Terms of Service

Agreement To Termns

Your Agreement with Custody.mom

Welcome to Custody.mom. These Terms of Service (“Terms,” “Terms of Service,” or “Agreement”) constitute a legally binding agreement between you (“you,” “your,” or “User”) and Custody.mom (“we,” “us,” “our,” or “Company”) regarding your access to and use of the Custody.mom website (https://custody.mom) and all related services, features, and content (collectively, the “Services”).

Acceptance of Terms

BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS.

If you do not agree to these Terms, you may not access or use our Services.

Your acceptance means you:

• Have read and understood these Terms
• Agree to comply with these Terms
• Acknowledge you are legally bound by these Terms
• Accept all terms, conditions, and disclaimers contained herein
• Waive certain rights as described in these Terms

Additional Terms

Your use of our Services is also governed by:

• Our Privacy Policy (incorporated by reference)
• Any additional guidelines, rules, or policies posted on the website
• State and federal laws applicable to your use

In case of conflict between these Terms and other policies, these Terms control unless explicitly stated otherwise.

Legal Capacity

By using our Services, you represent and warrant that:

• You are at least 18 years of age
• You have the legal capacity to enter into binding contracts
• You are not prohibited from accessing the Services under applicable laws
• All information you provide is accurate and truthful

If you are under 18:

• Do not use our Services
• Do not provide any information to us
• Our Services are not intended for minors

Changes To Terms

Our Right to Modify These Terms

We reserve the right to modify, amend, or update these Terms at any time, for any reason, at our sole discretion.

Notice of Changes

For material changes, we will provide notice by:

• Posting the updated Terms on this page
• Updating the “Last Updated” date at the top
• Sending email notification (if we have your email)
• Displaying a prominent notice on our website
• Other reasonable means

For non-material changes:

• We will update the “Last Updated” date
• Post the revised Terms
• Continued use constitutes acceptance

Your Acceptance of Changes

Changes become effective:

• Immediately upon posting (for non-material changes)
• On the date specified in the notice (for material changes)
• After any required notice period

Continued use of our Services after changes constitutes your acceptance of the modified Terms.

If you do not agree to changes:

• Stop using our Services immediately
• Contact us to delete your information
• You are no longer authorized to use the Services

Responsibility to Review

You are responsible for:

• Regularly reviewing these Terms
• Checking the “Last Updated” date
• Understanding current Terms governing your use
• Staying informed of changes

We recommend checking this page periodically.

Who We Are And What Wedo

About Custody.mom

Custody.mom is an online platform that:

1. Provides educational information about child custody
2. Connects parents with licensed family law attorneys
3. Offers tools and resources for custody cases

Critical: What We Are Not

Custody.mom IS NOT:

NOT a Law Firm

• We do not practice law
• We do not provide legal services
• We do not represent clients
• We are not attorneys

NOT Legal Advisors

• We do not give legal advice
• We do not analyze your specific case
• We do not tell you what to do legally
• We do not predict legal outcomes

NOT a Referral Service (technically)

• We are a marketing platform for attorneys
• Attorneys pay to participate in our network
• We facilitate connections, not formal referrals
• We do not endorse specific attorneys

NOT Responsible for Attorneys

• Attorneys are independent professionals
• We do not employ attorneys
• We are not responsible for their conduct
• We do not control their services

NOT Providers of Professional Services

• We do not evaluate your case
• We do not represent you in court
• We do not prepare legal documents for filing
• We do not guarantee outcomes

What We Actually Do

✓ Educational Content:

• General information about custody laws
• Explanations of legal processes
• State-specific legal information
• Educational resources and tools

✓ Attorney Matching:

• Connect parents with attorneys
• Facilitate initial contact
• Provide attorney information
• Enable consultations

✓ Tools and Calculators:

• Child support estimators
• Document checklists
• Informational guides
• Planning templates

All content is for informational purposes only.

Eligibility And Account

Who Can Use Our Services

Eligibility Requirements:

You may use our Services only if you:

Prohibited Users:

Account Creation (If Applicable)

If we offer user accounts in the future:

Your Responsibilities:

• Provide accurate, complete information
• Maintain accuracy of account information
• Keep login credentials secure and confidential
• Notify us immediately of unauthorized access
• Be responsible for all activities under your account

We May:

• Suspend or terminate accounts violating Terms
• Refuse service to anyone
• Cancel accounts at our discretion
• Require identity verification

Use Of Services

License to Use

Limited License:

We grant you a limited, non-exclusive, non-transferable, revocable license to:

• Access and use our website
• View content on our website
• Use our attorney matching service
• Use our tools and calculators
• Download materials we expressly permit

This license is subject to:

• Your compliance with these Terms
• Your compliance with applicable laws
• Our right to revoke at any time
• Restrictions outlined in these Terms

Restrictions on Use

You may NOT:

