Terms of Service
YOUR USE OF THIS WEBSITE IS GOVERNED BY THESE TERMS & CONDITIONS
By using www.splits59.com any related subdomains, services and other sites and tools linked to splits59.com (collectively, the “Site”), you agree to these Terms of Service for the Site. As used in these Terms of Service, “SPLITS59”, “us” or “we” refer to SPLITS59, LLC. and its subsidiaries or affiliates.
THESE TERMS OF SERVICE INCLUDE LIMITATIONS OF LIABILITY, CHOICE OF FORUM FOR DISPUTES PROVISIONS AND OTHER PROVISIONS THAT MAY LIMIT YOUR RIGHTS.
SPLITS59 reserves the right to make changes to these Terms of Service at any time, and such changes will be effective immediately upon being posted on the Site. Each time you use the Site, you should review the current Terms of Service. You can determine when these Terms of Service were last revised by referring to the “LAST UPDATED” legend at the top of these Terms of Service. Your continued use of the Site will indicate your acceptance of the current Terms of Service. If you do not agree to any change in the Terms of Service then you must immediately stop using the Site.
ACCURACY OF INFORMATION PROVIDED BY YOU
You represent and warrant that any information that you provide in connection with your use of the Site is true, accurate, and complete, and that you will maintain and update such information as necessary to maintain its accuracy. You acknowledge that if any information you provide is false, inaccurate, obsolete or incomplete, we may terminate your use of the Site.
You may be required to register with SPLITS59 in order to access certain services or areas of the Site. With respect to any such registration, we may refuse to grant to you, and you may not use, a user name (or e–mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that personally identifies you; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.
Your user name and password are for your personal use only. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. SPLITS59 reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
SPLITS59 reserves the right, without notice and in its sole discretion, to terminate your account or your use of the Site, and to block or prevent future access to and use of the Site if you violate any of these Terms of Service. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that we may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that we shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and we shall not be required to make such information or files available to you after any such termination. Upon termination, all provisions of these Terms of Service, including all representations, warranties, limitations of liabilities, and all indemnities shall survive such termination.
We make available products for purchase through the Site, and we may use third–party suppliers and service providers to enable e–commerce functionality on the Site. If you wish to purchase any product made available through the Site, you may be asked to supply certain information relevant to your transaction, including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to SPLITS59 the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction through the Site.
Descriptions and images of, and references to third–party products or services available in connection with the Site do not imply SPLITS59’s endorsement of such third–party products or services. All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these
products or services will be available at any time.
SPLITS59 reserves the right, with or without prior notice: to limit the available quantity of or discontinue any product or service; to impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all transaction(s); and/or to refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your transactions.
Nothing on the Site constitutes a binding offer to sell products described on the Site or to make such products available in your area. SPLITS59 reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in SPLITS59’s sole discretion, even after SPLITS59’s receipt of an order confirmation or after your credit card has been charged. The prices displayed on the Site are quoted in U.S. dollars and must be paid in U.S. dollars. In the event a product is listed at an incorrect price, SPLITS59 has the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, SPLITS59 will issue a credit to your credit card account.
SPLITS59 strives to display as accurately as possible the colors of the products shown on the Site. However, because the colors you see will depend on your monitor, SPLITS59 cannot guarantee that your monitor’s display of any color will be accurate.
LIMITATIONS ON QUANTITY
SPLITS59 does not offer additional discounts on large orders of a single item or on large orders of many individual items. In addition, SPLITS59 reserves the right to limit quantities on orders placed by the same account, the same credit card, or orders that use the same billing and/or shipping address. We will notify you if such limits are applied.
AVAILABILITY, ERRORS AND INACCURACIES
Many of our featured items are offered in limited quantities and, because of their limited availability, stock will not and cannot be refreshed. That means once an item is gone, it may be gone for good and not appear on the Site again. When an item featured on the Site is no longer in stock, we make reasonable attempts to remove that item from the Site in a timely manner. Should you have any questions concerning the availability of a particular item or its price, please contact us at firstname.lastname@example.org.
