IT'S OVER EASY TERMS OF SERVICE
These Terms of Service (the “Terms”) govern your use of all websites and mobile applications
owned or operated by IOE Divorce Service, LLC (“OverEasy” “we” or
“us”), including the website located at www.itsovereasy.com
(the “Site”) and any other websites, applications, interactive features, widgets and resources
offered by OverEasy through Internet websites, mobile devices or other platforms
(all of which are collectively referred to as the “OverEasy Service” or
“Service”). Please read these Terms carefully. By using the OverEasy Service,
you affirm that you have read and understand, and agree to be bound by, these Terms. If you do not
agree to these Terms, you may not use the OverEasy Service.
Your use of certain portions of the Service may be subject to additional terms and conditions
("Additional Terms"). Where Additional Terms apply, we will make them available for you to
read through your use of that portion of the Service. By using that portion of the Service, you
agree to the Additional Terms.
OverEasy is not a law firm and your use of the Service does not and will not create
an attorney-client relationship between you and OverEasy. We do not provide legal
advice through the Service. The Service may facilitate access or introductions to an attorney or
other licensed professionals in various ways, including, for example, by providing you with their
contact information. These services will not create an attorney-client relationship between you
and OverEasy.
OverEasy is not a lawyer, law firm, lawyer directory, or a lawyer referral service.
OverEasy does not endorse or recommend any particular lawyer, or any other
professional, that is listed in the index. Lawyers and other professionals are listed in the index
for advertising purposes only.
Because your relationship to the law and the legal system is inherently personal, no general
information or technological tools like those that we provide will be appropriate for every
circumstance. If you need legal advice for your specific situation, you should consult a licensed
attorney in your area.
Also, because the law often changes and is different in different jurisdictions,
OverEasy does not guarantee that all of the information on the Site or Service is
current, complete, or accurate.
1. Your Responsibilities.
In order to access some features of the OverEasy Service, you must register to become
a member of the Service. When you register to become a member, OverEasy collects
certain personal information about you. Because the protection of your personal information is
important to us, we will only use information we obtain about you in accordance with
OverEasy’s Privacy Policy.
You agree that you will: (a) provide true, accurate, current and complete information when prompted
(e.g., at registration); and (b) maintain and update such information so that it is true, accurate,
current, and complete at all times. You are responsible for obtaining and maintaining any equipment
and services (e.g., mobile phone and wireless service) needed in order to access and use the
OverEasy Service and for paying all related charges.
As part of the set-up and registration process, you may be asked to select a username and password.
OverEasy may refuse to grant you a username or revoke your username for any reason in
its sole discretion, including in the event that we determine that such username impersonates someone
else, is illegal, vulgar or otherwise offensive, or is protected by trademark or other proprietary
rights law, or otherwise may cause confusion. You will be responsible for the confidentiality and
use of your username and password and agree not to transfer or resell your use of or access to the
Service to any third party. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR
USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
OVEREASY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE
TO ADEQUATELY SAFEGUARD YOUR PASSWORD OR FOR ANY ACTIONS OCCURRING UNDER YOUR PASSWORD.
We value the integrity of the OverEasy community. To protect this community, you
agree not to use the OverEasy Service to:
(a) violate any local, state, national or international law or regulation;
(b) transmit any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic,
obscene, libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable;
(c) transmit any material that you know to be false, inaccurate, or misleading;
(d) stalk, harass, bully, or harm another individual;
(e) transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam,
chain letters, pyramid schemes or any other form of solicitation;
(f) knowingly transmit any material that contains adware, malware, spyware, software viruses or any
other computer code, files or programs designed to interrupt, destroy or limit the functionality of
any computer software or hardware or telecommunications equipment;
(g) defeat or interfere with any security feature of the OverEasy Service, or
attempt to do so;
(h) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
(i) interfere with or disrupt the OverEasy Service or servers or networks connected
to the OverEasy Service, or disobey any requirements, procedures, policies or
regulations of networks connected to the OverEasy Service; or
(j) alter or modify any content or component of the OverEasy Service, other than
content you have posted using the OverEasy Service.