Commercial Use:

• Use Services for commercial purposes without permission
• Resell or redistribute our content
• Create derivative works for commercial use

Reproduction:

• Copy, reproduce, or duplicate content without permission
• Mirror or frame our website
• Use content on other websites without authorization

Technical Interference:

• Use automated tools (bots, scrapers, spiders) without permission
• Attempt to access unauthorized areas
• Interfere with website functionality
• Circumvent security measures
• Overload our servers

Modification:

• Modify, adapt, or hack the website
• Reverse engineer any aspect of the Services
• Create derivative works without permission

Misrepresentation:

• Impersonate others
• Misrepresent affiliation with us
• Use fake identities
• Provide false information

Illegal Activities:

• Use Services for unlawful purposes
• Violate any applicable laws
• Infringe others’ rights
• Engage in fraudulent activities

Permitted Uses

You MAY:

Attorney Matching Service

How Our Attorney Connection Works

Service Description:

Our attorney matching service:

• Connects parents seeking custody attorneys
• Shares your information with selected attorneys (1-3)
• Facilitates initial contact
• Enables free consultations

How It Works

1. You Submit Request:

• Provide contact information
• Describe your case type
• Specify your location
• Submit request form

2. We Select Attorneys:

• Match based on location and case type
• Select 1-3 qualified attorneys
• Share your information with them

3. Attorneys Contact You:

• Attorneys review your information
• Interested attorneys reach out
• Usually within 24-48 hours

4. You Choose:

• Schedule consultations
• Evaluate attorneys
• Decide who (if anyone) to hire
• Completely your choice

Important Terms Regarding Attorney Matching

No Obligation:

• No obligation to hire any attorney
• No obligation to schedule consultations
• Can decline all contacts
• Free to search elsewhere

No Guarantees:

• We don’t guarantee attorneys will contact you
• We don’t guarantee attorney availability
• We don’t guarantee consultation scheduling
• We don’t guarantee case outcomes

Attorney Independence:

• Attorneys are independent professionals
• Not our employees or agents
• Have their own practices and policies
• Make their own decisions about representation

Screening Limitations:

• We verify attorney licensing
• We check basic credentials
• We cannot verify competence
• We cannot guarantee quality
• You must conduct your own due diligence

Your Relationship with Attorneys:

• Directly between you and attorney
• Governed by attorney’s terms and policies
• We are not a party to relationship
• We have no control over attorney services
• We are not responsible for attorney conduct

Attorney Fees:

• Determined by attorney, not us
• We do not receive portion of attorney fees
• Attorneys may offer free consultations
• You negotiate fees directly with attorney

Complaints About Attorneys:

• Report to state bar association
• File grievance with appropriate authority
• We are not the proper complaint recipient
• We may remove attorneys from network based on verified complaints

What We Do NOT Do

We Do NOT:

Your responsibility:

• Research attorneys independently
• Verify credentials with state bar
• Read attorney reviews
• Check for discipline history
• Evaluate qualifications
• Make informed decisions
• Trust your instincts

Educational Content And Disclaimer

About Our Content

Nature of Content:

All content on Custody.mom is:

• Educational and informational only
• General in nature
• Not tailored to your specific situation
• Not comprehensive or exhaustive
• Subject to change and updates
• Provided “as is”

Content Disclaimers

Critical Limitations:

1. Not Legal Advice

• Nothing on this website is legal advice
• Content does not create attorney-client relationship
• Information does not substitute for attorney consultation
• Do not rely on content as legal advice

2. Not Comprehensive

• Cannot cover all aspects of custody law
• Cannot address all scenarios
• Cannot account for all state variations
• Laws constantly change

3. Not State-Specific Legal Counsel

• State laws vary dramatically
• Local court rules differ
• Information may not apply to your jurisdiction
• Consult local attorney for state-specific advice

4. Not Current Legal Analysis

• Laws change after publication
• Courts issue new decisions
• Legislatures pass new statutes
• Information may become outdated

5. Not a Substitute for Professional Help

• Cannot replace attorney representation
• Cannot substitute for legal research
• Cannot replace custody evaluation
• Cannot replace expert consultation

No Warranty of Accuracy

We strive for accuracy, but:

• We cannot guarantee accuracy of all information
• Information may contain errors or omissions
• Laws change after content publication
• Different courts interpret laws differently
• Your situation may have unique factors

Your responsibility:

• Verify information independently
• Consult official legal sources
• Hire qualified attorney
• Do not rely solely on our content

Use at Your Own Risk

You acknowledge and agree that:

• You use content at your own risk
• You are responsible for your legal decisions
• We are not liable for reliance on content
• You must verify information independently
• You assume all risks of using information

No Attorney Client Relationship

Critical Legal Relationship Clarification

NO ATTORNEY-CLIENT RELATIONSHIP EXISTS

Using Custody.mom does NOT create an attorney-client relationship between you and:

