Dcomply / DComply User Agreement

Terms of Service

Co Parenting App Referrals

This user Agreement is a contract between you (“Members” or “Users”) and DComply (“us” or “we”), governing your use of your DComply account and the DComply services. You must be in the United States and have a U.S. bank account to use the DComply services.

You agree to comply with all of the terms and conditions in this user agreement. The terms include an agreement to resolve disputes by arbitration on an individual basis.

We reserve the right to amend this agreement at any time without notice, subject to applicable law. By continuing to use our services after any changes to this user agreement become effective, you agree to abide and be bound by those changes. If you do not agree with any changes to this user agreement, you may close your account.

Background- DComply is a neutral application

DComply is a community for divorced, separated, and single parents who have a child or children in common with another parent wherein financial support is owed. The application functions as a neutral venue where members may connect regarding child support needs and obligations.  Specifically, DComply uses third party payment service providers to aid divorced, separated, or unmarried parents with children in an effort to help streamline and navigate their financial support obligations. We are not involved in or a party to the actual transaction between Members. As a result, We have no control over the existence, quality, accuracy, safety, or legality of the transactions that take place on our application, the accuracy of representations made by the other party to your transaction, the ability of Members to pay for any goods and services, and we make no representations or warranties and are not liable or responsible for the actions or inactions of Members.

While it is our intent to provide a simple and straightforward explanation of what information DComply collects from its users, we rely upon third parties to facilitate the actual exchange of money from one parent (“Member” or “user”) to another. DComply does not receive, hold, or transmit funds. DComply utilizes third party software platforms including Dwolla and Plaid to allow you to send fund transfer instructions to their financial institution partners. Therefore it is important to consult with Dwolla and Plaid terms and conditions. Essentially, these third party software platforms give members the ability to send and receive electronic payments.

Please note that this Agreement only covers the information that DComply collects, uses, and shares, and it does not explain what our developers do with any end user information we provide to them (or any other information they may collect about you, their end user). This Agreement also does not cover any websites, products, or services provided by others. We encourage you to review the privacy policies or notices of our developers or those third parties for information about their practices.

Changes to This Policy

We may change this Agreement from time to time. If we make changes, we will post the new Agreement on DComply’s websites and/or on the application. We will also notify our developers of any material changes in accordance with our developer agreements, as they are generally best positioned to notify their end users about such changes to this Policy, as appropriate.

DComply Policy

By accessing and using DComply’s Service, you agree to comply with all the terms of this Policy. This Policy will apply each time you access or use the Service. If you are agreeing to the terms of this Policy on behalf of an organization or entity, you represent and warrant that you are so authorized to agree on behalf of that organization or entity. This Policy is important; please read it carefully.

We may change this Policy at any time in our discretion. If we make any change to this Policy that we deem to be material, we will make a reasonable effort to inform you of such change. If you don’t agree with the change, you are free to reject it; unfortunately, that means you will no longer be able to use the Service.

Registration

To sign up for the Service, you must create an account (“Account”) by registering on our Application or through our application and providing true, accurate, and complete information about yourself and your use of the Service. You agree not to misrepresent your identity or any information that you provide for your Account, and to keep your Account information up to date at all times. It is your responsibility to maintain access to your Account; you may never share your Account information, including your password and Client Secret, with a third party or allow any other application or service to act as you.

If you become aware of any unauthorized use of your Account or any other breach of security, please immediately notify us via email at support@dcomply.com

Compliance with Applicable Law

When using the Service, you must abide by all applicable local, state, national, and international laws and regulations. You also confirm that you, your business, your employees, your service providers, and any others acting on your behalf adhere to all applicable laws and regulations, especially those pertaining to financial and personally-identifiable data. You are solely responsible for ensuring that your use of the Service is in compliance with all laws and regulations applicable to you.

Security

You are responsible for securely maintaining your authentication credentials,

Acknowledgements

As a user, you acknowledge the following: Any transaction you enter into with another Member is strictly between you and the Member, and DComply is not a party to that transaction. Any dispute you have with a Member is between you and the Member, and We will not be a party to that dispute, except regarding your use of the Application, as discussed herein.   In addition, We cannot guarantee that information provided by or from another Member is accurate.

Membership.

Membership to DComply is available only to entities and individuals at least 18 years of age who can form legally binding contracts under applicable law. Our services are not available to minors or to temporarily or indefinitely suspended Members. By joining DComply, you agree to (i) provide us with accurate, complete information about yourself and to update this information as needed; (ii) abide by all of the terms and conditions of this Agreement, (iii) safeguard your username and password; and (iv) be responsible for all activity of your membership account. In addition, in the event you contact DComply via telephone, you understand, acknowledge and agree that such phone conversations may be recorded.

