Last Updated: November 8, 2025.

IMPORTANT NOTICE: These terms contain a binding arbitration provision and class action waiver that apply to all claims brought against Family Docs. They affect your legal rights as detailed in the MANDATORY ARBITRATION AND CLASS ACTION WAIVER sections below. By accepting these Terms, you agree to be bound by the arbitration provision and class action waiver contained in those sections. Please review it carefully.

OVERVIEW

We are ParentingDocs (“ParentingDocs,” “we,” “us,” or “our”). We provide a platform for users to collect, organize, store, share, send and otherwise and disclose information and messages, including in connection with legal or other proceedings, such as family law or other disputes (the “Service”). These Terms of Service (“Terms”) govern the use by individuals (“you” or “yours”) who we have authorized to use the Service. 

1. ACCEPTANCE OF TERMS

These Terms are a legally binding agreement. By subscribing to, accessing or using the Service you confirm that (1) you have read these Terms, (2) you are at least 18 years of age, (3) you accept the Terms, and (4) you have read and accept our privacy policy at https://parentingdocs.com/policies/privacy-policy/ (“Privacy Policy”), which is incorporated into these Terms. If you don’t agree with these Terms, please don’t use the Service.

All references to “you” or “your,” as applicable, mean the person who accesses or uses the Services in any manner, and each of your heirs, assigns, and successors.  If you use the Services on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that entity to these Terms, your acceptance of the Terms will be deemed an acceptance by that entity, and “you” and “your” herein shall refer to that entity.

We reserve the right to change or update these Terms from time to time at our sole discretion. Except for Section 13 which provides for binding arbitration we reserve the right to change, modify, add or remove portions of the Terms at any time by posting the amended Terms and reflected through the “Last Updated” date. Please review the Terms frequently for any changes. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means, which could include notification through the Service or via email. Your continued use of the Service following the effective date of any changes to these Terms constitutes acceptance of those changes. If you do not agree to the new Terms, you may not use the Service.

2. GENERAL CONDITIONS

We may refuse to provide the Service to anyone for any reason at any time. We may change, add, or remove features, products, or functionalities, or we may also suspend or stop the Service altogether. We may take any of these actions at any time for any reason, with or without notice. We are not liable to you or to any third party for any modification, suspension, or discontinuance of the Service. If we have provided the Service, in whole or part, for free, we may decide to charge a fee for the Service at any point in the future.

You represent and warrant that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in these Terms or in the performance of such obligations will place you in breach of any other contract or obligation.

3. ACCOUNT REGISTRATION

In order or access or use all or certain features of the Service you may be required to create a ParentingDocs account (“Account”) and become a “Registered User” of the Service. During the registration process you will be required to provide certain information and may be required to establish a username and a password or other means of authentication. You agree to provide accurate, current and complete information at all times when using the Service, including during the registration process, and to update such information to keep it accurate, current and complete. ParentingDocs reserves the right to refuse to maintain Accounts for, or provide Service to, any individual for a valid reason in its sole discretion.  

You are responsible for safeguarding your password if you create one. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify ParentingDocs of any unauthorized access to or use of your Account.

Notwithstanding the foregoing paragraph, you may permit persons to access your Account in order to view documents that you upload to the Service and to allow such persons to upload documents to your Account as described more fully in Section 5 below. Such persons are referred to herein as “Authorized Users.” You will be liable for all actions of Authorized Users in connection with your Account and ParentingDocs disclaims all liability in connection with such Authorized Users, including but not limited to any dispute that arises between or among you and one or more Authorized User. ParentingDocs may decide to limit the total number of Authorized Users that may access your Account and may change any such limit at any time in its sole discretion.

4. SUBSCRIPTION

Billing. We may charge a subscription fee for access to the Service and such fees will be made clear during the order process. To use any portion of the Service that requires a paid subscription, you must provide us with a valid form of payment, and you authorize us to charge such form of payment in connection with your subscription. All fees will be payable in accordance with our policies in effect at the time the fee becomes payable. You authorize us to charge any form of payment you provide in connection with your subscription. Your subscription will continue for the period of time of the subscription plan that you selected and will automatically renew until terminated. You must cancel your subscription before it renews in order to avoid billing of the subscription fees for the next billing cycle. Your billing will include your subscription fees and any applicable taxes and transaction fees. We may receive updated credit card information (new credit card number or updated expiration date) from your credit card issuer and we may use these new details in order to help prevent any interruption to your subscription. If you would like to use a different payment method or if there is a change in payment method, please visit the settings area of your account to update your billing information. If any subscription fee is not paid in a timely manner, or your transaction cannot be processed, we reserve the right to suspend, disable, cancel or terminate your access to the Service or cancel your subscription. You will be responsible for paying all past due amounts.

