SplitSmart Platform Terms of Use

1. Acceptance of the Terms of Use

These terms of use are entered into by and between you (either as an individual or on behalf of the legal entity you represent) and SplitSmart Inc. (“SplitSmart”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the “Terms of Use”), govern your access to and use of www.splitsmart.com and www.splitsmart.net and related websites (the “Websites”) including any content, functionality, applications, software and services offered on or through the Websites and any SplitSmart mobile or desktop apps  (collectively, the “SplitSmart Platform”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the SplitSmart Platform. By using the SplitSmart Platform, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and the SplitSmart Privacy Policy, found at https://splitsmart.com/privacy-policy/ and incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the SplitSmart Platform.

This SplitSmart Platform is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this SplitSmart Platform, you represent and warrant that you are of legal age to form a binding contract with SplitSmart and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the SplitSmart Platform.

2. Changes to the Terms of Use

SplitSmart may revise and update these Terms of Use from time to time in its sole discretion. All changes are effective immediately when SplitSmart posts them and apply to all access to and use of the SplitSmart Platform thereafter. However, any changes to the dispute resolution provisions set forth in the Governing Law and Jurisdiction section will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the SplitSmart Platform.

Your continued use of the SplitSmart Platform following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently, so you are aware of any changes, as they are binding on you.

3. Accessing the SplitSmart Platform and Account Security

SplitSmart reserves the right to withdraw or amend the SplitSmart Platform, and any service or material provided on the SplitSmart Platform, in SplitSmart’s sole discretion without notice. SplitSmart will not be liable if for any reason all or any part of the SplitSmart Platform is unavailable at any time or for any period. From time to time, SplitSmart may restrict access to some parts of the SplitSmart Platform, or the entire SplitSmart Platform, to users, including registered users.

You are responsible for:

• Making all arrangements necessary for you to have access to the SplitSmart Platform.
• Ensuring that all persons who access the SplitSmart Platform through your internet connection are aware of these Terms of Use and comply with them.

To access the SplitSmart Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the SplitSmart Platform that all the information you provide on the SplitSmart Platform is correct, current and complete. You agree that all information you provide to register with this SplitSmart Platform, post on the SplitSmart Platform, or otherwise, including but not limited to through the use of any interactive features on the SplitSmart Platform, is governed by the SplitSmart Privacy Policy, and you consent to all actions SplitSmart takes with respect to your information consistent with the Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of SplitSmart security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this SplitSmart Platform or portions of it using your user name, password or other security information. You will be responsible for all activities that occur under that password.  You agree to notify SplitSmart immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

You also represent and warrant that: (i) you will not select or utilize a user name of another person with intent to impersonate that person; (ii) you will not select or utilize a user name in which another person has rights, if you do not have that person's authorization to use such name; and (iii) you will not select or utilize a user name that SplitSmart in its sole discretion deems offensive.

SplitSmart has the right to disable any user name, password or other identifier, whether chosen by you or provided by SplitSmart, at any time in its sole discretion for any or no reason, including if, in SplitSmart’s opinion, you have violated any provision of these Terms of Use.

4. Intellectual Property Rights

The SplitSmart Platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by SplitSmart, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the SplitSmart Platform for your personal, non-commercial use only, or for legitimate business purposes relating to your role as a potential or current supplier or customer of SplitSmart subject to any separate agreement (including a Services Agreement) with SplitSmart. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the SplitSmart Platform, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the SplitSmart Platform for your own personal, non-commercial use, or for legitimate business purposes relating to your role as a potential or current supplier or customer of SplitSmart, and not for further reproduction, publication or distribution.
• If SplitSmart provides desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by SplitSmart’s end user license or services agreement for such applications.

You must not:

• Modify copies of any materials from the SplitSmart Platform.
• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the SplitSmart Platform.

Except as otherwise agreed to between you and SplitSmart, you must not access or use for any commercial purposes any part of the SplitSmart Platform or any services or materials available through the SplitSmart Platform.

