Welcome to www.thenadp.com (the “Site”), the website for the National Association of Divorce Professionals (“NADP”). This Site is dedicated to creating relationships, referrals, and results for professionals who practice in areas that touch on the divorce process. Through this Site, professionals locally and nationally can meet and collaborate through our online platform. We give our members the unique opportunity to create strategic alliances in the divorce industry and harness the power of a targeted network (collectively, the “Service”).
The term “you” or “your” means the individual registering for the Services as well as, if applicable, the business that the individual is registering.
We reserve the right to amend this Agreement at any time by notifying you as provided in this Agreement.
If we substantively amend this Agreement, we will give you at least seven (7) days’ notice before the changes take effect, during which time you may reject the changes by terminating your account.
Should you have any questions or concerns about this Agreement or would simply better understand how we do things, please do not hesitate to contact us by sending an email to [email protected].
If You do not agree with some or all of this Agreement’s provisions, do not use the Services.
1. Your Use.
1.1 In order to take full advantage of what this Site has to offer, you must register to use the Services. Through the registration process, you will be asked to provide information about yourself (such as name, profession, address, email address, and other contact details) as well as other basic information about your business such as your Site URL (e.g., www.mystore.com) and the name under which you do business. You agree that all information you give to us will always be accurate, correct, and up to date. Company may seek to verify certain information that you provide through third parties. You agree that any information you provide may be shared with those third parties for verification purposes. You cannot use the Services to impersonate another person or business. Company may reject any potential registration for any reason at Company’s sole discretion.
1.2 You will use your registration ID and password to access your account and use the Services. You must safeguard your ID and password and not share them with anyone or allow others to access your account. You are responsible for any and all activities undertaken by anyone using your registration ID.
1.3 You represent that you are of legal age to form a binding contract. You must be at least 18 years old to be eligible to subscribe. You represent and warrant that you are authorized to act on behalf of the business you represent in registering for the Services. This includes, without limitation, having the authority to authorize the method of payment and charges incurred to participate in the Services. Individuals under the age of 18 are prohibited from using the Services.
1.4 You must be located in the United States or a country that is not embargoed by the United States or is on the United States Treasury’s list of Specially Designated Nationals. Your country of residence must be the same as your billing address. You cannot use the Services to conduct any unlawful activity or in violation of any laws, rules, statutes, or codes. Registration is open to all professionals whose practice, in some way, touched on the area of divorce. This includes accountants, lawyers, mental health, real estate, estate planners, and other professionals.
In addition to your other obligations as stated in this Agreement, when interacting with the Site and other professionals, you agree to act in a manner consistent with the following Code of Ethics:
Code of Ethics and Professional Responsibility:
High Quality of Service
As a professional who services the divorce process, I am dedicated to ensuring that I offer a high quality of Service to the families I serve that are experiencing divorce. I am committed to minimizing client frustration and maximizing clarity and transparency for all clients. I pledge to take comprehensive measures to ensure my clients’ best interest is at the forefront of my work, integrating best practices in the divorce industry into my approach to client work.
I will provide Service with integrity, working to maintain and enhance the knowledge and skills necessary to provide my services with a high level of competency. I will be fair and reasonable in my professional relationships and will disclose conflicts of interest if they arise.
I will act in a manner that demonstrates the utmost professionalism, conducting myself with the highest level of respect and courtesy with clients, colleagues, and other stakeholders in the divorce process. This includes holding client information confidential and also practicing confidentiality with colleagues within and outside of the realm of NADP activities. This high level of professionalism also includes approaching all clients with compassion and care during, what may be, a vulnerable time in clients’ lives.
2. Your Obligations
2.1 You may upload, store, publish, display and distribute information, text, photos, videos, and other content on or through the Services (collectively, “Your Content”). Your Content specifically includes any content that you provide a link for through your use of the Site. You are solely responsible for any and all of Your Content. By posting or distributing Your Content on or through the Services, you represent and warrant to us that you have all the necessary rights to post or distribute Your Content and your posting or distribution of Your Content does not infringe or violate the rights of any third party.
2.2 You hereby grant to us a non-exclusive, royalty-free, worldwide right and license to use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute Your Content in the performance of the Services. You specifically agree that we have no responsibility for Your Content. You acknowledge and agree that we may, but are not obligated to, immediately take any corrective action in our sole discretion, including, without limitation, removal of all or a portion of Your Content, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement.
