NOTE – If you are using a 15-day free trial, you agree to be charged at the completion of the free trial to begin your initial Community Membership term unless you choose to cancel by sending an email to firstname.lastname@example.org. Your membership is subject to the payment or renewal terms outlined in Sections 4 and 5 of this Member Agreement.
THE MEMBERSHIP PLANS ARE NOT A SUBSTITUTE FOR LEGAL, MEDICAL, FINANCIAL, OR OTHER PROFESSIONAL ADVICE OR SERVICES. By entering into this Member Agreement, you acknowledge that Splitfyi is not, and cannot be, by the nature of its web-based services, legally responsible for acts or omissions which arise from the unique circumstances of your particular issues or problems, nor is it responsible for the acts or omissions of advisors, coaches, lawyers, persons, other Members or other entities (“Third Parties”) to whom you may have been referred or encountered on the Splitfyi website. Members are advised and encouraged to independently evaluate the credentials and advice received from all Third Parties in light of their own unique circumstances and issues. Member acknowledges Splitfyi is not and cannot be responsible for the outcome of any divorce, separation, or other domestic dispute, the results of which are dependent upon such factors including, but not limited to, unique facts and circumstances of each dispute, the positions taken by the parties to the dispute, the jurisdiction and venue in which the dispute is resolved, the parties involved, and the dispute resolution service, judge, arbitrator, mediator or court used to resolve a dispute.
1. Terms of Service
Splitfyi may change the terms of this Member Agreement at any time by notifying Member of the change in writing or electronically (including without limitation, by e-mail or by posting a notice on the Splitfyi website that the terms have been “updated” or by similar words). The changes also will appear in this document which is and will be posted on the Splitfyi website, which Member can access at any time by going to the Member Agreement and Site Terms of 2 Use link located at link. Member agrees that by entering into a Member Agreement with Splitfyi that Member is bound by such changes to this Member Agreement by using Membership Plans.
2. Benefits of Membership Plans.
The Membership Plans provide the following benefits.
Free (Limited Viewing). A Limited Viewing Membership provides the following benefits:
(i) Ability to purchase ad hoc coaching hours and chat with coaches;
(ii) Access to view three discussion forums in the Splitting Community;
(iii) Access to Basic Tools for a limited time; and
(iv) No ability to chat with other Members.
Community Membership. A Community Membership provides the following benefits:
(i) Full access to and participation in curated Splitting Community chats;
(ii) Access to all resources (e.g. webinars, blogs, articles, financial tools, etc.);
(iii) Online articles, blogs and videos available 24/7 on demand;
(iv) Ability to register and participate in regularly scheduled live, interactive classes posted by but not necessarily authored by Splitfyi (themes including such issues as becoming financially savvyand prepared before, during and after your divorce, creating a co-parenting plan, setting boundaries and communication techniques, etc.);
(v) Ability to chat with other Members;
(vi) Ability to choose your alias and visibility to other Members and coaches;
(vii) Ability to purchase ad hoc individual and group coaching hours at a ten (10%) discount from the coach’s standard rates, as such rates are reported to Splitfyi, but only after any trial period is completed and monthly charging has begun;
(viii) Access to directory and discount codes for affiliate programs from Splitfyi (”Affiliates”);
(ix) Workshops provided by Third Parties on specialty topics; and
(x) Exclusive access to private events.
Please note that coaches made available through Membership Plans may be independent contractor Third Parties or employees of Splitfyi who provide coaching services directly to you via a separate retention agreement between you and the coach. Their contact information is provided as advertising and Splitfyi is not responsible for the quality of their services. The coaches have agreed to provide consultations related to subject matters about which they represent to you that they are qualified to provide in jurisdictions where they are permitted to practice. They may require you to meet at their office or another location convenient to them or 3 may require a telephonic or video consultation. Splitfyi will not select a coach for you. Splitfyi makes no guarantees as to the substance or accuracy of any coach’s advice.
