Terms & Conditions

Effective Date: February 14, 2020

Welcome to the Split Remedy Media.com website (the "Split Remedy Media.com Site"), a website owned and operated by Split Remedy Media, LLC.

The terms and conditions stated below, along with the policies and guidelines located throughout the Split Remedy Media.com Site (collectively herein the "Terms of Use") identify what a user of the Split Remedy Media.com Site ("you" or "your" or "User" or "Users") can expect from Split Remedy Media, LLC., its parent, subsidiaries, and affiliates (together referred to herein as "Split Remedy Media", "we", "us" or "our"), and/or persons who provide products or services to Split Remedy Media customers either directly or through the Split Remedy Media.com Site ("Split Remedy Media.com Providers") and what Split Remedy Media in turn expects from Users. These Terms of Use constitute a legally binding agreement between you and Split Remedy Media. Please read these Terms of Use carefully before using the Split Remedy Media.com Site or Split Remedy Media.com Services (as defined below).

By visiting any area on the Split Remedy Media.com Site, making a purchase via the Split Remedy Media.com Site, posting a review or creating a profile, or otherwise joining, viewing, visiting or contributing to Split Remedy Media user forums, blogs, or interactive features (all of the foregoing are sometimes referred to in this document as the "Split Remedy Media.com Services"), you agree that you have read, understood, and agree to be bound by the Terms of Use. If you do not agree to be bound by these Terms of Use and to follow all applicable laws, you should leave the Split Remedy Media.com Site immediately.

 

1. LICENSES AND RESTRICTIONS

1.1 Licenses. Split Remedy Media grants the User a limited, nonexclusive, revocable license to access and make personal, non-commercial use (unless User has a business relationship with Split Remedy Media documented in a separate agreement) of the Split Remedy Media.com Site and its Content (as that term is defined in Section 3 below). Additional terms and conditions apply to User Created Content, as that term is defined in Section 11 below. Split Remedy Media further grants the User a limited, nonexclusive and revocable right to create a hyperlink to the Split Remedy Media.com Site so long as the link does not portray Split Remedy Media, its subsidiaries, and affiliates, or their respective products or services in a false, misleading, derogatory, or otherwise offensive matter.

1.2 Restrictions. The licenses in Section 1.1 do not include any rights to:

  • (a) modify, download (other than page caching), reproduce, copy, or resell the Split Remedy Media.com Site, the Content or any portion or derivative thereof;

  • (b) commercially use the Split Remedy Media.com Site, the Content or any portion derivative thereof (unless User has a business relationship with Split Remedy Media, in which case such commercial use will be governed by the terms applicable to such business relationship);

  • (c) copy or download any User's account or profile information for the benefit of any third party;

  • (d) enable high volume, automated, electronic processes that apply to the Split Remedy Media.com Site or its systems, the Content or any portion or derivative thereof;

  • (e) use any robot, spider, data miner, crawler, scraper or other automated means to access or index the v.com Site or its systems, the Content or any portion or derivative thereof for any purpose;

  • (f) interfere or attempt to interfere with the proper working of the Split Remedy Media.com Site;

  • (g) bypass any measures used by Split Remedy Media to prevent or restrict access to any portion of the Split Remedy Media.com Site, the Content or any portion or derivative thereof;

  • (h) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Split Remedy Media;

  • (i) use Split Remedy Media's name, trademarks, services marks or logos in any meta tags or any other "hidden text"; or

  • (j) compile, repackage, disseminate or otherwise use data extracted from the Split Remedy Media.com Site.

  • The foregoing are expressly prohibited and the right to do any of the foregoing shall require Split Remedy Media's express written consent (which may include a written agreement signed by an authorized representative of Split Remedy Media). Any unauthorized use of the Split Remedy Media.com Site, the Content or any portion or derivative thereof shall terminate any license or permission granted by Split Remedy Media.

 

2. TRADEMARKS

Split Remedy Media, or its parent, subsidiaries, or affiliates, or third parties from whom Split Remedy Media has permission, own the trademarks or service marks that are used on the Split Remedy Media.com Site. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of Split Remedy Media and its licensors may not be used without prior written consent of Split Remedy Media or its licensor, as the case may be. Without limiting the foregoing, no Split Remedy Media trademark or trade dress may be used in connection with any product or service that is not Split Remedy Media's, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits Split Remedy Media.