2.3 You are solely responsible for all of your content, including, without limitation, the content within any website that you may link to. We are not responsible for inaccurate information or any potential damages caused by such inaccuracies. You understand that we may not maintain copies of files or documents that are sent by you and that you are solely responsible for backing up all data. We may, but are not obligated to, review Your Content and other users’ content on the Site. We, using our sole discretion, may refuse to post, remove, or require to be removed, any posting that we deem unacceptable for any reason. We may also, in our sole discretion, require you to place certain content on password-protected pages. You may not take any action to limit the effectiveness of any password-protected pages.
2.4 You may not post content that is offensive, contains inappropriate language, is hateful, abusive, threatening, profane, or otherwise objectionable. You may not post content to create an impression that you know is incorrect, misleading, or deceptive. You specifically acknowledge and agree that Company is only a conduit for the online distribution and publication of Your Content, and Company takes no responsibility and assumes no liability for any content that you create and publish through the Service. Any content posted must comply with all applicable laws, rules, and regulations. You agree that you are solely responsible for your content however presented. Any loss or damage as a result of what you post or otherwise make available through the use of the Services is your sole responsibility. In addition to the foregoing, you specifically agree that:
- You may use our Logo in any marketing or promotional materials but may not imply or state in any way that you are employed, affiliated with the NADP or that we endorse you.
- You will not promote websites through messages that violate the CAN/SPAM Act or any other laws, rules, or regulations.
- You will not access the Services through automated means or use the Services for the propagation of worms or viruses that limit the functionality of the Services. Additionally, you will not override any security measures included on the Site or take any actions that interfere, directly or indirectly, with the normal working of the Services or place an unreasonable load on our infrastructure.
- Digital files are limited to 300MB or less in size, and audio files must be 160MB or less. You agree that all messages sent through the Services will correctly identify the sender, and you will not alter the identification of any source of messages or posts.
- You will not publish spam, machine, or randomly generated information or is designed to drive traffic to third-party sites or otherwise manipulate search engine rankings or further unlawful acts.
- You will not spam NADP members with unsolicited solicitations for your business, flyers or advertisements for any reason.
3.0 Company Obligations
3.1 Company provides online Software (“Software”) to enable you to use the Service. Company hereby grants you a limited, restricted license to use the Software solely in connection with the Services in accordance with this Agreement. You may not use the Software for any other purpose. You may not: (i) modify, disassemble, decompile or reverse engineer the Software; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer or allow access to the Software to any third party or use the Software for the benefit of or to provide similar services for any third party; (iii) make any copies of the Software; or (v) delete the copyright and other proprietary rights or notices on the Software.
3.2 The Services are controlled and operated from facilities in the United States. The Company makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including, but not limited to, export and import regulations.
4.0 Packages & Pricing
4.1 Information regarding the different subscription packages that are available is posted on the Site. Subscription offerings and pricing are subject to change at any time. All prices quoted are in US Dollars. State and Federal taxes, as required by law, are in addition to all prices listed. Value Added Tax of the European Union is in addition to any fees posted and will be charged if applicable.
4.2 We may add new features for additional fees or amend the fees for existing Services at any time at our sole discretion.
4.3 When you register, you are signing up for a 12-month period. At the expiration of the initial 12 month period, your registration will automatically renew for successive one (1) year periods (each 12 month period, including the initial period, a “Term”) unless a party provides the other parties with notice of its intent not to renew, at least 14 days prior to renewal date, at as provided in this Agreement. After the first year of membership is completed, if any request for refunds are approved, a pro-rated fee of membership dues accrued plus a 5% refund processing fee will be applied to the refund amount. You represent and warrant that you are the rightful owner of or are authorized to use the payment card utilized in connection with any transaction, and you authorize us, and our third-party service providers, to charge the credit card for all Services and store all payment information. Charges, including all applicable taxes, will be made monthly for chapter registration fees and any other services you may purchase. You remain solely responsible for any charges that are declined, unauthorized, or otherwise are not processed, including, without limitation, the cost of collecting any such fees.
4.4 We may terminate this Agreement at any time and for any reason by sending an email to the contact address provided by you notifying you of such termination. You may terminate by providing notice to us via the Site at least one day prior to the end of any Term or, alternatively, provide written notice to us at our address at least three days prior to the end of a Term.
Upon termination for any reason, we may, but are not obligated to, delete all of your information, Your Content, and any other data stored on our servers. We will not be liable to you for compensation, reimbursement, or damages in connection with your use of the Service, or any termination or suspension of the Services, or deletion of your information or any data. You will lose access to all data upon termination, and data cannot be recovered once your account is terminated, and the data is deleted. Resubscribing at a later date will NOT result in the data being restored. There are NO REFUNDS for early terminations during a Term.
