TERMS AND CONDITIONS
By creating an account and/or using SimpleQDRO (the “Service") you expressly acknowledge and specifically consent to the following Terms and Conditions of Use as set forth below:
IF FOR ANY REASON YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS AND/OR DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT USE THE SERVICE. THESE TERMS AND CONDITIONS OF USE FORM A BINDING AGREEMENT BETWEEN YOU AND SIMPLEQDRO, LLC.
BY USING THE SERVICE YOU AGREE THAT YOU ARE:
(a) AT LEAST 18 YEARS OF AGE;
(b) ARE LEGALLY ABLE TO ENTER INTO A CONTRACT; AND,
(c) AGREE TO THESE TERMS AND CONDITIONS OF USE.
PLEASE NOTE THAT THIS AGREEMENT PROVIDES FOR THE MANDATORY ARBITRATION OF DISPUTES AND INCLUDES A WAIVER OF THE RIGHT TO A JURY TRIAL AND CLASS ACTION WAIVER AS SET FORTH BELOW (See, Section IV).
100% Money Back Guarantee
In the event that the use of SimpleQDRO results in a QDRO that is not accepted by a Court or Plan Administrator as a result of deficiencies in our service, we will provide unlimited edits until your QDRO is accepted by the appropriate entity. However, you further understand and agree that this guarantee is limited by what is permitted by applicable law and the terms of the Plan in question.
After providing us with the opportunity to make any requested edits for resubmission to the Plan in question, if we are ultimately unable to prepare a QDRO that is acceptable to a Plan Administrator as a result in deficiencies in our service (and not as a result of Plan rules or limitations, applicable law, or inconsistency with other court orders), we will refund 100% of your money. Due to Plan rules and limitations, our Money Back Guarantee does not apply to situations where the Plan Participant has died prior to the drafting and submission of a QDRO (otherwise known as an “after death QDRO”), though we will make our best efforts to draft an acceptable QDRO when available.
For any order cancelled prior to the delivery of documents prepared by SimpleQDRO, LLC, SimpleQDRO, LLC will issue a refund for the full amount of your payment, less $25.00 per QDRO to offset processing fees imposed by third party credit card processing companies.
SimpleQDRO, LLC does not warrant that a particular plan administrator offers a pre-approval review of draft documents. Therefore, if you choose the pre-approval service, you are acknowledging that you have either (a) confirmed with the applicable plan administrator that they will perform a pre-approval review, or (b) have elected to pay for the pre-approval service and proceed with the understanding that the plan administrator may deny the request for pre-approval review.
SimpleQDRO, LLC reserves the right to refuse service for any or no reason, disclosed or undisclosed. In the event that a payment is made, the payment received may be refunded at SimpleQDRO, LLC’s sole discretion, and any account created on any SimpleQDRO, LLC property may be terminated or deleted at SimpleQDRO, LLC’s sole discretion.
Print and Mail Service
The print and mail service includes up to three (3) packages by US Postal Service standard mail. Any more packages which may be requested would require an additional payment for another three (3) packages. If you require overnight shipping, we require an additional payment equal to the higher of $50 or the actual cost of the overnight shipping.
Delivery Times
Our standard QDRO drafting turnaround is 3 business days. The way this works is that if you place an order before the close of business on any business day, this will count as the start date for the 3 business day turnaround. If you place an order after close of business, on a non-business day, the start date will count as the next business day. Then our delivery date and time would be three business days after the start date by 11:59pm eastern time.
Our turnaround time assumes you have provided all information necessary to draft your documents. If we don’t have sufficient information, we will email you before the delivery date requesting any additional information required. In that event, the start date will reset to the first business day on which we have received sufficient information to prepare your documents.
Prices are subject to change without notice.
Section I. RELATIONSHIP WITH SIMPLEQDRO, LLC - NO LEGAL ADVICE
A. For purposes of this paragraph, the term “SimpleQDRO” shall mean SimpleQDRO, LLC, its owner(s), partner(s), manager(s), employee(s), and/or affiliate(s) involved in the preparation of documents generated by the Service. By using the Service, you expressly acknowledge the following:
- SimpleQDRO is not a law firm
- SimpleQDRO does not provide legal advice of any kind; and
- SimpleQDRO does not provide legal representation of any kind
C. You acknowledge and stipulate that you are engaging SimpleQDRO to aid in the preparation of a Qualified Domestic Relations Order, or other similar order necessary to divide a retirement account (collectively referred to as a “QDRO”), as well as other supporting documents.