You further agree not to use or launch any automated system, including, without limitation,
“robots,” “spiders,” “offline readers” or the like, that access the OverEasy Service.
OverEasy reserves the right to revoke these exceptions either generally or in specific cases.
2. Ownership of OverEasy’s Content; Restrictions on Use.
The content on the OverEasy Service, other than “User Submissions” (as defined below),
including, without limitation, forms, photos, clips, videos, text, software, scripts, graphics,
sounds, music, interactive features and the like (collectively, the “Content”) and the
“OverEasy” word mark and the OverEasy design mark, as well as certain
other of the names, logos and materials displayed on or through the OverEasy Service
that constitute trademarks, tradenames, service marks or logos (the “Marks”) are owned by or
licensed to OverEasy and are subject to copyright, trademark, and other intellectual
property rights under U.S. and international laws. You agree not to reproduce, copy, download, stream,
capture, archive, upload, publish, broadcast, sell, resell, modify, translate, decompile, disassemble,
reverse engineer or exploit for any purposes the OverEasy Service or any portion of the
OverEasy Service, including, without limitation, the Content and the Marks, except as
authorized by these Terms or as otherwise intended or authorized by OverEasy and its
applicable licensors.
The OverEasy Service is provided for your personal, non-commercial use only, except
that if you are an attorney or other professional (a “Professional”), you may use the Service
and our Content as provided below. You must abide by all copyright notices, trademark notices,
information and restrictions contained in or associated with any Content. You must not remove, alter,
interfere with or circumvent any copyright, trademark or other proprietary notices marked on the
Content or any digital rights management mechanism, device or other content protection or access
control measure associated with the Content.
A Professional may use the OverEasy Service by registering in the name of a client.
A Professional must register a new account for each of its clients and may not use any client account
on behalf of any other client. By registering a new account on behalf of a client, Professional
represents and warrants that (a) it has all right, authority, and permission from the client to open
such account on client’s behalf and to provide OverEasy with the information,
including personal information, of the client necessary to use the Service and (b) the client has
been provided a copy of and agrees to these Terms and the Privacy Policy. OverEasy may
suspend or terminate a Professional’s access to the Service for any reason, including if it believes
that a Professional has violated any provision of this paragraph.
3. User Submissions.
The OverEasy Service may enable you to post and share textual comments, photos,
videos, clips and/or audio recordings, and other content in publicly accessible portions of the
OverEasy Service (collectively, the “User Submissions”).
When you post or provide OverEasy with a User Submission, you grant to
OverEasy and its affiliates, partners, representatives, and their successors and assigns,
a non-exclusive, fully-paid, royalty-free, transferable, worldwide license, with the right to grant
sublicenses through multiple tiers of sublicensees, to display, publicly perform, distribute
(including, without limitation, through third-party websites), store, transcode, broadcast, transmit,
reproduce, edit, modify, create derivative works and otherwise use and reuse your User Submissions
(or any portions or derivative works thereof) in any manner, in any medium now known or hereafter
created, for any purpose.
You acknowledge and agree that you have no expectation of confidentiality of any nature with respect
to any User Submissions. Because of the viral nature of social media, you should not submit any
content to the OverEasy Service that you do not want to be viewed by others.
OverEasy reserves the right to display advertisements in connection with, and/or based
upon, your User Submissions and otherwise in connection with the OverEasy Service.
You represent and warrant that: (a) you own all rights in your User Submissions or, alternatively,
you have acquired all necessary permissions and rights in your User Submissions to enable you to
grant to OverEasy the rights in your User Submissions described herein; and (b) your
User Submissions do not infringe the copyright, trademark, patent or other intellectual property
rights, privacy rights, publicity rights or any other legal or moral rights of any third party.
You acknowledge that OverEasy does not necessarily pre-screen any User Submissions
uploaded by you or other users of the OverEasy Service but that OverEasy
may pre-screen, or review after initial posting, your User Submissions for a variety of reasons,
including, without limitation, for compliance with these Terms. OverEasy shall have
the right in its sole discretion to refuse or remove any User Submissions as well as terminate your
access to the OverEasy Service for any reason or no reason. OverEasy
disclaims any and all liability in connection with any and all User Submissions, and you agree to
waive any legal or equitable rights or remedies you may have against OverEasy with
respect to such User Submissions.