3. Privacy and Member’s Account
4. Fees and Payments
Member agrees to pay the subscription fees and any other charges incurred in connection with the Member’s individual Membership Plan (including any applicable taxes or coaching fees) at the billing rates in effect when the charges were incurred (“Subscription Fees”). If Member’s subscription includes access to areas containing premium content or services, Member’s access to such areas may be subject to additional fees, terms and conditions, which will be separately disclosed and billed to Member . Splitfyi will bill all charges automatically to Member’s credit card.Individual or group coaching fees with Third Partiesshall include a transaction fee of 20% to be paid to Splitfyi from the total coaching rate to be charged to the Member. Subscription Fees will be billed at the beginning of Member’s subscription and/or at any renewal period. Unless Splitfyi states in writing otherwise, all Subscription Fees are nonrefundable. EVEN IF MEMBER DOES NOT USE THE MEMBERSHIP PLAN, INCLUDING ACCESSING THE COMMUNITY CHATS, RESOURCES, OR ANY COACHING SERVICES, MEMBER IS RESPONSIBLE FOR SUBSCRIPTION FEES UNTIL MEMBER CANCELS THEIR MEMBERSHIP PLAN OR IT IS OTHERWISE TERMINATED. Splitfyi may change the Subscription Fees then in effect, or add new fees or charges, by giving Member notice in advance as well as information regarding how to cancel in a manner that is 4 capable of being retained by the Member. If Member wants to use a different credit card or there is a change in credit card validity or expiration date, please send an email to email@example.com to make changes. If Member believes someone has accessed Membership Plans using Member’s user name and password or account without Member’s authorization, please immediately contact Splitfyi at firstname.lastname@example.org. Member is responsible for any fees or charges incurred to access Membership Plans through an Internet access or other third-party service. Additional discounts may be available for Members purchasing multiple months in advance or as part of certain promotions.
5. Cancellation and Renewal
Member’s subscription will renew automatically, unless it is cancelled in accordance with this Section. For annual or 6-month subscriptions, Splitfyi may notify Member of the pending renewal of Member’s subscription prior to the date Member’s subscription renews, except as otherwise required by law. Member acknowledges that (i) their failure to read, (ii) their inabilit to receive, or (iii) Splitfyi’s failure to send an email reminder creates no liability to return fees by Splitfyi or any coach. For all subscriptions, Member must cancel Member’s subscription before it renews in order to avoid billing of subscription fees for the renewal term to Member’s credit card. When a Member cancels their subscription before it renews, Member loses the discounts associated with their subscription level, and as such, Splitfyi will charge Member for these discounts and deduct them from their refund. Splitfyi may cancel Member’s subscription at any time by notifying Member. Splitfyi does not accept cancellations by mail or telephone or by any other means except sending an email to email@example.com. If a Member’s cancellation comes from an email not associated with a Member’s account, additional security measures will be employed to determine the validity of such communication.
If Member accesses a Membership Plan as part of a “free trial” or otherwise without becoming a paying Member, Member is hereby notified that all of the terms and conditions of this Agreement except the sections labeled Fees and Payment and Cancellation and Renewal apply to Member’s use and access of the Membership Plans.
For a trial or other promotional membership with no initial charge, you agree we may authorize a charge of up to one dollar ($1) to your method of payment to verify your payment source. AT THE COMPLETION OF A TRIAL MEMBERSHIP, UNLESS YOU CHOOSE TO CANCEL PRIOR TO OR UPON THE COMPLETION OF THE TRIAL MEMBERSHIP BY SENDING AN EMAIL TO INFO@SPLITFYI.COM, YOUR SUBSCRIPTION WILL RENEW AUTOMATICALLY AND YOUR CREDIT CARD WILL BE CHARGED TO BEGIN YOUR INITIAL MEMBERSHIP TERM.
6. Limitations on Use
Only one individual may access a Membership Plan at the same time using the same user name or password, unless Splitfyi otherwise agrees. The text, graphics, images, video, metadata and other data, design, organization, compilation, look and feel, advertising and all other protectable intellectual property (the “Content”) available through Membership Plans are Splitfyi’s property 5 or the property of Splitfyi’s advertisers and licensors and are protected by copyright and other intellectual property laws. Unless Member has Splitfyi’s written consent, Member may not sell, publish, distribute, retransmit, or otherwise provide access to the Content received through Membership Plans to anyone, with the following exceptions:
(a) Member may occasionally distribute a copy of an article, or a portion of an article, from Membership Plans in non-electronic form to a few individuals without charge, provided Member includes all copyright and other proprietary rights notices in the same form in which the notices appear in Services, original source attribution, and the phrase “Used with permission from Splitfyi”. Member should send an email to firstname.lastname@example.org if Member needs to distribute an article from a Membership Plan to a larger number of individuals, on a regular basis or in any other manner not expressly permitted by this Agreement.
