Terms and Conditions for Integrous Resolution Services. You are visiting a website (the “Website”) that is property of Prophese Fuentes d/b/a Integrous Resolution Services, Dreams Of My Own and/or its affiliates or subsidiaries (collectively, “Dreams Of My Own”). The following terms and conditions of use (the “Agreement”) govern your use of the Website and its Contents, as defined below.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY

Be advised that your use of the Website constitutes your agreement to follow and be bound by the Agreement described Herein and all terms incorporated by reference. We reserve the right to update or modify the Agreement at any time without prior notice. If you do not agree to all of the terms and conditions set forth herein, do not access or use the Website or any information contained in the Website.

Any changes or modification will be effective immediately upon posting of the revisions on the Website and shall apply to all use of the Website and all acts or omissions occurring after the effective date of the revised Website Terms.

You waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Website following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Website Terms and applicable policies, as convenient to you, in order to understand the terms and conditions that apply to your use of the Website.

If you do not agree to the amended terms, your permission to use the Website will terminate and any further use will be unauthorized.

IF YOU HAVE ANY QUESTIONS ABOUT THIS AGREEMENT, YOU MAY CONTACT US AT prophese@integrousresolutions.com

INTELLECTUAL POLICY AND CONTENTS/TRADEMARK/COPYRIGHT COMPLAINTS


Unless otherwise noted, the Website, and all materials on the Website, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Contents”) are owned, controlled or licensed by Integrous Resolution Services and are protected by copyright, trade mark and applicable intellectual property and common law rights. Except for the rights specifically granted by this Agreement, the Website or its Contents cannot be used, copied, licensed or sub-licensed for any purpose without the express written consent of Integrous Resolution Services. Integrous Resolution Services may terminate the accounts of users who appear to infringe the copyright or intellectual property rights of others.

Integrous Resolution Services respects the intellectual property of others and ask that you do the same. If you believe that intellectual property owned by you or a third party has been copied or used on the Website in any way that constitutes copyright infringement or infringement of other applicable intellectual property law, please contact us in writing for notification of claims, at the address below, providing all of the following relevant information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright/trademark interest;
  2. a description of the copyrighted work and/or trademark claimed to have been infringed;
  3. a description of where the claimed infringing Content is located on our Site;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright/trademark owner, its agent, or the law; AND,
  6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are authorized to act on behalf of the owner of the copyright/trademark interest involved.

Prophese Fuentes d/b/a Integrous Resolution Services

7287 153 Street West

PO Box 240955

Saint Paul, MN 55124

WEBSITE USAGE AND CONTENTS


The Website and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal informational use only. No right, title or interest in any downloaded Contents is transferred to you as a result of any such downloading or copying or any other use of the Website. You may not reproduce (except as specifically set forth herein), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Website.

Integrous Resolution Services makes reasonable effort to ensure that the Contents of the Website are accurate and free from errors. Occasionally there may be information on the Website that contains typographical errors, inaccuracies, or omissions including, but not limited to, those related to product descriptions, pricing, promotions, offers, and availability.  makes no representations or warranties as to the accuracy or completeness of any of the Contents including without limitation, the availability, quality or price of any products included on the Website or otherwise referred to in the Contents.

Integrous Resolution Services makes every effort to display the colors of our products as accurately as possible on the Website. Please be advised that Integrous Resolution Services cannot guarantee that your computer monitor’s display of any color will be accurate.

The Website may contain links to other websites and may on occasion display content or information from websites owned by third parties. Integrous Resolution Services is in no way responsible for any third party website or its content or information. Any such links are accessed at the user’s absolute discretion and risk.

NO RESALE


You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Wesite, use of the Website or access to the Website without Integrous Resolution Services’ express written consent.

TERMINATION/ REPEAT INFRINGER POLICY


In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Integrous Resolution Services has adopted a policy of terminating, in appropriate circumstances and at Integrous Resolution Services’s sole discretion, subscribers, account holders or users who are deemed to be repeat infringers. Integrous Resolution Services may also in its sole discretion and at any time discontinue providing the Website, or any part thereof, with or without notice. You agree that any termination of your access to the Website under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Integrous Resolution Services may immediately bar any further access to such files of the Website. Further, you agree that Integrous Resolution Services shall not be liable to you or any third-party for any termination of your access to the Wesbite. Should you object to any terms and conditions of the Agreement or become dissatisfied with the Website in any way, your only recourse is to immediately discontinue your use of the Website.

