Terms of Service

Last updated: February 1, 2024 

 

A. General Terms

These terms of service (“Terms”) are entered into by and between you (“user,” “you,” or “your”) and SplytUp “Company,” “we,” “our,” or “us”), and they govern your access to and use of SplytUp websites, software, products, hosting, services, supporting software, and all related components, accessories, and documents, and all updates and revisions thereto (collectively the “Platform”), including any content, functionality, and services offered on or through the Platform, whether as a registered user, end-user or guest. 

Please read this Terms of Service (“Terms,” “Terms of Service”) carefully before using the Platform operated by SplytUp, a(n) Limited Liability Company formed in Florida, United States (“us,” “we,” “our”) as this Terms of Service contains important information regarding limitations of our liability. Your access to and use of this Platform is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users and others, who wish to access and use the Platform.

By accessing or using the Platform, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Platform. 

The Platform is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of the Platform, you warrant and represent that you are at least eighteen (18) years old and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of the Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of the Platform.

B. Changes to the Terms of Service

Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently, so you are aware of any changes, as they are binding on you.

We may revise and update the Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Platform thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Platform.

C. Pre-Qualification

We at SplytUp appreciate your interest in our firm. SplytUp values transparency, and we ask you to carefully review the following information before proceeding. Completing and submitting the following form is an important part of our intake process, but it does not establish an attorney- client relationship. You will not be a client of SplytUp unless and until we determine there is no conflict of interest and that we are otherwise able and willing to represent you. When completing the following form, you should answer the questions accurately but not volunteer additional information.

Please note that any information or documents you submit to SplytUp via this Platform (or otherwise) before we notify you that we have agreed to represent will be treated as confidential or protected, per our Privacy Policy. Also, if we decline to represent you or you do not hire SplytUp, our receipt of the information and documents you submit to us will not preclude SplytUp from representing or continuing to represent a person whose interests are adverse to yours (such as your spouse).

D. Prohibited Uses
You agree that you will use this Platform in accordance with all applicable laws, rules, regulations and these terms in their entirety at all times. SplytUp reserves the right to monitor our Platform for the purpose of determining that use of the our Platform complies with these Terms. The following is a non-exhaustive list of prohibited uses of this Platform. You agree that you will not perform any of the following prohibited uses:
  1. In any way that violates any applicable federal, state, local, or international law, rule of professional conduct, or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
  2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
  3. In any manner that abuses, threatens, defames, libels, incites hatred or violence toward, victimizes, intimidates, or otherwise harasses any person or group of persons;
  4. In a manner that discriminates on the basis of race, color, ethnicity, national origin, ancestry, religion, sex, gender, gender identity or expression, sexual orientation, age, military or veteran status, marital status, disability, or any other class protected under the law;
  5. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation;
  6. Impersonating or attempting to impersonate SplytUp or its employees, representatives, subsidiaries or divisions;
  7. Misrepresenting your identity or affiliation with any person or entity;
  8. Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Platform, or which, as determined in our sole discretion, may harm us or the users of this Platform or expose us or other users to liability;
  9. Using the Platform in any manner that could disable, overburden, damage or impair the Platform or interfere with another party’s use of the Platform;
  10. Using any robot, spider or other similar automatic technology, process or means to access or use the Platform for any purpose, including monitoring or copying any of the material on this Platform;
  11. Using any manual process or means to monitor or copy any of the material on this Website or for any other unauthorized purpose;
  12. Using any device, software, means or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;
  13. Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website;
  14. Attempting to attack or attacking the Platform via a denial-of-service attack or a distributed denial-of-service attack; AND
  15. Otherwise attempting to interfere with the proper working of the Platform.
E. Payments, Refunds & Deposit
SplytUp may process payment using a payment processor that it chooses to use. By using payment integrations, users agree to the services agreement of the payment processor. Your credit card will be charged a refundable $500 deposit while your legal team is being assigned and able to confirm the proper tier for your representation. During the payment process you are also required to review and execute the retainer agreement. Within five days, your credit card will be charged the complete retainer amount, or half the retainer amount with the balance due 30 days after, depending on the payment option you choose. Should you not qualify for any of our services, the $500 deposit will be completely refunded.
 
Price Changes. All prices are subject to change upon notice. Such notice may be provided by an e-mail message to the user’s email.

