Member Agreement

This agreement (“Member Agreement”) is a legal contract between Splitfyi, Inc., a Delaware corporation (“Splitfyi”), and you (the “Member”) in connection with the services to be provided by Splitfyi to the Member as described below, including, but not limited to, services which are free and at no charge, with an ability to purchase individual or group coaching services (known as a “Limited Viewing Membership”) and services which are provided at charge (known as a “Community Membership”), both of which are, collectively referred to as the “Membership Plans”. In addition, this Member Agreement incorporates the Splitfyi Site Terms of Use contained on the Splitfyi website, that govern your use of the Splitfyi website, and the Splitfyi Privacy Policy, which governs the privacy policies in effect for your use of the Splitfyi website, and all incorporated policies, which taken together constitute the Member Agreement. The Member Agreement as a whole constitutes the legal terms of the agreement between you and Splitfyi regarding your use of the Membership Plans. This Member Agreement is effective as of the date you accept its terms by purchasing a Membership Plan or accepting a free trial thereof (the “Effective Date”). If you sign up for a Membership Plan, you accept these terms, conditions, and requirements without limitation. Please read this Member Agreement carefully. PLEASE

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 info@splitfyi.com. 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

Registration data and other information about Member are subject to Splitfyi’s Privacy Policy. Member’s information may be stored and processed in the United States or any other country where Splitfyi has facilities, coaches or users and by subscribing to a Membership Plan, Member consents to the transfer of information outside of Member’s country. If Member’s access to a Membership Plan has been provided by or through a third party (for example, Member’s employer or an educational institution where Member is a student), the Third Party may have provided Splitfyi with information about Member to enable Splitfyi to provide Member with access to the Membership Plans and to distinguish Member from other Members (such as Member’s e-mail address or name). If Member accesses Membership Plans using a password, Member is solely responsible for maintaining the confidentiality of that password. If Member provides someone else with access to Member’s password to Membership Plans, that third party will have the ability to view information about Member’s account and make changes through the website for Membership Plans. Similarly, if Member tells someone the answer to Member’s security question for services, they will be able to request information about Member’s account and make changes to Member’s account. Member agrees to notify Splitfyi promptly if Member changes Member’s address or e-mail so that Splitfyi can continue to contact Member and send any notices required hereunder. If Member fails to notify Splitfyi promptly of a change, then any notice Splitfyi sends to Member’s old address or e-mail shall be deemed sufficient notice. Splitfyi shall make all industry appropriate efforts to keep Member information private, but cannot guarantee that third party hackers will not find ways to access Member information despite Splitfyi’s good faith efforts to keep such information private.

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 info@splitfyi.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 info@splitfyi.com. 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 info@splitfyi.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 info@splitfyi.com 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

Splitfyi requires all users to register to have access to Splitfyi’s community area. It is user’s responsibility to choose their alias and password wisely. If user has concerns or believes that someone is using their alias or password without their authority, they should contact Splitfyi by sending an email toinfo@splitfyi.com. Splitfyi reserves the right to disclose any information about each user, including registration data, in order to comply with any applicable laws and/or requests under legal process, to operate Splitfyi’s systems properly, to protect Splitfyi’s property or rights, and to safeguard the interests of others. In order to have access to Splitfyi’s Community, all users must comply with the Rules of Conduct located in the Site Terms of Use and Community Guidelines. If Splitfyi deems any user’s alias inappropriate, Splitfyi may remove or require user to change their alias.

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

Splitfyi employs cookie technology. Members agree to read Splitfyi’s Cookie Policy, located at link, for more information on Splitfyi’s use of cookies. Certain of Splitfyi’s content, data and information Splitfyi is require Splitfyi to include additional terms and conditions relating to their content and data, which Member can review at the following: link.

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

This Agreement shall be governed in accordance with the laws of the State of California, excluding rules regarding conflicts of law. The application of the United National Convention of Contracts for the International Sale of Goods is expressly excluded All disputes under this Agreement shall be resolved by binding arbitration in the State of California, County of Los Angeles as provided in Section 7 of Splitfyi’s Site Terms of Use, unless Splitfyi elects to bring an action in the courts of Los Angeles County in the State of California, USA or U.S. District Court for the Central District of California to protect its intellectual property or to enforce an arbitrator’s decision hereunder. Member consents to such exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under Splitfyi’s Site Terms of Use or this Agreement, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to them.

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.

16. Assignability

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.

17. Waiver

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.

18. Severability

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.

19. Integration

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

Essential Resources

If you’re facing legal/custody battles, a mental health crisis, an urgent medical issue, serious emotional problems, including suicidal thoughts, please seek help from the appropriate professionals near you.

Suicide hotline: 1-800-273-8255
Suicide Prevention Lifeline:
Crisis line: 1-800-356-5395
Crisis text line: Text “help” to 741741
The National Domestic Violence Hotline
The National Coalition Against Domestic Violence (NCADV)

Split.fyi Resources
Split.fyi Marital Life Inventory
Divorce Lifecycle Document
Divorce Process Overview

Contact

323 San Vicente Blvd., Unit 1
Santa Monica, 90402

info@spitfyi.com
310.558.2575

Have a question for us?
Please visit our contact form

JOIN OUR FACEBOOK GROUP

Follow Us

Splitfyi, Inc. DOES NOT PROVIDE LEGAL OR TAX ADVICE. All information provided should not be construed or relied upon as legal or tax advice. Individuals seeking legal or tax advice should solicit the counsel of competent legal or tax professionals knowledgeable about the divorce laws in their own geographical areas.

Copyright © 2021 Split.fyi | All rights reserved