If you wish to make any use of material on the SplitSmart Platform other than that set out in this section, please address your request to: support@splitsmart.com.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the SplitSmart Platform in breach of the Terms of Use, your right to use the SplitSmart Platform will cease immediately and you must, at SplitSmart’s option, return or destroy any copies of the materials you have made. No right, title or interest in or to the SplitSmart Platform or any content on the SplitSmart Platform is transferred to you, and all rights not expressly granted are reserved by SplitSmart. Any use of the SplitSmart Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

5. Trademarks

The SplitSmart name, SplitSmart logo, and all related names, logos, product and service names, designs and slogans are trademarks of SplitSmart or its affiliates or licensors. You must not use such marks without the prior written permission of SplitSmart. All other names, logos, product and service names, designs and slogans on this SplitSmart Platform are the trademarks of their respective owners.

6. Prohibited Uses

You may use the SplitSmart Platform only for lawful purposes and in accordance with these Terms of Use. You agree not to use the SplitSmart Platform:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
• To impersonate or attempt to impersonate SplitSmart, a SplitSmart employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the SplitSmart Platform, or which, as determined by SplitSmart, may harm SplitSmart or users of the SplitSmart Platform or expose them to liability.

Additionally, you agree not to:

• Use the SplitSmart Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the SplitSmart Platform, including their ability to engage in real time activities through the SplitSmart Platform.
• Use any robot, spider or other automatic device, process or means to access the SplitSmart Platform for any purpose, including monitoring or copying any of the material on the SplitSmart Platform.
• Use any manual process to monitor or copy any of the material on the SplitSmart Platform or for any other unauthorized purpose without SplitSmart’s prior written consent.
• Use any device, software or routine that interferes with the proper working of the SplitSmart Platform.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the SplitSmart Platform, the server on which the SplitSmart Platform is stored, or any server, computer or database connected to the SplitSmart Platform.
• Attack the SplitSmart Platform via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the SplitSmart Platform.

7. User Contributions

The SplitSmart Platform may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, blogs, community areas and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the SplitSmart Platform.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the SplitSmart Platform will be considered non-confidential and non-proprietary. By providing any User Contribution on the SplitSmart Platform, you grant SplitSmart and its affiliates and service providers, and each of their and SplitSmart’s respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to SplitSmart and SplitSmart’s affiliates and service providers, and each of their and SplitSmart’s respective licensees, successors and assigns.
• All of your User Contributions are truthful, accurate, appropriate and comply with applicable law.
• All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not SplitSmart, has full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

SplitSmart is not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the SplitSmart Platform.

8. Monitoring and Enforcement; Termination

SplitSmart has the right to:

• Remove or refuse to post any User Contributions for any or no reason in its sole discretion. SplitSmart may add, change, discontinue, remove, edit or suspend such User Contributions at any time for any reason without notice to you, without your permission, and without liability.
• Take any action with respect to any User Contribution that SplitSmart deems necessary or appropriate in SplitSmart’s sole discretion, including if SplitSmart believes that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the SplitSmart Platform or the public or could create liability for SplitSmart.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the SplitSmart Platform.
• Terminate or suspend your access to all or part of the SplitSmart Platform for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, SplitSmart has the right to fully cooperate with any law enforcement authorities or court order requesting or directing SplitSmart to disclose the identity or other information of anyone posting any materials on or through the SplitSmart Platform. YOU WAIVE AND HOLD HARMLESS SPLITSMART AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, SplitSmart cannot and does not undertake to review all material before it is posted on the SplitSmart Platform and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, SplitSmart assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. SplitSmart has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

9. Content Standards

These content standards (the “Content Standards”) apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and SplitSmart’s Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote or assist any unlawful act.
• Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
• Give the impression that they emanate from or are endorsed by SplitSmart or any other person or entity, if this is not the case.

10. Copyright Infringement

If you believe that any User Contributions violate your copyright, please see SplitSmart’s Copyright Policy set forth below for instructions on sending SplitSmart a notice of copyright infringement. It is the policy of SplitSmart to terminate the user accounts of repeat infringers.

11. Reliance on Information Posted

The information presented on or through the SplitSmart Platform is made available solely for general information purposes. SplitSmart does not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. SplitSmart disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the SplitSmart Platform, or by anyone who may be informed of any of its contents.

The SplitSmart Platform includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by SplitSmart, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of SplitSmart. SplitSmart is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

12. Changes to the SplitSmart Platform

SplitSmart may update the content on the SplitSmart Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the SplitSmart Platform may be out of date at any given time, and SplitSmart is under no obligation to update such material.

13. Information About You and Your Visits to the SplitSmart Platform

All information SplitSmart collects on this SplitSmart Platform is subject to SplitSmart’s Privacy Policy. By using the SplitSmart Platform, you consent to all actions taken by SplitSmart with respect to your information in compliance with the Privacy Policy.

14. Online Purchases and Other Terms and Conditions

All purchases through the SplitSmart Platform or other transactions for the sale of services or information formed through the SplitSmart Platform or as a result of visits made by you are governed by SplitSmart’s Terms of Service, located at www.splitsmart.com/termsofservice which are hereby incorporated into these Terms of Use.

Additional terms and conditions may also apply to specific portions, services or features of the SplitSmart Platform. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

15. Linking to the SplitSmart Platform and Social Media Features

You may link to SplitSmart’s homepage, provided you do so in a way that is fair and legal and does not damage SplitSmart’s 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 SplitSmart’s part without SplitSmart’s express written consent.

The SplitSmart Platform may provide certain social media features that enable you to:

• Link from your own or certain third-party SplitSmart Platforms to certain content on the SplitSmart Platform.
• Send e-mails or other communications with certain content, or links to certain content, on the SplitSmart Platform.
• Cause limited portions of content on the SplitSmart Platform to be displayed or appear to be displayed on your own or certain third-party SplitSmart Platforms.

You may use these features solely as they are provided by SplitSmart, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions SplitSmart provides with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any SplitSmart Platform that is not owned by you.
• Cause the SplitSmart Platform or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
• Link to any part of the SplitSmart Platform other than the homepage.
• Otherwise take any action with respect to the materials on the SplitSmart Platform that is inconsistent with any other provision of these Terms of Use.

The SplitSmart Platform from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with SplitSmart in causing any unauthorized framing or linking immediately to cease. SplitSmart reserves the right to withdraw linking permission without notice.

SplitSmart may disable all or any social media features and any links at any time without notice in SplitSmart’s discretion.

16. Links from the SplitSmart Platform

If the SplitSmart Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. SplitSmart has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party SplitSmart Platforms linked to this SplitSmart Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such SplitSmart Platforms.

17. Geographic Restrictions

The owner of the SplitSmart Platform, SplitSmart, is based in the state of Colorado in the United States. SplitSmart provides this SplitSmart Platform for use only by persons located in the United States. SplitSmart makes no claims that the SplitSmart Platform or any of its content is accessible or appropriate outside of the United States. Access to the SplitSmart Platform may not be legal by certain persons or in certain countries. If you access the SplitSmart Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

18. Disclaimer of Warranties

You understand that SplitSmart cannot and does not guarantee or warrant that files available for downloading from the internet or the SplitSmart Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the SplitSmart Platform for any reconstruction of any lost data. SPLITSMART WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SPLITSMART PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SPLITSMART PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SPLITSMART PLATFORM LINKED TO IT.

