Proudly Serving the Des Moines and Surrounding Areas
Terms and Conditions
TERMS AND CONDITIONS
These terms and conditions (the "Terms and Conditions") govern the use of Brite Horizons Mediation
Services (the "Site"). This Site is owned and operated by Cheryl M. DiMaio. This Site is an ecommerce
website.
By using this Site, you indicate that you have read and understand these Terms and Conditions and
agree to abide by them at all times.
THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT
IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT
CAREFULLY.
Intellectual Property
All content published and made available on our Site is the property of Cheryl M. DiMaio and the Site's
creators. This includes, but is not limited to images, text, logos, documents, downloadable files and
anything that contributes to the composition of our Site.
Age Restrictions
The minimum age to use our Site is 18 years old. By using this Site, users agree that they are over 18
years old. We do not assume any legal responsibility for false statements about age.
Acceptable Use
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not
to:
- Harass or mistreat other users of our Site;
- Violate the rights of other users of our Site;
- Violate the intellectual property rights of the Site owners or any third party to the Site;
- Hack into the account of another user of the Site;
- Act in any way that could be considered fraudulent; or
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- Post any material that may be deemed inappropriate or offensive.
If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions,
we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to
take any legal steps necessary to prevent you from accessing our Site.
Accounts
When you create an account on our Site, you agree to the following:
1. You are solely responsible for your account and the security and privacy of your account,
including passwords or sensitive information attached to that account; and
2. All personal information you provide to us through your account is up to date, accurate, and
truthful and that you will update your personal information if it changes.
We reserve the right to suspend or terminate your account if you are using our Site illegally or if you
violate these Terms and Conditions.
Sale of Goods And Services
These Terms and Conditions govern the sale of goods and services available on our Site.
The following goods are available on our Site:
- Separation or Divorce Mediation Services;
- Post Separation or Divorce Mediation Services;
- DIY Uncontested Divorce With Children Package; and
- DIY Uncontested Divorce With Out Children Package.
The following services are available on our Site:
- Family Mediation; and
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- Downloadable DIY Divorce Packages.
The services will be paid for in full when the services are ordered.
These Terms and Conditions apply to all the goods and services that are displayed on our Site at the
time you access it. This includes all products listed as being out of stock. All information, descriptions,
or images that we provide about our goods and services are as accurate as possible. However, we are
not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of
all goods and services we provide. You agree to purchase goods and services from our Site at your own
risk.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel
your order and have already processed your payment, we will give you a refund equal to the amount
you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt
of any refund.
Payments
We accept the following payment methods on our Site:
- Credit Card;
- Debit; and
- Personal Check.
When you provide us with your payment information, you authorize our use of and access to the
payment instrument you have chosen to use. By providing us with your payment information, you
authorize us to charge the amount due to this payment instrument.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to
cancel or reverse your transaction.
Refunds
Refunds for Goods
Refund requests must be made within 3 days after receipt of your goods.
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We accept refund requests for goods sold on our Site for any of the following reasons:
- All sales are final, if you received the wrong downloadable divorce package we will exchange it
for the correct downloadable divorce package..
Refunds for Services
We provide refunds for services sold on our Site as follows:
- You may cancel mediation services up to 24 hours prior to appointments date and time. Your
deposit is not refundable after the 24 hour cancelation period.
Guarantees
The following guarantees apply to our Site:
- All DIY Divorce Packages are 100% guaranteed to be accepted if filled out properly. If you
need assistance with a rejected form please use our contact form and we will walk you through
the process..
Consumer Protection Law
Where any consumer protection legislation in your jurisdiction applies and cannot be excluded, these
Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms
and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict
between these Terms and Conditions and that legislation, the mandatory provisions of the legislation
will apply.
Limitation of Liability
Cheryl M. DiMaio and our directors, officers, agents, employees, subsidiaries, and affiliates will not be
liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your
use of the Site.
Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless Cheryl M. DiMaio
and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims,
losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your
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violation of these Terms and Conditions.
Applicable Law
These Terms and Conditions are governed by the laws of the State of Iowa.
Dispute Resolution
Subject to any exceptions specified in these Terms and Conditions, if you and Cheryl M. DiMaio are
unable to resolve any dispute through informal discussion, then you and Cheryl M. DiMaio agree to
submit the issue first before a non-binding mediator and to an arbitrator in the event that mediation
fails. The decision of the arbitrator will be final and binding. Any mediator or arbitrator must be a
neutral party acceptable to both you and Cheryl M. DiMaio. The costs of any mediation or arbitration
will be paid by the unsuccessful party.
Notwithstanding any other provision in these Terms and Conditions, you and Cheryl M. DiMaio agree
that you both retain the right to bring an action in small claims court and to bring an action for
injunctive relief or intellectual property infringement.
Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent
or invalid under applicable laws, those provisions will be deemed void and will be removed from these
Terms and Conditions. All other provisions will not be affected by the removal and the rest of these
Terms and Conditions will still be considered valid.
Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with
the law and to reflect any changes to the way we operate our Site and the way we expect users to
behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a
notice on our Site.
Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:
(515) 210-6705
britehorizonsmediationservices@gmail.com
3915 SW 4th St. Des Moines, Iowa 50315
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Copyright © 2023 Brite Horizons Mediation Services, LLC - All Rights Reserved.
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