• Custody.mom (we are not lawyers)
• Any attorney in our network (unless you formally hire them)
• Any person or entity affiliated with us

When Attorney-Client Relationship Forms

An attorney-client relationship is created ONLY when:

• You formally hire an attorney
• Attorney explicitly agrees to represent you
• Usually through written retainer agreement
• After consultation and mutual agreement

NOT created by:

Attorney-Client Privilege

Communications with Custody.mom are NOT privileged:

• Not protected by attorney-client privilege
• Not confidential legal communications
• May be disclosed if legally required
• Do not share sensitive details with us

Communications with attorneys:

• Once hired, communications generally privileged
• Governed by attorney’s confidentiality obligations
• Subject to exceptions (crime-fraud, etc.)
• Consult attorney about privilege scope

No Fiduciary Duty

We owe you no fiduciary duty:

• No duty of loyalty
• No duty of care beyond ordinary negligence
• No duty to prioritize your interests
• No special legal relationship

Not Legal Advice

Critical Legal Advice Disclaimer

NOTHING ON THIS WEBSITE CONSTITUTES LEGAL ADVICE

This cannot be emphasized enough.

What IS Legal Advice

Legal advice means:

• Analysis of your specific facts
• Application of law to your situation
• Recommendations for your particular case
• Predictions about your case outcome
• Strategic guidance for your circumstances
• Provided by licensed attorney
• Within attorney-client relationship

What We Provide (NOT Legal Advice)

We provide:

• General information about custody law
• Explanations of legal concepts
• Overview of legal processes
• Educational content
• State law summaries
• Connection to attorneys who CAN provide legal advice

This is:

• ✓ Legal information (general)
• ✓ Education
• ✓ Reference material
• ✓ Starting point for research

NOT:

The Difference Matters

Legal Information: “California law provides for joint legal custody in many cases.”

Legal Advice: “Based on your situation with your ex-husband’s drinking problem, you should request sole legal custody and here’s how to prove it.”

We provide the first. Attorneys provide the second.

You Need an Attorney

For actual legal advice, you must:

• Consult with licensed attorney
• Hire attorney to represent you
• Provide specific facts of your case
• Receive personalized legal guidance
• Establish attorney-client relationship

Use our attorney matching service to find one.

Limitation of Liability for Reliance

If you rely on our content as legal advice:

• You do so at your own risk
• We are not liable for consequences
• We have no duty to you
• You waive claims against us
• You assume all responsibility

Don’t do this. Hire an attorney.

User Conduct And Responsibilities

Your Obligations When Using Our Services

You agree to:

Lawful Use

• Use Services only for lawful purposes
• Comply with all applicable laws and regulations
• Not use Services to violate any laws
• Not use Services to infringe others’ rights
• Respect intellectual property rights

Truthful Information

• Provide accurate information
• Not provide false or misleading information
• Update information if it changes
• Not impersonate others
• Not use fake identities

Respectful Conduct

• Treat others with respect
• Not harass, threaten, or abuse anyone
• Not post offensive or harmful content
• Not engage in discriminatory behavior
• Not violate others’ privacy

Proper Use

• Use Services as intended
• Not interfere with Services’ operation
• Not attempt unauthorized access
• Not overload or damage our systems
• Not use automated tools without permission

Prohibited Conduct

You may NOT:

Illegal Activities:

• Use Services to commit crimes
• Engage in fraudulent activities
• Violate court orders
• Facilitate illegal conduct

Abusive Behavior:

• Harass or threaten others
• Post hateful or discriminatory content
• Engage in defamation
• Violate others’ privacy
• Stalk or intimidate

Misuse of Services:

• Submit false information
• Create multiple accounts to abuse Services
• Interfere with attorney matching
• Contact attorneys obtained through other means and misrepresent source
• Spam or send unsolicited communications

Technical Violations:

• Hack or attempt to hack Services
• Use bots or scrapers without permission
• Introduce malware or viruses
• Circumvent security measures
• Overload servers (DoS attacks)

Commercial Violations:

• Scrape content for competing services
• Use attorney information for competing service
• Resell our Services without authorization
• Use content commercially without permission

Intellectual Property Violations:

• Copy or reproduce content without permission
• Remove copyright notices
• Create derivative works without authorization
• Infringe our trademarks

Consequences of Violations

If you violate these Terms, we may:

• Terminate your access immediately
• Delete your information
• Block your IP address
• Report illegal activity to authorities
• Pursue legal remedies
• Seek damages and costs
• Ban you permanently

Intellectual Property Rights

Ownership of Content and Services

Custody.mom owns or licenses all content and Services.

