Terms of Service
Last updated: September 07, 2018
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the https://www.JustSplitIt.com website and the Just Split It mobile application (together, or individually, the "Service") operated by Just Split It, Inc. ("us", "we", "our", or “JSI”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. If you are a minor in the jurisdiction in which you reside (generally under the age of 18), you must have permission of, and be directly supervised by, your parent or legal guardian to use our Service, and your parent or legal guardian must read and agree to these Terms of Service prior to using our Service. Notwithstanding the foregoing, you are not authorized to use our Service is you are under the age of 13. If you are using our Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.
Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service. If your account is cancelled for any or no reason, you may forfeit any pending, current, or future account credits or promotional offers and any other forms of unredeemed value in or associated with your account without prior notice to you.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. JSI will not be liable for any injury, loss, or damage of any kind arising from or relating to your failure to comply with the aforementioned or for any acts or omissions by you or someone else who is using your account and/or password.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to email@example.com, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims"
You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. §512(c)(3) for further detail):
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You can contact our Copyright Agent via email at firstname.lastname@example.org.
Please note that this procedure is exclusively for notifying Just Split It and its affiliates that your copyrighted material has been infringed. The preceding requirement are intended to comply with Just Split It’s rights and obligations under DMCA, 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, Just Split It has adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. Just Split It may also in its sole discretion limit access to the Service and/or terminate the Accounts of any user who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
The Service and its original content, features and functionality (Collectively, the “Materials”) are and will remain the exclusive property of Just Split It, Inc. and its licensors. Our Service is protected by copyright, trademark, trade dress, domain name, patent, trade secret and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Just Split It, Inc.. Please be advised that JSI enforces its intellectual property rights to the fullest extent of the law.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferrable, non-sublicensable, and revocable license to access and use our Service and/or Materials for your personal and noncommercial use, solely as expressly permitted by these Terms, all applicable intellectual property laws, and any additional terms contained on the Service. Any other use of the Service is strictly prohibited.
The Service and the Materials may not be copied, republished, uploaded, posted, transmitted, distributed in any way, and/or modified without our express written permission. Nothing contained on the Service and/or Materials (other than as provided herein) and/or third party proprietary content on the Service without the express written permission of Just Split It or the appropriate third party owner, as applicable. Any rights not expressly granted herein are reserved by Just Split It and Just Split It’s licensors.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Just Split It, Inc.
Just Split It, Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Just Split It, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit. Your access to and/or use of any third party websites or services, including, without limitation, providing information, materials and/or other content to the third party websites or services, is entirely at your own risk. Just Split It, Inc. reserves the right to discontinue links to any third party websites or services at any time and for any reason, without notice.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. We will have no liability whatsoever on account of any changes to the Service or any suspension or termination of your access to or use of the Service.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Just Split It, Inc. reserves the right to seek all remedies available at law or in equity for violations of the Terms, including, without limitation, the right to block access to the Service from a particular account, device and/or IP address.
You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, y operation of law or otherwise, without our prior written consent. We may assign these Terms in whole or in part at any time to any entity without your notice or consent. Any purported assignment by you in violation of this section shall be null and void.
You agree to defend, indemnify and hold harmless Just Split It, Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation Of Liability
to the fullest extent permissible by applicable law, in no event shall Just Split It, Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
you and just split it, Inc. agree that the warranty disclaimers and limitation of liability in these terms are material, bargained-for bases of these terms, and that they have been taken into account in determining the consideration to be given to be given by each party under the terms and in the decision by each party to enter into and agree to the these terms. you and just split it agree that the warranty disclaimers and limitation of liability in these terms of service are fair and reasonable. if you are dissatisfied with the service or do not agree to any provisions of these terms of service, your sole and exclusive remedy is to discontinue using the site, except as may be otherwise provided for in this section.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Just Split It, Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Just Split It, Inc. relies upon restaurants and other third-party food and beverage providers to provide accurate allergen and dietary information and general product safety. Just Split It, Inc. does not represent or warrant that the information accessible through the Service is accurate, complete, reliable, current, or error-free, including, without limitation, menus, nutritional and allergen information, photos, food quality or description, pricing, hours of operation, or reviews. All content is provided for information purposes only. The reliance on any information provided through the Service is solely at your own risk, including, without limitation, nutritional and allergen information.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of New York, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. 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 us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us.