HannDev, LLC

Terms of Use

Last Updated: September 23, 2020

Welcome to Splitcart!  These Terms of Use are a legally binding contract.  Please review these Terms of Use carefully.

IMPORTANT: THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 17 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND SPLITCART ARE EACH GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

1. Defined Terms, Use of the Site, and Some Information on Splitcart

In these Terms of Use:

  • When we say “Splitcart,” we mean HannDev, LLC and any subsidiaries of HannDev, LLC (including any subsidiaries that HannDev, LLC may form or acquire in the future) and their affiliates, directors, officers, employees and agents. We also refer to Splitcart as “we,” “us” and “our.”
  • When we say the “Splitcart Site” or the “Site,” we mean www.splitcart.com, the Splitcart App, and all related functionality, services, and Content offered by or for Splitcart on or through www.Splitcart.com and the Splitcart App or the systems, servers, and networks used to make the Splitcart Site available.
  • When we say “Splitcart App” or “App,” we mean the official “Splitcart App” for iPhone which can be downloaded from the iTunes App Store.
  • When we say “you” or “your” we mean any user (like you!) of any Splitcart Site and any person who has notice of these Terms of Use.
  • When we say “Terms of Use,” we mean these Terms of Use and all other terms and policies posted by Splitcart on the Splitcart Site (and any updates by Splitcart to these Terms of Use and those terms and policies).
  • A few other key terms used in these Terms of Use:
    • When we say “Content,” we mean merchandise information, product descriptions, reviews, comments, messages, reviews, communications, feedback, submissions, suggestions, questions, and other information, data, content, and materials (including page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, software programs, music clips or downloads, video clips, and written and other materials.)
    • When we say “Ideas,” we mean ideas, concepts, Feedback, and know-how that you make available in connection with the Splitcart Site.
    • When we say “make available,” we mean post, transit, publish, upload, distribute, transmit, display, provide, or otherwise submit or make available (including through any part of the Splitcart Site administrated by third-party social media platforms (e.g., Facebook or Instagram) that allow interaction with the Splitcart Site through the tools offered by such social media platforms).
    • When we say “Materials,” we mean Content that we make available on or through the Splitcart Site.
    • When we say “Originator,” we mean a person who (1) initiates a single purchase of a good without other co-purchasers; or (2) creates a campaign to purchase a good as a group, with the purchase price and other costs, fees, and taxes being split among the Originator’s designated group.
    • When we say “Splitter,” we mean each individual who is splitting the purchase price of an item (including tax and shipping when applicable); in other words, these Splitters are co-purchasing a good as a group.

You also accept these Terms of Use when you create an account, purchase a good individually or with others splitting (co-purchasers of a good), download the App, use the App, and/or access or use the Site.

UPDATES: We may update these Terms of Use from time to time by notifying you of such changes by any reasonable means, including by posting a revised Terms of Use through the Splitcart Site.  Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms of Use incorporating such changes or otherwise notified you of such changes. You agree that it is your responsibility to regularly check Splitcart.com and/or the App for any updated Terms of Use.  In addition, by continuing to use or access the Splitcart Site or otherwise engaging with Splitcart after we post any changes, you accept the updated Terms of Use. The “Last Updated” legend above indicates when these Terms of Use were last changed.

You may use the Site for your personal, noncommercial use only.  You may not use the Site to split the purchase price of goods you sell or intend to re-sell to others.  You may not use the Site to purchase goods as part of a raffle, auction, or other like commercial activity.  You may not use the Site if you are under the age of 18.  Further, you may not use the Site in any manner that conflicts with any applicable law.  HannDev, LLC is not a financial institution, credit card/debit card processor, acquirer, money transmitter, payment aggregator, or other like financial institution.

2. Privacy

Your use of the Site is subject to our Privacy Policy.  Please review the policy for more on how we collect and use information.

3. Information on Our Site

We try to be as accurate as possible with the information we present on the Site. We will make reasonable efforts to accurately display the attributes of the products we sell. We do not warrant that product descriptions or other content is accurate, complete, or error free. Prices and promotions are subject to change.  We cannot confirm the availability or price of an item until you place your order and all Splitters contributing to the required payment amount each Splitter  has agreed to and successfully remitted full payment of their portion of the purchase, including without limitation, any sales tax, shipping costs, and other fees. Despite our best efforts, sometimes an item listed for sale online may not be available, the offer may have been misstated, or an item may be mispriced. For any of these reasons, we may cancel your order, modify the price, or we may contact you for instructions on the order.