Our Intellectual Property

We own all rights, title, and interest in:

Website Content:

• Articles and blog posts
• State law guides
• Process explanations
• Tool instructions
• Graphics and images
• Videos (if any)
• Downloadable materials

Website Design:

• Layout and design
• User interface
• Graphics and logos
• Color schemes
• Code and software

Trademarks:

• “Custody.mom” name
• Logo and branding
• Taglines and slogans
• Service marks

Tools and Features:

• Calculators
• Interactive features
• Search functionality
• Matching algorithms
• Website features

Database:

• Attorney information
• Content organization
• Data compilation

Copyright

All content is protected by:

• United States copyright law
• International copyright treaties
• Other intellectual property laws

Copyright Notice: © 2025 Custody.mom. All rights reserved.

Trademarks

“Custody.mom” and associated marks are trademarks owned by or licensed to us.

You may not:

• Use our trademarks without written permission
• Use marks in a way that creates confusion
• Use marks that suggest endorsement
• Register similar trademarks

Limited License to Users

We grant you limited license to:

• View content for personal use
• Print pages for personal reference
• Share links to our pages
• Use tools for personal purposes

You may NOT:

• Reproduce content commercially
• Distribute content without permission
• Modify or create derivatives
• Remove copyright notices
• Claim ownership of content

Fair Use

Nothing in these Terms prevents fair use as defined under copyright law. However:

• Fair use is narrow
• Most uses are not fair use
• Commercial use usually not fair use
• When in doubt, ask permission

DMCA Policy

If you believe content infringes your copyright:

Notification Requirements (17 U.S.C. § 512(c)):

1. Physical or electronic signature
2. Identification of copyrighted work
3. Identification of infringing material
4. Your contact information
5. Statement of good faith belief
6. Statement of accuracy under penalty of perjury
7. Authorization to act on behalf of owner

Send to: DMCA Agent Custody.mom Email: dmca@custody.mom

Counter-Notification: If we remove your content, you may file counter-notice under DMCA.

Repeat Infringer Policy

We will terminate accounts of repeat copyright infringers.

User Generated Content

If We Allow Comments or Reviews

If we implement commenting or review features in the future:

Your Content

If you post content (comments, reviews, etc.):

You grant us license:

• Non-exclusive, worldwide, royalty-free license
• To use, reproduce, modify, and display your content
• In connection with operating our Services
• To promote our Services
• In perpetuity

You represent and warrant:

• You own or have rights to content
• Content doesn’t infringe others’ rights
• Content is accurate (if stating facts)
• You have authority to grant license

Content Standards

Your content must:

• Be respectful and civil
• Be relevant to custody topics
• Comply with all laws
• Not violate others’ rights
• Be your own original content

Your content must NOT:

• Contain false statements
• Be defamatory or libelous
• Harass or threaten others
• Contain hate speech
• Violate privacy
• Infringe intellectual property
• Contain spam or advertising
• Be off-topic or irrelevant

Our Rights

We reserve the right to:

• Review content before posting (moderation)
• Remove any content at any time
• Remove content violating Terms
• Ban users who violate standards
• Edit content for length or clarity
• Not post content at our discretion

We have no obligation to:

• Monitor all content
• Remove specific content
• Restore removed content
• Provide reasons for removal

No Endorsement

User content does not represent our views:

• We don’t endorse user opinions
• We don’t verify user claims
• We don’t adopt user content
• Users are responsible for their content

Third Party Links And Services

Links to Other Websites

Our website contains links to third-party websites and services, including:

• Attorney websites
• Court websites
• Legal resources
• Government sites
• Social media platforms
• Advertising partners

No Control or Responsibility

We do NOT:

• Control third-party websites
• Endorse third-party content
• Review third-party sites
• Make representations about third parties
• Guarantee third-party accuracy
• Warrant third-party services

We are NOT responsible for:

• Third-party content
• Third-party privacy practices
• Third-party terms of service
• Third-party security
• Third-party availability
• Third-party products or services
• Damages from third-party sites

Your Use of Third-Party Sites

When you click a link to third-party site:

• You leave Custody.mom
• Their terms and privacy policies apply
• We have no control over what happens
• You assume all risks
• We are not liable for consequences

You should:

• Read their terms and privacy policy
• Understand their practices
• Exercise caution
• Protect your information

Attorney Websites

Special note about attorneys in our network:

• They are independent professionals
• They have their own websites and practices
• Their terms and privacy policies apply
• We are not responsible for their sites
• We don’t control their content or practices
• Verify their credentials independently

Linking to Our Site

You may link to our homepage without permission, provided:

• Link is not misleading or deceptive
• Does not suggest endorsement by us
• Does not damage our reputation
• Not from inappropriate website

You may NOT:

• Frame our website
• Deep link without permission
• Link from sites we find objectionable
• Imply affiliation without permission

Disclaimers And Warranties

IMPORTANT LEGAL DISCLAIMERS

READ CAREFULLY. THESE DISCLAIMERS LIMIT OUR LIABILITY.

