Disclaimer: Blueprint Divorce and Residential (BDAR) is not a substitute for the advice of your own attorney. BDAR provides general guidance about the divorce process and access to divorce forms. BDAR’s guidance is general and is not tailored to any specific clients as our mediators, some of whom may be attorneys, do not establish an attorney client relationship with with either party. In the event you decide to utilize BDAR’s services as an attorney guided platform, both spouses must waive any potential conflict arising from using these services. Otherwise, BDAR cannot give you any specific advice, opinions or recommendations as to your selection or completion of forms or your particular legal rights, remedies or options. You may be able to download blank forms from a government website depending on your state. Communications between you and Online Divorce are governed by our privacy policy but neither your nor your spouse are covered by an attorney-client or work product privileges. Your access to Blueprint Divorce and Residential’s website is subject to and governed by these terms and conditions.
1. By agreeing to use BDAR’s services, I explicitly state my understanding that Blueprint Divorce and Residential is not a law firm. I understand that employees of BDAR may or may not perform services performed by an attorney, and their guidance is not the substitute for the advice of getting your own attorney.
2. I am representing myself in this matter. By agreeing to use BDAR’s services I state that both I and my spouse are representing ourselves in this legal matter. No attorney-client relationship or privilege is created with any representative or employee of BDAR.
3. I will not accept advice if it is legal in nature. If, at any point, I believe that BDAR gave me or my spouse any legal advice, opinion or recommendation about our legal rights, remedies, defenses, options, selection of forms or strategies, I agree not proceed the company and its services.
4. I agree to arbitration to settle disputes. I understand that these Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to me in the event of a dispute as described in the Blueprint Divorce and Residential Arbitration Agreement.
5. I agree I am responsible for my own dissolution paperwork. I understand that the Blueprint Divorce and Residential review of my answers is limited to completeness, spelling, and for consistency of names, addresses, and other input by me. I understand that it’s my responsibility to will read the final document(s) before signing it and agree to be solely responsible for the final document(s).
6. Limitation of Liability and Indemnification. Except as prohibited by law, I will hold Blueprint Divorce and Residential and its officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage, however it arises (including attorneys’ fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with this agreement, including without limitation any claim for personal injury or property damage, arising from this agreement and any violation by me of any federal, state, or local laws, statutes, rules, or regulations, even if Blueprint Divorce and Residential has been previously advised of the possibility of such damage. except as prohibited by law, if there is liability found on the part of Blueprint Divorce and Residential, it will be limited to the commission paid to the brokerage for the sale of the marital home and under no circumstances will there be consequential or punitive damages.
7. Separation of Real Estate Brokerage from Blueprint Divorce and Residential: from Claims arising from Blueprint Divorce and Residential’s involvement in the dissolution of my marriage. I understand that Blueprint Divorce and Residential’s services is a separate legal entity from any brokerage which handles the sale of my home. I expressly waive and limit any legal cause of action I may have against the real estate brokerage for any potential liability incurred in connection to the dissolution of my marriage. I agree that any legal claim that may arise in connection with the dissolution of my marriage will be adjudicated in connection with Blueprint Divorce and Residential exclusively. I hold any residential real estate brokerage harmless for any claims arising from the dissolution of my marriage.
8. Terms of Use. I understand that the Site’s general terms of use (the “Terms of Use”) also apply to these Terms of Service and in agreeing to these Terms of Service, I acknowledge that I have read and agree to those Terms of Use, which are incorporated herein by reference.
9. Valid Listing Contract. I understand that the sale of my marital home has its own legal consequences and that upon agreeing to use Blueprint Divorce and Residential’s services, I am singing an enforceable contract to list my marital home. My spouse and I explicitly agree that in the event we do not reach agreement on all terms of our divorce and we are forced into litigation with each other, Blueprint Divorce and Residential and its brokers and brokerage will still have the contract to list the home. Both parties expressly agree to use Blueprint Divorce and Residential brokers and affiliated brokerage to list the home even if issues related to the dissolution of their marriage remain unsettled and the parties foresee a court resolution of their dissolution.
10. Reconciliation and Abandonment. I understand that as part of the agreement to use Blueprint Divorce and Residential services, Blueprint Divorce and Residential will incur fees on my behalf. Those fees include paying for mediation services and the cost of the divorce filing. In the event my spouse and I reconcile, Blueprint Divorce and Residential will cancel the listing contract in exchange for prepayment of costs incurred. In the event the parties either do not pay for those services or cannot pay, Blueprint Divorce and Residential shall have the right to file an attorneys lien on the marital home for payment at a later date. Both parties acknowledge that Blueprint Divorce and Residential is out of pocket time and money for undertaking the work and both parties fully intend to complete the order. Abandoned orders will result in liquidated damages equal to the amount paid to Blueprint Divorce and Residential for reimbursement of our commitment to service this order.
11. DISPUTE RESOLUTION BY BINDING ARBITRATION.
Please read this carefully. It affects your rights.
Summary:
The Parties agree that any and all claims, controversies, breaches or disputes arising from or related to this Agreement, including those pertaining to the formation, construction, performance, applicability, interpretation, or enforceability of this Agreement, or any claim or assertion that all or part of this Agreement is void or voidable, shall be settled by binding arbitration according to the procedures of Colorado Mediators & Arbitrators™ |COMA. The Federal Arbitration Act shall govern the interpretation, enforcement and proceedings pursuant to the arbitration clause in this agreement. The arbitrator may consider the testimony and evidence presented by the parties through any or all of the following types of hearings: documentary hearing, teleconference hearing, or through a standard scheduled hearing physically-attended by the parties and legal counsel if any. Any standard arbitration hearing that requires the parties physical presence shall be held in [city, state]. The Parties also agree that any award tendered by the arbitrator may be entered as a judgment in the United States court in and for the district within which such award was made and enforceable as an order of said court and the Parties hereby submit to the venue and jurisdiction of that court for purposes of enforcement of any arbitration award. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted.
