Terms of Use

These Terms of Use (“Terms”) cover your use of and access to the commonsensedivorce.ca website and all associated web pages and Common Sense Divorce’s Uncontested Divorce service (collectively, the “Services”) provided by The Common Sense Divorce and any of its affiliates (collectively, “CSD”). These Terms constitute a legally binding agreement between CSD and you. These Terms do not cover additional CSD professional-led Services that you may wish to utilize (i.e. Family Mediation Bundle, Lawyer-Led Negotiation Bundle).

When you register for an account with CSD, you are required to accept these Terms, including the Privacy Policy. Your acceptance signifies that you have read, understand, acknowledge, and agree to be bound by these Terms.

It is your responsibility to review these Terms periodically. If, for any reason, you do not agree to these Terms, CSD recommends that you do not use its website or services.

  1. Age of Majority

By using CSD’s Services, you agree that you are at least 18 years of age and have the legal capacity to enter into a contract.

  1. CSD is Not a Law Firm and Does Not provide Legal Advice

The information provided by CSD should not be constituted as legal advice. CSD is not a law firm and provides content on its website and as part of its Services that is solely intended to be legal information meant for personal use. CSD does not review any legal information you provide us for legal accuracy or sufficiency, draw legal conclusions, provide opinions about your selection of forms, or apply the law to the facts of your situation. As CSD is not a law firm, please note that any communications between you and CSD may not be protected as confidential information under the attorney-client privilege doctrine.

If you require legal advice for your specific situation, CSD recommends that you utilize CSD professional-led services. Those professional-led services are considered to be additional services and do not fall within the purview of these Terms.

  1. Consent to Receive Emails

By creating an account, you agree that you may receive communications from CSD, such as newsletters, special offers, and account reminders and updates. You also understand that you can remove yourself from these communications by clicking the unsubscribe link in the footer of the actual email.

  1. Inquiries

By using CSD Services, you acknowledge and accept that submitting your telephone number to CSD constitutes an inquiry to CSD and that CSD may contact you at the number submitted.

  1. Ownership

CSD Services are owned and operated by The Common Sense Divorce. All right, title, and interest in the Services provided, including but not limited to information, documents, logos, graphics, sounds, and images are owned by CSD. Except as otherwise expressly provided by CSD, none of the Services may be copied, reproduced, republished, posted, displayed, or distributed in any way and nothing shall be construed to confer license under CSD’s intellectual property rights. CSD reserves any rights not expressly granted herein.

  1. Limited Permission to Download

CSD grants you a limited permission to download, view, copy, and print material from CSD Services solely for your personal, informational, non-commercial use provided that the materials and any trademark or copyright marks are not altered in any way. This condition terminates automatically, without notice, if you breach any of these Terms. On any termination as set out in the section entitled “Termination of Access”, you agree to immediately destroy any downloaded or printed materials.

You may not copy the content of CSD’s forms or memo’s of understanding for use or sale. Resale or unauthorized distribution of materials downloaded from CSD is strictly prohibited.

  1. Links to Third-Parties

CSD Services may contain links to third-party resources and businesses (“Link(s)”) on the internet. The Links are provided for your convenience to help you identify, locate, and utilize other resources that may be of interest to you. CSD does not sponsor and is not legally associated with any Links.

CSD does not control, endorse, or monitor the contents of any Sites. That includes any further links contained in a Link and any changes or updates to the Link. CSD is not responsible for any transmission received from any Link. These Terms do not cover your interaction with the Link. CSD recommends that you carefully review the terms of use and privacy policies of any third part sites.

If you use any service provided on a Link, CSD will not be responsible for any act or omission of that third-party and does not warrant or support any service provided by that third-party.

  1. Dispute Resolution by Mediation and Binding Arbitration

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

Most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing info@commonsensedivorce.ca.

However, if CSD is not able to resolve a dispute with you after attempting to do so informally, then as a condition to your use of Services we mutually agree to resolve such dispute first through mediation or, if required, finally through binding arbitration instead of in courts of general jurisdiction.