Prohibited Activities

Members and Users may not:

– Create an account in another’s name

– Use another’s account

– Impersonate another person or entity

– Use the Application or application to break the law or applicable regulations, encourage others to do so, or offer instructions on how to do so

– Offer to provide products or services that violate any applicable law, statute, ordinance or regulation (collectively “Laws”), or offer any products or services in a manner that violates any Laws

– Collect or harvest information about Members, including but not limited to use of robots, spiders, or similar means

– Use information on the application to send unsolicited email to Members

– Do anything that interferes with or places an undue burden on the application (as determined by DComply in our sole discretion)

– Use the application if your membership has been temporarily or permanently suspended or revoked

– Violate any terms of this Agreement

DComply reserves the right to suspend the membership of any who engages in offensive and detrimental behavior, including behavior that shocks, insults, or offends the community and public morals and decency, including through making racist, discriminatory, or offensive comments on DComply properties and elsewhere or by taking actions that would tend to reflect poorly on DComply.

Additional Terms and Conditions; Product Changes.

You acknowledge and agree that We have the sole discretion to set forth and post additional terms and conditions for your use of the Application at various places throughout the Application. You agree that those additional terms and conditions shall be considered an effective amendment to this Agreement and said terms and conditions shall be incorporated herein. Furthermore, you expressly agree that if there is any conflict between those additional terms and conditions and the Terms set forth herein, the additional terms and conditions shall govern. DComply retains the right to revise its product and/or service offerings, including the tools made available to you, at any time for any reason including without limitation to comply with any applicable law or regulation.

Disputes Among Members; Release.

You are solely responsible for your interactions with other DComply Members, and We are not party to any such disputes. We reserve the right, but have no obligation, to monitor disputes between you and other Members. You agree to release DComply, its officers, directors, agents, and employees from all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any disputes between you and any third parties or in any way related to goods, services, or events involving third parties. If you are a California resident, you waive California Civil Code §1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

Information You Submit.

The application offers the opportunity for Members to submit information for use on the application, to share information with other parent that they share child(ren)  as part of the DComply Community (the “Community”), and other means (any information submitted to the Application through any of these means, “Submitted Information”). By using these functions, you agree to abide by the terms of this Agreement. DComply reserves to itself the right but does not have the obligation to monitor posts made to the Community and other Submitted Information. Members are solely responsible for the content of their Submitted Information.

Our Application acts as a passive conduit for any and all communication and/or distribution of information, and We do not control the Submitted Information of DComply Members. We cannot and will not evaluate and We are not responsible for the accuracy, reliability, completeness, veracity or suitability of any Submitted Information or for verifying the identity of the submitting Member. Like any information you obtain through the Internet, you should verify Submitted Information before acting upon it. DComply is not responsible for any losses you may incur as a result of relying on Submitted Information, even if We were advised of the possibility of such losses.

By posting Submitted Information to any part of the Application, you automatically grant, and you represent and warrant that you have the right to grant, to DComply an irrevocable, perpetual, non-exclusive, transferable, fully-paid-up, royalty-free, worldwide license (with the right to sublicense at multiple levels) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Submitted Information for any purpose and in any format on or in connection with the Application, the DComply business, or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Submitted Information, and to grant and authorize sublicenses of the foregoing. You acknowledge that DComply may retain archived copies of your Submitted Information and may continue to use your Submitted Information in connection with any materials that were created prior to your removal of your Submitted Information, in accordance with the license described above.

Furthermore, by posting Submitted Information, you expressly represent and warrant the following: (i) you are the owner, with all appurtenant rights thereto, of any and all communication, content and/or information that you post on the Application; or (ii) you are the legitimate and rightful grantee of a worldwide, royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to use, distribute, reproduce and distribute such communication, content and/or information. You furthermore represent and warrant that all persons and entities connected with the Submitted Information, and all other persons and entities whose names, voices, photographs, likenesses, works, services and materials have been used in the Submitted Information or its exploitation, have authorized the use of their names, voices, photographs, likenesses, performances, and biographical data in connection with the advertising, promotion, trade and other exploitation of the Submitted Information and the rights granted herein.

You agree that your Submitted Information:

– Will not contain your personal information that you do not wish to be made public or to be displayed in accordance with the applicable settings that you indicate.

– Will not contain another person’s personal information or otherwise invade another’s privacy

– Will not violate or possibly cause us to violate any applicable law, statute, ordinance or regulation

– Will not violate the terms of this Agreement

– Will not infringe any third party’s intellectual property rights including but not limited to copyright, patent or trademark rights

– Will not contain obscene, lewd, or suggestive content and or pornography

– Will not be libelous, threatening, harassing, racist, or defamatory. This specifically includes making legal claims of any sort about DComply employees, agents, other members, or the Application

– Will not contain the proprietary information of another person or entity

– Will not contain any computer hardware or software, viruses, Trojan horses, worms, spyware, or any other computer programming that may interfere with the operation of our Application or our systems and or create or impose a large burden or load on our Application or systems

– Will not scan or test the vulnerability or security of our Application or the system within which it operates

– Will not be used for commercial or public purposes outside of the requirements of this Agreement. Specifically, your Submitted Information may not be used to advertise the products or services of others and may not contain links to third-party websites.