3. CONTENT

3.1 Proprietary Rights. User acknowledges that the Split Remedy Media.com Site contains certain content (such as text, graphics, photographs, video, audio, code, and other data or information relating to any subject) ("Content"), that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is or may be copyrighted as a collective work under the U.S. copyright laws, and Split Remedy Media owns a copyright in the selection, coordination, arrangement, and enhancement of such Content on the Split Remedy Media.com Site. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any such Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other property right.

3.2 Third-Party Content. Split Remedy Media is a distributor and not a publisher of Content supplied by third parties and Users. Split Remedy Media has no editorial control over such Content. Split Remedy Media is not obligated to review Content, including User Created Content, as that term is defined in Section 11 below. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content, including User Created Content, expressed or made available by third parties, including any other User, are those of the respective authors or distributors and not of Split Remedy Media or any Split Remedy Media.com Provider, unless expressly stated otherwise. Neither Split Remedy Media nor any Split Remedy Media.com Provider makes any representation, warranty or guarantee on the accuracy, completeness, or usefulness of any third party Content unless otherwise expressly stated. In many instances, the Content, including User Created Content, available through the Split Remedy Media.com Site represents the opinions and judgments of the third party that provides such Content. Under no circumstance shall either Split Remedy Media or any Split Remedy Media.com Provider be liable for any loss, damage or harm caused by a User's reliance on information obtained through the Split Remedy Media.com Site. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of the information, opinion, advice, or Content, including User Created Content, available through the Split Remedy Media.com Site.

4. PRICES

4.1 Prices. The price for an item on the Split Remedy Media.com Site may differ from the price shown in a User's shopping cart and it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made. On rare occasions, an item may be priced incorrectly on the Split Remedy Media.com Site. If the price for the item on the Split Remedy Media.com Site is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of Split Remedy Media, Split Remedy Media may either (a) contact the User for instructions before shipping the item or charging the User for such item; (b) cancel the order for such item and notify the User of such cancellation; or (c) ship the item at the incorrect price to the benefit of the User.

4.2 Notice. Please note that this policy regarding prices applies only to items sold and shipped by Split Remedy Media. Any purchases from any third-party sellers on the Split Remedy Media.com Site may be subject to different policies in the event of an incorrectly priced item.

5. RISK OF LOSS

The risk of loss and title for all items purchased via the Split Remedy Media.com Site pass to the User upon delivery of the item to the carrier.

6. PRODUCT DESCRIPTION

The items offered for sale on the Split Remedy Media.com Site contain descriptions that are provided directly by the publisher, manufacturer, developer or distributor of such item. Split Remedy Media does not represent or warrant that the descriptions of such items are accurate or complete. IF A USER PURCHASES AN ITEM FROM SPLIT REMEDY MEDIA THAT IS NOT AS DESCRIBED ON THE SPLIT REMEDY MEDIA.COM SITE, THE USER'S SOLE AND EXCLUSIVE REMEDY IS TO RETURN SUCH ITEM IN AN UNUSED CONDITION FOR A REFUND OF THE PURCHASE PRICE.

7. AGE OF USERS

Our products and services are marketed for and directed towards purchase by adults or with the consent of adults. Individuals under the age of 18 ("Minors") are not permitted to use Split Remedy Media websites without the supervision of a parent or legal guardian. Furthermore, we do not knowingly collect or solicit personal information from children under the age of 13 or knowingly allow such persons to register for an online account or to post personal information on our websites. Should we learn that someone under the age of 13 has provided any personal information to or on any of the Split Remedy Media websites, we will remove that information as soon as possible.

8. TERMINATION OF USAGE

8.1 Termination Rights. Split Remedy Media may issue a warning, temporarily suspend, indefinitely suspend or terminate any User's right to use or access all or any part of the Split Remedy Media.com Site including any account thereon, without notice, for any reason in Split Remedy Media's sole discretion, including, without limitation, violation of the Terms of Use, Split Remedy Media's belief that such access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to, Split Remedy Media, any Split Remedy Media.com Provider or another User.