SPLITS59’s acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped, or that the price or availability of an item has been confirmed.
If you believe a product offered by SPLITS59 is not as described, your sole remedy is to return it to us in unused condition for a refund, subject to our written return policies and return window in effect at the time.
Despite all efforts, a small number of the items on the Site may be mispriced, described inaccurately or unavailable, and we may experience lags in uploading updates throughout the Site and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of the information, including prices, product images, specifications, availability and services. SPLITS59 reserves the right to change or update information and to correct errors, inaccuracies or omissions at any time, including after an order has been submitted, without prior notice. We apologize for any inconvenience.
SALES, SHIPPING AND RETURNS
SPLITS59 may accept certain credit card payments for the purchase of goods on the Site. There is no surcharge for using your credit card to make purchases. Please be sure to provide your exact billing address and telephone number (i.e. the address and phone number your credit card bank has on file for you). Incorrect information will cause a delay in processing your order, or may cause your order to be canceled. Your credit card will be billed upon checkout.
It is your sole responsibility to provide a secure and accurate shipping address for your order. SPLITS59 is not liable for shipments that may be stolen or damaged at the point of delivery. SPLITS59 may at its discretion require a signature on high value orders.
For multiple product orders, we will make every attempt to ship all products contained in the order at the same time. Products that are unavailable at the time of shipping will be shipped as they become available, unless you inform us otherwise. You will only be charged for shipping at the rate quoted to you on your purchase receipt. The entirety of this shipping charge may be applied to the first product(s) shipped on a multiple shipment order.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of SPLITS59’s offer to sell. SPLITS59 reserves the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item.
For more information on the sales process, shipping and returns, please see our complete
Shipping & Return policy below.
SPLITS59 shall automatically charge any sales taxes applicable to sales carried out through
the Site, for which the purchaser shall be solely responsible.
Shipping dates on Pre-Order items are estimates only. Goods are not guaranteed to ship on the date listed. All Pre-Order items are subject to delays and cancellations during production.
ORDER CHANGES AND CANCELLATIONS
Once your order is placed, we may unable to adjust any details. Should you decide you would like to change your order for any reason, please contact email@example.com with all the details of the required change. We will make every effort to edit your order, or cancel it so that a new order can be placed. Please note once your item has shipped we will not be able to cancel or edit your order with the carrier.
We offer complimentary ground shipping on domestic orders within the 48 contiguous United States. Expedited shipping is available for an additional fee.
Orders are processed pending item availability and credit card verification. SPLITS59 will contact you via email if there are any issues with your order.
Orders placed Monday - Friday after 1PM PST will begin processing the next business day and will ship within 2 business days.
Orders placed on Friday after 1PM PST or over the weekend will begin processing on the following Monday.
SPLITS59 does not process or ship orders on Saturday, Sunday or company observed holidays. The following holidays are observed:
• New Years Eve
• New Years Day
• Martin Luther King Jr. Day
• Presidents Day
• Memorial Day
• Independence Day
• July 5th Day after Independence Day
• Labor Day
• Thanksgiving Day
• Day after Thanksgiving
• Christmas Eve
• Christmas Day
Orders within the US typically arrive in 2-10 business days after goods leave our shipping facility. Please note that we cannot guarantee precise delivery dates.
All orders ship with delivery confirmations which can be used to track your package. We are unable to provide tracking information beyond that supplied by the shipper. Please note that we cannot guarantee precise delivery dates.
We are not responsible for packages that are lost or damaged in transit beyond the insurance coverage provided. If you need to make a change to your shipping address, email us at firstname.lastname@example.org as soon as possible. We may be able change the address as long as the package has not left our facility. Unfortunately, we cannot reroute a package once it has shipped. We do not currently offer Saturday shipping.