Free Trial. If the Service is offered as a paid subscription, your use of the Service may start with a free trial period. Any free trial period is at the sole discretion of MY Documenter and we may limit eligibility or duration to prevent misuse. We reserve the right to terminate any free trial period at any time. We may charge you a subscription fee upon expiration of your free trial period. To view the subscription price, please access your account information when you log in for the Service.

Cancellation. You can cancel your subscription at any time through the settings in your account. When you cancel a paid subscription, you cancel only future charges associated with your subscription but the cancellation will become effective at the end of your current subscription period. In order to avoid future charges, you must cancel your subscription at least 24 hours prior to the end of your current subscription period. If you cancel, your right to use the subscription Service will continue until the end of your then-current subscription period (unless we provide you with a refund or otherwise allow you to use the unused portion towards another service or subscription) and will then terminate without further charges).

No Refunds. EXCEPT AS OTHERWISE STATED HEREIN OR REQUIRED BY APPLICABLE LAW, YOUR PAYMENT IS NONREFUNDABLE. If you cancel your subscription, you will not receive any refund and you will continue to have access to the subscription services through the end of the subscription period. We reserve the right to issue refunds, credits, or discounts at our sole discretion. If we issue a refund, credit, or discount, we are under no obligation to issue the same or similar refund or discount in the future and we may terminate your subscription and access to the Service.

Suspension and Termination. We may terminate these Terms at any time. We may also suspend or terminate your subscription or the Service at our sole discretion for any reason or no reason and without any notice. We may do so, for example, for any conduct that ParentingDocs in its sole discretion, believes violates any applicable law, violates these Terms or is otherwise harmful to the interests of ParentingDocs. If we terminate your subscription, we may give you a prorated refund based on the amount of time remaining that you cannot use; provided, however, that we will not be obligated to grant you a refund if we terminate your Account or your subscription because we determine, in our sole discretion, that your actions or your use of the Services violate these Terms, any applicable law, or has harmed another user.

Changes to Subscription or Service. We may change the subscription terms or subscription fees at any time on a going forward basis in our discretion. If the pricing for your subscription increases, we will notify you, and provide you an opportunity to change your subscription before applying those changes to your account or charging you in connection with an automatic renewal. We may choose in our sole discretion to add, modify, or remove benefits and features from a subscription. Your continued use of the Service after the changes become effective will constitute your acceptance of the changes. If you do not wish to continue subscribing with the new fees or features, you may cancel your subscription. If you accept the new subscription, its terms and conditions will apply for that renewal and all renewals going forward.

5. USER CONTENT

As a Registered User, you will have access to a portal through which you may upload and store information and/or share such information with your Authorized Users. The Service enables you and your Authorized Users to (i) upload, submit or otherwise make available through the Service content to share on the portal and/or to download for use outside the Service and (ii) set restrictions on how Authorized Users may use such content (e.g., restrict the ability to download such content). Such content may include, but is not limited to journal entries, annotations, photos, audio recordings, videos, messages, documents, comments and other content (collectively, “User Content”).   

You acknowledge and agree that all User Content submitted under your Account  is your sole responsibility. This means that you, not ParentingDocs, are entirely responsible for all User Content that you or your Authorized Users upload, post, email, transmit, or otherwise make available via the Service. You acknowledge and agree that if you choose to share User Content using the Service you do so at your own risk. You further represent and warrant that you or your Authorized Users have all required rights to read, submit, post, upload or otherwise use or disseminate such User Content without violation of any third-party rights or any applicable law. PARENTINGDOCS DISCLAIMS ALL LIABILITY TO YOU OR TO ANY THIRD PARTY IN CONNECTION WITH  ALL CLAIMS, DAMAGES, ACTIONS, EXPENSES ARISING FROM OR RELATED THE USER CONTENT.ParentingDocs

You acknowledge that ParentingDocs and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, undelete, modify and/or move any User Content available via the Service. Without limiting the foregoing, ParentingDocs and its designees shall have the right to remove any User Content that violates these Terms or is otherwise offensive or objectionable in ParentingDocs’ sole discretion. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Content. You further acknowledge and agree that you bear the sole risk of reliance on any User Content available on or through the Service.