(b) Member may occasionally use Splitfyi’s e-mail service, located on the article page, to e-mail an article from the Membership Plans to a few individuals, without charge. Member is not permitted to use this service for the purpose of regularly providing other users with access to content from the Membership Plans.
(c) While Member may download, store, and create an archive of articles from the Membership Plans for Member’s personal use, Member may not otherwise provide access to such archive to more than a few individuals on an occasional basis or post on any website or other form of social media. The foregoing does not apply to any sharing functionality Splitfyi makes available through Membership Plans that expressly allows Member to share articles or links to articles with others. In addition, Member may not use such an archive to develop or operate an automated trading system or for data or text mining.
Member agrees not to rearrange or modify the Content. Member agrees not to create abstracts from, scrape or display Splitfyi’s content for use on another website or service (other than headlines from Splitfyi’s RSS Feed with active links back to the full article on the Membership Plans). Member agrees not to post any content from the Membership Plans (other than headlines from Splitfyi’s RSS Feed with active links back to the full article on the Membership Plans) to websites, social media, weblogs, newsgroups, mail lists, or electronic bulletin boards, without Splitfyi’s written consent.
Member agrees not to use the Membership Plans for any unlawful purpose. Splitfyi reserves the right to terminate or restrict Member’s access to the Membership Plans if, in Splitfyi’s opinion, Member’s use of the Membership Plans violates any laws, regulations or rulings, infringes upon another person’s rights or violates the terms of this Agreement. Also, Splitfyi may refuse to grant Member a user name that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise inappropriate offensive in the sole discretion of Splitfyi.
Member is responsible for all expenses incurred or other actions that may occur through their use of a Membership Plan. Member must immediately alert Splitfyi of any fraudulent, unauthorized, illegal, or suspicious use of a Membership Plan or Membership Plan benefits, or any other breach of security or unauthorized or illegal activity that Member reasonably suspects.
7. Community Use and Guidelines
8. User-Generated Content
A. User Content. Splitfyi offers Member the opportunity to comment on and engage in discussions regarding articles, companies, and various topics. Any content, information, graphics, audio, images, and links Member submits as part of creating Member’s profile or in connection with any of the foregoing activities is referred to as “User Content” in this Agreement and is subject to various terms and conditions as set forth below.
B. Other Users and User Content. Member understands and agrees that User Content includes information, views, opinions, and recommendations of many individuals and organizations and is designed to help Member gather the information Member needs to help Member make Member’s own decisions. Importantly, Member is responsible for Member’s own decisions and for properly analyzing and verifying any information Member intends to rely upon. Splitfyi does not endorse any recommendation or opinion made by any user. Splitfyi does not routinely screen, edit, or review User Content. Member should also be aware that other users may use Splitfyi’s Membership Plans for personal gain. As a result, Member should approach messages with. appropriate skepticism, in light of the fact that User Content may be misleading, deceptive, or in error. Splitfyi reserves the right to monitor or remove any User Content or any Member from Services at any time without notice at its sole discretion. Additionally, Members shall not solicit other Members or Affiliates at any time.
C. Trigger Warnings. Member agrees to add a warning prior to each post, if it may trigger a traumatic experience like suicide or sexual abuse for any other Member. This requirement is for the safety and comfort of all Members.
9. Grant of Rights and Representation by Member
If Member uploads, posts, or submits any User Content on Services, Member represents to Splitfyi that Member has all the necessary legal rights to upload, post, or submit such User Content and such actions will not violate any law or the rights of any person. Member agrees that upon uploading, posting, or submitting information on Membership Plans, Member grants Splitfyi, and Splitfyi’s respective affiliates and successors a non-exclusive, transferableworldwide, fully paid-up, royalty-free, perpetual, irrevocable right and license to use, distribute, publicly perform, display, reproduce, and create derivative works from Member’s User Content in any and all media, in any manner, in whole or part, without any duty to compensate Member. Member also grants Splitfyi the right to authorize the use of User Content, or any portion thereof, by Members and other users in accordance with the terms and conditions of this Agreement, including the rights to feature Member’s User Content specifically on Services and to allow other Members or users to request access to Member’s User Content, such as for example through an RSS Feed.