Splitcart and its suppliers and licensors may make available various Materials. The Materials are for educational and informational purposes only, and errors may appear from time to time.  Before you act in reliance on any Materials, you should confirm any facts that are important to your decision. Splitcart makes no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of any Materials.  SPLITCART ASSUMES NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS.

4. Content and Ideas

A. Submitting Content and Ideas

Splitcart provides functionality that enables users to make available Content and Ideas in connection with the Splitcart Site. Any text in Content should be written in English. You acknowledge and agree that you are responsible for all Content and Ideas you make available in connection with the Splitcart Site. You represent and warrant that (1) you have the authority to grant the rights in such Content and Ideas as set forth in these Terms of Use, including in Section 4(B) below; and (2) such Content and Ideas, and the use of such Content and Ideas, will not violate any term of these Terms of Use. This means you will be responsible for the legality, the accuracy, the appropriateness, the originality, and your rights in any such Content and Ideas.

B. Splitcart Rights to Use Content and Ideas

You grant to Splitcart a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display (publicly or otherwise) any Content that you make available, in any media or medium, and in any form, format, or forum now known or hereafter developed. You further agree that Splitcart is free to use any Ideas for any purpose. Splitcart may sublicense its rights in Content and Ideas through multiple tiers of sublicenses. Splitcart is, and will be, under no obligation (1) to maintain any Content or Idea in confidence; (2) to pay any compensation for any Content or Idea; or (3) to respond to any Content or Idea. You grant to Splitcart the right to use any name associated with any Content or Idea that you make available to Splitcart, although Splitcart has no obligation to exercise such right, or to otherwise provide any attribution for any Content or Idea.

C. Prohibited Content

You agree that you will not make available Content in connection with the Splitcart Site that:

  • is false, fraudulent, inaccurate, or misleading;
  • contains your full name(s), or any other confidential personally identifiable information of yourself or others;
  • violates any local, state, federal, or international laws or is otherwise tortious;
  • is protected by or would infringe on the rights of others (including Splitcart), including any patent, copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner;
  • is obscene, indecent, pornographic, or otherwise objectionable;
  • is derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Splitcart in its sole discretion;
  • victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
  • is violent or threatening, or promotes violence against, or actions that are threatening to, any individual or group;
  • contains advertisements, solicitations, or spam links to other web sites or individuals, without prior written permission from Splitcart;
  • contains or relates to chain letters or pyramid schemes;
  • impersonates another business, person, or entity, including Splitcart, its related entities, employees, and agents;
  • violates any policy posted on the Splitcart Site; or
  • is intended to cause harm, damage, disable, or otherwise interfere with the Splitcart Site or our partners.

D. Additional Collection of Data.
In order to test and help Splitcart, its partners, and third party developers improve their products and services, and unless you opt out as set forth below, you acknowledge that Splitcart and its subsidiaries and agents will be collecting, using, storing, processing and analyzing (collectively, “Collecting”) diagnostic, technical, and usage logs and information from your computers that are accessing the Site.  This information will be Collected in a form that does not personally identify you and may be Collected from such computers at any time. The information that would be Collected includes, but is not limited to, general diagnostic and usage data, various unique system or hardware identifiers, information about your computer, system and application software, and peripherals, and, if Location Services is enabled, the real-time geographic location of your computer and location search queries. By installing or using the Site on your computer(s) and/or device(s), you acknowledge and agree that Splitcart has your permission to Collect all such information and use it as set forth above.

5. Merchandise.

The Sites may make available listings, descriptions, and images of goods (collectively, “Products”). Such Products may be made available by us or by third parties. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Site). Such information and the availability of any Product are subject to change at any time without notice.

We have made efforts to accurately display the attributes of Products, including the applicable colors. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will accurately reflect actual product color or finish. In addition, certain weights, measures, and similar descriptions are approximate and are for convenience only.

We sell Products for children’s use; however, these Products are intended for sale to adults.

Splitcart has no liability to you for content on the Splitcart Site that you find to be offensive, indecent, or objectionable. Certain videos, movies, TV programs, video games, computer games, and other Products are labeled with age restrictions or are intended for individuals of certain ages or “mature audiences” only. By ordering an age restricted item, you certify that you satisfy the age restrictions.