4. Feedback.
You agree that OverEasy and its affiliates are free to use for any purpose whatsoever,
ideas, know-how, concepts, techniques, comments, criticisms, reports or other feedback
(“Feedback”), about the Site or the Services including Feedback that you send to
OverEasy or its affiliates. You acknowledge and agree that you have no expectation of
compensation or confidentiality of any nature, and that OverEasy has no duties to you
(including any duty to compensate you), with respect to such Feedback.
5. Infringement Notice Procedures – Copyrights and Trademarks.
5.1 Copyright Infringement Notification. OverEasy respects the intellectual property
rights of others. Upon proper notice, OverEasy will remove or disable access to User
Submissions that violate copyright law, and may suspend access to the OverEasy Service
(or any portion thereof) of any user who uses the OverEasy Service in violation of
copyright law and may terminate the accounts of repeat infringers.
OverEasy has implemented procedures for receiving written notification of claimed
copyright infringement (each, a “Notification”) and for processing such claims in accordance
with such law.
If you are the owner of any exclusive right under copyright laws, or are authorized to act on behalf
of such an owner, and you believe your work has been copied in a way that constitutes copyright
infringement, please send OverEasy‘s copyright agent a Notification of claimed
infringement with all of the following information: (a) identification of the copyrighted work
claimed to have been infringed, or, if multiple copyrighted works are covered by a single Notification,
a representative list of such works; (b) identification of the claimed infringing material and
information reasonably sufficient to permit OverEasy to locate the material on the
OverEasy Service; (c) information reasonably sufficient to permit OverEasy
to contact you, such as an address, telephone number, and, if available, an e-mail address; (d) a
statement by you that you have a good faith belief that the disputed use is not authorized by the
copyright owner, its agent or the law; (e) a statement by you, made under penalty of perjury, that
the above information in your Notification is accurate and that you are the copyright owner or
authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature.
Please provide us with a Notification that includes all of the above enumerated information and
e-mail or mail it to the following OverEasy copyright agent:
IOE Divorce Service, LLC
145 South Fairfax
Suite 300
Santa Monica, CA 90036
Attn: Copyright Agent
E-mail: intellectualproperty@[ItsOverEasy].com
By submitting a Notification, you acknowledge and agree that OverEasy may forward
your Notification and any related communications to any users who posted the material identified
in such notice.
Please do not send notices or inquiries unrelated to alleged infringement to
OverEasy’s designated agent.
5.2 Counter Notification. If you believe that your content has been wrongfully removed from the
OverEasy Service relating to a Notification, you may send OverEasy a
counter notification (“Counter Notification”). Your Counter Notification, to be effective, must be
in writing, sent to OverEasy’s designated agent (as identified above in Section 5.1,
and include substantially the following information: (a) your physical or electronic signature; (b)
identification of the material that has been removed or to which access has been disabled and the
location where the material previously appeared on the OverEasy Service; (c) a
statement under penalty of perjury that you have a good faith belief that the material was removed
or disabled as a result of mistake or misidentification of the material to be removed or disabled;
and (d) your name, address and telephone number and a statement that you consent to the jurisdiction
of the Federal District Court in the district in which your address is located (or in the Central
District of California, for addresses outside the U.S.) and agree to accept service of process from
the person who submitted the original Notification that resulted in your User Submission being
removed (or an agent of such person) in the event they elect to file suit.
By submitting a Counter Notification, you acknowledge and agree that OverEasy may
forward your Counter Notification and any related communications to the person who submitted the
original Notification that resulted in the removal of your User Submission or to other third parties.
6. Termination.
OverEasy reserves the right, in its sole discretion, to terminate your access to all
or part of the OverEasy Service, for any reason, with or without notice. FURTHER,
YOU AGREE THAT OVEREASY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR
REMOVING YOUR (OR ANY OTHER PERSON’S) USER SUBMISSIONS OR FEEDBACK OR SUSPENDING OR TERMINATING YOUR
(OR ANY OTHER PERSON’S) ACCESS TO THE OVEREASY SERVICE (OR ANY PORTION THEREOF).
