- LICENSES AND THIRD-PARTY CONTENT
2.1 SPLITFYI’S PROVISION OF THE SITE AND LIMITED SITE LICENSE
We try to keep our Site and the Site Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. In fact, we might even stop providing the Site or Site Services completely or stop providing certain features without notice.
2.2 TERMINATION OF THE LIMITED SITE LICENSE
Splitfyi may terminate any license it has granted to any Site Visitor to access the Site and Site Services by providing notice, and the termination of such license shall be effective immediately upon Splitfyi providing such notice. Termination of a Member’s license to access the Site and Site Services shall be subject to the provisions of the Member Agreement.
2.3 SPLITFYI’S INTELLECTUAL PROPERTY
2.4 YOUR INTELLECTUAL PROPERTY
2.4.1 YOUR OBLIGATIONS AND YOUR INDEMNIFICATION OF SPLITFYI
When you post Member Content on the Site or through the Site Services or provide Splitfyi with Member Content, you understand and acknowledge that you are solely responsible for such Member Content. Further, you represent and warrant that you have the right, power, and authority to (a) post that Member Content without violating the rights of third parties, and (b) grant the licenses specified below.
You acknowledge and agree that the poster of Member Content, and not Splitfyi, is responsible for any Member Content including any harms caused to you, another Member, or a third party by such Member Content.
You will indemnify, defend, and hold harmless Splitfyi, our Affiliates, and our respective directors, officers, employees, representatives, and agents (each an “Indemnified Party”) from any and all claims, damages, liabilities, costs, losses, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party or other Member against an Indemnified Party relating to or arising out of any Member Content you post.
2.4.2 YOUR RIGHTS AND LICENSE TO SPLITFYI AND OTHER SITE VISITORS
2.4.3 YOUR COMMENTS AND IDEAS
You may submit comments or ideas about the Site and Site Services, including without limitation about how to improve the Site or Site Services (collectively, “Ideas”). By submitting any Ideas, you agree that: (a) your disclosure is voluntary, gratuitous, unsolicited, and without restriction and will not place Splitfyi under any fiduciary or other obligation, (b) your Ideas do not contain the confidential or proprietary information of third parties, and (c) you grant us a perpetual and royalty-free license to use the Ideas without any additional compensation to you and to disclose the Ideas on a non-confidential basis or otherwise to anyone. You further acknowledge and agree that, by acceptance of your submission, Splitfyi does not waive any rights to use similar or related ideas, including those known or developed by Splitfyi or obtained from sources other than you.
2.5 THIRD-PARTY INTELLECTUAL PROPERTY
Any information or content expressed or made available by a third party or any other Site Visitor or Member is that of the respective author(s) or distributor(s) and not of Splitfyi. Splitfyi neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the Site by anyone other than Splitfyi’s authorized agents acting in their official capacities.
The Site may contain links to third-party websites. The Site may also contain applications that allow you to access third-party websites via the Site. Such third-party websites or applications are owned and operated by the third parties and/or their licensors. The inclusion of any link or application on the Site does not imply that we endorse the linked site or application. You use the links and third-party websites at your own risk and agree that your use of an application or third-party website accessed via the Site is on an “as is” and “as available” basis without any warranty for any purpose.
2.6 COMPLAINTS ABOUT COPYRIGHTED CONTENT ON THE SITE
Splitfyi is committed to complying with U.S. copyright and related laws and requires all Site Visitors and Members to comply with these laws. Accordingly, you may not use the Site to store any material or content, or disseminate any material or content, in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law.
If you are the owner of any copyrighted work and believe your rights under U.S. copyright law have been infringed by any material on the Site, you may take advantage of certain provisions of the Digital Millennium Copyright Act (the “DMCA“) by complying with Splitfyi’s Proprietary Rights Infringement Reporting Procedures.
- PERMITTED SITE USES
Splitfyi offers the Site and Site Services for Site Visitor’s and Member’s personal use and not for your business use. Splitfyi makes the Site and Site Services available for Members to (1) obtain general information and articles that we believe may be of interest to Site Visitors and Members, (2) participate in webinars, (3) have access to Splitfyi sponsored blogs, (4) purchase coaching services via coaching subscriptions, (5) connect with other Members; and (6) have access to topic-specific forums. In no event should any content be relied on or construed as tax, legal or medical advice or otherwise. You should independently verify the accuracy of any content.