YOUR USE OF THE SPLITSMART PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SPLITSMART PLATFORM IS AT YOUR OWN RISK. THE SPLITSMART PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SPLITSMART PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SPLITSMART NOR ANY PERSON ASSOCIATED WITH SPLITSMART MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SPLITSMART PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER SPLITSMART NOR ANYONE ASSOCIATED WITH SPLITSMART REPRESENTS OR WARRANTS THAT THE SPLITSMART PLATFORM, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SPLITSMART PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT SPLITSMART’S SPLITSMART PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SPLITSMART PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SPLITSMART PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

SPLITSMART HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THE SPLITSMART PLATFORM IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR USER CONTENT MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR USER CONTENT TO SPLITSMART AND BY POSTING INFORMATION ON THE SPLITSMART PLATFORM, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND SPLITSMART OTHER THAN PURSUANT TO THESE TERMS OF USE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD OR SEEK TO HOLD SPLITSMART OR ANY THIRD-PARTY PROVIDER RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY USER.

19. Limitation on Liability

IN NO EVENT WILL SPLITSMART, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SPLITSMART PLATFORM, ANY SPLITSMART PLATFORMS LINKED TO IT, ANY CONTENT ON THE SPLITSMART PLATFORM OR SUCH OTHER SPLITSMART PLATFORMS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SPLITSMART PLATFORM OR SUCH OTHER SPLITSMART PLATFORMS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

IF YOU ARE DISSATISFIED WITH THE SPLITSMART PLATFORM, YOU DO NOT AGREE WITH ANY PART OF THE TERMS OF USE OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST SPLITSMART, ANY THIRD-PARTY PROVIDER OR ANY USER OF THE SPLITSMART PLATFORM, WITH RESPECT TO THESE TERMS OF USE, OR THE SPLITSMART PLATFORM, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST SPLITSMART IS TO DISCONTINUE USING THE SPLITSMART PLATFORM. IN ALL EVENTS, SPLITSMART’S TOTAL LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE FURNISHED FINDER PLATFORM IS LIMITED TO THE AMOUNT OF FEES YOU PAY TO SPLITMSART IN THE TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

20. Indemnification

You agree to defend, indemnify and hold harmless SplitSmart, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the SplitSmart Platform, including, but not limited to, your User Contributions, any use of the SplitSmart Platform's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the SplitSmart Platform.

21. Governing Law and Jurisdiction

All matters relating to the SplitSmart Platform and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the SplitSmart Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado in each case located in the City and County of Denver, although SplitSmart retains the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

22. Arbitration

At SplitSmart's sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the SplitSmart Platform, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Colorado law.

23. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SPLITSMART PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

24. Waiver and Severability

No waiver by SplitSmart of any term or condition set forth in the Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of SplitSmart to assert a right or provision under the Terms of Use shall not constitute a waiver of such right or provision.

If any provision of the Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

25. Entire Agreement

The Terms of Use, Privacy Policy, and any other documents referenced in the Terms of Use, and any services agreement or license terms between the parties, including any Terms of Service, constitute the sole and entire agreement between you and SplitSmart with respect to the SplitSmart Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the SplitSmart Platform.

26. Your Comments and Concerns

This SplitSmart Platform is operated by SplitSmart Inc.

All notices of copyright infringement claims should be sent to the copyright agent designated in SplitSmart’s Copyright Policy as set forth below in the manner and by the means set forth therein.

All other feedback, comments, requests for technical support and other communications relating to the SplitSmart Platform should be directed to: support@splitsmart.com.

Copyright Policy

REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT

SplitSmart takes claims of copyright infringement seriously. SplitSmart will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this site (the “SplitSmart Platform”) infringe your copyright, you may request removal of those materials (or access to them) from the SplitSmart Platform by submitting written notification to SplitSmart’s copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

• Your physical or electronic signature.
• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the SplitSmart Platform, a representative list of such works.
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow SplitSmart to locate that material.
• Adequate information by which SplitSmart can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the written notice is accurate.
• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

SplitSmart’s designated copyright agent to receive DMCA Notices is:

NAME:            DMCA Agent

                        SplitSmart, Inc.