D. The QDRO and any supporting documents are prepared exclusively in reliance upon the information provided by you to SimpleQDRO. It is therefore imperative that you provide accurate information. SimpleQDRO can make no warranties with respect to the accuracy of information provided by you. You hereby stipulate and agree that you are solely responsible for reviewing the accuracy of the information provided to SimpleQDRO.
E. If you are a Licensed Attorney, you expressly acknowledge and agree that you are solely responsible for reviewing the accuracy of the information provided by you to SimpleQDRO, and further acknowledge and agree that you are solely responsible for understanding the intent of the party (or parties), as well as the legal effect and/or consequences of using the documents prepared by SimpleQDRO.
F. If you are not represented by an attorney licensed to practice in your state of residence (a “Licensed Attorney”), you expressly acknowledge and agree that you are personally assuming the sole responsibility of any and all legal decisions related hereto and accepting any and all responsibility for any actions made in reliance upon the documents prepared by SimpleQDRO. If you are not 100% comfortable in your understanding of the documents prepared by SimpleQDRO at your specific request, you agree to immediately seek the assistance of a Licensed Attorney.
G. If you are represented by an attorney, you expressly acknowledge and agree that any documents prepared by SimpleQDRO will be delivered by you to your Licensed Attorney for his or her review and processing.
Should you choose to not provide these documents to your Licensed Attorney, you hereby stipulate that you are representing yourself and personally assuming the sole responsibility of any and all legal decisions related hereto and accepting any and all responsibility for any actions made in reliance upon the documents prepared by SimpleQDRO.
Section II. DISCLAIMER OF REPRESENTATIONS AND LIABILITY
THIS SECTION AFFECTS YOUR RIGHTS – PLEASE READ CAREFULLY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SIMPLEQDRO, LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SIMPLEQDRO, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE INFORMATIONAL CONTENT; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE INFORMATIONAL CONTENT; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) ANY OTHER MATTER RELATING TO THE INFORMATIONAL CONTENT.
Section III. Dispute Resolution: Binding Arbitration and Class Action Waiver
THIS SECTION AFFECTS YOUR RIGHTS – PLEASE READ CAREFULLY:
If you have a dispute with SimpleQDRO, LLC regarding the SimpleQDRO service, and you are unable to resolve the dispute informally, you and SimpleQDRO, LLC agree that upon demand by either you or SimpleQDRO, LLC, the dispute will be resolved through binding arbitration. A "dispute" is any unresolved disagreement between you and SimpleQDRO, LLC regardless of when the claim arose, and includes claims based on contracts, torts, statutes, regulations, common law, and equitable claims. All statutes of limitation applicable to any dispute shall apply in any arbitration between you and SimpleQDRO, LLC.
YOU AND SIMPLEQDRO, LLC STIPULATE AND AGREE THAT YOU ARE EACH WAIVING THE RIGHT TO A JURY TRIAL OR A BENCH TRIAL. You and SimpleQDRO, LLC agree that each may bring claims against the other only in an individual capacity, and that neither you nor SimpleQDRO, LLC shall be entitled to join or consolidate claims by or against others in any arbitration, or to include in any arbitration any dispute as a representative or member of a class, or on behalf of the general public, or as a private attorney general. If this limitation is found to be unenforceable; however, this issue shall be properly delegated to the arbitrator as set forth below, it shall not be severable, and this entire arbitration provision shall be unenforceable. You and SimpleQDRO, LLC agree that the arbitrator may award injunctive relief only in favor of the party seeking relief, and only to the extent necessary to provide relief warranted by that party’s individual claim. In the event of any inconsistency between this arbitration provision and any provision contained in any other applicable terms of use, license agreement, disclaimer, or privacy policy relating to SimpleQDRO, LLC, and/or SimpleQDRO, this arbitration provision shall be controlling.