Services Provided “AS IS”

OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND.

This means:

• No warranty of quality
• No warranty of accuracy
• No warranty of reliability
• No warranty of availability
• No warranty of fitness for purpose
• No warranty of merchantability

Specific Disclaimers

WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:

1. Accuracy and Completeness

• We don’t warrant information is accurate
• We don’t warrant information is complete
• We don’t warrant information is current
• Content may contain errors or omissions
• Laws change after publication

2. Availability and Reliability

• We don’t warrant uninterrupted access
• We don’t warrant error-free operation
• Services may be unavailable
• Technical issues may occur
• We may suspend Services

3. Attorney Quality

• We don’t warrant attorney competence
• We don’t warrant attorney ethics
• We don’t warrant attorney performance
• We don’t warrant case outcomes
• Attorneys are independent professionals

4. Results

• We don’t guarantee any results
• We don’t predict case outcomes
• We don’t warrant success
• Many factors affect custody cases
• Outcomes vary by circumstances

5. Security

• We don’t warrant absolute security
• Data breaches may occur
• Internet transmission is not secure
• Unauthorized access is possible
• You use Services at your own risk

6. Third Parties

• We don’t control third-party sites
• We don’t warrant third-party services
• We don’t endorse third-party content
• Third parties are independent

7. Content

• Content is general information only
• Not tailored to your situation
• Not legal advice
• Not comprehensive
• May not apply to you

No Professional Advice

WE DO NOT PROVIDE:

• Legal advice
• Professional services
• Counseling or therapy
• Financial advice
• Medical advice
• Any professional services requiring licensure

DO NOT RELY on our content as professional advice.

Your Assumption of Risk

BY USING OUR SERVICES, YOU AGREE:

• You use Services at your own risk
• You assume all risks of use
• You are responsible for consequences
• We are not liable for your decisions
• You waive certain claims (see Limitation of Liability)

Some Jurisdictions Don’t Allow Disclaimer

Some jurisdictions don’t allow disclaimer of implied warranties. In those jurisdictions, disclaimers limited to extent permitted by law.

Limitation Of Liability

LIMITS ON OUR LIABILITY TO YOU

READ CAREFULLY. THIS SECTION LIMITS WHAT YOU CAN RECOVER FROM US.

No Liability for Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CUSTODY.MOM AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY:

Direct Damages:

• Actual losses
• Out-of-pocket expenses
• Verifiable costs

Indirect Damages:

• Lost profits
• Lost revenue
• Lost business opportunities
• Lost data
• Lost goodwill

Consequential Damages:

• Future losses
• Losses from third-party actions
• Downstream consequences

Incidental Damages:

• Additional expenses incurred
• Mitigation costs

Special Damages:

• Unusual or specific losses
• Damages requiring special proof

Punitive Damages:

• Punishment damages
• Exemplary damages

Personal Injury:

• Emotional distress
• Pain and suffering
• Mental anguish

Specific Limitations

WE ARE NOT LIABLE FOR DAMAGES ARISING FROM:

Use of Services:

• Accessing or using our website
• Inability to access Services
• Reliance on content
• Use of tools or calculators
• Attorney matching service

Content Issues:

• Inaccurate information
• Outdated information
• Incomplete information
• Errors or omissions
• Content not applying to your situation

Attorney Issues:

• Attorney performance or conduct
• Attorney malpractice
• Fees charged by attorneys
• Results of legal representation
• Attorney-client disputes

Technical Issues:

• Service interruptions
• Data loss
• Security breaches
• Hacking or unauthorized access
• Technical failures

Third Parties:

• Third-party websites
• Third-party content
• Third-party actions
• Links to other sites

Legal Outcomes:

• Custody determinations
• Court decisions
• Case results
• Legal consequences of your actions

Cap on Liability

IF WE ARE FOUND LIABLE DESPITE THESE LIMITATIONS:

Our total liability to you shall not exceed the greater of:

1. $100 (One Hundred Dollars), or
2. Amount you paid us in past 12 months (which is $0 if you used free services)

This cap applies regardless of:

• Legal theory (contract, tort, negligence, strict liability, etc.)
• Whether we were advised of possibility of damages
• Number of claims
• Whether remedies fail of essential purpose

Basis of the Bargain

These limitations are essential to our agreement:

• We provide free Services to users
• We cannot provide free Services without these protections
• These limitations are part of the bargain
• You accept these limitations in exchange for free access

Exceptions

These limitations don’t apply to:

• Damages caused by our gross negligence or willful misconduct (where allowed by law)
• Death or personal injury caused by our negligence (where prohibited by law)
• Fraud or fraudulent misrepresentation
• Other liabilities that cannot be limited under applicable law

Some Jurisdictions Don’t Allow Limitation

Some jurisdictions don’t allow limitation of liability for certain damages. In those jurisdictions, limitations apply to extent permitted by law.