ADDRESS:      8035 Lee Drive, #202

                        Arvada, CO. 80005

EMAIL:           croberts@splitsmart.com

PHONE:           720-507-4758

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the SplitSmart Platform is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

COUNTER-NOTIFICATION PROCEDURES

If you believe that material you posted on the SplitSmart Platform was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with SplitSmart (a “Counter-Notice”) by submitting written notification to SplitSmart’s copyright agent designated above. Pursuant to the DMCA, the Counter-Notice must include substantially the following:

• Your physical or electronic signature.
• An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
• Adequate information by which SplitSmart can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
• A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the SplitSmart Platform may be found) and that you will accept service from the person (or an agent of that person) who provided the SplitSmart Platform with the complaint at issue.

The DMCA allows SplitSmart to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the SplitSmart Platform was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

REPEAT INFRINGERS

It is SplitSmart’s policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Privacy Policy

1. Introduction

SplitSmart, Inc. (“SplitSmart”) respects your privacy and is committed to protecting it through its compliance with this Privacy Policy (the “Privacy Policy”).

This Privacy Policy describes the types of information SplitSmart may collect from you or that you may provide when you visit www.splitsmart.com, www.splitsmart.net, and related websites (the “Websites”), or the SplitSmart mobile or desktop apps (collectively, the “SplitSmart Platform”), and SplitSmart’s practices for collecting, using, maintaining, protecting, and disclosing that information.

This Privacy Policy applies to information SplitSmart collects:

• On the SplitSmart Platform.
• In email, text, and other electronic messages between you and the SplitSmart Platform or SplitSmart.
• Through web, mobile or desktop applications you download from the SplitSmart Platform, which provide dedicated non-browser-based interaction between you and the SplitSmart Platform.
• When you interact with SplitSmart’s advertising and applications on third-party websites and services, if those applications or advertising include links to this Privacy Policy.

It does not apply to information collected by:

• any third party (including SplitSmart’s affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the SplitSmart Platform

Please read this Privacy Policy carefully to understand SplitSmart’s policies and practices regarding your information and how SplitSmart will treat it. If you do not agree with SplitSmart’s policies and practices, your choice is not to use the SplitSmart Platform. By accessing or using the SplitSmart Platform, you agree to this Privacy Policy. This Privacy Policy may change from time to time (see the Changes to SplitSmart’s Privacy Policy section, below). Your continued use of the SplitSmart Platform after SplitSmart makes changes is deemed to be acceptance of those changes, so please check the Privacy Policy periodically for updates.

2. Children Under the Age of 13

The SplitSmart Platform is not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the SplitSmart Platform. SplitSmart does not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this SplitSmart Platform or on or through any of its features/register on the SplitSmart Platform, make any purchases through the SplitSmart Platform, use any of the interactive or public comment features of this SplitSmart Platform or provide any information about yourself to SplitSmart, including your name, address, telephone number, email address, or any screen name or user name you may use. If SplitSmart learns SplitSmart has collected or received personal information from a child under 13 without verification of parental consent, SplitSmart will delete that information. If you believe SplitSmart might have any information from or about a child under 13, please contact SplitSmart at support@splitsmart.com.

3. Information SplitSmart Collects About You and How SplitSmart Collects It

(a) Collection.  SplitSmart collects several types of information from and about users of the SplitSmart Platform, including information:

• by which you may be personally identified, either alone or in combination with other information available to SplitSmart, such as name, postal address, e-mail address, telephone number, age, background photos of yourself, or other personal information, as further defined under applicable laws (“Personal Information”);
• that is about you but individually does not identify you, such as automatically recorded times and dates of visits to the SplitSmart Platform; and/or
• about your internet connection, the equipment you use to access the SplitSmart Platform and usage details.