6. CODE OF CONDUCT

You may use the Service only in compliance with these Terms and applicable law. You may not do anything illegal or (as determined by us) anything objectionable or inappropriate in connection with the Service or encourage or enable anyone else to do so, including but not limited to the following:

• use the Service in violation of, or in connection with violating, any applicable law or any legal or contractual rights of us or any third party, or any obligations you may have to any party (including, without limitation, intellectual property rights, privacy or publicity rights, and confidentiality obligations);
• reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, or use of or access thereto;
• interfere with, disrupt, or create undue burden on the Service or the networks or services connected thereto by any means;
• crawl, scrape, or use other automated means like “spiders” and “robots” to access or collect data from the Service;
• circumvent any of the Service’s security measures, reverse engineer any portion of the Service, obtain any source code, or create back doors or any form of unauthorized access to the Service;
• upload, email, or otherwise transmit any material that contains viruses, corrupted files, Trojan horses, worms, or any other computer code, software, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment or that may adversely affect the operation of the Service;
• post or transmit, or cause to be posted or transmitted, or use the Service to display or distribute any User Content that is infringing, libelous, defamatory, abusive, offensive, obscene, pornographic or otherwise violates any law or right of any third party;
• use the Service to harass or cause harm to others; or
• use the Service in any way not specifically permitted by these Terms.

If you violate any provisions or restrictions of these Terms, we reserve the right, in our sole discretion and without notice to you, to terminate, delete, and/or deactivate your Account, and/or block or limit your access to the Service. We are not liable to you or any third party for any termination of your account or access to the Service.

7. INTELLECTUAL PROPERTY RIGHTS

We do not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, ParentingDocs exclusively own all right, title and interest in and to the Service, including any content generated or made available by ParentingDocs or its licensors (excluding User Content) (“ParentingDocs Content”). You acknowledge that the Service and any ParentingDocs Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service or ParentingDocs Content. ParentingDocs grants you a non-exclusive, non-transferable, and revocable limited license to use the Service consistent with these Terms. Any rights not expressly granted herein are reserved by ParentingDocs and its licensors. ParentingDocs will have no liability to you for any damage or loss arising from unauthorized uses.

By making any User Content available through the Service, you hereby grant to ParentingDocs a non-exclusive, transferable, worldwide, royalty-free license, to use, host, cache, store, reproduce, transmit, display, publish, distribute and modify (for formatting purposes only), your User Content solely in connection with operating and providing the Service and ParentingDocs Content to you and, depending on the permission you grant, to Authorized Users, individuals, and/or organizations. Subject to the foregoing license, as between ParentingDocs and you, you retain any and all of your rights to your User Content.   

From time to time, you may provide us with comments, suggestions, or ideas for enhancements, improvements, changes, or additions to the Service or our business in general, including ideas for new features, materials, and other content (“Feedback”). By providing us Feedback, you grant to us exclusive ownership of the Feedback and of all intellectual property rights and other rights in it, and you will provide us with reasonable cooperation in documenting this grant. ParentingDocs has no obligation to do anything with Feedback, but we will have the full, worldwide, unencumbered right to use, incorporate, and otherwise fully exercise and exploit any such Feedback via all forms of media, distribution methods, and technology now known or later developed, for any purposes, commercial or otherwise, and to transfer or license our rights in the Feedback, without notice, acknowledgement or compensation to you.

8. THIRD-PARTY SERVICES

The Service or User Content may contain links to or integrations with third-party websites, platforms, applications, or services (collectively, “Third–Party Services”) that are subject to different terms and privacy practices. Your use of and interactions with any Third-Party Services are governed by the third party’s terms and not by these Terms. You interact with Third-Party Services at your own risk.

We do not own or control Third-Party Services, and we are not responsible or liable for any aspect of such Third-Party Services, including but not limited to any harm or damages related to any interactions or transactions you may have with Third-Party Services (such as any information, content, or materials provided by Third-Party Services). Links and integrations to Third-Party Services are not an endorsement or recommendation.