Splitfyi may also remove any User Content or any Member for any reason and without notice to Member. This includes all materials related to Member’s use of the Membership Plans, including e-mail accounts, postings, profiles, or other personalized information Member has created while using the Membership Plans.
10. Intellectual Property Rights
Member agrees that all right, title, and interest in and to Splitfyi Content shall remain in Splitfyi, including all copyright and other intellectual property rights. The Member shall have no right, title, and interest in and to Splitfyi Content or any copyright or other intellectual property rights therein, other than the rights to use and redistribute such Content as granted by this Agreement. It is Splitfyi’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. For more information about Splitfyi’s policy, please see Splitfyi’s Proprietary Rights Infringement Reporting Procedures located at link.
11. Third Party Websites, Services, and Software
Splitfyi may link to, or promote, websites or services from other companies or offer Member the ability to download software from other companies, but shall not be responsible for the accuracy or consequences of such downloads, including any viruses or malware contained in such software. Member agrees that Splitfyi is not responsible for, and does not control, those websites, services, and software.
Splitfyi’s website is not intended to be advertising for any mediator or law firm or other third party provider, and links to other websites does not constitute Splitfyi’s sponsorship, endorsement, or other approval of the materials at the other websites or the professional services
being offered. All users should seek their own counsel and professional services and Splitfyi is not engaged in rendering legal services or other expert assistance. The Member assumes all responsibility and obligations with respect to decision and advice they receive from anyone linked to Splitfyi’s website, or mentioned by any other third party on Splitfyi’s website.
12. Splitfyi’s Use of Cookie Technology
13. DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY
MEMBER AGREES THAT MEMBER’S ACCESS TO, AND USE OF, THE MEMBERSHIPPLANS AND THE CONTENT AND TOOLS AVAILABLE THROUGH THE MEMBERSHIP PLANS IS ON AN “AS-IS”, “AS AVAILABLE” BASIS AND SPLITFYI SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SPLITFYI DOES NOT GIVE LEGAL, MEDICAL OR FINANCIAL ADVICE. MEMBER SHOULD ALWAYS SEEK THE ASSISTANCE OF A PROFESSIONAL FOR LEGAL, MEDICAL OR FINANCIAL ADVICE. SPLITFYI AND ITS SUBSIDIARIES AND AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, ADVERTISERS, CONTENT PROVIDERS, AND LICENSORS (“SPLITFYI PARTIES”). SPLITFYI PARTIES WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO MEMBER OR ANY OTHER PERSON AS A RESULT OF MEMBER’S ACCESS OR USE OF THE SERVICES FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, AND LOST REVENUES FOR ANY ACT OR OMISSION OF SPLITFYI PARTIES (COLLECTIVELY, THE “EXCLUDED DAMAGES”), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE SPLITFYI PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE SPLITFYI PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
14. Jurisdiction/Dispute Resolution by Binding Arbitration
15. Agreement Binding on Successors
The provisions of the Agreement shall be binding upon and shall inure to the benefit of Splitfyi and Member, their heirs, administrators, successors, and assigns.
Splitfyi may assign this Agreement (or any rights or duties under it) at any time. Member may not assign this Agreement or any rights or duties under it without the express prior written consent of Splitfyi.
No waiver by either Splitfyi or Member of any default shall be deemed as a waiver of prior or subsequent default of the same or other provisions of this Agreement.
If any term, clause, or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause, or provision and such invalid term, clause, or provision shall be deemed to be severed from the Agreement.
This Agreement constitutes the entire understanding of Splitfyi and Member, and revokes and supersedes all prior agreements between the Splitfyi and Member and is intended as a final expression of their Agreement. It shall not be modified or amended except in writing signed by Splitfyi and Member and specifically referring to this Agreement.
Updated: January 13, 2021