           SplitSmart collects this information:

• Directly from you when you provide it to SplitSmart.
• Automatically as you navigate through the SplitSmart Platform. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
• From third parties, for example, SplitSmart’s business partners.
• Information You Provide to Us. The information SplitSmart collects on or through the SplitSmart Platform may include:
• Information that you provide by filling in forms on the SplitSmart Platform. This includes information provided at the time of registering to use the SplitSmart Platform, subscribing to any SplitSmart service, posting material, or requesting further services. SplitSmart may also ask you for information when you report a problem with the SplitSmart Platform.
• Records and copies of your correspondence (including email addresses), if you contact SplitSmart.
• Your responses to surveys that SplitSmart might ask you to complete for research purposes.
• Details of transactions you carry out through the SplitSmart Platform. You may be required to provide financial information before placing an order through the SplitSmart Platform.
• Your search queries on the Website.
• Data provided by you, or made available to SplitSmart by you, relating to any divorce, family law, or other matter (“Family Law Data”)

You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the SplitSmart Platform or transmitted to other users of the SplitSmart Platform or third parties (collectively, “User Contributions and Content”). Your User Contributions and Content are posted on and transmitted to others at your own risk. Although SplitSmart limits access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, SplitSmart cannot control the actions of other users of the SplitSmart Platform with whom you may choose to share your User Contributions and Content. Therefore, SplitSmart cannot and does not guarantee that your User Contributions and Content will not be viewed by unauthorized persons.

• Information SplitSmart Collects Through Automatic Data Collection Technologies. As you navigate through and interact with the SplitSmart Platform, SplitSmart may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
• Details of your visits to the SplitSmart Platform, including traffic data, location data, logs, and other communication data and the resources that you access and use on the SplitSmart Platform.
• Information about your computer and internet connection, including your IP address, operating system, and browser type.

The information SplitSmart collects automatically is statistical data and may include personal information, or SplitSmart may maintain it or associate it with personal information SplitSmart collects in other ways or receive from third parties. It helps SplitSmart to improve the SplitSmart Platform and to deliver a better and more personalized service, including by enabling SplitSmart to:

• Estimate SplitSmart’s audience size and usage patterns.
• Store information about your preferences, allowing SplitSmart to customize the SplitSmart Platform according to your individual interests.
• Speed up your searches.
• Recognize you when you return to the SplitSmart Platform.

The technologies SplitSmart uses for this automatic data collection may include:

• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of the SplitSmart Platform. Unless you have adjusted your browser setting so that it will refuse cookies, SplitSmart’s system will issue cookies when you direct your browser to the SplitSmart Platform.
• Flash Cookies. Certain features of the SplitSmart Platform may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on the SplitSmart Platform. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How SplitSmart Uses and Discloses Your Information, below.
• Web Beacons. Pages of the SplitSmart Platform and SplitSmart’s e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit SplitSmart, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

4. Third-Party Use of Cookies and Other Tracking Technologies.

Some content or applications, including advertisements, on the SplitSmart Platform are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use the SplitSmart Platform. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

SplitSmart does not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How SplitSmart Uses and Discloses Your Information, below.

5. How SplitSmart Uses Your Information

SplitSmart uses information that SplitSmart collects about you or that you provide to SplitSmart, including any personal information:

• To present the SplitSmart Platform and its contents to you
• To provide you with information, products, or services that you request from SplitSmart
• To Improve your experience using the SplitSmart Platform
• To allow you to post content to the SplitSmart Platform
• To allow you to interact with other users
• To allow you to participate in promotions and programs on the SplitSmart Platform
• To provide information or services you have requested
• To process or maintain your registration on the SplitSmart Platform
• To adapt the services of SplitSmart’s network and community to your needs
• To research the effectiveness of SplitSmart’s network and community
• To develop new tools for SplitSmart’s network and community
• To fulfill any other purpose for which you provide it
• To provide you with notices about your account, including expiration and renewal notices.
• To carry out SplitSmart’s obligations and enforce SplitSmart’s rights arising from any contracts entered into between you and SplitSmart, including for billing and collection
• To notify you about changes to the SplitSmart Platform or any products or services SplitSmart offers or provides though it
• To allow you to participate in interactive features on the SplitSmart Platform
• In any other way SplitSmart may describe when you provide the information
• For any other purpose with your consent

SplitSmart may also use your information to contact you about goods and services that may be of interest to you. If you do not want SplitSmart to use your information in this way, please adjust your user preferences in your account profile. For more information, see Choices About How SplitSmart Uses and Discloses Your Information.