4.5 Company may terminate, suspend or restrict your use of the Service, without any refund or other compensation or notice if you are, or if Company suspects that you are: (i) in violation of any term of this Agreement; or (ii) engaged in the illegal or improper use of the Service; or (iii) your business practices or commitment to the NADP professional community are not, as solely determined by Company or Company designees, in keeping with this Agreement including, without limitation the Code of Ethics in section 1.4.
5.1 Company shall not be liable to you or to any third party for any indirect, incidental, special, or consequential damages arising out of the services under this agreement including, but not limited to, damages for lost profits, lost savings or lost data, or for any damage related to the use of, or inability to use, the site or services even if company has been advised of the possibility of any such damages. Company’s total aggregate liability under this agreement for any and all claims shall be for those direct damages suffered by you and solely due to company’s performance under this agreement and shall not exceed the amounts actually paid by you to company for the services directly related to the damages suffered. No action, regardless of form, arising out of this agreement, may be brought by you more than one (1) year after the cause of action has accrued. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations in this Agreement may not apply to you.
5.2 The content and/or information provided via the services, and our users does not contain or constitute, and should not be interpreted as, therapy, medical advice, medical opinions or medical services, legal advice or legal opinions, accounting advice or opinions or any other professional advice or opinions. There is no doctor-patient relationship, therapist-patient relationship, attorney-client relationship, or any other professional relationship between company and you or our users and you. company does not provide professional advice in any capacity. The services are not a substitute for the advice of a professional, and the information made available on or through the services should not be relied upon when making important legal, financial, medical, or personal decisions. Do not rely on the advice provided through the services to diagnose or treat your patients or clients or advise them. No statements by any users of the site should be construed as a diagnosis or as confirmation that you or your clients have or do not have any particular medical condition. If you require medical advice, medical services, or therapy, or if you require legal, financial, personal health or other advice for you or your clients, you should consult an appropriate professional directly and not through company.
5.3 The information provided on and through the Site is for general informational purposes only and should not be considered an individualized recommendation, personalized professional advice, or an endorsement of any person or business by Company
6.1 The goal of the Company is to help expand each member’s business contacts through the building of long-term relationships and the building of alliances for the generation of referrals. However, Company makes no guarantees, express or implied, that you will receive referrals, an increase in business, or increased revenue as a result of using the Services.
6.2 The services and the site are provided on an “as is” and “as available” basis. Without limiting the foregoing, company, its partners and licensors, disclaim any warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or noninfringement. We do not warrant that any content is accurate, reliable or correct; that the service will meet your requirements; that the service will be available at any particular time or location, or is uninterrupted or secure; that any defects or errors will be corrected, or that the service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the service is downloaded at your own risk, and you will be solely responsible for any damage to your computer system or loss of data that results from such download. In the event of any problem with the site or the services, you agree that you’re sole and exclusive remedy is to stop using the site and/or the services.
You agree to defend, indemnify and hold harmless Company and its subsidiaries, agents, managers, partners and other affiliated companies, and their employees, contractors, agents, investors, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of and access to the Service, including any of Your Content or other data transmitted or received by you; (ii) Your violation of any term of this Agreement, including without limitation your breach of any representation and warranty; (iii) Your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) Your violation of any law, rule or regulation of the United States or any other country; (v) any claim for damages that arise as a result of Your Content or other content that is submitted via your account; (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code; Your use of the Service for any reason not contemplated by this Agreement.
8.1 You agree to allow Company to list your business as a customer of Company in Company’s advertising material including, but not limited to, listing your business on Company’s web site.
8.2 Any questions, comments, suggestions, ideas, feedback, or other information provided by you to us is not confidential. We may use such information for any purpose, including, without limitation, for any commercial or non-commercial use in our sole discretion. Such use may include, without limitation, displaying, modifying, editing, publishing, selling, transferring or otherwise using such information however we deem appropriate.
9. Links to Other Sites
The Site may contain links to other websites that are not owned or controlled by us, as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from users of our Site or third parties. We are not responsible in any way for any of those links, sites or content that is accessed through links found on the Site or through the Services. Those third-party sites and content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us. If you decide to access third-party sites or to access or use any third-party content, you do so at your own risk, and you should be aware that our terms and policies no longer govern. You should review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which you navigate. Any reference on the Site to any third party, third party website, or third-party product or Service shall not be construed as an approval or endorsement by us of that third party, third party website, or of any product or Service provided by a third party.