Splitcart is not responsible for and cannot guarantee the performance of goods purchased on the Site.

While our goal is to provide accurate information, product packaging and material may contain more and/or different information than that provided on the Splitcart Site, including the product description, country of origin, nutrition, ingredient, allergen, and other information. Always read labels, warnings, directions, and other information provided with the product before using or consuming the product. For additional information about a product, please contact the manufacturer. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or health condition. If you find a product is not as described, your sole remedy is to return it in unused condition (excluding products that are not eligible for return), in accordance with Splitcart’s return policy.

It is your responsibility to ascertain and obey all applicable local, state, federal, and foreign laws (including minimum age requirements) regarding the purchase, possession, and use of any Product.

6. Paying for Your Order and Billing Information

Generally, we’ll charge your payment method for an item at the time of sale, once You (if buying alone) or You and all Splitters have contributed the necessary payment amounts.  However, we may preauthorize your order amount with your credit card, credit account, or debit card issuer at the time you place the order, which may have an effect on your available credit line. When you pre-order with a debit card, we may debit your card when you place the pre-order.  By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Products, as well as all shipping and handling charges and applicable taxes.

You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. By providing payment card information to us, you authorize us to store and use the card as a payment method for purchases made through your Splitcart.com account or your Splitcart App account.  Any agreement between you and the issuer of your credit card, debit card, or other form of payment will continue to govern your use of such payment method on the Splitcart Site. You agree that Splitcart is not a party to any such agreement, nor is Splitcart responsible for the content, accuracy, or unavailability of any method used for payment.

All billing information you provide to us must be truthful and accurate.  Providing any untruthful or inaccurate information is a breach of these Terms of Use and may result in cancellation of your order.  Prior to accepting an order, we may also request additional information from you. Verification of information may be required prior to the acknowledgment or completion of any purchase. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will attempt to contact you if all or any portion of your order is canceled or if additional information is required to accept your order. Splitcart may request a pre-authorization for some orders placed online or through the App with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.  Splitcart reserves the right, including without prior notice, to limit the quantity of items purchased per person, per household, or per order for any reason. We will attempt to notify you should such limits be applied. Splitcart also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms of Use, “reselling” will be defined as purchasing or intending to purchase any Product(s) from Splitcart for the purpose of engaging in a commercial sale of the same Product(s) to a third party.

In addition to any other remedies available to it, Splitcart may in its sole discretion restrict or terminate your account, or cancel or refuse orders for violations of, or abuse of the Splitcart returns policy.

7. Order Confirmation

Our order confirmation to you does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Splitcart cannot confirm the price or availability of an item until after your order is placed. Pricing or availability errors may occur on the Splitcart Site or App. Splitcart reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Splitcart.  Splitcart may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for products may be different on the Site and in the Splitcart App.  At any time after receipt of your order, we may accept, decline, or place quantity or other limits on your order for any reason.  We may impose these limits on a per-person, per-household, per-order, or any other basis.  If we reject, limit, or otherwise modify your order, we will attempt to notify you using the email address you provide to us.  If we cancel an order or part of an order that we have already charged you for, we’ll refund you the full amount of the canceled portion of the order.

8. Shipping and Delivery

Products will be shipped to an address designated by you for the receiver of the good, so long as such address is complete and complies with the shipping restrictions contained on the Splitcart Site as well as all other shipping restrictions imposed by applicable law. All transactions are made pursuant to a shipping contract, and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier.

Delivery of Products purchased from the Splitcart Site to addresses outside the United States is prohibited.  Some Products also have restricted delivery within the United States.  Estimated delivery times are determined based on the method of shipping chosen when Products are purchased and the destination of the Products.

9. Refund Requests and Returns

A. If the Selected Split Good is not Paid in Full.  If an Originator is splitting the purchase of a specified good with one or more other Splitters and a given Splitter or Splitters do/does not elect to contribute to the purchase (or otherwise does not pay the total amount owed by that Splitter), the Originator will have the opportunity to (1) elect to pay the total outstanding balance due on the purchase (and complete the transaction); (2) add an additional possible splitter to the campaign; or (3) elect to cancel the purchase and refund the money owed to the Originator and any Splitters.