Allocation of Risk

You acknowledge and agree:

• These limitations allocate risks between us
• Allocation is reasonable
• You would not use Services without these limitations
• These limitations are fundamental to our relationship

Indemnification

Your Agreement to Protect Us

You agree to indemnify, defend, and hold harmless Custody.mom and its officers, directors, employees, agents, affiliates, and partners from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to:

What You Indemnify Us For

1. Your Use of Services

• Your access to or use of our website
• Your violation of these Terms
• Your violation of any laws
• Your negligence or willful misconduct

2. Your Content

• Content you post or submit
• Infringement claims related to your content
• Defamation claims from your content
• Privacy violations from your content

3. Your Information

• Information you provide to us
• False or misleading information
• Information provided to attorneys
• Misrepresentation of facts

4. Third-Party Claims

• Claims by other users
• Claims by attorneys
• Claims by third parties affected by your actions
• Claims arising from your conduct

5. Violations

• Intellectual property infringement
• Privacy violations
• Defamation or libel
• Fraud or misrepresentation
• Other legal violations

Scope of Indemnification

You will:

• Defend us against claims (at your expense)
• Pay settlements and judgments
• Reimburse our attorneys’ fees and costs
• Cooperate in defense of claims
• Not settle without our consent

We reserve right to:

• Assume exclusive defense and control
• Require you to cooperate
• Settle on terms we choose
• Hire our own counsel (at your expense)

Survival

This indemnification obligation survives:

• Termination of your use
• Termination of these Terms
• Closing of your account (if applicable)
• Indefinitely for past actions

Privacy

Protection of Your Information

Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using our Services, you agree to:

• Our collection of information as described in Privacy Policy
• Our use of information as described in Privacy Policy
• Our disclosure of information as described in Privacy Policy

Please review our Privacy Policy: Privacy Policy

Key Privacy Points

We collect:

• Information you provide (name, contact info, case details)
• Information collected automatically (usage data, cookies)
• Information from third parties (attorneys, analytics)

We use information to:

• Provide attorney matching services
• Improve our website
• Communicate with you
• Comply with legal obligations

We share information with:

• Attorneys you request (1-3)
• Service providers
• As required by law
• NOT sold to third parties

Your rights:

• Access your information
• Correct inaccurate information
• Delete your information
• Opt-out of marketing
• Additional rights by jurisdiction

For complete details, see Privacy Policy.

Communicatios

How We Communicate with You

By using our Services, you consent to receive communications from us.

Types of Communications

Service-Related Communications:

• Attorney match confirmations
• Important updates about Services
• Security alerts
• Responses to your inquiries
• Changes to Terms or Privacy Policy
• Account notifications (if accounts exist)

These are NOT marketing and cannot be opted out of while using Services.

Marketing Communications:

If we offer newsletter or marketing emails:

• You can opt-out using unsubscribe link
• We will honor opt-out within 10 business days
• We will not send marketing after opt-out
• Service communications continue

Methods of Communication

We may communicate via:

• Email (to address you provided)
• Website notices or banners
• In-app messages (if applicable)
• SMS/text (with your consent)
• Phone (for customer service)

Your Communications to Us

When you contact us:

• Provide accurate information
• Be respectful and professional
• Use appropriate channels
• Don’t send confidential legal information (no attorney-client privilege)

Electronic Signatures and Agreements

By clicking “I Agree,” submitting forms, or using Services:

• You agree to these Terms electronically
• Electronic signatures are valid and enforceable
• You consent to doing business electronically
• You can request paper copies (may incur fees)

Prohibited Uses

What You Cannot Do

In addition to restrictions mentioned elsewhere, you specifically agree NOT to:

Content Violations

• Post false, misleading, or inaccurate information
• Post defamatory, libelous, or slanderous content
• Post content that violates others’ privacy
• Post content infringing intellectual property
• Post spam or unsolicited advertisements
• Post malicious code or viruses
• Post content that is illegal

Conduct Violations

• Harass, threaten, or abuse others
• Impersonate others or misrepresent affiliation
• Engage in fraudulent activities
• Violate any applicable laws
• Interfere with others’ use of Services
• Collect others’ information without consent
• Stalk or otherwise harass individuals

Technical Violations

• Use automated tools (bots, scrapers) without permission
• Attempt unauthorized access to Services
• Introduce malware, viruses, or harmful code
• Overload or attempt to crash servers
• Circumvent security measures
• Reverse engineer our software
• Interfere with Services’ operation

Business Violations

• Use Services to compete with us
• Use attorney information for competing service
• Resell or redistribute our content
• Create derivative works commercially
• Use content outside scope of license
• Remove copyright or proprietary notices

Attorney Matching Violations

• Submit false information in attorney requests
• Create multiple requests to spam attorneys
• Harass attorneys who contact you
• Misuse attorney contact information
• Violate attorneys’ rights or policies

Consequences

Violation of prohibited uses may result in:

• Immediate termination of access
• Deletion of your information
• IP address blocking
• Legal action
• Cooperation with law enforcement
• Civil or criminal penalties
• Liability for damages

Termination

Ending Your Use of Our Services

Either party may terminate this agreement.

