Terms of Use

Introduction

Welcome to Splittrees! By accessing, registering for, or using our services in any way, including browsing the site, you agree to be bound by this User Agreement and all other operating rules, policies, and procedures that may be published on the site from time to time. These rules, policies, and procedures are incorporated by reference and may be updated periodically without notice to you.

Additional Terms

Certain services may have additional terms and conditions specified by us from time to time. Your use of such services is subject to those additional terms and conditions, which are also incorporated into this User Agreement by this reference.

Applicability

This User Agreement applies to all users of our services, including contributors of content, information, and other materials, whether registered or not.

Arbitration and Class Action Waiver

EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Eligibility

You must be at least 18 years of age to use our services. If you are under 18, you are not permitted to use the services for any reason. We reserve the right to refuse services to any person or entity and may change our eligibility criteria at any time. You are responsible for ensuring that your use of our services complies with all applicable laws, rules, and regulations.

Content

Definition

For the purposes of this User Agreement, “Content” includes, but is not limited to, information, data, text, photographs, videos, audio clips, written posts, articles, comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible through our services. “Content” also includes all User Content as defined below.

User Content

All content added, created, uploaded, submitted, distributed, or posted to the services by users (collectively “User Content”) is the sole responsibility of the person who originated such content. You represent that all User Content provided by you is accurate, complete, up-to-date, and compliant with all applicable laws. You acknowledge that accessing any content, including User Content, through our services is at your own risk.

Notices and Restrictions

Our services may contain content provided by us, our partners, or our users, and such content is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. You must abide by all copyright notices, information, and restrictions contained in any content accessed through our services.

Availability of Content

We do not guarantee that any content will be available on the site or through the services. We reserve the right to remove, edit, modify, or block any content at any time, without notice, and for any reason, including if we believe you may have violated this User Agreement.

Rules of Conduct

You agree not to use our services for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the services. You shall not:

  • Infringe any patent, trademark, trade secret, copyright, right of publicity, or other right of any person or entity.
  • Post any false, misleading, or inaccurate content.
  • Post unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, or offensive content.
  • Post unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”).
  • Post content containing software viruses or other harmful components.
  • Impersonate any person or entity, including our employees or representatives.
  • Post anyone’s identification documents or sensitive financial information.

You must not:

  • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
  • Interfere with the proper working of the services.
  • Bypass any measures we use to prevent or restrict access to the services.
  • Run any form of auto-responder or “spam” on the services.
  • Use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the site.
  • Harvest or scrape any content from the services.
  • Otherwise take any action in violation of our guidelines and policies.

You shall not:

  • Decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the services.
  • Modify, translate, or create derivative works of any part of the services.
  • Copy, rent, lease, distribute, or otherwise transfer any of the rights you receive hereunder.
  • Abide by all applicable local, state, national, and international laws and regulations.

We reserve the right to access, read, preserve, and disclose any information as necessary to:

  • Satisfy any applicable law, regulation, legal process, or governmental request.
  • Enforce this User Agreement.
  • Detect, prevent, or address fraud, security, or technical issues.
  • Respond to user support requests.
  • Protect our rights, property, or safety and that of our users and the public.

Third-Party Services

Our services may contain links to other websites, services, or resources on the internet. These links are not under our control, and we are not responsible or liable for the content, functions, accuracy, legality, or appropriateness of such websites or resources. You acknowledge and agree that we are not responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through such websites or resources.

Termination

We may terminate your access to all or any part of the services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your account, you may do so by following the instructions on the site. All provisions of this User Agreement which by their nature should survive termination shall survive termination, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Warranty Disclaimer

We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding:

  • Which users gain access to the services.
  • What content you access via the services.
  • How you may interpret or use the content.

You release us from all liability for you having acquired or not acquired content through the services. We make no representations concerning any content contained in or accessed through the services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or content contained in or accessed through the services.

THE SERVICES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE. WE, OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.

Indemnification

You agree to defend, indemnify, and hold harmless us, our affiliates, and each of our and their respective employees, contractors, directors, suppliers, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the services, content, or otherwise from your User Content, violation of this User Agreement, or infringement by you, or any third party using your account or identity in the services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

Governing Law and Jurisdiction

This User Agreement shall be governed by and construed in accordance with the laws of the United States of America. You agree that any dispute arising from or related to the subject matter of this User Agreement shall be governed by the exclusive jurisdiction of the courts of the United States of America.

Modification

We reserve the right, in our sole discretion, to modify or replace any part of this User Agreement, or change, suspend, or discontinue the services at any time by posting a notice on the site or by sending you notice through the services, via email, or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the services without notice or liability. While we will timely provide notice of modifications, it is your responsibility to check this User Agreement periodically for changes. Your continued use of the services following notification of any changes to this User Agreement constitutes acceptance of those changes.

Miscellaneous

Entire Agreement and Severability

This User Agreement constitutes the entire agreement between you and us regarding the use of the services and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and us regarding the services. If any provision of this User Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this User Agreement will otherwise remain in full force and effect and enforceable. The failure of either party to exercise any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Force Majeure

We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including mechanical, electronic, or communications failure or degradation.

Assignment

This User Agreement is personal to you and is not assignable, transferable, or sublicensable by you except with our prior written consent. We may assign, transfer, or delegate any of our rights and obligations hereunder without consent.

Agency

No agency, partnership, joint venture, or employment relationship is created as a result of this User Agreement and neither party has any authority of any kind to bind the other in any respect.

Notices

Unless otherwise specified in this User Agreement, all notices under this User Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next-day delivery by a recognized overnight delivery service. Electronic notices should be sent to admin@splittrees.com.

No Waiver

Our failure to enforce any part of this User Agreement shall not constitute a waiver of our right to later enforce that or any other part of this User Agreement. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with this User Agreement to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

Headings

The section and paragraph headings in this User Agreement are for convenience only and shall not affect their interpretation.

These terms may be superseded by agreement or other terms presented and accepted.

Effective Date of User Agreement: 5/20/2024