Terms and Conditions of Use
1. Acceptance of Terms and Conditions of Use
These Terms and Conditions of Use (the “Terms”) govern your access to and use of the services offered by Split Technologies, Inc. and its affiliates and subsidiaries (collectively, "Split", “we”, or “us”), including our website www.split.co (the “Site”) and our downloadable application (the “App”, and together with the Site, the “Services”), and any information, text, graphics, photos, or other material uploaded to, downloaded from, or appearing on the Services (collectively, the “Content”). Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services, you agree to be bound by these Terms.
You are responsible for safeguarding the password that you use to access the Services. When formulating your password, use a combination of upper and lower case letters, numbers, and symbols to maximize the strength of your password. We are not responsible for any loss or damage that arises from your failure to comply with this section.
4. How it works
Through the Services, we allow you to share recommendations for third party products and services with your family and friends ("Referrals"). For each Referral you share, you earn SplitCoin, which can be redeemed for gift cards and other products. For more detail regarding the redemption process and additional methods by which you may earn SplitCoin, visit our website: www.split.co. You understand that we may, for any reason whatsoever, (i) suspend or terminate your account; (ii) revoke, delete, or adjust your SplitCoin balance; or (iii) take such other actions with respect to your account that we deem advisable. You understand that if your account with us is inactive for a period longer than one (1) year, we may in our sole discretion reduce or eliminate your SplitCoin balance. You understand that we may deny you access to the Services if you attempt to download the App or use the Services from outside the United States of America. YOU AGREE THAT IF WE DETECT FRAUDULENT ACTIVITY IN CONNECTION WITH YOUR ACCOUNT (I.E., QUESTIONABLE OR ILLEGITIMATE REFERRALS) THAT HAVE RESULTED IN A MONETARY LOSS FOR US, YOU SHALL BE LIABLE TO US FOR (I) AN AMOUNT EQUAL TO THE LOSS WE INCURRED; (II) ATTORNEYS' FEES AND COURT COSTS; AND (III) ANY ENHANCED OR PUNITIVE DAMAGES AVAILABLE TO US UNDER THE LAW OR IN EQUITY.
5. Use of the Services
You agree to use the Services in a manner consistent with any and all applicable laws, rules and regulations. You agree not to upload or transmit to or through the Services any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification to, tampering with or change to any information, or any interference with the availability of or access to the Services is strictly prohibited. You will not hack into or otherwise gain unauthorized access to the Services, our computer systems, or the computer systems of other users of the Services. You will not engage in any data mining in connection with the Services. You will not reverse engineer or decompile any part of the Services. You may not use any robot, spider, scraper, or other automated means to access the Services. You will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You will only use the Services for the purposes described herein, and you shall not use the Services in an effort to duplicate any related source or object code or otherwise create any derivative (in whole or part) products or services. We reserve all rights and remedies available to us including reporting any breach to the relevant law enforcement authorities and cooperating with those authorities by disclosing your identity to them.
The Services includes certain tools that you may access only as part of the Services. You are not otherwise being given a license to such tools. With respect to any other materials available through the Services as to which we are the copyright owner and as to which you have properly gained access, we hereby grant you a limited, revocable license to download and print copies but only in connection with the purposes for which you were granted access to the Services and only if you do not remove, modify or obscure any copyright, trademark, or other proprietary notices.
All Content not originating with us is provided for your interest and convenience only, and we do not endorse these materials nor the third parties who supply them, nor do we warrant or represent that these materials are current, accurate, complete or reliable. You understand that by using the Services, you may be exposed to Content that that might be offensive, harmful, inaccurate, deceptive, or otherwise inappropriate. Under no circumstances shall we be liable in any way for any Content or any loss or damage of any kind incurred as a result of the use of the Content.
You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting, or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free, sub-licensable, license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such Content in any and all media (whether known or later developed).
7. Links to Third Party Sites
The Services may provide links to sites operated by third parties. The linked sites are not under our control, and we are not responsible for the content of any linked site or subsequent links from that site. We may provide links only as a courtesy to our users, but such links do not (and will not) imply our endorsement of any linked site. You shall not hold us responsible for any products you purchase at via any third party sites, regardless of whether you obtained the link to such products via the Services.
8. Linking to the Site
We do not object to you linking directly to the information that is hosted on the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You may not establish a link to the Site from any website that is not owned by you. The Site must not be framed on any other site. We may withdraw linking permission without notice.
9. User Registration
To obtain access to the Services, you may be required to complete a registration or log in via your Facebook account. You agree that you will provide true, accurate, current and complete information about yourself or your company as prompted by the registration process and that you will update that information as necessary to maintain its accuracy. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You accept responsibility for all activities that occur under your account or password and such use shall be deemed to be use by you. You will ensure that all use of your account fully complies with these Terms. Transfer of the account by you to any other person or entity is prohibited.
10. No Endorsement
We do not endorse any third parties using the Services. By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of third parties will be limited to a claim against the party who caused the harm. You agree not to attempt to impose liability on, or seek any legal remedy from us with respect to such actions or omissions.
11. Submitted Information
If you submit any information to us by e-mail, through a form on the Site or the App, or in any other manner, including any comments, remarks, suggestions, ideas, notes, drawings, graphics, concepts, or other information, you hereby grant us a limited, revocable license (or sublicense, as the case may be) to use such material (including all associated intellectual property rights) for any purpose, without your consent or any compensation to you or anyone else.
In connection with your use of the Services, you agree not to submit or transmit any material that is unlawful, threatening, libelous, defamatory, obscene, pornographic, profane, or might in any other way violate any law, regulation, or rule. You are solely responsible for any material you submit through the Services. You further agree not to upload, email, post or transmit to, or distribute or otherwise publish through the Services any material which disrupts the normal operation of the Services, including posting or otherwise transmitting material that is not related to the subject at issue or otherwise restricts or inhibits any other user from using the Services.
