Terms of Use

Conditions of Use

IF YOU ARE UNABLE TO AGREE TO THE CONDITIONS OF USE BELOW, OR DO NOT ACCEPT THE PRIVACY POLICY – DO NOT USE THIS SITE. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Conditions of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of DivvyMaster, Inc. dba as FairSplit or others.

General Disclaimer

The materials on this website could include inaccuracies or typographical errors and are subject to change at any time. The materials are provided “As Is” without warranty of any kind. To the maximum extent permitted by applicable law, Divvymaster, Inc. disclaims all warranties, either expressed or implied, and conditions with respect to the materials, their quality, performance, suitability, merchant-ability, fitness for a particular purpose, title and non-infringement.

Not Representing Legal Opinion

The materials and guidance related to services and topics on this website are provided “As Is” and without any claim to legal correctness, expertise or warranty of any kind. We highly recommend that any user seek expert legal advice and guidance for the laws of your state or country with regards to the services being performed and for how those may apply to the process and results provided through the site.

Photo, Video, Documents or Other Material Uploads and Participant Use

You represent that you own all of the content and information you post on FairSplit. You will not post content, upload images, documents or videos or other material, or take any action on DivvyMaster that infringes or violates someone else’s rights or otherwise violates the law. If you collect information from users while using our services on behalf of others, you will: obtain their consent, make it clear you (and not FairSplit) are the one collecting their information, and explaining what information you collect and how you will use it. If you infringe other people’s intellectual property rights, we will disable your account when appropriate. FairSplit’s Collaborative Division Services requires sharing of information throughout the division. Sharing related images, documents or videos electronically is one of several key benefits we offer. Our Service allows email invitations and communication to your selected recipients, to allow them to participate in the division, view, save, select and interact in a variety of ways with the shared data, and between the parties. This invitation email would contain a web link specifically to your division account and will also require those entering to agree to our Terms and Conditions of Use.

Other prohibited Activities

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any DivvyMaster and FairSplit servers, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not use any automatic device, program, algorithm or methodology, or any similar manual process, to acquire, access, copy or monitor any portion of the Site or its Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or Content, to obtain or attempt to obtain any materials, or information through any means not purposely made available through the Site.

You may not probe, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of FairSplit, including any FairSplit account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonably large load on the infrastructure of the Site or FairSplit’s systems or networks, or any systems or networks connected to the Site or to FairSplit. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other authorized person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to FairSplit on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity in communication with the Site or users of the Site or third parties unrelated to the site.

Security

DivvyMaster and its brands including FairSplit seeks to have good security measures in place to help protect against the loss, misuse and alteration of the information under our control. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. As a result, although we strive to protect Personal Information about you, we cannot ensure or warrant the security of any information you transmit to us through, or in connection with the Services, or that is stored by us. You acknowledge and agree that any information you transmit through the Services in connection with the Services is transmitted and stored at your own risk. If you have reason to believe that your information may be compromised you should immediately notify us.

Protecting the Privacy of Children

Our Services are not intended for use by children under the age of 13 and are not directed at such children. We do not knowingly collect Personal Information from children under the age of 13. Do not register at FairSplit.com if you are under the age of 13.

Contact Us

Please use the contact us page for any questions or concerns.

Limitation of Liability

IN NO EVENT WILL DIVVYMASTER, INC, BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION OF CONTRACT OR TORT, ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS AVAILABLE ON THIS WEBSITE. IN PARTICULAR, AND WITHOUT LIMITATION, DIVVYMASTER, INC. SHALL HAVE NO LIABILITY FOR ANY LOSS OF USE, DATA, INCLUDING THE COSTS OF RECOVERING SUCH DATA, OR RESULTING REAL OR CLAIMED LOST PROFITS.

Indemnity

You agree to indemnify and hold DivvyMaster, Inc., its officers, directors, shareholders, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against DivvyMaster, Inc. by any third party due to or arising out of or in connection with your use of the Site.

Jurisdiction

The Services are controlled and operated by us from the United States, and is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. We do not represent or warrant that the Services, or any part of the Services, are appropriate or available for use in all jurisdictions. Any who choose to access the Services do so at their own risk, and are responsible for complying with all local laws, rules and regulations and our own Terms and Conditions and Privacy Policies. We may limit the Services’ availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Ventura County, California, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between DivvyMaster, its other brands including FairSplit and ListStuffFast and you arising out of or in connection with your use of the Site(s), the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation.