services provided by CleanSplit, LLC doing business as CleanSplit.com
or their affiliates or owners (“CleanSplit”) through their
website or any affiliated websites, including any pages found at or
under the cleansplit.com domain (together, all pages are the
also to any person or entity who obtains access by your actions or
your username and password, whether intended or not (together
By using any portion of the Website or
by clicking your consent, Customer agrees to these Terms and
Conditions. If Customer does not agree to all of the following Terms
and Conditions, Customer should not use the Website.
1. Scope of License.
As a result
of data entered by Customer, CleanSplit will generate various emails
and lists (“Materials”). CleanSplit grants you
permission to download, view, copy and print the Materials on any
single, stand-alone computer solely for your own use. This permission
terminates automatically without notice if you breach any of the
you agree to immediately destroy any downloaded or printed Materials.
Any unauthorized use of any Materials contained on this Site may
violate copyright laws, trademark laws, laws of privacy and publicity
and communications regulations and statutes. Except for data entered
by Customer, everything on the Website, including all copyrights to
any content or trademarks to any marks throughout the world, are the
property of CleanSplit, and any rights not expressly granted herein
are expressly reserved by CleanSplit. If there are any other
trademark or other intellectual property rights other than owned by
CleanSplit, the ownership is set forth on a page entitled
“Intellectual Property Rights” on the Website. CleanSplit
may change the features on the Website at any time in its sole
2. Responsibility for Access.
order to access some features of the website, Customer will have to
create an account. When creating Customer's account, Customer must
provide accurate and complete information and is solely responsible
for the activity that occurs on Customer's account, and must notify
CleanSplit immediately of any breach of security or unauthorized use
of Customer's account. Customer is responsible for all access to the
Website by Customer or other individuals at any location by using
Customer's username and password, even if Customer did not authorize
such use. Customer agrees to defend and indemnify CleanSplit from
any claims or damages relating to or arising out of any such access.
3. Customer Data Submissions
The Website permits the
submission of data, including names, titles, descriptions and
photographs (“User Submissions”) to accomplish its purpose.
Although CleanSplit provides commercially reasonable security,
CleanSplit does not guarantee confidentiality with respect to any
User Submissions. Customer accepts sole responsibility for its User
Submissions and the consequences of posting or publishing them. In
connection with User Submissions, Customer represents and warrants
that it owns or has the necessary rights to use, and authorizes
CleanSplit to use for its purposes, all patent, trademark, trade
secret, copyright or other proprietary rights in and to any and all
User Submissions to enable inclusion and use of the User Submissions
in the manner contemplated by the Website and these Terms. By
submitting the User Submissions to CleanSplit, Customer grants
CleanSplit a license to use, reproduce, distribute and display the
User Submissions to the other Customer(s) tied to your account, along
with such other Customer’s authorized users or viewers.
Customer agrees not to upload, download, display, perform, transmit
or otherwise distribute any content that: (i) is libelous,
defamatory, obscene, pornographic, abusive or threatening; (b)
advocates or encourages conduct that could constitute a criminal
offense, give rise to civil liability or otherwise violate any
applicable local, state, national or foreign law or regulation; or
(c) advertises or otherwise solicits funds or is a solicitation for
goods or services. CleanSplit may remove any User Submissions and/or
terminate a Customer's access for uploading such material in
violation of these Terms at any time, without prior notice and in its
In particular, if Customer is
a copyright owner and believes that any User Submission or other
content infringes upon its copyrights, Customer 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): (i) A physical or electronic signature of a person
authorized to act on behalf of the owner of an exclusive right that
is allegedly infringed; (ii) 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; (iii)
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 the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service
provider to contact Customer, such as an address, telephone number,
and, if available, an e-mail address; (v) A statement that
Customer has 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 (vi) A statement that the information
in the notification is accurate, and under penalty of perjury, that
Customer is authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed. CleanSplit's designated Copyright
Agent to receive notifications of claimed infringement is: Sally
Jacobsen, 16118 Birchwood Lane, Brainerd, MN 56345: email:
email@example.com, fax: (218) 828-8266. Only DMCA notices should
go to the Copyright Agent; any other feedback, comments, requests for
technical support, and other communications should be directed to
CleanSplit customer service through firstname.lastname@example.org. Customer
acknowledges that if Customer fails to comply with all of the
requirements of this Section 5(D), Customer's DMCA notice may not be
published through a link at the Website and is incorporated herein by
Customer agrees to frequently check for any changes in the policy and
to notify CleanSplit immediately if it does not agree to any of the
5. Third-party Websites and Links.
The Website may contain links to third party websites that are not
owned or controlled by CleanSplit, and it has no control over, and
assumes no responsibility for anything relating to third party
The use of the
Website involves a number of deadlines, including deadlines for the
submission of bids on items of property. Customer agrees to comply
with such deadlines, and understands that the Website will
automatically take certain actions, including cutting off bids, if
the Customer does not complete his/her bidding by the deadlines.
Customer expressly waives any and all claims whatsoever against
CleanSplit and its officers, members and owners relating to or
arising out of any such deadlines or the consequences of missing any
7. No Legal Advice.
CleanSplit is designed to help divorcing parties efficiently divide
some or all of their assets, but is not a substitute for the services
of an attorney. At no time does CleanSplit review your submissions
for legal sufficiency, draw legal conclusions, provide legal advice
or apply the law to the facts of your particular situation. Although
CleanSplit strives to keep the Website and any information on it
accurate, current and up-to-date, CleanSplit does not guarantee that
all of the information on the Website accurate or current. Any legal
information contained on the Website is not legal advice and
therefore, if you need legal advice for your specific problem you
should consult a licensed attorney in your area. This Website is not
intended to create any attorney-client relationship, does not
constitute the practice of law, and your use of it does not and will
not create an attorney-client relationship between you and
CleanSplit. Communications between you and CleanSplit are not
protected by the attorney-client privilege or work product doctrine.