10. Relationship of the Parties
The relationship of the parties is that of an independent contractor. This Agreement does not create a joint venture or partnership between you and Company, and each will act independently of the other. Neither you nor Company is empowered to bind or commit the other to any contract or other obligation. You and Company agree that there are no third-party beneficiaries to this Agreement.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the written permission of Company. Company is free to assign this Agreement to any third party for any reason.
12. Governing Law; Consent to Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the state of Florida without regard to its conflicts of laws principles. The Parties hereby irrevocably submit to the exclusive jurisdiction of the County of Broward Florida with respect to any matter arising out of or relating to this Agreement and irrevocably waive any objection they may now or hereafter have as to the venue for any proceeding relating to this Agreement or that such location is an inconvenient forum. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules in Fort Lauderdale, Florida. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
13. Text Messaging
A. You agree to allow The NADP to send you text messages. If at any time you no longer wish to receive text messages, you may opt -out.
B. If you would like to Opt-Out of text messages from The NADP, please Text: STOP
C. If you would like instructions sent to you with instructions to Opt-Out, please Text: HELP
14. Miscellaneous Terms
Amendments. You specifically agree that we may modify or replace this Agreement, in whole or in part, at any time. In the event of a material change, a notice will be posted on the Site that we have modified or replaced this Agreement. We may, but are not obligated to, notify you by email of such a change. We are not responsible if any email notice is not delivered to your inbox or is not read by you for any reason including, SPAM filters rejecting the email, wrong email address on file, or if there are other issues that prevent the email from reaching you or being read by you. You should visit this page frequently and monitor any changes to the Agreement. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes.
We may also, in the future, offer new services and/or features through the Site (including the release of new tools and resources). For the avoidance of doubt, such new features and/or services shall be subject to the terms and conditions of this Agreement.
If and to the extent that any provision of this Agreement is held illegal, invalid, or unenforceable in whole or in part, then the remaining portion of that provision shall be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or unenforceability of any provision shall not in any way affect the legality, validity, or enforceability of any other provision of this Agreement.
This Agreement does not, and shall not be construed to, confer any rights to any third parties. No failure or delay by us in exercising any right, power, or privilege under this Agreement shall operate as a waiver thereof, and no single or partial exercise thereof by us shall preclude any other or further exercise, or the exercise of any right, power or privilege hereunder. A printed version of this Agreement, and of any related notice given in electronic form, shall be admissible in any judicial or administrative proceedings that is based upon or related to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. This Agreement contains the entire Agreement and understanding between the Parties and merges and supersedes all representations and discussions between the parties. Any modification to, or waiver of, this Agreement must be in writing and signed by us.
MEMBER SEAL AND IP LICENSE AGREEMENT
THIS MEMBER SEAL LICENSE AND IP AGREEMENT (the “Agreement”) is made and entered in as of the date of your membership acceptance, and expires upon the date of the cancellation of your NADP membership, by and between the National Association of Divorce Professionals, LLC, (Licensor and herein referred to as NADP and National Association of Divorce Professionals) 401 E Las Olas Blvd, #130-646, Fort Lauderdale, FL, 33301, and YOU, the member approved for membership, hereby referred to as “Licensee.” WHEREAS, Licensor owns and controls the Logo and the IP described in Exhibit “A,” see images below and incorporated herein (collectively, the “Licensed Material”);
WHEREAS, Licensee desires to use the Licensed Material to use in marketing materials such as business cards, print ads, broadcast (TV, radio and internet) event flyers and other collateral materials, website and any other material that is used to promote your business and your industry affiliations. The NADP logo is never to be used to appear as though the NADP is a sponsor of an event without express written permission from an officer at the National Association of Divorce Professionals, LLC. YOU, as a member of the NADP, and Licensor is agreeable, subject to the following the terms and conditions; NOW, THEREFORE, in consideration of the promises and other good and valuable consideration set forth herein, the parties agree as follows:
1. Grant and Reservation of Rights. Throughout the Territory, as such term is defined in Exhibit “A,” for the duration of the term, as such term is defined in Exhibit “A,” Licensor hereby grants to Licensee a limited, non-exclusive license to use the Licensed Material solely for the Permitted Use, as such term is defined in Exhibit “A” hereto. Licensee shall not be allowed to use or reproduce the Licensed Material for any other purpose for any reason whatsoever without the express prior written consent of Licensor. Licensee agrees to use the Licensed Materials only in the form provided by Licensor and subject to the conditions set forth herein. Licensee agrees not to use any other trademark or service mark in connection with the Licensed Materials without the prior written approval of Licensor. Licensee acknowledges and agrees that Licensor shall retain all rights in and to the Licensed Material during the Term of the Agreement and thereafter. Licensor shall have the right, in Licensor’s sole discretion, to sell, exploit, market, or otherwise use the Licensed Material in any manner whatsoever during the Term of the Agreement and thereafter. Without limiting any of Licensor’s other remedies, whether in law or equity, Licensee acknowledges and agrees that Licensor shall have the right to injunctive relief, to prevent and/or cure a breach or threatened breach of this Agreement by Licensee.