- PROHIBITED SITE USES
You may not use, encourage, promote, facilitate, instruct, or induce others to use, the Site or Site Services for any activities that violate any law, statute, ordinance or regulation; for any other illegal or fraudulent purpose or any purpose that is harmful to others; or to transmit, store, display, distribute or otherwise make available content that is illegal, fraudulent or harmful to others.
4.1 EXAMPLES OF PROHIBITED USES OF THE SITE
The following are examples of uses that are prohibited on the Site or when using the Site Services:
- Seeking, offering, promoting, or endorsing and services, content, or activities that:
- are defamatory, illegal, profane, vulgar, threatening, unlawfully discriminatory, illegal, pornographic, obscene, or sexually explicit in nature;
- would violate the intellectual property rights, such as and including copyrights, of another person, entity, service, product, or website;
- would violate (a) Splitfyi’s Terms of Service, (b) the terms of service of another website or any similar contractual obligations, or (c) the academic policies of any educational institution;
- regard the creation, publication, or distribution of “fake news”, “hoax news”, Deep Fake content or similar content, which is, in Splitfyi’s sole discretion, determined to be intended to mislead recipients for personal, financial, political or other gain or advantage;
- regard or promote in any way any escort services, prostitution, or sexual acts; or
- are harassing toward another person based on the person’s inclusion in a protected class as defined by applicable law;
- involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- engages in commercial activities and/or sales without our prior written consent.
- Fraudulent or misleading uses or content, including:
- representing another person’s profile, or parts of another person’s profile, as your own;
- using a profile photo that misrepresents your identity or represents you as someone else;
- impersonating any person or entity, including, but not limited to, an Splitfyi representative, forum leader, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
- falsely stating or implying a relationship with another Member;
- falsely attributing statements to any Splitfyi representative, forum leader, guide or host;
- falsely stating or implying a relationship with Splitfyi or with another company with whom you do not have a relationship;
- allowing another person to use your account, which is misleading to other Members; or
- Posting identifying information concerning another person;
- Spamming other Members, including by making unsolicited contact of Members off the Splitfyi platform;
- Duplicating or sharing accounts;
- Selling, trading, or giving an account to another person without Splitfyi’s consent;
- Directly or indirectly, advertising or promoting another website, product, or service or soliciting other Members for other websites, products, or services;
- Interfering or attempting to interfere with the proper operation of the Site or Site Services or any activities conducted on the Site, including by:
- bypassing any measures, we may use to prevent or restrict access to the Site or any subparts of the Site, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein;
- attempting to interfere with or compromise the system integrity or security or decipher any transmissions to or from the servers running the Site;
- using any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission;
- attempting to or interfering with or compromising the system integrity or security or deciphering any transmissions to or from the servers running the Site;
- collecting or harvesting any personally identifiable information, including Account names, from the Site;
- attempting to or imposing an unreasonable or disproportionately large load (as determined in Splitfyi’s sole discretion) on the Site’s infrastructure; Introducing any invalid data, virus, worm, or other harmful or malicious software code, agent, hidden procedure, routine, or mechanism through or to the Site that is designed to or known to cause to cease functioning, disrupt, disable, harm, or otherwise impair in any manner, including aesthetic disruptions or distortions, the operation of (or to allow you or any other person to access or damage or corrupt data, storage media, programs, equipment, or communications or otherwise interfere with operations of or on) the Site or any software, firmware, hardware, computer system, or network of Splitfyi or any third party;
- accessing or attempting to access the Site or Site Services by any means or technology other than the interface provided; or
- framing or linking to the Site or Site Services except as permitted in writing by Splitfyi
- Conduct or actions that could jeopardize the integrity of or circumvent the Site, Site Services or Splitfyi’s proprietary information, including:
- attempting to or actually reverse engineering, modifying, adapting, translating, preparing derivative works from, decompiling, interfering with the operation of, or otherwise attempting to derive source code from any part of the Site or Site Services unless expressly permitted by applicable law or Splitfyi; or
- accessing or using the Site or Site Services to build a similar service or application, identify or solicit Splitfyi Members, or publish any performance or any benchmark test or analysis relating to the Site.
4.3 REPORTING AND CORRECTING VIOLATIONS
- COACHING SERVICES.
5.1 RELATIONSHIP COACHES AND COACHING SESSIONS.
Splitfyi may provide Members with the ability to purchase coaching sessions with a relationship coach (“Relationship Coach”) for the purpose of getting relationship advice, information or any other input, benefit or service (“Coaching Sessions”).
