase such services or (b) one (1) month from the date your divorce has been granted. Please note that we do not provide support for any services after twelve months from the date of purchase.

Cancellation/Refund Policy. Due to the nature and time commitment involved in the processing and preparation of User’s documents, ezDivorce does not refund service fees due to User cancellation once payment is made.

 

Limitation of Liability, Release and Indemnification. We shall not be liable for damages or losses arising from your use of the service or arising under this Agreement. Please read this section carefully as it limits our legal obligations to you and affects your rights.

 

a. The information, software, products, and services made available through ezDivorce may include inaccuracies or typographical errors. ezDivorce and/or its suppliers may at any time make improvements or changes to our services. Information received via ezDivorce should not be relied upon for personal, medical, legal, or financial decisions. You should consult an appropriate professional for specific advice tailored to your situation. In short, your use of our services is at your own risk.

 

b. To the fullest extent permitted by law, we make no warranties, either express or implied, about the services. The services are provided “as is.” We also disclaim any warranties of merchantability, fitness for a particular purpose and non-infringement. Information received via the website should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

 

c. To the fullest extent permitted by law, in no event will ezDivorce, its affiliates, suppliers or distributors be liable for any indirect, special, incidental, punitive, exemplary or consequential damages or any loss of use, data, business, or profits, regardless of legal theory, whether or not ezDivorce has been warned of the possibility of such damages, and even if a remedy fails of its essential purpose.

 

d. ezDivorce’s aggregate liability for all claims relating to services shall in no event exceed the amount paid by User to ezDivorce during the preceding 12 month period.

 

e. User and User’s heirs, executors, agents, representatives, and assigns, fully release, forever discharge, and hold ezDivorce, its affiliates, officers, employees, directors, and agents harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, and actions of any kind and injury arising out of or relating to your use of the service. You agree that this release has been freely and voluntarily consented to and you confirm that you fully understand what you are agreeing to.

 

f. You agree to indemnify and hold ezDivorce and its affiliates and their respective officers, employees, directors, and agents harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury arising out of any third party claims relating to your use of the service, and/or your violation of these Terms of Use. Furthermore, we reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with cooperation as is reasonably requested by us.

Arbitration Provision. Please read this section carefully, as it affects your rights.

Most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing our Customer Service at support@www.ezdivorce.com.

However, if ezDivorce is not able to resolve a dispute with you after attempting to do so informally, then as a condition to your

use of the services we mutually agree to resolve such dispute through binding arbitration under the auspices of JAMS Alternative Dispute Resolution (“JAMS”). JAMS will administer any such arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the New York (NY), or any other

location as to which we may then mutually agree. A party seeking arbitration must first send to the other, by certified mail, a written notice of dispute.

Any notice to ezDivorce should be addressed to: ezDivorce Inc., 972 Route 45, Pomona, NY 10970, Attention: General Counsel. Any notice to you shall be sent to your address as set forth in ezDivorce’s records of account or such other legal address as ezDivorce is able to identify.

You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.

Notwithstanding our Agreement to arbitrate our disputes as provided above, the following exceptions will apply to the resolution of disputes between us:

  • Either you or ezDivorce may assert claims, if they qualify, in small claims court in New York, NY or in any United States county where you live or work without first engaging in arbitration or the informal dispute-resolution process described above.

  • ezDivorce may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any unauthorized use or abuse of the services without first engaging in arbitration or the informal dispute-resolution process described above.

  • ezDivorce may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any intellectual property infringement without first engaging in arbitration or the informal dispute-resolution process described above.

  • In the event that the Agreement to arbitrate provided herein is found to be inapplicable or unenforceable for any reason,

  • then as a condition to your use of the services we agree that any resulting judicial proceedings will be brought in the federal or state courts of New York, New York, and by your use of the services you expressly consent to venue and personal jurisdiction of the courts therein.

Modification of Terms of Use. ezDivorce may, in the future, make changes to these provisions regarding dispute resolution and arbitration by providing notice in accordance with the section of these Terms entitled “Modifications of Terms of Use” below.

You may reject any changes made during your use of our services by sending us written notice. Such notice must be given within thirty (30) calendar days of the notice of modification to the following address:

ezDivorce Inc., 972 Route 45, STE 205, Pomona, NY 10970, Attention: General Counsel.

Our Terms of Use can easily be located on the footer of each page of ezdivorce.com. We reserve the right to amend this Agreement from time to time without notice, and we encourage you to frequently check this page for any changes to this Agreement. You acknowledge and agree that it is your responsibility to review this Agreement periodically to familiarize yourself with any modifications. Your continued use of this site and service after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

You acknowledge that you have read these Terms of Use, understand the Terms of Use, and will be bound by these terms and conditions.