TERMS OF SERVICE AND DISCLAIMERS
BY VISITING Splitly.com, YOU ARE CONSENTING TO OUR TERMS OF SERVICE AND DISCLAIMERS.
By using Splitly.com, referred to collectively as the “Site,” all visitors, referred to as “user,” “you,” and “your,” are bound by these Terms of Service and Disclaimers. The terms “we,” “us,” and “our,” refer to SPLITLY LLC (“Company”), owner of Splitly.com (“the Website”). Accessing this Site constitutes a use of the Site and an acceptance to the Terms provided herein.
By using the Site, you agree to these Terms, without modification, and acknowledge reading them. We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this Site. By continuing to use the Site after we post any such changes means you accept the new Terms of Service with the modifications.
This product and the information contained herein are not in any way affiliated with or endorsed by Amazon® or Amazon.com. The Company is a service for third (3rd) party Amazon® Sellers.
TERMS OF PURCHASE
By selecting a Pricing Plan (“Plan”) and hitting “Submit” on the Website and entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Customer”) agree to be provided with products, programs, or services by the Company, and you are entering into a legally binding Purchase Agreement with the Company, subject to the following terms and conditions:
- Upon purchase and execution of this Agreement, Customer will be provided with the following services each month according to the specific Plan selected prior to purchase. These services may included but are not limited to: A/B testing of Amazon® sales pages; price testing, other testing, and other services as described on the Website (“Services”).
- Customer must be an eligible third (3rd) party seller on Amazon.com to purchase this Plan. Customer must be 18-years old and have an active Amazon® account in order to use the service. By purchasing this Plan, you warrant that you have permission to access the Amazon Seller account for which you registered.
- When utilizing this Plan and its related services, Customer agrees to comply with any and all seller policies, guidelines, and rules as out outlined on Amazon.com, as well as applicable laws and regulations. Customer agrees to not engage in fraud or any other illegal activity and may not utilize these services in any improper manner.
- Customer acknowledges that Amazon® terms and guidelines change periodically and Company will not be held liable for ensuring Services or use utilization of such Services comply with all terms and guidelines.
- The Company reserves the right to publish test results of Customer’s utilization of the Services for marketing and/or other purposes. Company agrees that test results will be published into general categories and Customer’s specific product or details will not be published.
- Customer acknowledges that the Company will have access to Seller Account and other related information, including billing and other personal information. Such data may remain on Company’s database after termination of this Agreement for analysis purposes only; however, any Amazon® authentication may be deleted.
- Should Customer violate any Terms as outlined in this Agreement or on Amazon.com, Company reserves the right to terminate the Agreement and use of Services immediately.
PAYMENT AND REFUNDS
- Customer will choose a Plan option that will determine billing cycle, monthly or annually. After purchase, Customer has fourteen (14) days to request a refund. No refunds will be given after fourteen (14) days, and no refunds will be given to a Customer signing up for a Plan option for a second time after having previously canceled.
- In the event Customer fails to make any of the payments, Company has the right to immediately disallow services and stop testing until payment is paid in full.
- Customer may cancel Plan at any time in their Account. Cancellation will take effect the following cycle.
- Should Customer choose to downgrade or upgrade to a particular Plan, customer should sign-up for the new plan and the remaining number of days on previous plan will be converted to the new plan at the new price. Dollars spent will be converted and then the new plan price will be charged.
- Customer may choose currency to be charged; however, the Company reserves the right to adjust pricing based on current exchange rate of the United States Dollar (USD).
- Purchases will appear on your credit/debit statement as “splitly.com” or “Splitly LLC.” You agree not to file a credit card or debit card chargeback with regards to any purchase made on the Website but instead try to resolve the issue with the Company. In the event that you breach this Agreement and file a chargeback, upon a resolution in our favor of the chargeback by either the credit card issuing bank, the credit/debit card processor, or other merchant, you agree to reimburse the Company for any costs incurred in researching and responding to such chargeback, including without limitation, our actual costs paid to the credit/debit card processor or our banks and the reasonable value of the time of our employees spent on the matter, as determined in our discretion in good faith.
The Company makes no representation or warranty that the Services or information provided on this Website, regardless of its source, are accurate, complete, reliable, current or error-free. The Company disclaims all liability for any inaccuracy, error or incompleteness in the Services provided.
