TBK is a divorce marketing and information service that provides resources, original content, referrals and personalized assistance to those thinking of divorce, moving forward with divorce or recently divorced. Via the TBK website and the support of our representatives, you can find options based on your divorce-related service needs and preferences and empower yourself to make informed decisions. Based on your needs and preferences and through the TBK Referral Service (defined below) and Concierge Service (defined below), TBK provides information about divorce service providers (“Network Partners”), and TBK may forward information you provide TBK to those Network Partners in order for Network Partners to deliver their services to you. Network Partners are selected by TBK and may pay a marketing fee to TBK. TBK also offers a free initial telephone consultation (“Consultation”) to you, if you should choose to register for the Consultation. The Consultation is limited in time and used to assess your current situation as it relates to divorce. To qualify for the consultation, you agree to complete the online form, provide factual information and agree to schedule the consultation. Your failure to provided factual information voids the free consultation offer. After proper Consultation registration, TBK attempts to contact you three (3) times in order to carry out the Consultation. If the Consultation cannot be carried out during one of the three (3) contact attempts, the free consultation offer is voided. Only one free consultation per person. After your Consultation you need to register or register and pay for TBK Services, which are described at http://thebigkaboom.com/pricing-form. When you register or pay for TBK services, you receive one of the following services: (1) referrals to Network Partners (“Referral Service”); or (2) personalized and knowledgeable divorce-related services assistance by telephone from an TBK representative assigned to you, in addition to referrals to Network Partners (“Concierge Service”). Referral and Concierge Services are available to you during TBK normal business hours. Concierge Service is paid for annually, with any renewal of taking place at the anniversary of your original payment for Concierge Service and at the then current Concierge Service pricing in effect. There is no cost to you for the Referral Service. Collectively Referral Service, Concierge Service, Consultation and other items described in this section constitute the TBK Divorce Services. You also understand and agree that the TBK Divorce Services may include advertisements and that these advertisements are necessary for TBK to provide TBK Divorce Services. You also understand and agree that TBK Divorce Services may include certain communications from TBK, such as service announcements, administrative messages and TBK Newsletter and BLOG, and that these communications are considered part of TBK Divorce Services and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current TBK Divorce Services shall be subject to the TOU. You understand and agree that TBK Divorce Services are provided “AS-IS” and that TBK assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any communications or personalization preferences. TBK Divorce Services are only provided in the Miami-Dade, Broward and Palm Beach counties, Florida.
The Network Partners are solely responsible for evaluating, accepting (or declining, as appropriate) and providing their services to you. Each Network Partner is responsible for the training of and acts and omissions of its employees, contractors, vendors, and any other individual who work in the provision of their services. Each Network Partner is responsible for the content of the information posted their website and in other materials presented to you. The Network Partner information does not represent the views of TBK or any individual associated with TBK, and we do not control a Network Partner’s content. Your correspondence or business dealings with, or participation in promotions of, advertisers and Network Partners found on or provided through TBK Divorce Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertisers and Network Partners. You agree that TBK shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings with advertisers on TBK website or Network Partners.
TBK Network Partners may include attorneys practicing in different areas of the law, such as: family, corporate, wills/trust and bankruptcy, among others. As with other Network Partners, Attorney Network Partners may pay a marketing fee to TBK for being a member of the TBK network. TBK is an attorney referral service registered with The State of Florida Bar.
TBK exercises no independent judgment as to the quality of, nor do we recommend or endorse, any Network Partner. TBK only provides an information service and does not (1) require that you contract with the services of a Network Partner; (2) perform any financial or legal assessment of you for the benefit of the Network Partners; or (3) participate in your final decision regarding the selection of Network Partners. TBK is not a representative of, nor an agent for you or the Network Partners and does not act on either’s behalf.
All information, materials and content on TBK website or provided through TBK Divorce Services is for informational purposes only and is not intended to replace or substitute for any professional, financial, legal or other advice. You should consult with an appropriately trained and licensed specialist for all concerns that require legal, financial or other professional advice. Our full disclaimer can be found at http://thebigkaboom.com/disclaimer.
In consideration of your use of TBK Divorce Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving TBK Divorce Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by any Consultation registration form or when requested by TBK representatives (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or TBK has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TBK has the right to suspend or terminate your use of TBK Divorce Services.
TBK reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, TBK Divorce Services (or any part thereof) with or without notice. You agree that TBK shall not be liable to you or to any third party for any modification, suspension or discontinuance of TBK Divorce Services (or any part thereof). TBK retains the sole right to: (1) limit the number of referrals to Network Partners; (2) refuse to provide you with referrals to Network Partners. It’s your responsibility to regularly review the TOU and any additional terms posted on TBK website. Any changes may be posted without notice and become effective when posted on the website.
Unless otherwise noted, all materials, including images, product and services names, illustrations, designs, icons, photographs, video clips, and other materials that form part of TBK website are copyrights, trademarks, trade names, service marks (“Marks”) and/or other intellectual properties owned, controlled or licensed by TBK. Without TBK’s prior, written permission, you agree not to display or use in any manner the Marks. No material from TBK website may be copied, reproduced, framed, hyperlinked, republished, uploaded, posted, transmitted, or distributed in any way, provided, however, you may download, where specifically permitted, one copy of the materials on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. You further acknowledge and agree that content contained in advertisements or information presented to you through TBK website, TBK Divorce Services, by advertisers or Network Partners is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
TBK Divorce Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that TBK is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that TBK shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
You agree to indemnify and hold TBK and its subsidiaries, affiliates, officers, agents, employees, partners, Network Partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by you or any third party due to or arising out of your use of TBK Divorce Services, your violation of the TOU or your violation of any rights of another.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. YOUR USE OF TBK SERVICES ARE AT YOUR SOLE RISK. TBK DIVORCE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TBK AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, NETWORK PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
B. TBK AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, NETWORK PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) TBK DIVORCE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) TBK DIVORCE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF TBK DIVORCE SERVICES WILL BE ACCURATE OR RELIABLE; AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH TBK DIVORCE SERVICES WILL MEET YOUR EXPECTATIONS.
C. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF TBK DIVORCE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TBK OR THROUGH OR FROM TBK DIVORCE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TBK AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, NETOWRK PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TBK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE TBK DIVORCE SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY TBK EMPLOYEE, AGENT,NETWORK PARTNER, AFFILIATE OR THIRD PARTY AACOCIATED WI TH THE PROVISION OF TBK DIVORCE SERVICE; OR (e) ANY OTHER MATTER RELATING TO TBK DIVORCE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABLITY MAY NOT APPLY TO YOU.
You agree that, except as otherwise expressly provided in this TOU, there shall be no third-party beneficiaries to this agreement.
Entire Agreement. The TOU constitutes the entire agreement between you and TBK and governs your use of TBK Divorce Services, superseding any prior version of this TOU between you and TBK with respect to TBK Divorce Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other TBK services, affiliate services, third-party content, third-party software or Network Partner services.
Choice of Law and Forum. You and TBK each agree that the TOU and the relationship between the parties shall be governed by the laws of the State of Florida without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOU, or the relationship between you and TBK, shall be brought exclusively in the courts located in the county of Miami-Dade, Florida. You and TBK agree to submit to the personal jurisdiction of the courts located within the county of Miami-Dade, Florida, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms. The failure of TBK to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of TBK Divorce Services or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOU are for convenience only and have no legal or contractual effect.