Your Right to Terminate

You may stop using our Services at any time:

• Simply stop accessing the website
• Request deletion of your information
• No penalty for stopping use

Our Right to Terminate

We may terminate or suspend your access immediately, without prior notice or liability, for any reason, including:

With Cause:

• Violation of these Terms
• Violation of applicable laws
• Fraudulent or illegal conduct
• Abuse of Services
• Harassment of others
• Repeated complaints
• Prohibited uses

Without Cause:

• At our sole discretion
• For business reasons
• For any reason or no reason
• Without explanation required

Effect of Termination

Upon termination:

• Your right to use Services ends immediately
• All licenses granted to you terminate
• You must cease all use of Services
• You must delete any downloaded materials
• Obligations survive that should survive

Survival

These provisions survive termination:

• Disclaimers and limitations of liability
• Indemnification obligations
• Intellectual property provisions
• Dispute resolution provisions
• Any other provisions that by nature should survive

No Refunds

Since Services are free to users, no refunds are applicable.

If you paid for any premium services (future features):

• Refund policy stated at time of purchase
• Generally no refunds after termination for cause

Dispute Resolution And Arbitration

IMPORTANT: HOW DISPUTES ARE RESOLVED

READ CAREFULLY. THIS SECTION AFFECTS YOUR LEGAL RIGHTS.

Informal Dispute Resolution

Before filing any formal dispute, you agree to:

1. Contact us at disputes@custody.mom
2. Describe the dispute in detail
3. Provide your contact information
4. Allow 60 days for good-faith resolution attempt

We agree to:

• Respond within 30 days
• Make good-faith effort to resolve
• Discuss reasonable resolutions

Most disputes can be resolved informally.

Binding Arbitration

AGREEMENT TO ARBITRATE:

You and Custody.mom agree that any dispute, claim, or controversy arising out of or relating to these Terms or Services shall be resolved through binding arbitration, rather than in court, except as noted below.

Arbitration Rules

Arbitration conducted under:

• American Arbitration Association (AAA) rules
• Consumer Arbitration Rules
• Available at www.adr.org

Arbitrator:

• Single neutral arbitrator
• Selected per AAA rules
• Must be licensed attorney
• Experienced in internet/technology disputes

Location:

• Your county of residence, or
• Mutually agreed location, or
• Via telephone/video conference

Arbitration Procedures

Filing:

• File with AAA per their rules
• Copy notice to other party
• Pay AAA filing fees (subject to fee waiver provisions)

Discovery:

• Limited discovery as arbitrator permits
• Proportional to stakes
• Preserves arbitration efficiency

Hearing:

• Arbitrator decides whether hearing necessary
• May be in person, by phone, or video
• Conducted per AAA rules

Decision:

• Arbitrator issues written decision
• Includes factual findings and legal conclusions
• Final and binding
• Enforceable in court
• Limited grounds for appeal

Arbitration Costs

AAA Fees:

• We pay AAA administrative fees
• You pay consumer filing fee ($200-$250 typically)
• Fee waiver available for hardship

Attorney Fees:

• Each party pays own attorney fees
• Unless applicable law requires otherwise
• Arbitrator may award fees to prevailing party per law

Exceptions to Arbitration

These disputes may be brought in court:

Small Claims Court:

• Claims within small claims court jurisdiction
• In your county of residence
• If meets small claims requirements

Injunctive Relief:

• Claims for injunctive or equitable relief
• To stop unauthorized use of intellectual property
• To prevent ongoing harm

Intellectual Property:

• Claims related to intellectual property infringement
• Copyright, trademark, trade secret claims

Class Action Waiver

IMPORTANT CLASS ACTION WAIVER:

YOU AND CUSTODY.MOM AGREE:

• Disputes resolved on individual basis only
• No class actions permitted
• No class arbitrations permitted
• No representative actions
• No consolidation with other disputes

You may not:

• Bring class action lawsuit
• Participate in class action
• Act as class representative
• Join claims with others (except as AAA rules permit for related parties)

This waiver applies to arbitration and court proceedings.

If class action waiver unenforceable:

• Arbitration clause doesn’t apply to that dispute
• That dispute may proceed in court
• Other provisions remain in effect

Opt-Out of Arbitration

You may opt-out of arbitration within 30 days:

To opt-out:

1. Send written notice within 30 days of first accepting Terms
2. Email: optout@custody.mom
3. Subject: “Arbitration Opt-Out”
4. Include: Your name, address, email, date of first use
5. Statement: “I opt-out of the arbitration agreement”

If you opt-out:

• Arbitration clause doesn’t apply to you
• Disputes resolved in court
• All other Terms still apply

If you don’t opt-out within 30 days, you agree to arbitration.