7. Modifications to OverEasy Service.
OverEasy reserves the right to modify or discontinue the OverEasy
Service with or without notice to you. OverEasy shall not be liable to you or any
third party should OverEasy exercise its right to modify or discontinue the
OverEasy Service.
8. Links.
The OverEasy Service may contain links to third party websites, images, videos, gifs,
or other Internet resources that are not owned or controlled by OverEasy
(“Third-Party Materials”). OverEasy’s provision of a link to any other Third-Party
Materials is for your convenience only and does not signify OverEasy’s endorsement of
such other website or resource or its contents. OVEREASY SHALL HAVE NO
RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, INFORMATION, SOFTWARE, MATERIALS OR PRACTICES OF ANY
THIRD-PARTY INCLUDING ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE
OVEREASY SERVICE OR ANY LINKED WEBSITE OR FEATURED IN ANY ADVERTISING.
9. Disclaimer of Warranties.
YOU EXPRESSLY AGREE THAT USE OF THE OVEREASY SERVICE IS AT YOUR SOLE RISK.
THE OVEREASY SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO
THE FULLEST EXTENT PERMITTED BY LAW, OVEREASY AND ITS AFFILIATES EXPRESSLY
DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE
OVEREASY SERVICE (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT).
OverEasy and its affiliates make no warranties or representations that the Service
will meet your requirements or that the results that may be obtained from use of the Service will
be accurate or reliable. Further, OverEasy and its affiliates make no warranties or
representations about the availability of the OverEasy Service, the accuracy or
completeness of content available on or through the OverEasy Service, or the content
of any websites linked to the OverEasy Service. OverEasy assumes no
liability or responsibility for any: (a) errors, mistakes or inaccuracies of content or confidentiality;
(b) personal injury or property damage, of any nature whatsoever, resulting from access to or use of
the OverEasy Service or inability to access or use the OverEasy Service;
(c) unauthorized access to or use of our servers and/or any and all personal information and/or
financial information stored therein (including any and all User Submissions); (d) interruption or
cessation of transmission to or from the OverEasy Service; (e) any bugs, viruses,
Trojan horses or the like which may be transmitted to or through the OverEasy Service
by any third party; and/or (f) loss or damage of any kind incurred as a result of the use of any content
posted, e-mailed, transmitted or otherwise made available on or through the OverEasy Service.
10. LIMINATION OF LIABILITY.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL OVEREASY OR
ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE
LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY OR OTHERWISE) FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH
PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING
FROM YOUR (OR ANYONE USING YOUR ACCOUNT'S) USE OF THE OVEREASY SERVICE.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL OVEREASY OR
ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE
LIABLE TO YOU FOR DAMAGES EXCEEDING THE GREATER OF (A) $750.00 AND (B) THE AMOUNTS PAID BY YOU TO
OVEREASY DURING THE SIX-MONTH PERIOD IMMEDIATELY PRECEDING THE INCIDENT
GIVING RISE TO SUCH LIABILITY.
EXCEPT AS PERMITTED BY LAW, NOTHING IN THIS PARAGRAPH IS INTENDED TO MODIFY THE PROVISIONS OF
CALIFORNIA BUSINESS AND PROFESSIONS CODE SECTIONS 6400, ET SEQ.
11. Exclusions and Limitations.
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
and disclaimers may not apply to you. To the extent OverEasy may not, as a matter of
applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of
such warranty and the extent of OverEasy’s liability shall be the minimum permitted
under such applicable law.
12. Indemnification.
You agree to indemnify, defend, and hold harmless OverEasy, its subsidiaries,
affiliates, officers, directors, employees, consultants, and agents (“Indemnified Parties”) from and
against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable
attorneys' fees and costs) that they may incur as a result of or arising from: (a) any information
(including, without limitation, your User Submissions, Feedback or any other content) you submit,
post or transmit on or through the OverEasy Service or otherwise provide to us; (b)
your use of the OverEasy Service; (c) your violation of these Terms or any Additional
Terms; or (d) the violation of any rights of any other person or entity, including, without limitation,
any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity,
by you (or anyone using any of your accounts) or by your User Submissions. If you are a Professional,
you also agree to indemnify, defend, and hold harmless the Indemnified Parties from and against any
and all claims relating to or that may be asserted by your clients. OverEasy reserves
the right, at its own expense, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you, in which event you will cooperate with OverEasy
in asserting any available defenses.