Each arbitration, including the selection of the arbitrator, will be administered by the American Arbitration Association (the "AAA") according to its Commercial Arbitration Rules and the Supplementary Procedure for Consumer-Related Disputes (together, the "AAA Rules"). The AAA Rules are available online at www.adr.org, or by calling the AAA at 1-800-778-7979. In the event of any inconsistency between the AAA Rules and this arbitration provision, this arbitration provision shall be controlling. Either party may demand arbitration of a dispute at any time, regardless of whether a lawsuit or other proceeding has previously been commenced. Either party may demand arbitration by completing the form for Consumer-Related Disputes provided for that purpose, and following the instructions on the form. The form is available on the AAA’s website, www.adr.org, or by calling AAA Case Filing Services at 1-877-495-4185. You should attach a copy of this arbitration provision, which will remain available online. If you demand arbitration, you must send a copy of the form or other demand, by U.S. Certified Mail, addressed to: SimpleQDRO, LLC, 329 Lawrence Street, Marietta, Georgia 30060. If SimpleQDRO, LLC demands arbitration, you will be sent a copy of the form or other demand, by U.S. Certified Mail, at the most current postal address that SimpleQDRO, LLC has for you based upon information provided to SimpleQDRO by you. Except as otherwise provided by applicable law, each party will remain solely responsible for their own attorneys’ fees and expenses incurred in connection with the arbitration.
You and SimpleQDRO, LLC agree that: (1) the parties are participating in transactions affecting interstate commerce; (2) this arbitration provision and any resulting arbitration are governed by the Federal Arbitration Act (Title 9 of the United States Code); (3) the arbitrator shall decide any dispute regarding the interpretation, application, or enforceability of this arbitration provision; (4) neither party will disclose, to any third party, any information obtained from the other party in the arbitration proceeding, except as required by applicable law; and (5) neither party will be entitled to rely on any arbitration award, finding of fact, or conclusion of law issued in any other arbitration proceeding involving only one of the parties. This arbitration provision shall survive the termination of any other contract between you and SimpleQDRO, LLC.
Section IV. Entire Agreement
These Terms constitute the entire agreement between you and SimpleQDRO, LLC with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third-party beneficiary rights.
Section V. Governing Laws
SimpleQDRO, LLC exists solely within Cherokee County in the State of Georgia. You agree that regardless of where you reside or where your browser is physically located, your viewing of SimpleQDRO occurs solely within Cherokee County in the State of Georgia and that all content and services shall be deemed to be served from and performed wholly within, Cherokee County, Georgia, as if you had physically traveled there to obtain such service.
These Terms and Conditions of Use will be governed and interpreted pursuant to the law of the State of Georgia, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Georgia in connection with any dispute between you and SimpleQDRO, LLC arising out of these Terms and Conditions of Use or pertaining to the subject matter hereof to the extent an arbitrator does not have jurisdiction. You agree that the exclusive venue for any dispute between the parties arising out of these Terms and Conditions of Use or pertaining to the subject matter of these Terms and Conditions of Use will be in Cherokee County, Georgia and federal courts in the Northern District of Georgia to the extent an arbitrator does not have appropriate venue.
Section VI. Waiver, Severability and Assignment
In the event that SimpleQDRO, LLC elects to not enforce a provision herein, the same shall not be deemed to constitute a waiver of its right to do so later. In the event that any provision (or portion thereof) is found unlawful, void, or unenforceable, for any reason, then that provision shall be deemed modified or limited only to the extent necessary to bring it within a legal requirement or will be severable from the Terms and shall not affect the validity and enforceability of the remaining Terms. You may not assign any of your rights under these Terms, and any such attempt to do so will be void. SimpleQDRO, LLC may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Service.
Section VII. Modifications
SimpleQDRO, LLC may amend and/or revise these Terms from time to time. The most current version shall be posted on this page. In the event that a revision meaningfully reduces your rights, SimpleQDRO, LLC will notify you by posting an update on this page. By continuing to use or access this site and/or the service after the revisions come into effect, you acknowledge and agree to be bound by the revised Terms.
If you have any questions or concerns, please contact us at any time at [email protected]