USPS GROUND - FREE
FedEx 2 DAY - $9 USD
Additional ground and expedited rates are available at checkout.
All orders should arrive to their destinations within 5-10 business days of shipping from our warehouse. Eligible returns will be accepted at the customer’s shipping expense. Upon arrival to the destination country, INTERNATIONAL ORDERS MAY BE SUBJECT TO DUTIES AND TAXES BILLED BY THE DESTINATION COUNTRY’S CUSTOMS DEPARTMENT. YOUR DUTIES AND TAXES WILL BE ESTIMATED AND COLLECTED AT THE TIME OF CHECKOUT. The recipient must bear any additional charges for customs clearance; we have no control over such charges and cannot predict what they may be. We are not responsible for customs or transit delays. For more information ahead of purchase please contact customer care.
RISK OF LOSS & INSURANCE
All risk of loss and title to products purchased on the Site pass to the purchaser upon delivery to the carrier as verified by carrier scan. The risk of loss and title e–Gift Cards passes to the purchaser upon our electronic transmission to the recipient. Should a carrier fail to scan a shipment within 5 days of handoff, SPLITS59 will reship the order at no cost to you. If items are unavailable for shipment, you may select from alternative items of equal value or you can request a refund for those items. Should the original shipment be scanned after the reshipment occurs you agree to return the duplicate shipment, with a free return label provided by SPLITS59.
As a courtesy SPLITS59 provides free 3rd party insurance coverage for all shipments. The provision of this insurance does not constitute liability on the part of SPLITS59 for the value of shipped goods. COVERAGE IS LIMITED TO LOSS OR DAMAGE IN TRANSIT ONLY, THEFT FROM THE DELIVERY ADDRESS IS YOUR SOLE RESPONSIBILITY. This insurance may be provided through the carrier (UPS, FedEx, USPS, DHL) or through a 3rd Party Insurer at the discretion of SPLITS59. In the event that a shipment is lost or damaged in transit, SPLITS59 will file a claim with carrier insurance and/or our 3rd party insurer on your behalf at your request. You agree to cooperate with the claims process by providing all necessary information and/or confirmation of loss or damage including digital affidavits and photos as needed. For damage in transit claims please provide photos of original packaging. Refunds and reshipments will proceed only after the claim is processed and approved.
SPLITS59 is not responsible for carrier deliveries to the incorrect address. Please note that most carriers confirm delivery via GPS. As a result it is very difficult to obtain approval on insurance claims due to incorrect delivery without supporting evidence. If you have evidence (video or otherwise) that a shipment was not delivered at the location, date, and time stated by the carrier, please provide it to us at email@example.com and we will attempt to resolve the claim in your favor with the carrier.
All unworn, unused merchandise accompanied by the original purchase receipt can be returned for a full refund within 30 days of delivery. Any item marked as Final Sale cannot be returned or exchanged. Items must be returned to us in original condition. Make sure all items are exactly how you received them with tags still attached. Original polybags are helpful but not necessary.
Please use the original packaging included in your shipment to return any item(s) if available. Once our quality control team has approved the returned stock, your refund will be credited directly back to the original form of payment used. Your refund will be processed within 5-15 business days from when your return is received, most likely sooner. Exchange orders will ship within 72 hours of the original item being received back.
In the event of manufacturing defect, please email us at firstname.lastname@example.org
within 48 hours of receiving your purchase.
We do not offer price adjustments or sale rain checks.
FREE DOMESTIC RETURNS
You will be issued with a pre-paid returns label once your order has been submitted into our returns portal. Use the packaging included in your original purchase to send your item(s) back to us, unless it is damaged or not available. You may use your own packaging if you prefer.
We do not provide shipping labels for international returns. Please reach out to
email@example.com for instructions on shipping your item back to us.