SplitSmart may use the information SplitSmart has collected from you to enable SplitSmart to display advertisements to SplitSmart’s advertisers' target audiences. Even though SplitSmart does not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

6. Disclosure of Your Information

SplitSmart may disclose aggregated information about SplitSmart’s users, and information that does not identify any individual, without restriction.

SplitSmart may disclose personal information that SplitSmart collects or you provide as described in this Privacy Policy:

• To SplitSmart’s subsidiaries and affiliates.
• To contractors, service providers, and other third parties SplitSmart uses to support SplitSmart’s business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which SplitSmart discloses it to them.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of SplitSmart's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by SplitSmart about SplitSmart Platform users is among the assets transferred.
• Except for Family Law Data, to third parties to market their products or services to you if you have not opted out of these disclosures. For more information, see Choices About How SplitSmart Uses and Discloses Your Information.
• To fulfill the purpose for which you provide it.
• Family Law Data disclosures will be made to those SplitSmart Platform users you have allowed to have access to the data (e.g. lawyers, judges, mediators, arbitrators, opposing parties, etc.)
• For any other purpose disclosed by SplitSmart when you provide the information.
• With your consent.

SplitSmart may also disclose your personal information:

• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
• To enforce or apply the SplitSmart Terms of Use and other agreements, including for billing and collection purposes.

If SplitSmart believes disclosure is necessary or appropriate to protect the rights, property, or safety of SplitSmart, SplitSmart’s customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction. 7.        Choices About How SplitSmart Uses and Discloses Your Information

SplitSmart strives to provide you with choices regarding the personal information you provide to SplitSmart. SplitSmart has created mechanisms to provide you with the following control over your information:

• Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
• Promotional Offers from SplitSmart. If you do not wish to have your [email address/contact information] used by SplitSmart to promote SplitSmart’s own or third parties' products or services, you can opt-out by checking the relevant box located on the form on which we collect your data or at any other time by logging into the Website and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to support@splitsmart.com If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided to SplitSmart as a result of a product purchase, warranty registration, product service experience or other transactions.

SplitSmart does not control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.

8. Your California Privacy Rights

California Civil Code Section § 1798.83 permits users of SplitSmart’s SplitSmart Platform that are California residents to request certain information regarding SplitSmart’s disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to support@splitsmart.com or write SplitSmart at: 8035 Lee Drive, #202, Arvada, CO 80005.

9. Data Security

SplitSmart has implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Where SplitSmart has given you (or where you have chosen) a password for access to certain parts of the SplitSmart Platform, you are responsible for keeping this password confidential. SplitSmart asks you not to share your password with anyone. SplitSmart urges you to be careful about giving out information in public areas of the SplitSmart Platform. The information you share in public areas may be viewed by any user of the SplitSmart Platform.

Unfortunately, the transmission of information via the internet is not completely secure. SplitSmart cannot guarantee the security of your personal information transmitted to the SplitSmart Platform. Any transmission of personal information is at your own risk. SplitSmart is not responsible for circumvention of any privacy settings or security measures contained on the SplitSmart Platform.

10. Changes to the Privacy Policy

It is SplitSmart’s policy to post any changes to SplitSmart’s Privacy Policy on this page. If SplitSmart makes material changes to how SplitSmart treats users' personal information, SplitSmart will notify you. The date the Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring SplitSmart has an up-to-date active and deliverable email address for you, and for periodically visiting the SplitSmart Platform and this Privacy Policy to check for any changes.

11. Contact Information

To ask questions or comment about this Privacy Policy and SplitSmart’s privacy practices, contact SplitSmart at:

SplitSmart, Inc. 

support@splitsmart.com