LINKS


The Website may provide, or third parties may provide, links to other websites or resources. Because Integrous Resolution Services has no control of such sites and resources, you acknowledge and agree that Integrous Resolution Services is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources or the policies or such sites and resources. Integrous Resolution Services is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

PUBLIC REPUTATION


You acknowledge and agree that you will not use any product or stamp ordered from the Website in a way that would be damaging to Integrous Resolution Services’s public reputation or that of its employees, board members, shareholders, licensors, or solution partners. Additionally, you acknowledge that if you choose to display any product or stamp ordered from Integrous Resolution Services, in a public setting, including on the Internet, in a way which disparages Integrous Resolution Services, Integrous Resolution Services’ board members, employees, shareholders or partners, or the United States Postal Service, Integrous Resolution Services reserves the right to demand immediate return of the product, to furthermore pursue all recourses and remedies available under the law, and, in the case of stamps, to invalidate your stamps via cancellation of the bar code. If your stamps are invalidated, Integrous Resolution Services’ sole and exclusive obligation and your sole and exclusive remedy shall be a full refund of all fees paid by you.

DISCLAIMER OF WARRANTIES


YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE AND THE INFORMATION, SERVICES, PRODUCTS, PROGRAMS AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INTEGROUS RESOLUTION SERVICES AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. INTEGROUS RESOLUTION SERVICES DOES NOT MAKE ANY WARRANTY THAT (A) THE WEBSITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR (B) THAT THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (D) THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU AGREE THAT INTEGROUS RESOLUTION SERVICES SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU IN CONNECTION WITH THE SITE OR ANY CONTENT CONTAINED THEREIN. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE. YOU ACKNOWLEDGE THAT TEE SHIRT PALACE DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, INTEGROUS RESOLUTION SERVICES AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE. YOU ACKNOWLEDGE THAT INTEGROUS RESOLUTION SERVICES MAKES NO WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INTEGROUS RESOLUTION SERVICES OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

LIABILITY AND INDEMNITY


UNDER NO CIRCUMSTANCES SHALL INTEGROUS RESOLUTION SERVICES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF INTEGROUS RESOLUTION SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE, FROM INABILITY TO USE THE WEBSITE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

You agree to indemnify and hold Integrous Resolution Services, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of your use of the Website, your violation of the Agreement, your breach of any of the representations and warranties herein, or your violation of any rights of another.

PRIVACY


Your use of the Website and the collection and submission of personal information through the Website is governed by our privacy policy, which can be reached by clicking on the “Privacy Policy” link located both above and below (the “Privacy Policy”). This Agreement incorporates by reference the terms and conditions of the Privacy Policy.

RATES, FEES and PROCEDURES


Hourly Rate:

Except for the informational session which is at no charge, a rate of $250 per hour will be charged for family mediation services. This will apply to time involved in preparing for a mediation, time during the mediation session(s) and time spent following mediation. Before and during a session, this may include the preparation of a written mediation narrative for the parties’ signatures, plus emails and conversations via telephone or face-to-face with the parties (or their counsel). Following a mediation, additional time typically is spent in conversation with or corresponding with the parties (or their counsel) and editing the mediation narrative. A minimum charge of one-tenth of an hour will be billed for phone calls or correspondence; after the first 6 minutes, time will be rounded, either up or down, to the nearest quarter hour. Payment is due at the end of each mediation session. Unless the parties have agreed upon other arrangements, it is assumed each will pay half of the fees due.

Administrative Fee:

A one-time, nonrefundable administrative fee of $100 will be charged for time spent setting up the mediation file, distributing initial documents (if any), scheduling sessions, and for secretarial assistance and office overhead. This charge is not refundable, even if no mediation session is conducted.

Sessions:

Divorce and Family mediation are scheduled as minimum four-hour sessions at an hourly rate of $250 unless Integrous Resolution Services Mediator waives the minimum.

Flat Fee for Marathon Sessions

Sometimes clients wish to intensely mediate for a variety of reasons. Sessions such as these can occur anywhere from 6, 8 and even 10 hours or more in a single day. Integrous Resolution Services makes these sessions available with advanced notice. A retainer is required for sessions accumulating 5 hours or more, minimum $1500.00, with  additional hourly rate as applicable. If you complete your agreement and use less time, you will be refunded the difference of what has not been exhausted in service time.

Most sessions will be conducted at the Integrous Resolution Services Mediator’ss office, located in the Twin Cities or at a conference room in the Courthouse. If the parties or their attorneys wish to conduct the mediation elsewhere, the cost of renting a location will be billed as an additional expense. Miscellaneous expenses at such a location – such as telephone, copying and similar expenses exceeding $25 – are payable by the party incurring such expenses.