Through your usage of the Services, you may submit and/or we may gather certain limited information about you and your web site usage, and we may use this information in accordance with the Policy (which is part of the Terms and incorporated herein by reference).
12. Disclaimer of Warranties
ALL CONTENT AND SERVICES INCLUDED ON OR AVAILABLE THROUGH THE SERVICES (COLLECTIVELY, THE "OUR MATERIALS") ARE PROVIDED "AS IS", "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, BY EITHER US OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION OR PRODUCTION OF OUR MATERIALS, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTY THAT OUR MATERIALS ARE ACCURATE, RELIABLE OR CORRECT; THAT OUR MATERIALS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT THE SERVICES OR DATA OF YOURS OR ABOUT YOU ARE SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT OUR MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT THE SERVICES WILL BE COMPATIBLE WITH ANY HARDWARE OR SYSTEMS SOFTWARE CONFIGURATION; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS PROVIDED BY US.
13 . Limitation of Liablility
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES OR INABILITY TO USE THE SERVICES, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, USE OF DATA, OR LOSS OF USE RELATED TO THE SITE OR ANY WEBSITE OPERATED BY ANY THIRD PARTY. IF YOU ARE DISSATISFIED WITH US, THE SERVICES OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED $100.00.
You agree to defend, indemnify, and hold us and our employees, contractors, officers and directors harmless from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of the Services or the Content therein. We reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
15. Trademarks, Trade Names and Service Marks
Unless otherwise indicated, all logos, names, package designs, and marks on the Site or in the App are trademarks or service marks owned or used under license by us. The use or misuse of any of these marks or other information is strictly prohibited.
16. Choice of Law
The Terms shall, for all domestic and international purposes, be governed, interpreted, construed, and enforced solely and exclusively in accordance with the laws of the State of Indiana, U.S.A., without regard to conflicts of law provisions. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms or your use of the Site or the Content shall be filed only in the state or federal courts located in the State of Indiana, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. All actions or proceedings arising out of or relating to the Terms shall be venued exclusively in state and federal court in Indiana. You waive any objection you may now or hereafter have with respect to venue or to convenience of such forum.
17. Integration and Severability
The Terms constitute the entire agreement between you and us with respect to the Services and supersede all prior or contemporaneous communications and proposals with respect to the Site. If any provision of the Terms is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect.
Our failure at any time to require performance of any provision of the Terms (including the Policy, which is incorporated by reference) or to exercise any right provided for herein or by law shall not be deemed a waiver of such provision or such right. All waivers must be in writing and signed by an authorized representative of us. Unless the written waiver contains an express statement to the contrary, no waiver by us of any breach of any provision of the Terms of any right provided for herein or by law shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms.
We reserve the right, in our sole discretion, to terminate your access to all or part of the Services, with or without notice.
Our Commitment To Privacy
Our web servers collect the domain names of users of the Services, however, they do not recognize individual email addresses. Aggregate information showing the IP addresses and/or domain names of visitors, the number of visits, average time spent, pages viewed, etc. is collected and used only for internal review to measure the overall use of our Services and provide direction for its continuous improvement. This information is not sold to or shared with other organizations for commercial purposes.
The Services are not intended to or designed to solicit personal health information. We do not collect personal health information.
Sharing of Information
Except as set forth in this Policy, we do not share your Personal Information unless you have given us permission to do so, for example, by checking the box allowing us to share your Personal Information with our marketing partners.
We may also disclose personally identifiable information based on a good-faith belief that such disclosure is necessary to conform to or comply with the law or that such disclosure is necessary to protect our website visitors or the general public.
If we are involved in a sale of a substantial portion of its business assets, Anonymous and Personal Information may be among the transferred assets.
Privacy of Children
RETENTION OF INFORMATION
Our Commitment to Data Security
We utilize appropriate physical, electronic, and managerial procedures to guard our online visitors' Personal Information against unauthorized access and use, including Secure Sockets Layer (SSL) encryption technology to protect credit card data transmission during online store purchases. All Personal Information is stored on secured servers, behind a firewall at a data center with access to data strictly controlled and all information is protected by our security measures, which are periodically reviewed.
We may provide links to other sites, and we make every effort to only link to sites that share our high standards and respect for privacy. However, we are not responsible for the collection or use of your Personal or Anonymous Information at any third party sites. Therefore, we disclaim any liability for any third party's use of your Personal or Anonymous Information obtained through using the third party website.
Accessing, Correcting, and Deleting Personal Information
Visitors may modify Personal Information stored by us by accessing their account. Stored Personal Information does not expire and is retained until you request that it be deleted from our database. If you would like to remove your name and Personal Information from our records, please write to us at: email@example.com
Please include your full name, email address and phone number in case we have questions.
You can opt-out of use of the Services or unsubscribe from receiving emails or text messages from us by following the instructions on any emails or text messages that you receive from us. In addition, with text messages, you can opt-out by replying STOP at anytime and you can receive assistance by replying HELP.
When you send an email to us, you are communicating with us electronically. You thereby consent to receive communications from us electronically. We may communicate with you by email or by posting notices via the Services. All agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
YOUR CALIFORNIA PRIVACY RIGHTS
Beginning January 1, 2005, California law permits individuals who are California residents to request once in any calendar year certain information regarding our disclosure of Personal Information to third parties for marketing purposes. To make such a request, please contact us by email at firstname.lastname@example.org or send us feedback on our website: www.split.co