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You agree to enter into this agreement to mediate using a Fairwell Guide. This agreement creates and clarifies the Fairwell mediation relationship. You are entering into mediation voluntarily and agree to be bound by the terms of this Agreement.
You also acknowledge and agree to be bound by the following rules:
1. SCOPE OF FAIRWELL MEDIATION – You shall submit to mediation all claims, demands, disputes, differences, and matters whatsoever that are related to your divorce between or among you and your spouse, relating to or arising from the dispute.
2. GOVERNING LAW – This agreement is governed by the Minnesota Civil Mediation Act §§572.31 et seq. and Rule 114 of the General Rules of Practice for District Courts.
3. Good Faith – You are to negotiate in good faith. You agree to be respectful to your spouse and to the Fairwell Guide at all times. You may refuse to divulge information, but you will not give false information. You will attend and will participate.
4. MINNESOTA CIVIL MEDIATION ACT/NOTICE OF MEDIATOR – You are advised as follows:
5. DUTIES OF FAIRWELL GUIDE – The Fairwell Guide shall review documents relating to the dispute together with the concerns and arguments of the parties. The Fairwell Guide shall bring his or her best skill and experience to assist the parties in resolving their dispute.
6. COOPERATION – You agree to cooperate in this process and to seek settlement. Neither party shall unreasonably delay or otherwise prevent or impede the Fairwell mediation.
7. DUTY TO MEET – The parties will attend all scheduled Fairwell mediation conferences. Requests to reschedule will be granted only for the most extraordinary and unforeseeable events. Any party requesting such a reschedule will also provide notice to other parties and will be responsible for rescheduling.
8. Confidentiality – You and the Fairwell Guide agree to the following confidentiality provisions:
9. FAIRWELL GUIDE QUALIFICATIONS – The Fairwell Guide is an experienced attorney who has received training in mediation skills. A Statement of Qualifications of the Fairwell Guide will be provided at the first Fairwell mediation session.
10. Termination of the FAIRWELL Mediation – Either party or the Fairwell Guide may terminate a particular Fairwell mediation session or the entire Fairwell mediation process at any time with or without cause. However, each party agrees to make reasonable and appropriate attempts to address in Fairwell mediation any problems which are causing him or her to desire to terminate mediation.
Thank you for visiting diyvorce.com. Kapsten, LLC, a Minnesota limited liability company operates this website under the brand diyvorce. This website provides our Services, which include document assembly and other divorce related resources.
This page is used to inform website visitors regarding our policies with the collection, use, and disclosure of Personal Information if anyone decided to use our Services.
Information Collection and Use
For a better experience while using our Service, we may require you to voluntarily provide us with certain personally identifiable information by signing up for a free membership, sending a comment or suggestion, engaging in a chat, including but not limited to your name, email, phone number, and postal address. The information that we collect will be used to contact or identify you, to run promotions, to respond to your questions or chats and to gather aggregate information on website use. Additionally, if you purchase any products we will collect information to secure payment from you.
We want to inform you that whenever you visit our Service, we collect information that your browser sends to us that is called Log Data. This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser version, pages of our Service that you visit, the time and date of your visit, the time spent on those pages, the pages to look at before visiting and after leaving our website and other statistics. We use this non-identifiable and aggregate information to improve our website and we may share it with our suppliers and consultants.
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Our website uses these “cookies” to collection information and to improve our Service. You have the option to either accept or refuse these cookies, and know when a cookie is being sent to your computer. If you choose to refuse our cookies, you may not be able to use some portions of our Service.
We may employ third-party companies and individuals due to the following reasons:
We want to inform our Service users that these third parties have access to your Personal Information, Log Data and Cookies. The reason is to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose.
We value your trust in providing us your Personal Information, thus we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security.
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Our Services do not address anyone under the age of 13. We do not knowingly collect personal identifiable information from children under 13. In the case we discover that a child under 13 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to do necessary actions.
Disclaimer: You understand that it is your responsibility to ensure that the legal documents you create are complete, accurate, and meet your specific needs. We are not liable or responsible for any documents created using our services, and we give no representations or warranties, express or implied, that the documents created using our service are complete, accurate or free from errors or omissions. It is your responsibility to select the correct packages for you specific legal needs. Diyvorce may not provide you any legal advice and may only assist with your self-help services based on your specific instructions.
No Conflict of Interest or Limitation on Users: Diyvorce does not perform conflict checks or any other screening of users as they access the resources and services on this site. Both you and your spouse could be accessing diyvorce, could be free members and could be buying services diyvorce.
Not Attorneys, Not Law Firm, No Legal Advice or Services, No Attorney-Client Relationship or Privilege: Diyvorce is not a law firm, is not acting as an attorney and is not permitted to provide legal services. By engaging with diyvorce, the website and its services, no attorney-client relationship is formed. Any communications with diyvorce or its representatives are not protected by an attorney-client privilege. You may engage your own attorney while using diyvorce, but diyvorce is not a substitute for attorneys or legal advice. The information in diyvorce is common in nature and is not specifically tailored to your particular legal needs.
Email Opt-in Policy: When using our fee membership service, you will be opted in to receive occasional email updates intended to help you. You may unsubscribe at any time by clicking on the “Unsubscribe” link at the bottom of any email sent.
Copyright: This site’s entire content, including but not limited to text, graphics or code, is copyrighted as a collective work under the United States and other copyright laws and is the property of Kapsten, LLC, owner of diyvorce. The collective work includes works that are licensed to Kapsten, LLC. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited unless authorized by diyvorce or Kapsten, LLC.
Trademarks: All trademarks, service marks and trade names of diyvorce used in the site are trademarks or registered trademarks of Kapsten, LLC.
Warranty Disclaimer: This site and the materials, products and services on this site are provided “as is” and without warranties of any kind. To the fullest extent permissible pursuant to applicable law, diyvorce disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. diyvorce does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. diyvorce does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability: Diyvorce shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the services and products offered on this site or the performance of its services and products.
Typographical Errors: In the event that a diyvorce product is mistakenly listed at an incorrect price, diyvorce reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Diyvorce reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, diyvorce shall issue a credit to your credit card account in the amount of the incorrect price.
Termination: These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by diyvorce and Kapsten, LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous shall survive any termination.
Notice: Diyvorce may deliver notice to you by means of an e-mail, a general notice on the site, or by another reliable method based on the contact information you have provided to diyvorce.
Testimonials: Diyvorce reserves the right to use your statements and feedback as posted testimonials on our website, but we will limit the use to first name and first initial of last name.
Miscellaneous: Your use of this site shall be governed in all respects by the laws of the state of Minnesota, U.S.A. You agree that jurisdiction over any venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of diyvorce’s products or services) shall be in the state or federal courts located in Ramsey County, Minnesota. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of diyvorce products) must be commenced within one (1) year after the claim or cause of action arises. Diyvorce’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice’s shall act to modify any of these terms and conditions. Diyvorce may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site Harassment: in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language is strictly forbidden. Impersonation of others, including a diyvorce or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party, or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
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