Please review carefully any third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

9. COMMUNICATIONS

9.1 General. We may communicate with you using email or autodialed or prerecorded calls and text messages, at any telephone number that you provide us, to: (a) notify you regarding your account; (b) troubleshoot problems with your account; (c) resolve a dispute; or (d) as otherwise necessary to service your account or enforce these Terms, our policies, applicable law, or any other agreement we may have with you.

You agree to receive electronic communications from us. These communications may include notices about your Account and information concerning or related to the Service. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing, and will have full legal effect.

You also agree that any transaction or agreement undertaken on or through the Service, including your agreement to these Terms, is an electronic transaction or agreement.

We may route phone and text communications through a third-party service provider, and we or the service provider may record telephone conversations you have with us or its agents for quality control and training purposes, or for our own protection or legal compliance purposes.

9.2 SMS Terms

Signing Up for SMS Text Messages. You may sign up for SMS text messages in connection with the Services, including marketing text messages. By Opting In to text messages, you authorize us or our provider to use autodialer or non-autodialer technology to send text messages to the mobile phone number associated with your Opt-In. You authorize us to include marketing content in any such messages. You do not have to Opt In or agree to Opt In as a condition of any purchase. (For purposes of these SMS Terms, “Opting In,” “Opt In” and “Opt-In” refer to requesting, joining, agreeing to, enrolling in, signing up for, acknowledging, or otherwise consenting to receive any text messages.)

To opt out, you must text STOP in response to any SMS message sent from or on behalf of us. You understand and agree that any other method of opting out, including (but not limited to) texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

By Opting In to text messages:

• You are signing your Opt-In to the text messages.
• You accept these Terms. Our text message-related activities are part of the Service as defined above.
• You confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to Opt In.
• You consent to the use of an electronic record to document your Opt-In. To withdraw that consent, request a free paper or email copy of the Opt-In, or to update our records with your contact information, please contact us as described at the end of our Privacy Policy. To view and retain an electronic copy of these SMS Terms or the rest of your Opt-In, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you’ll also need an email account you can access from the device, along with a browser or other software that can display the emails. These SMS Terms still will apply if you withdraw the consent mentioned above or opt out of the text messages.

After Opting In, in addition to the main messages the service offers, you may receive one or more welcome messages or administrative messages, such as (in some cases) a request to confirm your Opt-In.

Message and data rates may apply to messages that we send you or that you send us. You may receive multiple, recurring messages. We may terminate our text message programs or your participation in them at any time with or without notice, including, for example, before you have received any or all messages that you otherwise would have received, but these SMS Terms still will apply. You may receive one or more confirmation messages when you opt out or when your participation in the program otherwise ends. We and mobile carriers are not liable for delayed or undelivered messages.

For customer service regarding our SMS programs, contact us as provided at the end of these Terms.

Discontinuing or Transferring Your Phone Number. If at any time you intend to stop using the mobile telephone number that has been used to subscribe to text messaging, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the user opt out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these Terms. You further agree that, if you discontinue the use of your mobile telephone number without notifying us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your account or these Terms.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

10. DISCLAIMERS

The Service, any information or content on the Service, and any statements made on or in connection with the Services are provided for general informational and educational purposes only, and should not be relied on upon or used as the sole basis for making any decisions. ParentingDocs does not provide any professional service to users, including legal services, and disclaims all liability with respect thereto.

YOUR USE OF OR INABILITY TO USE THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND THE PARENTINGDOCS CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, PARENTINGDOCS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

PARENTINGDOCS MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR THAT THE QUALITY OF THE SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE SOME OR ALL OF THE SERVICE FOR INDEFINITE PERIODS OF TIME OR CANCEL SOME OR ALL OF THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.

IF YOU RELY ON ANY DATA OR INFORMATION OBTAINED THROUGH THE SERVICE, YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF SUCH DATA OR INFORMATION.

CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

11. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO CASE WILL PARENTINGDOCS OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PARENTINGDOCS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.

IN NO EVENT WILL PARENTINGDOCS’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED $100.00.

