Terms of Use

This site is owned and operated by The Academy of Financial Divorce Specialists (referred to as “AFDS,” “we,” “us,” or “our” herein). AFDS provides this site and various related services (collectively, the “Site”) to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms”), as well as any other written agreement between us and you. PLEASE BE AWARE THAT BY ACCESSING OR USING THE SITE YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT OR CANNOT AGREE TO THESE TERMS, PLEASE CEASE ACCESS TO THE SITE IMMEDIATELY.

Changes to Terms

We reserve the right to change these Terms from time to time without notice to you. You acknowledge and agree that it is your responsibility to review the Site and these Terms from time to time, and to familiarize yourself with any modifications or revisions that may be made. Your continued use of the Site after such modifications or revisions will constitute your acknowledgement of the modified Terms, and your agreement to abide and be bound by the modified Terms.

Restriction on use of Materials

For purposes of these Terms, “content” is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on the Site. This includes message boards, chat, and other original content. By accepting these Terms, you acknowledge and agree that all content presented to you on the Site is protected by copyrights, trademarks, service marks, patents or other proprietary or intellectual property rights and laws, and is our sole property. Except for a single copy made for personal, non-commercial use only (with all copyright and other proprietary notices kept intact), you may not copy, reproduce, modify, republish, upload, post, transmit, sell, license, distribute or otherwise exploit any content, documents or information from the Site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on the Site. Any unauthorized use of content may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. The use of any such content on any other website or networked computer environment is prohibited. Except as otherwise indicated on this site and except for the trademarks, service marks and trade names of other companies that are displayed on this site, all trademarks, service marks and trade names are proprietary to the AFDS. In the event that you download any software from the site, the software, including any files, images incorporated in or generated by the software and data accompanying the software (collectively, the “Software”) are non-exclusively licensed to you by the AFDS. The AFDS does not transfer title to the Software to you. The AFDS retains full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or 25434702v2 otherwise reduce the Software to a human-perceivable form

We do not warrant or represent that your use of content or Software displayed on, or accessed or obtained through, the Site will not infringe the rights, including without limitation intellectual property rights, of third parties.

User Accounts

The site may provide functionality by which you may create an account for the purpose of registering for or purchasing programs, products or services. When creating your account, you must provide true, accurate and complete information. You are solely responsible for the activity that occurs on your account (including for any fees incurred in connection with such account), and you must keep your account login credentials, password, and other such private information, as applicable, strictly confidential and secure.

Your account is personal to you and may not be transferred to any other person. You must notify us immediately in writing of any breach of security or unauthorized use of your account and you may never use another person’s account without their permission. If you authorize the use of your account by another person, you assume responsibility for their use and any fees or charges incurred in connection with their use.

By registering for an account and other services, you consent to AFDS communicating with you via the contact information provided. This communication may involve information provided by you which you may consider to be personal or confidential. The information you submit in the creation and operation of accounts will be dealt with in accordance with the AFDS’ Privacy Policy and applicable law.

Limitation of Liability

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR OF ANY WEBSITES REFERENCED OR LINKED TO FROM THE SITE.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

IN THE EVENT THAT ANY CLAIM OR LIABILITY ARISES AGAINST US, OUR AGGREGATE LIABILITY IN CONNECTION WITH THIS AGREEMENT, YOUR USE OF THE SITE AND/OR RELATED SITE OR ANY OTHER CIRCUMSTANCE GIVING RISE TO LIABILITY SHALL BE 25434702v2 LIMITED TO DIRECT DAMAGES ONLY, AND SUCH DIRECT DAMAGES SHALL NOT EXCEED $50.

We have no special relationship with or fiduciary duty to you. You acknowledge that we have no control over, and no duty to take any action regarding: which users gain access to the site; what content you access via the site; what effects the content may have on you; how you may interpret or use the content; or what actions you may take as a result of having been exposed to the content. You release us from all liability for you having acquired or not acquired content through the site.

Indemnification

UPON A REQUEST BY US, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US HARMLESS FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING SOLICITOR-CLIENT COSTS ON A FULL INDEMNITY BASIS, THAT ARISE FROM YOUR USE OR MISUSE OF THE SITE, YOUR VIOLATION OF ANY OF THE TERMS, YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING, WITHOUT LIMITATION, ANY INTELLECTUAL PROPERTY OR PRIVACY RIGHT, OR ANY CLAIM THAT YOUR CONTENT CAUSED DAMAGE TO A THIRD PARTY. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS AND YOUR USE OF THE SITE.

Other

AFDS, either on its own or through third party service providers, reserves the right to monitor use of the site and its content at all times and for any reason whatsoever. Information collected via this monitoring activity is collected and used in accordance with AFDS’ Privacy Policy.

All claims, disputes or disagreements which may arise out of the interpretation, performance or in any way relating to your use of this site and any and all other AFDS site(s), shall be submitted exclusively to the jurisdiction of the Federal government of Canada and the province of Ontario.