13. Minors; Ability to Accept Terms of Service.
The OverEasy Service is not intended for children under 18 years of age. If you are
under 18 years of age, please do not use the OverEasy Service.
You affirm that you are the applicable age of majority in your jurisdiction of residence or older.
14. No Refunds.
All payments for the use of the OverEasy Service are 100% non-refundable once paid.
We understand that things happen, and that sometimes you and your spouse may decide to go another
direction, or reconcile once you’ve begun the divorce process. If you so choose, you will be able to
discontinue your use of the OverEasy Service at any time; however, given the nature
and low-cost of the OverEasy Service, we cannot provide refunds once you’ve started
your divorce using our platform.
15. Choice of Law; Arbitration.
These Terms, any Additional Terms, and any dispute arising from or relating to these Terms, the
Additional Terms or the provision or use of the Service, shall be governed exclusively by, and
construed in accordance with the laws of the United States and the State of California, without
reference to any conflict of laws principles. Any controversy, claim, or dispute arising out of or
related to these Terms (or the interpretation, performance, or breach of them), the Site or the
Services, including but not limited to alleged violations of state or federal statutory or common
law rights or duties (a “Dispute”) shall be solely and exclusively resolved according to the
procedures set forth in this paragraph. If we are unable to resolve any Dispute through informal
means, either party may initiate binding arbitration of such Dispute. The arbitration shall be
initiated and conducted according to the JAMS/Endispute Comprehensive Arbitration Rules and Procedures
in effect as of the date hereof, including the Optional Appeal Procedure provided for in such rules
(the “Arbitration Rules”). The arbitration shall be conducted in Los Angeles County, California
before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The arbitrator’s
decision shall be controlled by these Terms, including any applicable Additional Terms. No Disputes
may be arbitrated on a class or representative basis. Arbitration can decide only the individual
Dispute and the arbitrator may not consolidate or join the claims of other persons or parties who
may be similarly situated. BY ENTERING INTO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU
MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL
DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS MUST BE ASSERTED
INDIVIDUALLY. The arbitrator shall not have the power to award punitive damages against any party.
16. International Use.
We do not represent or warrant that the OverEasy Service, or any part of it, is
appropriate or available for use in any particular jurisdiction. You access the OverEasy
Service on your own initiative and at your own risk, and are responsible for complying with all local
laws, rules and regulations. We may limit the availability of OverEasy Service, in
whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our
sole discretion. In particular, the Service currently is not intended for use by residents of the
European Union.
17. Miscellaneous.
These Terms and any Additional Terms constitute the entire and exclusive and final statement of the
agreement between you and OverEasy, and govern your use of the OverEasy
Service. The failure of OverEasy to exercise or enforce any right or provision of
these Terms or any Additional Terms shall not constitute a waiver of such right or provision. If for
any reason any provision of these Terms or any Additional Terms is found to be unenforceable, that
provision shall be enforced to the maximum extent permissible to give effect to the intent of the
parties, and the remainder of these Terms and any Additional Terms shall continue in full force and
effect. The section titles in these Terms and any Additional Terms are for convenience only and
have no legal or contractual effect.
18. Modifications to Terms.
OverEasy may, in its sole and absolute discretion, change these Terms from time to
time. All changes to the Terms or the Privacy Policy will be effective when posted, and we will
provide notification of such changes to you via the Service or contact information you may have
provided to OverEasy upon registration. Your continued use of the Service following
any changes to the Terms or the Privacy Policy will constitute your agreement to be bound by such
changes. If you object to any such changes, your sole recourse shall be to cease using the
OverEasy Service.
19. Content.
This website may include “affiliate links,” wherein we receive a small commission if you make a
purchase using the link. However, all opinions are our own and we only endorse or link to products
and services we genuinely recommend.
The effective date of these Terms is May 13th, 2019.