2. Compensation. In full consideration of all rights granted herein, Licensee shall pay Licensor the sum of your membership fee into the National Association of Divorce Professionals, LLC.
3. Representations, Warranties, and Indemnification.
A. Licensor represents and warrants to Licensee that:
i. Licensor owns and controls one hundred percent (100%) of all rights, titles, and interests (including but not limited to all copyright) in and to the Licensed Property throughout the Territory;
ii. Licensor has the exclusive, unconditional right to enter into this Agreement and grant the rights granted herein;
iii. Licensee’s use of the Licensed Property does not and will not infringe upon or violate any intellectual property right of, or infringe upon or violate the right of privacy or any other right of any third party;
iv. Licensor has no knowledge of any claim or potential claim by any party regarding the Licensed Property, which might in any way affect Licensor’s rights herein.
B. If any of the agreements, representations, or warranties contained in this Agreement are breached by Licensor, in whole or in part, Licensor shall indemnify and hold Licensee harmless from any and all damages, losses, and costs (including, but not limited to, legal costs and attorneys’ fees) resulting from any and all claims inconsistent with such agreements, representations or warranties. Licensee shall indemnify, defend and hold Licensor harmless of and from any and all liability, loss, damage, claim or expense (including, but not limited to, reasonable attorneys’ fees and court costs) arising from or related to the Permitted Use, provided said claim is not specifically related to the Licensed Property.
A. This Agreement constitutes the entire Agreement between the parties hereto with respect to the specific subject matter hereof and supersedes all prior agreements or understandings of any kind with respect to the specific subject matter hereof.
B. In the event that any provision or part of this Agreement shall be deemed void or invalid by a court of competent jurisdiction the remaining provisions or parts shall be and remain in full force and effect.
C. Any modification to this Agreement must be in writing and signed by the parties, or it shall have no effect and shall be void.
D. This Agreement is binding upon and shall inure to the benefit of the respective successors, licensees, and/or assigns of the parties hereto. Licensee may assign any or all of Licensee’s rights and/or obligations hereunder to any assignee, Licensee or designee of Licensee, and all succeeding assignees, licensees or designees. Licensor may not assign any of Licensor’s rights and/or obligations hereunder without Licensee’s prior written consent.
E. The waiver by either party of a breach or violation of any provision of this Agreement shall not constitute a waiver of any subsequent or other breach or violation.
F. This Agreement shall be governed in accordance with the laws of the State of Florida, applicable to agreements to be wholly performed therein, with jurisdiction exclusive to the Federal and State courts located in the County of Broward, State of Florida. IN WITNESS WHEREOF the parties have duly executed this Agreement as of the date first written above.
1. Territory. Global.
2. Term. The Term of this Agreement shall commence upon execution hereof and shall extend for a period of time of 12 months, or in which your membership with the NADP is in good standing, is current in payments, and your membership has not been suspended or otherwise revoked.
3. Licensed Materials. Licensee represents, warrants, and agrees that it shall not in any way suggest or imply through use of the Licensed Materials that Licensee or any of Licensee’s business, products, or services are affiliated with, endorsed or sponsored by, or created in association with Licensor.
- Member Seal.
Licensee’s use of the member seal shall be limited to the style and format of the seal as represented herein (year will change annually). Member seal image files can only be accessed and used once you have been approved for NADP membership.
i. Trademarks. a. National Association of Divorce Professionals, Trademark Registration Number: 86878392 Claimant: _National Association of Divorce Professionals, LLC
4. Permitted Use. The NADP member seal is to be less than 50% of the size of your company logo. The NADP member seal The Licensed Materials may be used by Licensee in the following mediums: your business card, marketing flyers for events that support your business, marketing collateral that supports your business as a divorce professional, your website that supports your business as a divorce professional, all advertising mediums that support your business as a divorce professional.