Severability of Arbitration Provisions

If any part of this arbitration section is found invalid:

• That part severed
• Remainder remains in effect
• Except: if class action waiver invalid, entire arbitration clause void

Changes to Arbitration Terms

If we change arbitration terms:

• Changes don’t apply to pending disputes
• You may opt-out of changes within 30 days
• Continued use after 30 days means acceptance

Governing Law And Jurisdiction

Legal Framework

These Terms governed by and construed in accordance with the laws of the State of [Your State], without regard to its conflict of law provisions.

Jurisdiction and Venue

For disputes not subject to arbitration:

Exclusive Jurisdiction:

• State and federal courts located in [Your County, State]
• You consent to personal jurisdiction there
• You waive objections to venue

You agree:

• Not to bring actions in other jurisdictions
• Not to object to jurisdiction or venue
• To submit to courts’ jurisdiction

Waiver of Jury Trial

YOU AND CUSTODY.MOM WAIVE RIGHT TO JURY TRIAL in any court proceeding between us.

Statute of Limitations

Any claim must be filed within 1 year:

• Starts from when claim arose
• Or when you discovered or should have discovered claim
• Claims after 1 year are barred

This limitation applies to maximum extent permitted by law.

International Users

If accessing from outside United States:

• You access at your own risk
• You are responsible for compliance with local laws
• These Terms governed by [State] law regardless of your location
• We make no claims Services appropriate outside U.S.

Miscellaneous Provisions

Additional Legal Terms

Entire Agreement

These Terms, Privacy Policy, and any other policies incorporated by reference constitute the entire agreement between you and Custody.mom regarding use of Services.

Supersedes:

• All prior agreements
• All prior understandings
• All prior communications
• Written or oral
• Related to subject matter

Severability

If any provision found invalid or unenforceable:

• That provision modified to make enforceable
• Or severed if cannot be modified
• Remaining provisions remain in full effect
• Intent of parties preserved

Waiver

Our failure to enforce any provision does not waive:

• Our right to enforce later
• Our right to enforce other provisions
• Any of our rights

Any waiver must be:

• In writing
• Signed by authorized representative
• Specific to situation

No waiver of one breach waives future breaches.

Assignment

You may not assign or transfer:

• These Terms
• Your rights or obligations
• Without our written consent

We may assign:

• These Terms
• Our rights and obligations
• Without your consent
• To affiliates, successors, or acquirers

Third-Party Beneficiaries

No third-party beneficiaries:

• Only you and Custody.mom have rights under these Terms
• No other person or entity has rights
• Attorneys are not third-party beneficiaries

Exception:

• Our officers, directors, employees, agents, and affiliates are third-party beneficiaries of limitations of liability and indemnification

Notices

Notices to you:

• Via email to address you provided
• Via posting on website
• Effective when sent or posted

Notices to us:

• Email: legal@custody.mom
• Effective when received

Force Majeure

We are not liable for failure to perform due to:

• Acts of God
• Natural disasters
• War or terrorism
• Labor disputes
• Government actions
• Internet failures
• Technical failures beyond our control
• Other circumstances beyond reasonable control

Relationship of Parties

These Terms do not create:

• Partnership
• Joint venture
• Employment relationship
• Agency relationship
• Franchise
• Fiduciary relationship

You and Custody.mom are independent contractors.

Headings

Section headings are for convenience only:

• Not part of Terms
• Don’t affect interpretation
• Not legally binding

Interpretation

In interpreting Terms:

• “Including” means “including but not limited to”
• Singular includes plural and vice versa
• “Or” is not exclusive
• Examples are illustrative, not limiting

Language

These Terms are in English:

• English version controls
• If translated, English version prevails in conflicts
• You agree to be bound by English version

Electronic Communications

You consent to:

• Electronic communications
• Electronic signatures
• Electronic agreements
• Doing business electronically

Electronic records admissible as evidence.

Export Control

You agree:

• Services subject to U.S. export controls
• You will not export or re-export
• You are not in prohibited country
• You are not on denied persons list
• You will comply with export laws

U.S. Government Rights

If you’re U.S. Government entity:

• Services are “Commercial Items”
• Licensed with Restricted Rights
• Per DFARS 227.7202 and FAR 12.212

Taxes

You responsible for:

• All taxes associated with your use
• State and local taxes
• Federal taxes
• VAT or GST if applicable

No Support

We have no obligation to:

• Provide customer support
• Maintain Services
• Update content
• Fix bugs or errors

Any support provided is discretionary.

Availability

We do not guarantee:

• Services will always be available
• Uninterrupted access
• Error-free operation
• That defects will be corrected