8.2 Restricted Users. In certain cases, in Split Remedy Media's sole discretion, Split Remedy Media may provide written notice (a "Restriction Notice") to a User (a "Restricted User") to inform such Restricted User that (i) his or her right to use or access any part of the Split Remedy Media.com Site has been terminated, including the right to use, access or create any account thereon; (ii) that Split Remedy Media refuses to provide any services to such Restricted User; and (iii) any subsequent orders placed by a Restricted User will be subject to cancellation. Other conditions may apply and shall be set forth in the Restriction Notice.

 

9. INDEMNITY

User agrees to indemnify, defend and hold Split Remedy Media (and its affiliates, employees, contractors, agents, suppliers and partners) and each Split Remedy Media.com Provider harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including reasonable attorneys' fees, brought by any third party due to or arising out of (i) such User's use of the Split Remedy Media.com Site or the Split Remedy Media.com Services, (ii) any alleged breach or violation of the Terms of Use or (iii) such User's violation of any law or the rights of a third party. Split Remedy Media reserves the right, at User's expense, to assume the exclusive defense and control of any matter for which such User is required to indemnify Split Remedy Media, and User agrees to cooperate with Split Remedy Media's defense of such matter. This defense and indemnification obligation is intended to extend to the fullest extent permitted by law and will survive the Terms of Use and your use of the Split Remedy Media.com Services.

10. NOTICES

User consents to electronic communications with Split Remedy Media, whether addressed to the e-mail address associated with such User's Split Remedy Media account or posted on the Split Remedy Media.com Site. User acknowledges and agrees that any communication via e-mail or by postings on this Split Remedy Media.com Site satisfies any legal requirement that such communications be made in writing.

11. DISCLAIMERS AND LIMITATION OF LIABILITY

11.1 Disclaimers.

  • (a) Split Remedy Media is not responsible for and makes no warranties, express or implied, as to any Content appearing on or accessed through the Split Remedy Media.com Site, including, without limitation, any User Created Content or the accuracy and reliability of the Content, including User Created Content, posted on the Split Remedy Media.com Site or through the Split Remedy Media.com Services, whether caused by Users of the Split Remedy Media.com Site or the Split Remedy Media.com Services or by any of the equipment or programming associated with or utilized in the Split Remedy Media.com Site or the Split Remedy Media.com Services. Content, including User Created Content, does not necessarily reflect the opinions or policies of Split Remedy Media. Profiles and third party applications created and posted by Users on the Split Remedy Media.com Site may contain links to other websites. Split Remedy Media is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by Split Remedy Media. Inclusion of any linked website on the Split Remedy Media.com Services does not imply approval or endorsement of the linked website by Split Remedy Media. When you access these third party sites, you do so at your own risk. Split Remedy Media takes no responsibility for third party advertisements or third party applications that are posted on or through the Split Remedy Media.com Site or the Split Remedy Media.com Services, nor does it take any responsibility for the goods or services provided by its advertisers.

  • (b) Split Remedy Media is not responsible for the conduct, whether online or offline, of any User of the Split Remedy Media.com Site or the Split Remedy Media.com Services. Split Remedy Media assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration, of any User communication. Split Remedy Media is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or players due to technical problems or traffic congestion on the Internet or on any of the Split Remedy Media.com Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Split Remedy Media.com Site or Services. Under no circumstances shall Split Remedy Media be responsible for any loss or damage, including personal injury or death, resulting from use of the Split Remedy Media.com Site or Services, from any Content, including User Created Content, posted on or through the Split Remedy Media.com Services, or from the conduct of any Users of the Split Remedy Media.com Site or Split Remedy Media.com Services, whether online or offline.

  • (c) THE SPLIT REMEDY MEDIA.COM SITE IS PROVIDED BY SPLIT REMEDY MEDIA ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EACH SPLIT REMEDY MEDIA.COM PROVIDER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

  • (d) WITHOUT LIMITING THE FOREGOING, NEITHER SPLIT REMEDY MEDIA NOR ANY SPLIT REMEDY MEDIA.COM PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE SPLIT REMEDY MEDIA.COM SITE, OR THE INFORMATION, CONTENT, INCLUDING USER CREATED CONTENT, AND MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE SPLIT REMEDY MEDIA.COM SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, INCLUDING USER CREATED CONTENT, SPLIT REMEDY MEDIA.COM SERVICES, OR MERCHANDISE PROVIDED THROUGH THE SPLIT REMEDY MEDIA.COM SITE; OR (IV) THAT THE SPLIT REMEDY MEDIA.COM SITE, ITS SERVERS, CONTENT, INCLUDING USER CREATED CONTENT, OR E-MAILS SENT FROM OR ON BEHALF OF SPLIT REMEDY MEDIA ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS.

