Terms of Service

1. Scope and Services

These Terms govern use of MDA’s SMS system, digital library, document center, website, and related services.

MDA provides administrative, organizational, educational, and technology services. MDA is not a law firm, does not provide legal advice, and does not represent users in legal proceedings.

2. User Content

Users retain ownership of documents and other materials uploaded or transmitted through MDA. Users represent that they own, possess, or are authorized to upload and use User Content.

Users grant MDA a limited, nonexclusive license to host, store, reproduce, transmit, organize, display, and process User Content as reasonably necessary to operate, secure, maintain, troubleshoot, and support the services; comply with law; respond to legal process; and enforce these Terms.

3. No Privilege or Confidentiality Guarantee

Use of MDA does not create an attorney-client relationship, attorney-client privilege, work-product protection, marital privilege, accountant-client privilege, or other evidentiary privilege.

MDA does not guarantee that User Content will be confidential, privileged, inadmissible, undiscoverable, permanently available, or protected from lawful disclosure. Users are responsible for consulting qualified counsel regarding preservation duties, discovery obligations, and litigation strategy.

4. Legal Process, Discovery, and Preservation

MDA is a neutral, nonparty technology provider. MDA is not a party, witness, attorney, expert, litigation consultant, litigation agent, designated custodian, or representative of any person involved in a divorce or other proceeding.

Users remain responsible for responding to discovery requests directed to them and for preserving, producing, or withholding their own information.

If MDA receives legal process, MDA may:

• Review the request for validity, scope, jurisdiction, and applicable objections;
• Object to, narrow, negotiate, challenge, or seek a protective order;
• Notify the affected user where legally permitted and reasonably practicable;
• Preserve or produce information as required by law;
• Require specificity concerning the account, data categories, custodians, date range, and production format;
• Produce electronically stored information in its ordinary form or another reasonably usable form; and
• Seek reimbursement of reasonable compliance costs.

MDA does not promise to challenge legal process or notify users before responding. MDA may respond without notice when notice is prohibited, impracticable, or not legally required.

MDA may identify backup, disaster-recovery, archived, fragmented, or legacy systems as not reasonably accessible because of undue burden or cost. MDA will not ordinarily search those sources unless required by law or court order and may seek appropriate conditions and cost allocation.

MDA may preserve information when required by law, served with a valid preservation request or legal hold, or when MDA reasonably believes preservation may be required. MDA is not required to preserve every copy, restore deleted information, interrupt ordinary backup rotation, or create new records unless required by law or court order.

5. Deletion and Account Closure

If a user terminates services or closes an account, MDA will initiate deletion of User Content from active systems within 90 days after termination.

MDA will retain access, security, and usage logs for 12 months, subject to longer retention required by law, legal hold, reasonably anticipated litigation, security investigation, or legitimate business purpose.

Deletion may be delayed or limited by backup cycles, security records, legal holds, preservation obligations, pending disputes, valid legal process, and legal-retention requirements.

Deletion does not guarantee destruction of backup copies, logs, billing records, or information subject to preservation. Users should maintain independent copies of important documents.

6. Prohibited Uses

Users may not:

• Use MDA unlawfully or to violate a court order;
• Access another person’s account without authorization;
• Upload malware or harmful code;
• Misrepresent identity or authority;
• Use MDA to evade discovery, conceal assets, destroy evidence, or obstruct a legal proceeding;
• Monitor another person without lawful authorization; or
• Interfere with, reverse engineer, or compromise the services.

7. SMS Terms

By opting in, users consent to receive recurring text messages at the mobile number provided. Message frequency may vary, and standard message and data rates may apply.

Users may opt out at any time by texting “STOP” or contacting customer support. Users represent that they are at least 18 years old or have appropriate authorization and are the subscriber to, or authorized user of, the mobile number provided.

MDA is not responsible for delays or failures caused by telecommunications providers. MDA complies with applicable SMS, telecommunications, and marketing requirements, including the TCPA, CAN-SPAM Act, and applicable CTIA guidance.

8. Suspension and Termination

MDA may suspend or terminate access for violation of these Terms, legal or regulatory reasons, security concerns, nonpayment, misuse, or operational necessity.

MDA may suspend deletion or preserve information notwithstanding termination when required or reasonably appropriate.

Provisions concerning User Content, legal process, preservation, disclaimers, liability, indemnification, and governing law survive termination.

9. Indemnification

To the maximum extent permitted by law, users agree to defend, indemnify, and hold harmless MDA and its officers, employees, contractors, and service providers from claims, liabilities, damages, losses, costs, and expenses arising from User Content, use or misuse of MDA, violation of these Terms or applicable law, violation of a court order or third-party rights, or failure to preserve, produce, or protect information as required by law.

10. Disclaimers and Limitation of Liability

The services are provided “as is” and “as available.” MDA disclaims warranties to the maximum extent permitted by law.

MDA does not warrant uninterrupted operation, permanent availability, preservation of metadata, admissibility of documents, or protection from discovery or lawful disclosure.

To the maximum extent permitted by law, MDA will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of data, evidence, confidentiality, privileges, profits, or legal claims.

11. Changes, Governing Law, and Contact

MDA may modify these Terms by posting revised Terms with a new effective date. Continued use after the effective date constitutes acceptance to the extent permitted by law.

These Terms are governed by the laws of the jurisdiction where MDA is located, without regard to conflict-of-law principles.

Questions and legal-process notices should be sent to:

support@maritaldisputeadvisors.com

Legal-process notices should include “Legal Process” in the subject line. Sending a request to this address does not constitute acceptance of service, waiver of objections, or consent to jurisdiction.