If we find that we are unable to reach resolution by informal discussion, we agree to attempt to resolve any dispute, claim, or controversy arising out of the use of CSD Services by mediation, which shall be conducted by one of CSD’s trained and impartial mediatiors. Furthermore, you and CSD each agree that respective good faith participation in mediation is a condition precedent to pursuing any other legal or equitable remedy. Either you or CSD may commence the mediation process by providing written notice to the other, setting forth the subject of the dispute, claim, or controversy. Within 15 days after the receipt of the written notice, the recipient shall deliver a written response to the sender. The initial mediation session shall be held 30 days after the initial notice. You and CSD agree to share equally in the fees for the mediation process (which shall not include any expenses incurred by each party for its own legal representation in connection with the dispute resolution process). Each party shall pay its own additional expenses relating to the dispute resolution process. Both parties understand the confidential nature of mediation and further acknowledge and agree that all discussions, offers, statements, and agreements made in the course of mediation shall be confidential and, additionally, inadmissible in any other legal proceeding involving the parties.

If a settlement cannot be made through the mediation process, you and CSD agree to arbitrate all disputes, claims, and controversies between us. The arbitration will be held in Toronto, Ontario, Canada. Notwithstanding our agreement to mediate and arbitrate disputes, the following exceptions will apply to the resolution of disputes between us:

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

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

You agree that by agreeing to use these Services, you are waiving your right to a trial by jury or to participate in a class action. CSD may, in the future, make changes to these provisions regarding dispute resolution by providing notice in accordance with the section of the Terms entitled “Modifications”.

  1. Termination of Access

In the event that the customer does not pay the fees, costs, or any portion thereof, CSD may immediately suspend customer’s right to receive the Service that is subject to payment default and any other Service used by customer regardless as to whether the customer has or has not paid the fees or costs in relation to that other service. CSD may also terminate access to Services without prejudice to enforcement of any other legal right immediately upon giving written notice of such termination if the customer infringes on CSD intellectual property in a manner that breaches the section entitled “Limited Permission to Download” or if the customer breaches any other material provision of these Terms.

  1. Customer’s Obligations

In addition to the customer’s other obligations contained in these Terms, the customer will:

  • Institute such security procedures as the customer deems necessary to safeguard the account from unauthorized access and prevent the posting, uploading, or inclusion of any viruses.
  • Control and maintain the security of their account, identification codes, and passwords.
  • Be responsible for the accuracy, completeness, and adequacy of all information and content posted under their account.
  • Use the Services in accordance with these Terms.
  • Comply, at all times, with all applicable legal and regulatory requirements.
  1. Content and Comments by other Customers

At various locations on www.commonsensedivorce.ca, CSD may permit visitors, customers, or third-parties to post content and comments (“User Content”). CSD is not responsible for and does not necessarily hold the opinions expressed by third-party contributors. User Content is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed by CSD. You acknowledge that by providing you with the ability to view and/or distribute content through the site, CSD is not undertaking any obligation or liability with respect to the content. Notwithstanding the foregoing, CSD reserves the right to block or remove any User Content at any time in our sole discretion.

You are legally and ethically responsible for any User Content that you post or transmit using CSD Services that allow interaction or dissemination of information. In posting User Content, you agree that you will not submit any content:

  • That is known by you to be false, inaccurate, or misleading.
  • That infringes anyone’s copyright, patent, or trademark, or rights of publicity or privacy.
  • That violates any law, statute, ordinance, or regulation.
  • That is, or may reasonably be considered to be, defamatory, libellous, hateful, racially or religiously biased or offensive, threatening or harassing, or advocates illegal conduct or harm to anyone.
  • That contains any computer virus, worms, or other potentially damaging computer files.
  • That otherwise violates these Terms.

You grant CSD a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete, adapt, publish, translate, create derivative works from, sell, distribute, and/or incorporate any such User Content in any form, medium, or technology throughout the world without compensation to you.

  1. Unlawful or Prohibited Use

By using CSD Services, you accept sole responsibility that your use of or access to our Services does not violate any applicable laws in Ontario.

You may not hack www.commonsensedivorce.ca whether directly or through intermediaries such as spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds, or otherwise access or attempt to access any information CSD has not intentionally made available to you on its website. Your use of CSD does not entitle you to resell any CSD content without prior express written consent from CSD, as set out in the section entitled “Limited Permission to Download”.