Customer agrees to defend, indemnify and hold harmless CleanSplit,
our officers, directors, shareholders, members, employees, owners and
agents from and against any and all claims, liabilities, damages,
losses or expenses, including reasonable attorneys' fees and costs,
arising out of or in any way connected with your access to or use of
the Website or the Materials or any breach of any terms of this
Agreement by Customer.
9. Disclaimer of Warranties and Limitation of Liability.
CUSTOMER ACCEPTS THE WEBSITE AND ALL
SERVICES PROVIDED BY CLEANSPLIT “AS IS,” “WITH ALL
FAULTS”, AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF PERFORMANCE,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY,
OMISSIONS, COMPLETENESS, CURRENTNESS AND DELAYS. TO THE EXTENT
PERMITTED BY LAW, AND EXCEPT FOR INTENTIONAL ACTS OR GROSS
NEGLIGENCE, CUSTOMER WAIVES ALL CLAIMS AGAINST CLEANSPLIT FOR ANY
CLAIMS RELATING TO OR ARISING OUT OF THIS AGREEMENT, THE WEBSITE, OR
ITS PERFORMANCE, REGARDLESS OF THE FORM OF ACTION, WHETHER CONTRACT,
TORT, STATUTORY OR NEGLIGENCE. IN ANY EVENT: (A) CUSTOMERS WAIVES ANY
CLAIMS FOR LOST PROFITS OR OTHER CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, INDIRECT OR SPECIAL DAMAGES, REGARDLESS OF THE
FORESEEABILITY OF SUCH DAMAGES; AND (B) DAMAGES BY CUSTOMER AGAINST
CLEANSPLIT ARE LIMITED TO THE FEES PAID BY THE CUSTOMER DURING THE
PROCEEDING TWELVE MONTHS.
10. Terms and Termination.
Agreement remains in effect throughout all use by Customer of the
Website, and may be terminated for breach of this Agreement, upon
which no refund of the any fees is due; or by Customer if Customer
demonstrates that the Website and related services are not as
promised or represented by CleanSplit, but only if Customer provides
CleanSplit written notice within 10 days of the beginning of
Customer's paid for use of the Website. Upon receipt of such notice
and establishment that the Website and services were not as promised
or represented by CleanSplit, CleanSplit will provide Customer with a
refund. The provisions of this Agreement which by their nature are
intended to survive termination or expiration of this Agreement shall
survive expiration or termination of this Agreement, including
without limitation the obligations and limitations set forth in
sections 2, 3, 6, 7, 8, 9 and 11 - 17.
11. Changes to Terms and Conditions.
CleanSplit may change these Terms and Conditions at any time, and
Customer agrees to frequently check the Website for such changes.
Customer agrees that the latest Terms and Conditions at the Website
will govern its rights and obligations with CleanSplit, unless
Customer informs CleanSplit that it does not agree to the changes
within 30 days of the changes being posted at the Website.
12. Governing Law and Venue.
This agreement is made in and shall be governed by and construed in
accordance with the laws of the State of Minnesota without reference
to choice of law principles. Customer consents to exclusive
jurisdiction and venue of the courts of Crow Wing County, Minnesota.
Customer agrees to
pay any sales, use or value-added taxes applicable to its purchase of
use of the Website.
14. Compliance with Export Restrictions.
Customer shall not access, download, use or export
the Website or the Materials in violation of United States export
laws or regulations or in violation of any other applicable laws or
regulations. Customer agrees to comply with all export laws and
restrictions and regulations of any United States or foreign agency
or authority and to assume sole responsibility for obtaining licenses
to export or re-export as may be required.
15. Entire Agreement, No Additional Terms.
This agreement, along with any agreements incorporated
herein, is the entire agreement between the parties with respect to
its subject matter and supersedes all prior agreements. Unless
inconsistent herewith are not binding on CleanSplit, including any
16. Ability to Accept Terms.
Customer affirms that he or she is more than 18 years of age and is
fully able and competent to enter into the and to abide by and comply
with these Terms, and that he or she has full authority to bind any
other users within the definition of “Customer” to any
services provided on the Website, including the full authority to
bind any person or entity for which he or she is employed. Minors are
not eligible to use the Website.
17. Other Provisions.
this Agreement nor any part may be assigned, sublicensed or otherwise
transferred by Customer without CleanSplit's prior written consent,
except that either party may assign this Agreement: (a) to any legal
entity in connection with the merger or consolidation of the
assigning party into such entity or the sale or transfer of all or
substantially all of the assets of the assigning party to such
entity; or (b) to any direct or indirect subsidiary of the assigning
party in connection with any corporate reorganization. This
Agreement is binding upon and shall inure to the benefit of the legal
successors and assigns of the parties. If any provision of this
Agreement is found to be void, invalid, unenforceable or illegal, the
validity and enforceability of the other provisions will not be
affected and any unenforceable provision shall be modified and
interpreted so as to best accomplish the intent of such provision.
Neither party shall be deemed to be liable for any provisions under
this Agreement for failures in performance resulting from acts or
events beyond the reasonable control of the party. Failure to enforce
any provision of this Agreement is not a waiver of the provision or
of the right to enforce the provision later.
(Last modified August 1, 2011)