Disclaimer

LIMITATION OF LIABILITY

BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR AS WELL AS OTHER FACTORS, THE WEBSITE (INCLUDING ALL INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE) IS PROVIDED “AS IS” AND “AS AVAILABLE”. SPLITIT USA INC. (REFERRED TO AS “SPLITIT”) AND THIRD PARTY DATA PROVIDERS ARE NOT PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THE WEBSITE. SPLITIT AND THIRD PARTY DATA PROVIDERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHER, Splitit WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS WEBSITE, OR FOR THE INCOMPATIBILITY BETWEEN THIS WEBSITE AND FILES AND THE USER’S BROWSER OR OTHER SITE ACCESSING PROGRAM. NOR WILL SPLITIT BE LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND SPLITIT’S CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS. SPLITIT AND THIRD PARTY DATA PROVIDERS DO NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION. FURTHERMORE, SPLITIT AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, COMPUTER VIRUSES, MALICIOUS CODE, OR OTHER DEFECT IN WEBSITE, ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND THE USER’S FILES AND THE USER’S BROWSER OR OTHER SITE ACCESSING PROGRAM, OR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND SPLITIT AND ITS AFFILIATES’ CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS. NOTHING HEREIN SHALL BE CONSTRUED AS LIMITING OR REDUCING SPLITIT’S RESPONSIBILITIES AND OBLIGATIONS TO CLIENTS IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS. UNDER NO CIRCUMSTANCES WILL Splitit BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THE WEBSITE OR ANY PORTION THEREOF, REGARDLESS OF WHETHER SPLITIT HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.

Governing Law

Headings are for reference purposes only. The failure of Splitit to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. In the event any of the terms or provisions of these Terms of Use shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. These Terms of Use shall be subject to any other agreements you have entered into with Splitit. The user’s access to and use of the Splitit Website, and the terms of this disclaimer are governed by the laws of the State of New York. YOU AGREE THAT ANY ACTION BROUGHT BY YOU, AT LAW OR IN EQUITY, ARISING OUT OF OR RELATING TO THESE TERMS AND USE OR THIS WEBSITE SHALL BE FILED ONLY IN THE STATE OR FEDERAL COURTS IN AND FOR NEW YORK CITY, NEW YORK AND YOU HEREBY CONSENT AND SUBMIT TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSES OF LITIGATING ANY ACTION BROUGHT BY EITHER OF US IN SUCH COURTS.

Online Registration

You may register your account online and provide contact information (such as email address) and financial information (such as bank account information) during account registration, which will allow you to service your account online. This information is necessary to enable you to view statements online, review account activity and schedule payments on your Splitit account.

Email Communications

If you choose to send us an email message, we may retain the content of the email, your email address, and our response in order to service your needs.

We or a third party acting on our behalf, may use the data that you provide to send you email offers that may be of special interest to you. If you unsubscribe from these email messages, you will not receive these messages from Splitit via email.

Please note that some of our services including the Splitit website require a valid email address in order to register and/or continue use of the service. You will receive email alerts or notification messages from these programs unless you un-enroll from these services.

Email Tips

Do not provide your email address to third party web sites without reading the privacy and security policies and terms and conditions of these sites to ensure you understand the circumstances in which your email address will be used.

If you suspect suspicious or fraudulent activity related to your account(s), please let your account provider know right away. You should also contact your Internet Service Provider so they may block suspicious messages from your email inbox. To learn more about how to control and manage your incoming emails, please refer to your Internet Service Providers’ online resources. You may also visit the Federal Trade Commission’s web site on spam at www.ftc.gov/spam.

Children’s Online Privacy

Protecting children on the Internet is very important to Splitit. For that reason, Splitit does not intentionally collect information at our web sites from those we actually know are under 13, and no part of our website is intended to attract anyone under 13. Parents can be proactive and limit website access to their children by installing filtering software.

Children’s access to the Internet can permit them to visit inappropriate web sites and be exposed to unnecessary risks. The Children’s Online Privacy Protection Act (COPPA) protects children under the age of 13 from the online collection of personal information. Learn more about COPPA at the Federal Trade Commission’s web site for children’s privacy at http://www.ftc.gov/privacy/privacyinitiatives/childrens_educ.html and by viewing the following link on How to Protect Kids’ Privacy Online.