Scheduling a Mediation:

To schedule a mediation following the free informational session, the administrative fee and the minimum session charge (unless waived) must be paid. If payment has not been received at least three business days before the scheduled mediation, the scheduled mediation will be postponed or rescheduled – except in unusual circumstances – until payment has been received. To avoid postponing a scheduled mediation, the mediator may require the parties to take a certified check or money order to the mediation. If your mediation has not been canceled or rescheduled, your payment of the minimum session charge will be applied to the last two hours of your final family mediation session. Unless other arrangements have been made in advance, payment for the mediator’s time is expected at the conclusion of each session.

Minimum Session Charge:

A minimum charge of $500  (two hours at the hourly rate) will be billed for a divorce and family mediation session, even if the mediation ends or is terminated before the end of the two-hour period.

Cancellation or Rescheduling of a Mediation Session:

If a session is canceled or rescheduled less than three business days beforehand, the minimum session charge will be forfeited, unless another mediation can be scheduled to fill the time reserved for yours. If you reschedule more than three business days before your appointment, your payment will be credited to your next session, if the mediation can be scheduled within three months of the original appointment. After three months, the minimum session charge is forfeited. The minimum session charge is not refundable.

If a session is canceled less than three days ahead of time because of problems beyond the control of the parties (illness or weather, for example), the parties will not forfeit the minimum session charge. But if the mediation is not rescheduled for a date within 30 days of such an occurrence, in most cases the minimum session charge will be forfeited. If a party fails to appear at a scheduled mediation and such an absence is not caused by sickness, weather problems or other circumstances beyond that person’s control, that party will be responsible for paying the entire fee for that session.

It is assumed that if a session is canceled, both parties will divide the fee equally. If the parties make other arrangements, they should tell the mediator at the time the session is canceled or rescheduled. The parties are responsible for working together to resolve any disputes over sharing mediation fees.

If a payment is not made when it is due, the mediator may stop all work on behalf of the parties – including scheduling future sessions, providing forms or drafting or distributing the mediation narrative agreement – and withdraw from the mediation.

Billable time begins at the start time for the session. At that time, the mediator will be prepared to dedicate uninterrupted time to your mediation. A telephone call advising that you will be late is appreciated, but you still will be charged from the time your mediation was scheduled to begin. Remembering your scheduled mediation time and date is your responsibility; the mediator generally will not call or e-mail you to confirm appointments.

Collection of Fees:

If collection or court action is required to obtain fees and expenses due, the mediator will be entitled to reasonable attorney fees and costs incurred. (For example,  if the parties provide a check for payment that is returned because of insufficient funds in the account,  that requires time for the mediator or someone acting on his behalf to obtain payment for the amount owed.)

Additional Sessions:

If more than one day has been reserved for a mediation and the extra day or days are not required, $500 will be charged for each unused day.

Travel Time:

The first hour of travel time by the mediator (per mediation session) will not be billable; travel time that exceeds one hour (per mediation session) will be billed at $75 per hour ($18.75 per quarter hour).

Responsibility:

The parties agree to be jointly liable for the mediator’s fees and expenses. Unless the parties agree otherwise, each is responsible for half of the charges incurred.

Income-Based Mediation Rates:

For those who may have reduced means, discounted mediation services are available based on a client’s income. Generally, the rates are based on the poverty guidelines updated periodically in the Federal Register by the U.S. Department of Health and Human Services under the authority of 42 U.S.C. 9902(2).

Family Mediations
If parties together make: Percentage of normal $250 fee to be paid: Discounted hourly rate:
$25,000 or less 50%  $125.00
$25,001 – $30,000 63%  $157.50
$30,001 – $37,000 75%  $187.50
$37,001 – $44,000 88%  $220.00
$44,000 or more 100% $250.00

 

A similar pro rata discount is applied to the $100 administrative fee. As an example, if your income is equal to (or less than) the minimum amount of $25,000, the administrative fee would be 50 percent of the normal amount, or $50. Similarly, at the 75 percent level ($30,001-$37,000), the administrative fee would be $75, and at $44,001 or more, the regular $100 fee would be payable.  Income-based mediation fees are intended to be revised annually based on the federal government’s poverty guidelines.

The mediator reserves the right to revise this schedule and to limit the number of clients receiving the discount at any given time, taking into account other clients presently being served. You may be asked to provide proof of your income to qualify for these rates. Generally, a copy of your tax return for the previous year will be sufficient.

TRANSACTIONS


Integrous Resolution Services, in its sole discretion, reserves the right to refuse any order placed with us or limit quantities purchased per person, per household or per order. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

SEVERABILITY


If any provision of this Agreement is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of this Agreement shall in no way be affected or impaired.

GOVERNING LAW/ MISCELLANEOUS TERMS


This Agreement shall be construed in accordance with the laws of the State of Minnesota, without regard to its conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of Minnesota, County of Dakota and/or the First Judicial District of the State of Minnesota. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Integrous Resolution Services’s right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Website and its Contents.

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