While we may try to do so from time to time, in our sole discretion, by purchasing any Coaching Sessions, you acknowledge that we do not represent to verify, and do not guarantee the verification of, the skills, degrees, qualifications, licensure, certification, credentials, competence or background of any Relationship Coach.
5.2 RECORDING COACHING SESSIONS.
You agree that your Coaching Sessions may be recorded by Splitfyi for quality assurance and Relationship Coach oversight uses. Splitfyi does NOT share or distribute Coaching Session recordings to any third party without Member’s written permission.
5.3 INDEPENDENT CONTRACTOR STATUS. Relationship Coaches are independent providers who are neither our employees nor agents nor representatives. The Site’s role is limited to enabling the Coaching Sersions while the Coaching Sessions themselves are the responsibility of the Relationship Coach who provides them. If you feel the Coaching Sessions provided by the Relationship Coach do not fit your needs or expectations, you may change to a different Relationship Coach who provides Coaching Sessions through the Site.
5.4 COACHING SERVICES DISCLAIMERS.
By purchasing any Coaching Sessions, you agree, confirm and acknowledge that although the Relationship Coach may provide relationship advice through the Site, we cannot assess whether the use of the Relationship Coach, the advice or the Site is right and suitable for your needs. THE SITE DOES NOT INCLUDE THE PROVISION OF MEDICAL CARE, MENTAL HEALTH SERVICES, COUNSELOR SERVICES, OR OTHER PROFESSIONAL SERVICES BY US. It is up to you to consider and decide whether these Coaching Sessions are appropriate for you or not.
You agree, confirm and acknowledge that you are aware of the fact that the Relationship Coaches’ advices are not a complete substitute for a face-to-face examination and/or session by a licensed qualified professional. You should never rely on or make health or well-being decisions which are primarily based on information provided as part of Relationship Coaches. Furthermore, we strongly recommend that you will consider seeking advice by having an in-person appointment with a licensed and qualified professional. Never disregard, avoid, or delay in obtaining medical advice from your doctor or other qualified healthcare counselor, by face-to-face appointment, because of information or advice you received through the Site.
IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING HARMING YOURSELF OR OTHERS OR IF YOU FEEL THAT ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICE NUMBER (911 IN THE US) AND NOTIFY THE RELEVANT AUTHORITIES. SEEK IMMEDIATE IN PERSON ASSISTANCE. THE SITE IS NOT DESIGNED FOR USE IN ANY OF THE AFOREMENTIONED CASES AND THE COACHES CANNOT PROVIDE THE ASSISTANCE REQUIRED IN ANY OF THE AFOREMENTIONED CASES.
THE SITE IS NOT INTENDED FOR THE PROVISION OF CLINICAL DIAGNOSIS REQUIRING AN IN-PERSON EVALUATION AND YOU SHOULD NOT USE IT IF YOU NEED ANY OFFICIAL DOCUMENTATION OR APPROVALS FOR PURPOSES SUCH AS, BUT NOT LIMITED TO, COURT-ORDERED COUNSELING OR EMOTIONAL SERVICE DOG CERTIFICATION. IT IS ALSO NOT INTENDED FOR ANY INFORMATION REGARDING WHICH DRUGS OR MEDICAL TREATMENT MAY BE APPROPRIATE FOR YOU, AND YOU SHOULD DISREGARD ANY SUCH ADVICE IF DELIVERED THROUGH THE SITE.
5.5 COACHING SESSIONS WAIVER AND RELEASE.
BY PURCHASING COACHING SESSIONS, YOU HEREBY RELEASE SPLITFYI AND AGREE TO HOLD SPLITFYI HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THE COACHING SESSIONS INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR SERVICE OF ANY RELATIONSHIP COACH OR ANY MENTAL HEALTH PROFESSIONAL OR ANY OTHER PROVIDER IN A FIELD REQUIRING LICENSURE AND/OR CERTIFICATION, WHO MAY BE ACCESSED THROUGH THE SITE.
ANY COACHING SESSIONS WITH A RELATIONSHIP COACH VIA THE SITE CANNOT AND DOES NOT REPLACE A MEETING WITH A PROFESSIONAL. YOU ARE ENCOURAGED TO VERIFY THE INFORMATION PROVIDED BY THE RELATIONSHIP COACH ANY RELIANCE ON SUCH INFORMATION IS DONE AT THE YOUR FULL AND SOLE RISK AND LIABILITY.