IF THE JURISDICTION WHERE YOU RESIDE DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF LIABILITY PROVIDED IN THESE TERMS, THAT LIMITATION WILL NOT APPLY TO THE EXTENT PROHIBITED.

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PARENTINGDOCS AND YOU.

12. INDEMNITY AND RELEASE

To the fullest extent allowed by applicable law, you agree to indemnify, defend, and hold harmless ParentingDocs and its officers, directors, employees, affiliates, agents, contractors, suppliers, service providers, and licensors from any  and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to (i) your use of the Service, (ii) the User Content, (iii) all disputes between or among you and your Authorized Users and/or any other third party, (iv) your violation of these Terms, or (v) your violation of any rights of another.  

ParentingDocs reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with ParentingDocs in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, these Terms or your access to the Service.

In the event that you have a dispute with one or more other users of the Service, including but not limited to Authorized Users, you release ParentingDocs, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Service.

If you are a California resident, you waive California Civil Code Section 1542, which provides: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party.

If you are not a California resident, you waive your rights under any statute or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.

13. APPLICABLE LAW; JURISDICTION; DISPUTE RESOLUTION

These Terms shall be governed by the laws of the United States and the State of Colorado without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.

You agree that any claim or dispute relating to the Service or these Terms that is not resolved under the arbitration requirements of these Terms must be resolved exclusively by a court of competent jurisdiction, federal or state, located in Colorado, and no other court. You agree to submit to the personal jurisdiction of such courts and to accept service of process from them.

In no event can any claim or action by you related to the Service be instituted more than one year after the cause of action arose.

Arbitration Agreement

(A) Informal Dispute Resolution Procedure. If there is an instance when you have a concern that needs special attention, ParentingDocs is committed to working with you to reach a reasonable resolution. However, we can only do this if we know about it. Therefore, for any concern you may have with the Services, you agree to first send a written description of it to [email protected] so we have an opportunity to address it. You agree to work with ParentingDocs in good faith to resolve the concern. We believe this should lead to resolution. However, if for some reason the concern is not resolved satisfactorily within sixty (60) days after we receive your email, and all necessary information, you agree to the further dispute resolution provisions below.

(B) Mutual Arbitration Agreement. If the informal dispute resolution procedure does not lead to resolution, then either party may initiate binding arbitration as the sole means to resolve Disputes, (except as provided for herein) subject to the terms set forth below and the National Arbitration and Mediation (“NAM”) rules. If you are initiating arbitration, a copy of the demand shall also be emailed to [email protected]. Any demand initiating arbitration, whether filed by you or ParentingDocs, must include the email address you used to create an account with ParentingDocs.

Except as set forth below, you and ParentingDocs agree that by using the Services in any way, you unconditionally consent and agree that any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against ParentingDocs arising out of or, relating to, or connected in any way with the Services or these Terms, including but not limited to any claim that all or any part of these Terms are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment, non-payment, or the timing of any administrative or arbitrator fees (each a “Dispute”) will be resolved exclusively by final and binding arbitration in accordance with Subsections 13(A)-(K) of these Terms (the “Arbitration Agreement”). (The portion of this Section 13 preceding Subsection 13(A) applies regardless of whether you have opted out of the Arbitration Agreement under Subsection 13(J).)

This Arbitration Agreement applies to claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement or any prior agreement as well as claims that may arise after the termination of this Arbitration Agreement, in accordance with the notice and opt-out provisions set forth herein. This Arbitration Agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16.

The parties understand that an arbitrator and not a judge or jury will decide the Dispute, and that rights to discovery and appeals may be limited in arbitration. The parties further understand that the costs of arbitration could exceed the costs of litigation in some instances.

You hereby acknowledge and agree that by agreeing to these Terms, which include this Arbitration Agreement, you and ParentingDocs are each waiving the right to a trial by a jury to the maximum extent permitted by law.

Notwithstanding the parties’ decision to resolve all Disputes through arbitration, each party retains the right to (i) elect to have any claims resolved in small claims court on an individual basis for disputes and actions within the scope of such court’s jurisdiction, regardless of what forum the filing party initially chose; (ii) bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” in this context means patents, copyrights, moral rights, trademarks, and trade secrets and other confidential or proprietary information, but not privacy or publicity rights) or for defamation; and (iii) seek a declaratory judgment, injunction, or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court. Seeking such relief shall not waive a party’s right to arbitration under this Arbitration Agreement, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed pending the outcome of such action.