COMMENTS / FEEDBACK
We welcome your comments and feedback regarding our Site, our products and our services. We do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, ideas, suggestions, materials, information, product designs or concepts, and other submissions disclosed, submitted or offered to SPLITS59 using this Site or otherwise (collectively, “Comments”) are not confidential and will become and remain SPLITS59’s property. The disclosure, submission or offer of any Comments will constitute an assignment to SPLITS59 of all worldwide rights, titles and interests and goodwill in the Comments without payment of any compensation. Comments submitted by you must not violate any right of any third party, and must not contain any libelous, abusive, obscene or otherwise unlawful material.
NO UNLAWFUL OR PROHIBITED USES
The Site may be used only for lawful purposes and is available only for your personal, noncommercial use, which shall be limited to viewing the Site, purchasing products, providing information to the Site, and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications to the Site. SPLITS59 specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:
Posting any information which is incomplete, false, inaccurate or not your own; engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation that would fail to comply with accepted Internet protocol; communicating, transmitting, or posting material that is copyrighted, trademarked, or otherwise owned by a third party unless you are the copyright or trademark owner or have the permission of the owner to post it; communicating, transmitting, or posting material that reveals trade secrets, unless you own them or have the permission of the owner; communicating, transmitting, or posting material that infringes on any other intellectual property, privacy or publicity right of another; communicating, transmitting, or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of US export control laws; attempting to interfere in any way with the Site’s or SPLITS59’s networks or network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system.
INTELLECTUAL PROPERTY NOTICE
All content included on the Site, such as text, graphics, logos, images, audio clips, video, data, music, software and other material (collectively “Content”), is owned or licensed property of SPLITS59 or its software and content suppliers and is protected by copyright, SPLITS59, patent or other proprietary rights. The collection, arrangement, and assembly of all content on the Site are the exclusive property of SPLITS59 and protected by U.S. and international copyright laws. The Content of the Site, and the Site as a whole, is intended solely for personal, noncommercial use by the users of our Site. You may download, print, post and store selected portions of the Content for personal, noncommercial purposes, provided you do not modify or alter the Content in any way, or delete or change any copyright or SPLITS59 notice.
SPLITS59 and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials that appear on the Site. Access to the Site does not confer and shall not be considered as conferring upon anyone any license under any of SPLITS59’s or any third party’s intellectual property rights.
Users accessing the Site are invited and encouraged to customize the appearance and design features of SPLITS59 products. To the extent that the results of any such customization of our products on the Site are protectable under applicable intellectual property law, the user creating such customizations acknowledge that each is considered Content, wholly and exclusively owned by SPLITS59, and by completing their purchase, assigns all right and title in and to such designs to SPLITS59.
LINKS TO THIRD PARTIES’ WEBSITES
The Site may contain links to websites of third parties, including social sites and product manufacturers. SPLITS59 is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms and conditions and content of any such website. Before enabling any sharing functions of the Site to communicate with any such website; SPLITS59 strongly recommends that you review and understand the terms and conditions, privacy policies, settings and information sharing functions of each such third party website. The links and interactive functionality for third party sites on the
Site in no way constitute an endorsement by SPLITS59 of these third party websites. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site. YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES IS AT YOUR OWN RISK.
DISCLAIMERS OF WARRANTIES — GENERAL
While SPLITS59 attempts to ensure your access and use of the Site is safe, SPLITS59 cannot and does not represent or warrant that the Site or its server will be error–free, uninterrupted, free from unauthorized access (including third party hackers or denial of service attacks) or otherwise meet your requirements.
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS AND OTHER PRODUCTS (INCLUDING SOFTWARE), SERVICES AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY SPLITS59 ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. SPLITS59 MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, THE ACCURACY OR COMPLETENESS OF CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), SERVICES OR USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR ITS SERVERS, OR THAT EMAILS SENT FROM SPLITS59 ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. SPLITS59 WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS PRODUCTS (INCLUDING SOFTWARE), SERVICES OR USER CONTENT OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, SPLITS59 DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
CERTAIN PROVIDERS OF PRODUCTS MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS. THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCT WARRANTIES, BUT YOU WOULD LOOK SOLELY TO SUCH THIRD PARTIES WITH RESPECT TO ANY SUCH REPRESENTATION AND WARRANTIES.