B. Once a purchase is completed, in order to receive a refund, the product must be returned to and received by HannDev (or its designated agent as listed on any return receipt or shipping paperwork) within 30 days from the day the order is processed, and the product must be unused and in its original unopened packaging.  Any claim that the good was delivered damaged must be supported by proof of damage at the time of delivery.  You should email support@splitcart.com to begin the refund process. Funds will be in the form of a credit to the receiver that the receiver may only use on the Site.  You are responsible for any return shipping costs.

10. Proprietary Rights

All content included on or comprising the Site, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively “Content”) is protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is protected as a collective work under U.S. and international copyright laws, and HannDev owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content. You may not remove or modify any copyright, trademark or other proprietary notice contained in any Content you use, and you may not modify or alter the Content, copy or post the Content on any network computer, or broadcast the Content in any media. You may not copy, scrape, frame, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part. The HannDev logos and other trademarks on the Site are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by HannDev and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.

11. User Generated Content: Reviews, Comments, Communications, and Other Content

You may interact with the Site in numerous ways, including Reviews and Ratings, videos, Questions and Answers, Community Forums, testimonials, and email communication. You hereby grant HannDev a perpetual, irrevocable, royalty-free, transferable right and license to use, modify, reproduce, transmit, publish, display, delete, and distribute any information (except order information sent via email or phone) or materials you share with us throughout the world in any media, including when you allow HannDev to feature text, images and videos shared through social media (e.g., Facebook™, Twitter™, Instagram™, Pinterest™) or submitted through our Reviews and Ratings. You also grant us the right to use the name and social media handle that you use when you share content with us in connection with that content. When you share content to us, you will disclose any affiliation you have and you will not share anything that contains harmful computer code, references other websites, or is false, misleading, illegal, defamatory, libelous, hateful, racist, biased, threatening, or harassing.

Splitcart does not charge for mobile services, but standard message and data rates or other charges may apply from your carrier (any you are the sole party responsible for the same).   To receive help, email us at support@splitcart.com.  We cannot guarantee your satisfaction with the outcome of an issue, but We will comply with applicable laws.  TO THE MAXIMUM EXTENT PERMITTED BY THE CONTROLLING LAWS, REGULATIONS, RULES, ORDINANCES, ANY INADVERTENT VIOLATION OF ANY LOCAL, STATE, AND/OR FEDERAL LAW, REGULATION, RULES OR ORDINANCE, SHALL BE DEEMED INADVERTENT AND SHALL BE SEVERED FROM THESE TERMS OF USE, AND ALL SUCH OTHER LEGAL TERMS, CONDITIONS, REQUIREMENTS, INDEMNIFICATIONS, AND OTHER PROVISIONS SHALL REMAIN IN FULL FORCE AND EFFECT.  

 

12. Notification of Copyright Infringement Under the Digital Millennium Copyright Act (DMCA).

If you believe that your copyrighted material may have been infringed, please provide the HannDev Copyright Agent with the following information in writing:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, your email address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and/or
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

HannDev’s designated agent to receive notifications of claimed infringement can be reached by:

DMCA

Mail:               HannDev – DMCA Staff

3480 Glenbrook Circle N_

Bettendorf IA, 52722____

Email:             support@splitcart.com

Phone:             (877) 851-0053_____

Unless otherwise required by controlling law, the receipt of all communications from you shall not be deemed received by us unless we provide confirmation of receipt in writing.

For additional information regarding this procedure, please reference 17 USC 512.

13. Intellectual Property

The Splitcart Site and all Materials, and all copyrights, trademarks, trade dress, and other intellectual property rights there (collectively, the “IP”) are owned or controlled by or licensed to Splitcart, and are protected by U.S. and international trademark, copyright, and other intellectual property laws. Materials are licensed (not sold) to end users. Subject to your compliance with these Terms of Use, and solely for so long as you are permitted by Splitcart to use the Splitcart Site, you may access, view, download, and print the Materials for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark, or other proprietary designations contained on all Materials; (2) do not modify or alter the Materials in any way; and (3) do not provide or make available the Materials to any third party in a commercial manner. In addition, subject to your compliance with these Terms of Use, and solely for so long as you are permitted by Splitcart to use the Splitcart App, we permit you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to install and use the Splitcart App on a mobile device that you own or control, solely for your personal, non-commercial use. If you fail to comply with any of the terms or conditions of these Terms of Use, you must immediately cease using the Splitcart App and remove (that is, uninstall and delete) the Splitcart App from your mobile device.