Once onboarding is complete no refunds are offered.
F. No Warranty On The Platform
This Platform is provided “as is,” no warranty, express or implied (including any implied warranty of merchantability, of satisfactory quality or fitness for a particular purpose or use) shall apply to this Platform, whether arising by law, course of dealing, course of performance, usage of trade or otherwise.
 
Availability, errors and inaccuracies. We assume no liability for the availability, errors or inaccuracies of the information, products or services provided on this Platform. We may experience delays in updating information on this Platform and in our advertising on other websites. The information, products and services found on the Platform may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Platform. The inclusion or offering of any product or service on this Platform does not constitute an endorsement or recommendation of such product or service by us.
G. Damages and Limitation of Liability
In no event shall SplytUp be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, relating to or in any way connected with your access to, display of or use of this Platform or with the delay or inability to access, display or use this Platform, including but not limited to your reliance upon opinions or information appearing on this Platform; any computer viruses, information, software, linked websites operated by third parties, products or services obtained through this Platform, whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes or otherwise, even if SplytUp has been advised of the possibility of such damages.
H. Links to Third-Party Websites
This Platform may contain hyperlinks to websites operated by third parties and not by us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from this Platform or other websites or applications, is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
I. Third-Party Services
Clients are not obligated to use the listed third-party resources, but they are available as a courtesy to clients. Clients are free to use or not use them, or to use someone else if they prefer.
J. Indemnity
You agree to indemnify SplytUp for all costs in connection with claims.
 
You agree to defend, indemnify, and hold SplytUp its affiliates, and their respective employees, representatives, agents, attorneys, directors, officers, and members harmless from any damage, loss, cost, or expense (including but not limited to attorneys’ fees and costs) incurred in connection with any third party claim, demand, or action brought or asserted against any of the indemnified parties: (i) alleging facts or circumstances that would constitute a breach of any provision of these Terms by you; (ii) arising from or related to your use of the Platform; or (iii) arising from or related to your user Content.
 
If you are required to provide indemnification, SplytUp may, in its sole and absolute discretion, control any claim at your sole cost and expense. You may not settle, compromise, or in any other manner dispose of any claim without SplytUp’s consent.
K. Intellectual Property & DMCA Notice & Procedure For Intellectual Property Infringement Claims
All contents of this Platform are ©2021 – 2024 SplytUp or third parties. All rights reserved. Unless specified otherwise, this Platform and all content and other materials on this Platform including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively, “Content”) are the proprietary property of SplytUp and are either registered trademarks, trademarks or otherwise protected intellectual property of SplytUp or third parties in the United States and/or other countries.
 
If you are aware of a potential infringement of our intellectual property, please contact info@SplytUp.com.
 
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Platform infringes on the copyright, trademark or other intellectual property rights of any person or entity.
 
If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights – DMCA.” Your notice to us must include the following information:
  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;
  2. A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
  3. Your name, email, address and telephone number; and
  4. A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law.

Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limit claims regarding the infringement of your

You may submit your claim to us by contacting us at:

Attn: Website Administrator

info@splytup.com

L. Terms of Agreement for Newsletter and Marketing Communications
By filling out a form on our site, you agree to subscribe to our newsletter and receive general marketing communications from us. These updates are designed to keep you informed about our latest offers, news, and other relevant information that may be of interest to you.
M. Unsubscribe & Data Removal Requests
If you wish to unsubscribe from our services and would like your data to be removed from all systems that we are not legally required to maintain, please complete the form below344re321’. We are committed to respecting your privacy and handling your information in accordance with data protection regulations. Upon receiving your request, we will process it promptly and confirm once the action has been completed.
 

 

N. Governing Law, Severability, Dispute Resolution, and Venue

These Terms shall be governed and construed in accordance with the laws of the state of Florida, United States, without regard to its conflict of laws provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Platform and supersede and replace any prior agreements we might have had with you regarding the Platform.

Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in United States, Florida.

You and SplytUp agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any class or representative action.

O. Changes to Terms of Service

We reserve the right to make changes to these Terms of Service at any time. We will not provide you with any notice when we make changes to this Terms of Service.

P. Questions

Any questions about our Terms of Service should be directed to at info@splytup.com.