On the Site, we may display names, marks, products, advertisements or services of third parties, pop–up texts, or links to third party sites. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE SITE, ANY PRODUCTS, SERVICES, OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE. If you decide to link to any such third party sites, you do so entirely at your own risk.
The Site is controlled and operated by SPLITS59 from the United States, and is not intended to subject SPLITS59 to the laws or jurisdiction of any state, country or territory other than that of the United States. SPLITS59 does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL SPLITS59 OR ANY OF ITS RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS ARE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF SPLITS59 HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.IF YOU ARE DISSATISFIED WITH THE SITE OR ANY CONTENT ON THE SITE, OR WITH THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
INDEMNIFICATION AND DEFENSE OF SPLITS59
As a condition of the use of the Site, you agree to defend, indemnify and hold harmless SPLITS59, and its respective employees, directors, officers, agents, vendors and suppliers from and against any liabilities, losses, investigations or inquiries, claims, suits, damages, costs and expenses (including without limitation, reasonable attorneys’ fees and expenses) (each, a “Claim”) arising out of or otherwise relating to your use of the Site.
ENFORCEMENT OF TERMS & CONDITIONS
BY ACCESSING AND USING THE SITE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SITE IS SUBJECT TO THESE TERMS & CONDITIONS, AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE STATE OF CALIFORNIA, UNITED STATES OF AMERICA. The laws of the State of California, without regard to choice–of–law principles, govern all matters arising out of or related to these Terms of Service, including the sale of any products. You agree that the exclusive forum and venue for any legal action arising out of or related to these Terms of Service, including the sale of any products, shall be the federal or state courts of Los Angeles County, CA and you submit to the personal jurisdiction and venue of those courts.
These Terms of Service, including policies incorporated herein, constitute the entire agreement between you and SPLITS59 with respect to the Site. These Terms of Service supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and SPLITS59 with respect to the Site. No provision of these Terms of Service shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No waiver will be applicable other than in the specific instance in which it is given. No failure to exercise, partial exercise of, or delay in exercising any right or remedy, or failure to require the satisfaction of any condition under, these Terms of Service shall operate as a waiver or estoppel of any right, remedy or condition. If any provision of these Terms of Service is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. Nothing in these Terms of Service creates a relationship of agent and principal, partners, joint venturers or employer–employee between the parties, and no act or obligation of either party will in any way bind the other. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms of Service without our express prior written consent. We may also provide notice of changes to these Terms of Service by displaying such notices or by providing links to such notices.
You agree that a printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.
If you have any concerns about SPLITS59 or your use of the Site, please contact
us at firstname.lastname@example.org
SPLITS59 MOBILE MESSAGE SERVICE TERMS AND CONDITIONS
Last updated: 10/6/21
The SPLITS59 mobile message service (the "Service") is operated by SPLITS59 (“SPLITS59”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted in, the Service provides updates, alerts, and information (e.g., order updates, account alerts, etc.) promotions, specials, and other marketing offers (e.g., cart reminders)] from SPLITS59 via text messages through your wireless provider to the mobile number you provided. Message frequency varies. [[If sending in the US or Canada] Text the single keyword command STOP to [insert your sending number][If sending using an alphanumeric sender ID in the UK] Click the unsubscribe link in any text message to cancel at any time. to cancel at any time.] You'll receive a one-time opt-out confirmation text message. If you have subscribed to other SPLITS59 mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to +1 (833) 511-1214 or email email@example.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
Any product, service, or promotion that is unlawful where such product, service, or
promotion thereof is received;
Any content that implicates and/or references personal health information that is
protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Klaviyo, Gladly or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Los Angeles, California before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which SPLITS59, LLC's principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.