By visiting this Website and/or purchasing Services, you acknowledge that you are participating voluntarily in such utilization, and you acknowledge that use of the Services may result in a deactivated listing, loss of sales, and/or income. You accept the risk of potential loss of income and/or ranking through use of the Services and/or information otherwise provided and agree that the Company will not be held liable in any way.
The Company makes no representation or warranty that the Chrome Extension, or the use thereof, is accurate, complete, reliable, current or error-free. The Company disclaims all liability for any inaccuracy, error or incompleteness in the Chrome Extension and cannot guarantee it’s compliance with Amazon® Terms of Service. While the Company makes the utmost efforts to stay in compliance with Amazon® Terms of Service, you acknowledge that use of the Services, including the Chrome Extension, may at some point be in violation of these Terms, at which point, use of the Chrome Extension will cease.
Any testimonials or examples shown through the Company’s Website, programs, and/or Services are only examples of what may be possible. There can be no assurance as to any particular outcome, including increased income, Amazon® ranking, sales, and/or any other outcome, based on the use of plans and/or Services. You acknowledge that the Company has not and does not make any representations of any kind that may be derived as a result of use of the Company’s Website, programs, products or Services.
By participating in and/or reading the Site and/or other Content, including but not limited to blog, email, and/or videos, you acknowledge that the Company cannot guarantee the outcome of Services and/or recommendations within the Content and any comments about the outcome are expressions of opinion only. The Company cannot make any guarantees other than to deliver information, education, and services purchased as described.
TERMS FOR SITE USE
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms of Service.
In order to use the Site, you may be required to provide information about yourself including your name, email address, and other personal information. You agree that any registration and/or billing information you give to the Company will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of this Site, violate any laws in your jurisdiction.
You may use the Site and Services for lawful purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
SPLITLY LLC INTELLECTUAL PROPERTY
The Site and Services contain intellectual property owned by SPLITLY LLC, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the Company / Splitly.com, logo, all designs, text, graphics, photographs, other files, and the selection and arrangement thereof. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service content or intellectual property, in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Site and Services, without refund, if you are caught violating this intellectual property policy.
The Company reserves the right to publish test results of Customer’s utilization of Service for marketing and/or other purposes. Test results will be published into general categories and Customer’s specific product or details will not be published.
THIRD PARTY RESOURCES
The Site and the Services may contain links to third party website and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party website or resources. Links to such website or resources do not imply any endorsement by or affiliation with the Company. You acknowledge sole responsibility for and assume all risk arising from your use of any such website or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms of Service, or any use by you of the Site or Services. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
RELEASE OF CLAIMS
In no event will the Company be liable to any party for any type of direct, indirect, special, incidental, or consequential damages for any use of or reliance on our Site, its Content, or its Services, including any Plan purchased. You hereby release the Company from any and all claims including those related to personal or business interruptions, misapplication or information, or any other loss, condition, or issue.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, THE COMPANY IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL COMPANY CUMULATIVE LIABILITY TO YOU EXCEED $1000.
Certain sections of the Site or its Content may allow you to make purchases from us or from other merchants. If you make a purchase from us on or through our Website, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us, the merchant, and our payment processing company.
Your participation, correspondence or business dealings with any affiliate, individual or company found on or through our Website, all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a merchant.
We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Site or its Content, you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly.
You release us, our affiliates, our payment processing company, and merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content.
GOVERNING LAW; VENUE; MEDIATION
These Terms shall be construed in accordance with, and governed by, the laws of the State of Wyoming. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Cheyenne, Wyoming or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
If any term, provision, covenant, or condition of these Terms is held by a mediator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms of Service bind and inure to the benefit of the parties’ successors and assigns. These Terms of Service are not assignable, delegable or otherwise transferable by you. Any transfer, assignment or delegation by you is invalid.
ENTIRE AGREEMENT; WAIVER; HEADINGS
These Terms constitute the entire agreement between you and the Company pertaining to the Site and Services and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by the Company shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Company. The subject headings of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
If you have any questions or concerns regarding these Terms of Service and Disclaimers, please email: hello(at)splitly(dot)com.
Updated: 18th November 2016