No license, right, title, or interest in the Splitcart Site or any Materials is transferred to you as a result of your use of the Splitcart Site or your accessing, viewing, downloading, or printing of the Materials. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the Materials or the Splitcart Site. The Splitcart Site and Materials may be used only as a personal shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Splitcart Site and the Materials is strictly prohibited.  The compilation (meaning the collection, arrangement, and assembly) of the Splitcart Site and Materials is the exclusive property of Splitcart (and/or Splitcart’s affiliates) and is also protected by U.S. and international copyright laws.  Hanndev, LLC and the Splitcart names and logos, and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Splitcart Site are trademarks or trade dress Splitcart in the U.S. and other countries.  All other marks are the property of their respective companies.

Portions of the Splitcart Site may include third party software and other copyrighted material and your use of such material is governed by such respective terms. All third-party product specifications and descriptions are supplied by the respective vendor or supplier, and Splitcart shall have no responsibility with regard to the selection, performance, or use of these vendors or products. All understandings, agreements, or warranties, if any, take place directly between the vendors and the prospective users.

14. Disclaimers and Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY THE CONTROLLING LAW, HANNDEV PROVIDES THE SITE AND ALL INFORMATION, CONTENT, AND OTHER MATERIAL MADE AVAILABLE THROUGH THE SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT IT WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE.

ANY WARRANTY ON ANY PRODUCT SOLD THROUGH THE SITE IS PROVIDED BY THE MANUFACTURER OF THAT PRODUCT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HANNDEV WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ATTRIBUTABLE TO YOUR USE OF THE SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS YOU PURCHASE THROUGH THE SITE OR HANNDEV’S GROSS NEGLIGENCE, INTENTIONAL, WILLFUL, RECKLESS OR MALICIOUS MISCONDUCT, OR FRAUD.

15.       Links to Third-Party Websites

The Site may contain links to other sites operated by third parties (“Third-Party Site(s)”). These links are available for your convenience and are intended only to enable access to these Third-Party Sites and for no other purpose. HannDev does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third-Party Site or its content, products, or services. A link to a Third-Party Site on the HannDev Site does not constitute sponsorship, endorsement, approval or responsibility for any Third-Party Site. The conditions of use and privacy policy of any Third-Party Site may differ substantially from these Terms of Use. Please review the conditions of use for all Third-Party Sites for more information about the terms and conditions that apply to your use of Third-Party Sites.

16. Security

You certify that the Content you provide on or through the Splitcart Site is accurate and that the information you provide on or through the Splitcart Site is complete.  You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device. You agree to not share your account credentials with others.  Splitcart is not responsible for any losses arising out of the unauthorized use of your account.  You agree that Splitcart does not have any responsibility if you lose or share access to your device.  Your account may be restricted or terminated for any reason, at our sole discretion. Except as otherwise provided by law, at any time without notice to you, we may (1) change, restrict access to, suspend, or discontinue the Splitcart Site or any portion of the Splitcart Site, and (2) charge, modify, or waive any fees required to use any services, functionality or other content available through the Splitcart Site or any portion of the Splitcart Site.

You may use the Site only for lawful purposes.  Activities including, but not limited to, tampering with the Site, misrepresenting the identity of a user, and using buying agents or conducting fraudulent activities, on the Site are prohibited.  You may not violate or attempt to violate the security of the Site, including by, without limitation, (a) accessing data not intended for you or logging on to a server or an account which you are not authorized to access; (b) using the Site for unintended purposes or trying to change the behavior of the Site; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting; or (f) forging communications on behalf of HannDev (impersonating HannDev) or to the Site (impersonating a legitimate user). You may not send unsolicited or unauthorized email on behalf of HannDev, including promotions and/or advertising of products or services. We may prosecute you to the full extent of the law for any violation of these Terms of Use. You may not use any device, software or routine or data to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site. You may not use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents we provide and generally publicly available browsers.

This Agreement does not grant you the right to disclose, reproduce, distribute, modify or create derivative works of the Splitcart Site and/or App.  You agree not to decompile, reverse engineer, disassemble, decrypt, or otherwise attempt to derive the source code of the Splitcart Site.

