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.
In 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.
A. 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 sole discretion.
B. 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: firstname.lastname@example.org, 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 email@example.com. 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 valid.
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 websites.
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 such deadlines.
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.
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.
This 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.
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.
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.
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.
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.
Neither 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)