– Will not create liability for DComply in any manner whatsoever

– Will not involve the upload, or insertion of, any programming language or code into or onto, our Application

You further agree not to impersonate another Member or attempt to disguise or conceal the author of any Submitted Information. We reserve the absolute right, but do not have the obligation, to remove or restrict any Submitted Information for any reason or no reason at all, including but not limited to Submitted Information you post to the Application that is in violation of this Agreement or is otherwise inappropriate, as determined in DComply sole discretion. In addition, we reserve the right to terminate Members who violate these rules.

You agree to use common sense and good judgment when conducting or posting any online communication or distribution of information. You assume legal responsibility for and will indemnify us from, all damages incurred as a result of any of your Submitted Information.

Rating and Review Disputes

If you undermine the integrity of our Rating and Review system in any way, your membership may be suspended or terminated.

Fraud

DComply may suspend or terminate your account if We suspect that you have engaged in fraudulent activity in connection with our application, as determined in our sole discretion. Fraudulent acts include, but are not limited to, the manipulation of the Rating and Review System.

No Agency.

You hereby agree and acknowledge that your provision of services and/or your use of the application, does not confer or imply any contractor (independent or otherwise), agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship with us and furthermore that no affiliation, association or connection exists between you and us. In no event shall you have authority to bind, commit, contract for, or otherwise obligate DComply in any manner whatsoever.

Right to Reject or Remove Members

We reserve the absolute right to reject your participation, or remove you from your current participation, in the DComply application at any time and for any reason or for no reason and without notice to you. Actions that may result in the rejection or removal of your participation can include, but are not limited to: any violation of the Terms of this Agreement; your creation, maintenance and/or; your non-payment in full any Unpaid Fees; any attempt by you to improperly influence, or cause another to improperly influence the feedback of Members; your unethical conduct, to be determined at our sole discretion; or any attempt by you to harass, or cause another to harass, or have inappropriate communications with a Member.

Petition for Reinstatement

Upon your removal from the application, you may petition for reinstatement. Your petition for reinstatement must include the following: (i) a written statement as to why you should be reinstated and (ii) your contact information. Your Petition will be reviewed at our discretion and any determination as to your reinstatement will be based on our sole judgment. Your submission of a petition does not, in any manner, guarantee, that you will be reinstated and We specifically disclaim any and all representations with respect to any such guarantee. We will contact you as to our decision to reinstate you. We are not obligated to give you any reason or basis as to our decision. You understand that any decision as to reinstatement may be a simple, yes or no. All decisions are final.

Confidentiality/Non-Disclosure

As a result of the performance of this Agreement and whether due to any intentional or negligent act or omission, We may disclose to you or you may otherwise learn of or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business (“Our Information”). You hereby agree and acknowledge that any and all of Our Information is confidential and shall be our sole and exclusive intellectual property and proprietary information. You agree to use Our Information only for the specific purposes as allowed by the performance of this Agreement. Any disclosure of Our Information to a third party specifically including a direct competitor is strictly prohibited and will be vigorously challenged in a court of law. All obligations contained herein shall survive the termination of this Agreement. Furthermore, you acknowledge that our information is proprietary, confidential and extremely valuable to us, and that We would be materially damaged by your disclosure of Our Information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that We shall be entitled to injunctive relief.

Record Keeping/Audit

We reserve the right to keep all records of any and all communications between you and other Members for administration purposes.

Submissions

 (send them to support@dcomply.com)

We always want to receive messages and feedback from DComply Members and welcome any comments regarding the application. However, please be aware that any ideas, suggestions comments or proposals you send to DComply (collectively, “Submissions”) are non-confidential, shall become the sole property of DComply, and you hereby assign all right, title and interest in such Submissions. To the extent Submissions cannot be assigned to DComply, you hereby grant and agree to grant to DComply all rights needed for DComply to incorporate and commercialize the Submissions at no charge or encumbrance to DComply and you agree that DComply may disclose the Submissions to any third party in any manner and you agree that DComply has the ability to sublicense all Submissions in any form to any third party without restriction. DComply shall own all rights therein, including all intellectual property rights. DComply shall be entitled to use and/or disseminate the Submissions in any manner and for any purpose whatsoever, commercial or otherwise, without compensation or credit to you.

Remedies

Remedies for use of our application that violate this Agreement include, but are not limited to, the immediate termination of your membership, notifying our Members of your actions, issuing a warning (including a public warning), temporarily suspending your membership, monetary compensation, and injunctive relief.