17. DISPUTE RESOLUTION – MANDATORY ARBITRATION AND CLASS ACTION WAIVER

A. ARBITRATION AGREEMENT. YOU AND HANNDEV AGREE THAT ANY CLAIMS OR DISPUTES (“Claims”) THAT ARISE OUT OF OR RELATE IN ANY WAY TO THE TERMS OF THE TERMS OF USE, THE SITE, OR ANY SERVICE (INCLUDING BUT NOT LIMITED TO BILLING DISPUTES) SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION OR IN SMALL CLAIMS COURT. In arbitration, there is no judge and no jury. Instead, Claims are decided by an arbitrator whose authority is created by and governed by this arbitration agreement. Review of arbitration awards in the courts is very limited.
B. CLASS ACTION WAIVER: YOU AND HANNDEV AGREE THAT ALL CLAIMS BETWEEN US WILL BE RESOLVED IN AN INDIVIDUAL ARBITRATION. WE BOTH AGREE THAT THERE WILL BE NO CLASS, REPRESENTATIVE, OR CONSOLIDATED ACTIONS IN ARBITRATION. In addition, neither you nor HannDev may participate in a class or representative action in court as a class member if the claims asserted in the litigation would fall within the scope of this arbitration agreement if asserted directly by you or HannDev. To be clear, you and HannDev both waive any right to participate in any class action involving disputes between us.  This class action waiver is an essential part of our arbitration agreement and may not be severed. If for any reason this class action waiver is found unenforceable, then the entire arbitration agreement will not apply. However, the Jury Trial set forth in these Terms of Use will remain in full force and effect.
C. ARBITRATOR AUTHORITY: The arbitrator’s authority is governed by this arbitration agreement. You and HannDev agree that the arbitrator may award the same relief that a court of competent jurisdiction could award – consistent with and limited by these Terms of Use (including the limitations of liability set forth herein) but the arbitrator may not award declaratory or injunctive relief that extends beyond you and your dealings with HannDev. An arbitrator may award attorneys’ fees and costs to the prevailing party if a court would be authorized to do so under the applicable law.
D. ARBITRATION PROCEDURES: You and HannDev agree that your agreement affects interstate commerce, and the Federal Arbitration Act applies. All arbitrations shall be conducted by JAMS Endispute under its Streamlined Arbitration Rules and Procedures (“JAMS”). These Rules are available on the JAMS website at http://www.jamsadr.com or by calling 1.800.352.5267. If there is a conflict between the JAMS Rules and this arbitration agreement, then this arbitration agreement shall control. You and HannDev will equally split the cost of arbitration unless otherwise required by controlling law and/or the rule of the arbitration association.  To the extent required by controlling law or the rules of the arbitration association, HannDev will pay all filing fees and costs associated with commencing an arbitration, but you will be responsible for paying your own attorneys’ fees (if you chose to use an attorney in arbitration) unless you prevail in the arbitration and the arbitrator finds that you are entitled to recover your fees under the law. Except for claims determined to be frivolous, HannDev agrees not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law. If you bring an arbitration against HannDev, the arbitration hearing will be held in your hometown area, unless we both agree on a different location.
E. TIME LIMITATIONS: If you or HannDev want to assert a dispute against the other, the party with the dispute must initiate arbitration within one (1) year from the date the dispute arose. Absent commencing the arbitration within one (1) year from the date the dispute arose, the Dispute(s) will be forever barred.
F. SEVERABILITY: If any part of this “DISPUTE RESOLUTION – MANDATORY ARBITRATION AND CLASS ACTION WAIVER” section is ruled to be unenforceable, then the balance of this “DISPUTE RESOLUTION – MANDATORY ARBITRATION AND CLASS ACTION WAIVER” section shall remain in full effect and construed and enforced as if the portion rule unenforceable were not contained herein.
G. SURVIVAL: This arbitration agreement survives the termination of these Terms of Use between you and HannDev.
H. INJUNCTION: NOTWITHSTANDING ANY OF THE FOREGOING, ANY DISPUTE THAT FALLS WITHIN THE JURISDICTIONAL SCOPE AND AMOUNT OF AN APPROPRIATE SMALL CLAIMS COURT SHALL BE BROUGHT IN IOWA SMALL CLAIMS COURT ON AN INDIVIDUAL BASIS. IN ADDITION, EITHER PARTY MAY ELECT TO BRING AN ACTION IN IOWA COURT TO SEEK TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS.

18. JURY TRIAL WAIVER.

You and HannDev expressly and knowingly WAIVE THE RIGHT TO TRIAL BY JURY. This means that if for any reason the arbitration agreement contained in these Terms of Use is not enforced or is found inapplicable, our claims against each other will be resolved by a judge rather than a jury.