(C) Class Arbitration and Collective Relief Waiver. You and ParentingDocs acknowledge and agree that, to the maximum extent allowed by law, except as set out otherwise in Subsection (F) below, any arbitration shall be conducted in an individual capacity only and not as a class or other representative action and the arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve an individual party’s claim; notwithstanding this acknowledgement and agreement, you agree that any arbitration involving you may proceed on a consolidated basis, but it may do so if and only if ParentingDocs provides its consent to consolidate in writing.

With the exception of this Subsection (C) and Subsection (F) below, if any part of this Arbitration Agreement is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of NAM, then the balance of this Arbitration Agreement shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting provision were not contained herein. If, however, this Subsection (C) or Subsection (F) is found to be invalid, unenforceable, or illegal as applied to your claims, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor ParentingDocs shall be entitled to arbitrate their dispute.

(D) Arbitration Rules. The arbitration will be administered by NAM and conducted before a sole arbitrator in accordance with the rules of NAM, including, as applicable, NAM Comprehensive Dispute Resolution Rules and Procedures, Fees For Disputes When One of the Parties is a Consumer and the Mass Filing Supplemental Dispute Resolution Rules and Procedures in effect at the time any demand for arbitration is filed with NAM, excluding any rules or procedures governing or permitting class or representative actions. The applicable NAM rules and procedures are available at www.namadr.com or by emailing National Arbitration and Mediation’s Commercial Dept at [email protected]. If NAM is not available to arbitrate, the parties will select an alternative arbitration provider.

(E) Arbitration Location and Procedure. For all U.S. residents, where the amount in controversy is over $25,000, the arbitration shall be held (i) at a location determined under the applicable NAM rules and procedures that is reasonably convenient for you and is no more than 100 miles from your home or place of business; or (ii) at another location you and we agree upon. For non-U.S. residents, the arbitration shall be held in Colorado (unless otherwise agreed by the parties). Where the amount in controversy is under $25,000, the arbitration shall take place solely by submission of written materials, unless the arbitrator determines that a hearing is necessary, and any arbitrator nationwide may be appointed. Where a hearing is necessary in such cases, the parties agree to remote participation by videoconference or teleconference.

The arbitrator or arbitration body shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator has the right to impose sanctions in accordance with the NAM rules and procedures for any frivolous claims or submissions the arbitrator determines have not been filed in good faith, as well as for a party’s failure to comply with the Informal Dispute Resolution Procedure contemplated by this Arbitration Agreement.

Subject to the applicable NAM rules and procedures, the parties agree that the arbitrator will have the discretion to allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute.

Unless otherwise prohibited by law, all arbitration proceedings will be confidential and closed to the public and any parties other than you and ParentingDocs (and each of the parties’ authorized representatives and agents), and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award (provided that the party seeking confirmation shall seek to file such records under seal to the extent permitted by law).

(F) Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to NAM (“Mass Filing”), the parties agree to administer the Mass Filing in sequential batches of approximately 100 demands per batch (as adjusted to accommodate any arbitrator strikes as described below). To the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands). The parties further agree: (i) to designate one arbitrator for each batch; (ii) to accept applicable fees, including any related fee reduction determined by NAM in its discretion; (iii) that 10% of the anticipated total number of batches for the Mass Filing may proceed simultaneously as set forth in this batching provision and Arbitration Agreement, but that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior set of batches are filed, processed, and adjudicated (for example: if 2000 demands were presented as part of a Mass Filing, there would be 20 anticipated batches, 10% of which – i.e., 2 batches – may proceed simultaneously); (iv) that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by ParentingDocs and the claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; (v) that the staged process of batched proceedings, with each batch including 100 demands, shall continue until each demand (including your demand) is adjudicated or otherwise resolved, and (vi) to make good faith efforts to resolve each batch of claims properly designated for filing, processing, and adjudication within 180 days, failing which any of the claimants whose demands have not yet begun arbitration or ParentingDocs may cease arbitration and file in a court of competent jurisdiction.