  1. Disclaimer of Representations and Warranties

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

The website, Services, and all materials, documents, or forms provided on or through your use of the Services are provided on an “as is” basis and “as available” basis. To the fullest extent permitted by law, CSD expressly disclaims all warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

CSD MAKES NO WARRANTY THAT THE WEBSITE, SERVICES, OR MATERIALS WILL MEET YOUR REQUIREMENTS. CSD MAKES NO WARRANTY THAT THE WEBSITE, SERVICES, OR MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, OR ERROR-FREE BASIS. CSD MAKES NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, SERVICES, OR ANY MATERIALS OFFERED WILL BE ACCURATE OR RELIABLE. CSD MAKES NO WARRANTY THAT THE QUALITY OF ANY PRODUCTS, SERVICES, MATERIAL, OR INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE OR SERVICES, OR RELIANCE ON THE MATERIALS, WILL MEET YOUR EXPECTATIONS. INFORMATION RECEIVED VIA THE WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

OBTAINING ANY MATERIALS THROUGH THE USE OF CSD’S WEBSITE OR SERVICES IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. CSD SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT,  MATERIALS, OR INFORMATION.

  1. Limitation of Liability and Indemnification

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

EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL CSD, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, OR AGENTS (“CSD PARTIES") BE LIABLE TO YOU FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES INCURRED BY YOU OR ANY THIRD-PARTY THAT ARISE IN CONNECTION WITH THE WEBSITE, SERVICES, OR MATERIALS, EVEN IF CSD PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE CSD PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON THE WEBSITE, SERVICES, OR MATERIALS, FOR YOUR USE OF THE WEBSITE, SERVICES, OR MATERIALS, OR FOR THE CONDUCT OF THIRD-PARTIES WHETHER ON THE WEBSITE, IN CONNECTION WITH THE WEBSITE, SERVICES, OR MATERIALS, OR OTHERWISE RELATING TO THE WEBSITE, SERVICES, OR MATERIALS.

IF THERE IS LIABILITY FOUND ON THE PART OF CSD, IT WILL BE LIMITED TO THE AMOUNT PAID TO CSD BY YOU FOR THE SERVICES OR MATERIALS, EXCEPT AS ALLOWED PURSUANT TO THE SECTION ENTITLED “DISPUTE RESOLUTION BY MEDIATION AND BINDING ARBITRATION”.

On behalf of yourself and your heirs, executors, agents, representatives, and assigns, fully release, forever discharge, and hold CSD Parties harmless from any and all losses, damages, expenses, including reasonable lawyer’s fees, rights, claims, and actions of any kind and injury (including death) arising out of or relating to your use of the Services. You agree that this release has been freely and voluntarily consented to and you confirm that you fully understand what you are agreeing to.

You agree to indemnity CSD Parties from any and all losses, damages, expenses, including reasonable lawyer’s fees, rights, claims, actions of any kind, and injury (including death) arising out of third-party claims relating to your use of the Services, your violation of these Terms, or your violation of any rights of another.

  1. Force Majeure

Except for any obligation to make payments, any delay or failure of either you or CSD to perform its obligations under these Terms will be excused if, and to the extent that the delay or failure is caused by an event or occurrence beyond the reasonable control of the party and without its fault or negligence, such as, by way of example and not by way of limitation, acts of God, action by any governmental authority (whether valid or invalid), fires, flood, wind storms, explosions, riots, natural disasters, wars, terrorist acts, sabotage, labour problems (including lock-outs, strikes, and slowdowns), or court order injunction or order; provided that written notice of delay (including anticipated duration of the delay) must be given within 10 days of the affected Party first becoming aware of such event. In the event that the force majeure event lasts for 90 days or longer, either party will have the option to terminate these Terms upon written notice to the other and neither party will be liable to the other.

  1. Governing Law

These Terms will be governed by the law of Ontario.

  1. Entire Agreement

These Terms constitute the entire agreement between you and CSD with respect to the subject matter of these Terms, and supersede and replace any prior contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third-party beneficiary rights.

  1. Waiver, Severability, and Assignment

CSD’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is determined to be unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.

You may not assign any of your rights under these Terms, and any such attempt will be void. CSD may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

  1. Modifications

CSD may revise these Terms from time to time, and will always post the most current version on www.commonsensedivorce.ca. If a revision meaningfully reduces your rights, we will notify you. By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.