You may speak with independent counsel before using this site or engaging Blueprint Divorce and Residential
Arbitration Agreement:
(a) Blueprint Divorce and Residential and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to:
- claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory;
- claims that arose before these or any prior Terms (including, but not limited to, claims relating to advertising);
- claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
- claims that may arise after the termination of these Terms.
For the purposes of this Arbitration Agreement, references to “Blueprint Divorce and Residential,” “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us.
Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and Blueprint Divorce and Residential are each waiving the right to a trial by jury or to participate in a class action. These Terms evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms.
(b) A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute (“Notice”) to the other party. The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought (“Demand”). If Blueprint Divorce and Residential and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Blueprint Divorce and Residential may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Blueprint Divorce and Residential or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Blueprint Divorce and Residential is entitled.
(c) After Blueprint Divorce and Residential receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than $75,000. (Currently, the filing fee for consumer-initiated arbitrations is $200, but this is subject to change by the arbitration provider. If you are unable to pay this fee, Online Blueprint Divorce and Residential will pay it directly after receiving a written request at the Notice Address.) The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) of the American Arbitration Association (the “AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator is bound by these Terms. All issues are for the arbitrator to decide, except that issues relating to the scope, enforceability, and interpretation of the arbitration provision and the scope, enforceability, and interpretation of paragraph (f) are for the court to decide. Unless Online Blueprint Divorce and Residential and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your contact address. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If you choose to proceed either in person or by telephone, we may choose to respond only by telephone or submission. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right to a hearing. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings of fact and conclusions of law on which the award is based. The parties agree that in any arbitration of a dispute or claim, neither party will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which Blueprint Divorce and Residential was a party. Except as otherwise provided for herein, Online Divorce Technology LLC will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse Blueprint Divorce and Residential for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek relief valued at more than $75,000 (excluding attorney’s fees and expenses), the payment of these fees will be governed by the AAA rules.
(d) If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of Blueprint Divorce and Residential last written settlement offer made before an arbitrator was selected, then Blueprint Divorce and residential will:
- pay you either the amount of the award or $2,000 (“the alternative payment”), whichever is greater; and
- pay your attorney, if any, the amount of attorney’s fees, and reimburse any expenses (including expert witness fees and costs), that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration (the “attorney’s payment”).
If Blueprint Divorce and Residential did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney’s fees, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney’s fees at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. In assessing whether an award that includes attorney’s fees or expenses is greater than the value of Online Blueprint Divorce and Residential last written settlement offer, the arbitrator shall include in his or her calculations only the value of any attorney’s fees or expenses you reasonably incurred before Online Blueprint Divorce and Residential’s settlement offer.
(e) The right to attorney’s fees and expenses discussed in paragraph (d) supplements any right to attorney’s fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorney’s fees or costs. Although under some laws Blueprint Divorce and Residential may have a right to an award of attorney’s fees and expenses if it prevails in an arbitration proceeding Blueprint Divorce and Residential will not seek such an award.
(f) The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND Blueprint Divorce and Residential AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. Further, unless both you and Blueprint Divorce and Residential agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other customers. Neither you nor we may seek non-individualized relief that would affect other customers. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
(g) If the amount in dispute exceeds $75,000 or either party seeks any form of injunctive relief, either party may appeal the award to a three-arbitrator panel administered by AAA by a written notice of appeal within thirty (30) days from the date of entry of the written arbitration award. An award of injunctive relief shall be stayed during any such appeal. The members of the three-arbitrator panel will be selected according to AAA rules. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, subject to any right of judicial review that exists under the FAA.
(h) Notwithstanding any provision in the applicable Terms to the contrary, we agree that if we make any future change to this arbitration provision (other than a change to any notice address, website link or telephone number provided herein), that change will not apply to any dispute of which we had written notice on the effective date of the change. Moreover, if we seek to terminate this arbitration provision, any such termination will not be effective until at least thirty (30) days after written notice of such termination is provided to you, and shall not be effective as to disputes which arose prior to the date of termination.
Blueprint Divorce and Residential makes service available for the full use of the Services (each, a “Full Product, state form preparation and related forms and associated support”) to new customers who provide a valid payment instrument, such as a credit card or other payment method. If you choose to start the process, you will automatically join and pay for full services, completed forms and related customer care. If you wish to use additional Services beyond those included one month access, you may be asked to separately purchase those. Please visit our Pricing for additional details on our available monthly payment options should you require additional access to our services and support or request document storage.
15. Force Majeure. Blueprint Divorce and Residential shall not be considered in breach of or default under these Terms of Service or any contract with me, and shall not be liable to me for any cessation, interruption, or delay in the performance of its obligations hereunder by reason of earthquake, flood, fire, storm, lightning, drought, landslide, hurricane, cyclone, typhoon, tornado, natural disaster, act of God or the public enemy, epidemic, famine or plague, action of a court or public authority, change in law, explosion, war, terrorism, armed conflict, labor strike, lockout, boycott or similar event beyond our reasonable control, whether foreseen or unforeseen (each a “Force Majeure Event”). If a Force Majeure Event continues for more than 60 days in the aggregate, Blueprint Divorce and Residential may immediately terminate these Terms of Service and shall have no liability to me for or as a result of any such termination.
16. Right to refuse. I acknowledge that Blueprint Divorce and Residential reserves the right to refuse service to anyone.
19. By proceeding with my purchase, I agree to these Terms of Service.