Arbitrator selection for each batch shall be conducted to the greatest extent possible in accordance with the applicable NAM rules and procedures for such selection, and the arbitrator will determine the location where the proceedings will be conducted. Each claimant may strike the arbitrator selected by their counsel and ParentingDocs for the batch and where such strike is exercised, the objecting claimant’s demand will be included in any simultaneously proceeding batch, or the next following batch.

You agree to cooperate in good faith with ParentingDocs and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by NAM in its discretion, for each batch of claims. The parties further agree to cooperate with each other and the arbitration provider or arbitrator to establish any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims. Any disagreement between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a procedural arbitrator appointed by NAM. This “Batch Arbitration” provision shall in no way be interpreted as increasing the number of claims necessary to trigger the applicability of NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures or authorizing class arbitration of any kind. Unless ParentingDocs otherwise consents in writing, ParentingDocs does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this Subsection (F) and Subsection (C). If your demand for arbitration is included in the Mass Filing, your claims will remain tolled until your demand for arbitration is decided, withdrawn, or is settled.

The parties agree that this batching provision is integral to the Arbitration Agreement insofar as it applies to a Mass Filing. If the batching provision in this Subsection (F) is found to be invalid, unenforceable, or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor ParentingDocs shall be entitled to arbitrate any claim that is a part of the Mass Filing.

(G) Mediation Following First Batch in a Mass Filing. The results of the first completely adjudicated batch of demands will be given to a NAM mediator selected from a group of 5 mediators proposed by NAM, with ParentingDocs and the remaining claimants’ counsel being able to strike one mediator each and then rank the remaining mediators and the highest collectively ranked mediator being selected. The selected mediator will try to facilitate a resolution of the remaining demands in the Mass Filing. After the results are provided to the mediator, ParentingDocs the remaining claimants and their counsel, and the mediator will have 90 days (the “Mediation Period”) to agree on a resolution or substantive methodology for resolving the outstanding demands. If the parties are unable to resolve the outstanding demands during the Mediation Period, and cannot agree on a methodology for resolving them through further arbitrations, either ParentingDocs or any remaining claimant may opt out of the arbitration process and have the demand(s) proceed in a court of competent jurisdiction. Notice of the opt-out will be provided in writing within 60 days of the close of the Mediation Period. If neither ParentingDocs nor the remaining claimants opt out and they cannot agree to a methodology for resolving the remaining demands through further arbitration, the arbitrations will continue with the batching process. Absent notice of an opt-out, the arbitrations will proceed in the order determined by the sequential numbers assigned to demands in the Mass Filing.

(H) Arbitrator’s Decision. The arbitrator’s decision shall be controlled by the terms and conditions of these Terms. The arbitrator will render an award within the time frame specified in the applicable NAM rules and procedures. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forum’s rules, and this Arbitration Agreement. The parties agree that the damages and/or other relief must be consistent with the terms of Sections 15 and 16 (“Disclaimer of Warranties” and “Limitation of Liability”) as to the types and the amounts of damages or other relief for which a party may be held liable. No individual arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Attorneys’ fees will be available to the prevailing party in the arbitration if authorized under applicable substantive law governing the claims in the arbitration.

(I) Fees. If you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, ParentingDocs will pay any filing and hearing fees in excess of the current United States District Court filing fee for the District of Colorado that the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive regardless of the outcome of the arbitration, unless the arbitrator determines that your claim(s) were frivolous or asserted in bad faith, in which case arbitration fees (including attorneys’ fees) may be imposed upon you consistent with the Arbitrator’s Rules and the standard for sanctions set forth in Federal Rule of Civil Procedure 11. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise, including as set forth in this Arbitration Agreement. The parties agree that NAM has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under NAM’s Rules where it deems appropriate (including as specified in Subsection (F)) provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this Arbitration Agreement while such challenge remains pending before NAM, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.