Limited Liability

IN NO EVENT SHALL DCOMPLY, OUR EMPLOYEES, AFFILIATES, OFFICERS, DIRECTORS, OR AGENTS BE LIABLE TO YOU OR ANYONE ELSE FOR DIRECT, INDIRECT DAMAGES, LOST PROFITS, ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE APPLICATION OR FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON INFORMATION CONTAINED ON THE APPLICATION, WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. OUR LIABILITY, AND THAT OF OUR EMPLOYEES, AFFILIATES, OFFICERS, DIRECTORS, OR AGENTS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR $100, NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

Indemnity

You agree to indemnify and hold DComply and our affiliates, officers, directors, agents, and employees harmless from any claim of fraudulent activity by another user, parent, ex-spouse, etc.  DComply, and our affiliates, officers, directors, agents, and employees are in no way responsible if one Member or User defrauds another Member or User out of funds. Members and Users cannot initiate any action whatsoever against DComply to collect on funds issued to or garnished by another Member or User.

You agree to indemnify and hold DComply and our affiliates, officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising in any manner in whole or in part out of your use of the application, including but not limited to claims that any of your Submitted Information includes materials owned by third parties without authorization, was defamatory or harassing, or otherwise violated the rights of any third party.

Legal Compliance

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, shipping, transporting, and solicitation of offers to ship and transport items.

Governing Law; Venue and Jurisdiction

By visiting or using the application, you agree that the laws of the State of New Jersey, without regard to principles of conflict of laws of any state or jurisdiction, will govern these Terms and any dispute of any sort that might arise between you and DComply or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of New Jersey, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of New Jersey.

Arbitration

Disputes between you and DComply regarding the application and our services should be reported to

support@DComply.com

. We will attempt to resolve any disputes you have with us. Because We are a neutral venue We are not responsible for resolving any disputes between you and members regarding services or transactions. Any claim or controversy arising out of or relating to your use of this Application, to the goods or services provided through DComply, this Agreement, or to any acts or omissions for which you may contend DComply is liable, including but not limited to any claim or controversy as to arbitrability (“Dispute”), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association (“AAA”) in force at that time. The arbitration shall be conducted in Essex County, New Jersey. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding New Jersey selection of an arbitrator be in effect, the Member shall select an arbitrator from a panel of arbitrators acceptable to DComply. In any arbitration, the parties will split the cost of the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party, provided, however, that in Maine any cost to the consumer shall be limited to the cost of filing a court case. To begin the arbitration process, a party must make a written demand therefore.

Any judgment upon an award rendered by the arbitrators may be entered in any court of competent jurisdiction in New Jersey. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this Agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. The parties agree to arbitrate solely on an individual basis and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND DCOMPLY WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTION LAWSUITS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using DComply’s goods and services or the application, you consent to these restrictions.

Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and DComply, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state courts sitting in Essex County, New Jersey and federal courts sitting in Newark, New Jersey.

Security

DComply uses industry standard practices to protect your personal information, including firewalls and Secure Socket Layers. We utilize several different security techniques to protect data from unauthorized access, but, except as specified in a Terms of Purchase, We cannot guarantee the security of our system. Except as specified in a Terms of Purchase, we also do not guarantee uninterrupted or secure access to our system, as the operation of our Application can be interrupted by numerous factors outside of our control.

Nondiscrimination Policy

DComply wants all users to feel welcome and included on its Web sites, applications, and tools (the “Properties”). Accordingly, DComply prohibits discrimination against couples, guests, or employees of DComply based on race, color, religion, sex, national origin, ancestry, disability, marital, family, pregnancy status, sexual orientation, gender identity, gender expression, veteran or citizenship status, age, or any other characteristic protected under applicable federal, regional, state, or local law. Such discrimination includes, but is not limited to, refusing to provide or accept services or any other conduct that improperly takes into account these characteristics. As further addressed in our Terms of Use, this prohibition applies to the posting of discriminatory content, such as reviews or forum posts, on our Properties. DComply will, at its discretion, take steps to enforce this policy, up to and including suspending users who violate this policy from our Properties. If you experience discrimination with any user, please contact support with the subject “Nondiscrimination Policy”, so we can investigate and take appropriate measures.

General

This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. To the extent of any conflict between the terms of this Terms of Use and any other document made a part of the Agreement by its express terms, the terms of this Terms of Use shall prevail unless the other document specifically states that it shall prevail. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by DComply to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys’ fees and costs will be awarded to the prevailing party in the event of arbitration or litigation involving the enforcement or interpretation of this Agreement. You agree that other than affiliates or subsidiaries of DComply, there are no intended third-party beneficiaries of this Agreement. The section headings used herein are for convenience only and shall not be given any legal import.