19. Disclaimer of Warranties and Limitation of Liability

IF YOU RELY ON THE SITE OR ANY INFORMATION, PRODUCT, OR SERVICE AVAILABLE THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED THROUGH THE SITE. THE SITE IS PROVIDED TO YOU “AS IS.” HANNDEV AND ITS AFFILIATES, AGENTS, AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE SITE (OR ANY INFORMATION, GOODS, OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH THE SITE). NOR DO WE OR THEY GUARANTEE THAT THE SITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HANNDEV AND ITS AFFILIATES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS, OR JUDGMENTS ARISING OUT OF OR RELATED TO ANY CONTENT POSTED TO THE SITE BY YOU OR ANY THIRD PARTY.

UNDER NO CIRCUMSTANCES WILL HANNDEV OR ITS AFFILIATES, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR ANY PRODUCT OR SERVICE LINKED TO OR FROM OR ADVERTISED OR PROMOTED ON THE SITE, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, AND LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF HANNDEV AND ITS AFFILIATES, AGENTS, AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATING TO THE SITE WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF THE SITE OUT OF WHICH SUCH LIABILITY ALLEGEDLY ARISES. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, YOU AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, TORTIOUS, OR ILLEGAL CONDUCT BY YOU OR ANY OTHER PARTY OR ANY INFRINGEMENT OF YOUR OR ANOTHER’S RIGHTS ARISING FROM OR IN CONNECTION WITH THE SITE.

TO THE LIMITED EXTENT THAT A CONTROLLING JURISDICTION DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES UNDER THIS AGREEMENT, THEN, ONLY IN SUCH INSTANCE IS IT POSSIBLE THAT SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY.

20. Indemnification

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS SPLITCART AND ITS OWNERS, SHAREHOLDERS, MEMBERS, MANAGERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, PARTNERS, AND LICENSORS FROM ANY AND ALL THREATENED CLAIMS, DAMAGES, LOSSES, JUDGEMENTS, AND/OR EXPENSES (INCLUDING WITHOUT LIMITATION ATTORNEY’S FEES AND COURT COSTS), ASSOCIATED WITH ALL ACTUAL OR POTENTIAL CLAIMS THAT ARISE FROM OR ARE RELATED IN ANY WAY TO YOUR USE OF THE SITE OR ANY BREACH OF THESE TERMS OF USE.

21. Governing Law.

You and Splitcart both benefit from establishing a predictable legal environment in which to publish, access and use this Site. Therefore, by publishing, accessing, and/or using the Site, you and HannDev explicitly agree that all disputes, claims, or other matters arising from or relating to your use of this Site will be solely and exclusively construed in accordance with the laws of the State of Iowa, without regard to its choice of laws rules.

22. iOS Splitcart App

In addition to your agreement with these Terms of Use, the following provisions apply with respect to your use of any version of the Splitcart App compatible with the iOS operating system of Apple Inc. (“Apple”):

  • Apple is not a party to these Terms of Use and does not own and is not responsible for any Splitcart App. Apple is not providing any warranty for the Splitcart App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the Splitcart App and will not be responsible for any other claims, losses, liabilities, damages, costs, or expenses with respect to the Splitcart App, including any third-party product liability claims, claims that the Splitcart App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the Splitcart App, including those pertaining to intellectual property rights, must be directed to Splitcart in accordance with the “How to Contact Us” section.
  • The license you have been granted in these Terms of Use is limited to a non-transferable license to use the Splitcart App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the Splitcart App, such as your wireless data service agreement.
  • You represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
  • Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Use and, upon your acceptance of the terms and conditions of these Terms of Use, will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof; notwithstanding the foregoing, Splitcart’s right to enter into, rescind or terminate any variation, waiver, or settlement under these Terms of Use is not subject to the consent of any third party.

23. Termination of Use

We may, in our sole discretion, terminate your account or your use of the Site at any time.  You are personally liable for any orders that you place or charges that you incur prior to termination.  We also may prohibit your access to and/or use of the Site at any time and may do so immediately without notice, and deny you access to the Splitcart Site, if in our sole discretion you fail to comply with any term or provision of these Terms of Use.  We may change, suspend or discontinue all or any aspects of the Site at any time without prior notice.