(J) 30-Day Right to Opt Out. You have the right to opt out and not be bound by the Arbitration Agreement by sending written notice of your decision to opt out to [email protected] with the subject line, “ARBITRATION OPT-OUT”. You must send this notice from the email address associated with your account (if you have one), or if this is not possible, you must promptly cooperate with us to identify your account if you have one. Regardless of the email address you use, you must promptly cooperate with any request from us to authenticate that you are the accountholder (if you hold an account) and that you are the actual sender of the notice. Your notice must include your name and address, the email address you currently use to access your ParentingDocs account (if you have one), and a clear statement that you want to opt out of this Arbitration Agreement. The notice must be sent within thirty (30) days of first becoming subject to this Arbitration Agreement. You become subject to this Arbitration Agreement at the same time you become subject to the rest of these Terms. Otherwise, you shall be bound to arbitrate disputes in accordance with this Arbitration Agreement. If you opt out of the Arbitration Agreement, you may exercise your right to a trial by jury or judge, as permitted by applicable law, but any prior existing agreement the Arbitration Agreement, ParentingDocs also will not be bound by it.

(K) Changes. ParentingDocs will provide thirty (30) days’ notice of any material changes to this Section 13 by posting the update on https://mydocumenter.com/policies/changes and sending an email to the address it has on file for your Services account, if any. Any such changes will go into effect at 11 a.m. Eastern Time 30 days after ParentingDocs provides this notice and apply to all claims not yet filed regardless of when such claims may have accrued. If ParentingDocs changes this Section 13 after the date you first accepted this Section 13 (or accepted any subsequent changes to this Section 13), you agree that your failure to cancel your subscription or otherwise terminate these Terms by the time it takes effect will be deemed acceptance of those changes.

14. CLASS ACTION WAIVER

If you have a dispute with ParentingDocs that is not subject to the binding arbitration provisions in Section 13 above, then to the full extent permitted by law, you agree you may only resolve your disputes with ParentingDocs on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, collective, consolidated, private attorney general or other representative action.  Likewise, these Terms and this class action waiver preclude you from participating in or recovering relief in any current or future class, collective, coordinated, consolidated, private attorney general and/or other representative action brought against ParentingDocs by someone else.

If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

15. TERMINATION

ParentingDocs reserves the right at any time to modify, suspend, discontinue, or terminate, temporarily or permanently, some or all of the Service (or any part thereof), with or without notice. You agree that ParentingDocs shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service.

We do not guarantee that any of our Service will be available at all times or at any given time or that we will continue to offer all or any of our Service for any particular length of time. We may change and update our Service without notice to you. We make no warranty or representation regarding the availability of our Service and reserve the right to modify or discontinue the Service in our sole discretion without notice, including for example, ceasing a contest or other Service for technical reasons (such as technical difficulties experienced by us or on the internet) or to allow us to improve user experience. NOTWITHSTANDING ANYTHING TO THE CONTRARY, YOU ACKNOWLEDGE AND AGREE THAT ANY OR ALL OF OUR SERVICE MAY BE TERMINATED IN WHOLE OR IN PART AT OUR SOLE DISCRETION WITHOUT NOTICE TO YOU. YOU ASSUME ANY AND ALL RISK OF LOSS ASSOCIATED WITH THE TERMINATION OF OUR SERVICE.

ParentingDocs may terminate or suspend your right to access some or all of the Service, without prior notice or liability, if you breach any of the terms or conditions of these Terms or the ParentingDocs Privacy Policy.

All provisions of these Terms, which by their nature should survive termination, shall survive termination, including, without limitation: Section 7 (Intellectual Property Rights); Section 10 (Disclaimers); Section 11 (Limitation of Liability); Section 12 (Indemnity); Section 13 (Applicable Law; Dispute Resolution); Section 14 (Class Action Waiver); Section 15 (Termination); and Section 16 (General).

16. GENERAL

Section titles. The section titles in these Terms are for convenience only and have no legal or contractual effect.

Force Majeure. Our failure to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond our reasonable control shall not be deemed a breach of these Terms.

Non-waiver. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

Remedies. All remedies under these Terms shall be cumulative and not exclusive.

Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.

No Partnership. You and we acknowledge and agree that no partnership is formed and neither you nor we have the power or the authority to obligate or bind the other.

Assignment. You may not assign your rights under these Terms to any third party. We may assign our rights under this Terms without condition.

Entire Agreement. These Terms constitute the entire agreement between you and ParentingDocs and govern your use of the Service, superseding any prior agreements between you and ParentingDocs with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use Third Party Services.

17. CONTACT US

If you have any questions or concerns about these Terms or the Service, or to report any violations of these Terms, please contact us here, at (720) 964-1919 or via mail at 3440 Youngfield St. #423, Wheat Ridge, CO, 80033.