SPLITFYI DOES NOT ASSUME, AND WILL NOT BE LIABLE FOR ANY DAMAGES, HARM OR INJURY ARISING FROM OR RELATED TO RELATIONSHIP COACHES OR COACHING SESSIONS.
- Disclaimers; Limitations; Waivers of Liability
6.1 SITE AND SITE SERVICES PROVIDED “AS IS”
YOU EXPRESSLY AGREE THAT USE OF THE SITE AND ANY SITE SERVICES IS AT YOUR SOLE RISK AND ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, NEITHER SPLITFYI NOR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, SUBSIDIARIES, PARENTS AND AFFILIATES WARRANT THAT THE SITE OR ANY SITE SERVICES WILL ACHIEVE ANY OTHER PARTICULAR RESULT.
6.2 RELEASE OF CLAIMS
YOU HEREBY RELEASE SPLITFYI AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, SUBSIDIARIES, PARENTS AND AFFILIATES FROM ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THE SITE OR ANY OF THE SERVICES, INCLUDING YOUR INTERACTION WITH THIRD PARTIES. NEITHER WE NOR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, SUBSIDIARIES, PARENTS AND AFFILIATES WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SITE OR ANY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, SPLITFYI AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, SUBSIDIARIES, PARENTS AND AFFILIATES WILL HAVE NO LIABILITY TO ANY PARTY RELATING IN ANY WAY TO ANY DELAY IN PROVIDING ANY ASPECT OF THE SITE OR SITE SERVICES OR TO THE UNAVAILABILITY OF THE SITE OR ANY OF THE SITE SERVICES. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
6.3. DISCLAIMER OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SITE OR ANY SITE SERVICES UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT. IN NO EVENT SHALL SPLITFYI OR ANY AFFILIATES BE LIABLE TO YOU FOR MORE THAT $100; provided that some jurisdictions do not allow damages exclusions, so they may not apply to you.
6.4. INFORMATION DISCLAIMER
THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) AND SITE SERVICES ARE INTENDED SOLELY AS A GENERAL EDUCATIONAL AID AND ARE NOT MEDICAL HEALTHCARE, LEGAL OR OTHER PROFESSIONAL ADVICE FOR ANY INDIVIDUAL PROBLEM NOR A SUBSTITUTE FOR MEDICAL, LEGAL OR OTHER PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. NOTHING CONTAINED IN THE SITE IS INTENDED TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT OR LEGAL ADVICE. THE INFORMATION AND SERVICES ARE PROVIDED WITH THE UNDERSTANDING THAT NEITHER SPLITFYI NOR ITS AFFILIATES ARE ENGAGED IN RENDERING LEGAL, MEDICAL, OR OTHER PROFESSIONAL SERVICES OR ADVICE. YOUR USE OF THE SITE AND SITE SERVICES IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE SITE OR IN THE MEMBER AGREEMENT. SPLITFYI AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE SITE. WHILE SPLITFYI STRIVES TO KEEP THE INFORMATION ON THE SITE ACCURATE, COMPLETE, AND UP-TO-DATE, SPLITFYI AND ITS AFFILIATES CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION.
7.1 ARBITRATION RULES
fees and costs up to $1000.00.
7.2 INDIVIDUAL ACTIONS ONLY
EITHER OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND SPLITFYI AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER MEMBERS.
7.3 Opting Out
- Jurisdiction And Venue
9. Controlling Law
- Amendments, Modifications, Etc.
“Affiliate” means any entity that, directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with Splitfyi.
“Deep Fake” means media that is altered in order to replace a person in an existing image or video with someone else’s likeness in a realistic manner without permission or authorization of the person whose likeness is used.
“Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
“Site” means, collectively, our website located at www.Splitfyi.com, all affiliated websites and applications, including mobile websites and Splitfyi Mobile Applications, owned and operated by us, our predecessors or successors in interest, or our Affiliates (defined in the Member Agreement).
“Site Services” means, collectively, all services, applications and products that are accessible through the Site, including the Public Site Services, and all Splitfyi Mobile Applications.
“Splitfyi Mobile Applications” means all mobile applications published by Splitfyi or our Affiliates for access to or use of the Site or any Site Services.
“Member Content” means any comments, remarks, data, feedback, content, text, photographs, images, video, music, or other information that you or any Site Visitor or Member post to any part of the Site or provide to Splitfyi, including such information that is posted as a result of questions.
“You” means any person who accesses our Site, including a Site Visitor or Member and including any entity or agency on whose behalf any such person accesses or uses our Site.
Updated January 13, 2021