  • (e) SPLIT REMEDY MEDIA DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SPLIT REMEDY MEDIA.COM SITE, THE SPLIT REMEDY MEDIA.COM SERVICES OR ANY RELATED SERVICES. THE OPERATION OF THE SPLIT REMEDY MEDIA.COM SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF SPLIT REMEDY MEDIA.

 

11.2 Limitation of Liability.

  • (a) UNDER NO CIRCUMSTANCES SHALL SPLIT REMEDY MEDIA OR ANY SPLIT REMEDY MEDIA.COM PROVIDER BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SPLIT REMEDY MEDIA.COM SITE, INCLUDING, BUT NOT LIMITED TO, RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE SPLIT REMEDY MEDIA.COM SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO SPLIT REMEDY MEDIA'S RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, INCLUDING USER CREATED CONTENT, MERCHANDISE, AND SPLIT REMEDY MEDIA.COM SERVICES AVAILABLE THROUGH THE SPLIT REMEDY MEDIA.COM SITE.

  • (b) NEITHER SPLIT REMEDY MEDIA NOR ANY SPLIT REMEDY MEDIA.COM PROVIDER WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THE USE OF THE SPLIT REMEDY MEDIA.COM SITE, OR THE USE, PURCHASE OR DOWNLOAD OF ANY CONTENT, OR PRODUCT THEREFROM, EVEN IF SPLIT REMEDY MEDIA OR ANY SPLIT REMEDY MEDIA.COM PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS PARAGRAPH IS NOT INTENDED TO EXCLUDE LIABILITY THAT SPLIT REMEDY MEDIA MAY NOT EXCLUDE UNDER APPLICABLE LAW.

  • (c) CERTAIN STATE, PROVINCIAL, AND FEDERAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.

 

12. SEVERABILITY

The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. The failure of Split Remedy Media to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

13. APPLICABLE LAW; JURISDICTION

13.1 Applicable Law. The Split Remedy Media.com Site is created and controlled by Split Remedy Media in the State of New Jersey. The laws of the State of New Jersey will govern the Terms of Use, without giving effect to any principles of conflicts of laws.

13.2 Jurisdiction. Each of Split Remedy Media and User agrees to submit to the nonexclusive personal jurisdiction of the courts located within Hudson County, New Jersey and waives any objection to the laying of venue of any litigation in said courts.

14. DISPUTE RESOLUTION

14.1 Arbitration. Any claim or controversy at law or equity that arises out of the Terms of Use, the Split Remedy Media.com Site or any Split Remedy Media.com Service (each a "Claim"), shall be resolved through binding arbitration conducted by telephone, online or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules (including, without limitation, the Supplementary Procedures for Consumer-Related Disputes, if applicable), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

14.2 Split Remedy Media's Option to Litigate. Alternatively, at Split Remedy Media's sole option, a Claim (including Claims for injunctive or other equitable relief) may Hudson County, New Jersey.

14.3 No Consolidation. Any Claim shall be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise.

14.4 Disputes Between Users. You are solely responsible for your interactions with other Users. Split Remedy Media reserves the right, but has no obligation, to become involved in any way with disputes between you and other Users.

14.5 Jury Trial Waiver. Each of the parties hereby knowingly, voluntarily and intentionally waives any right it may have to a trial by jury in respect of any litigation (including, but not limited to, any claims, counterclaims, cross-claims, or third party claims) arising out of, under or in connection with these Terms of Use. Further, each party hereto certifies that no representative or agent of either party has represented, expressly or otherwise, that such party would not in the event of such litigation, seek to enforce this waiver of right to jury trial provision. Each of the parties acknowledges that this section is a material inducement for the other party entering into these Terms of Use.

15. ADDITIONAL TERMS AND CONDITIONS

In addition to the policies and guidelines located throughout the Split Remedy Media.com Site, the following policies are incorporated into the Terms of Use:

 

 

16. ACKNOWLEDGMENT

The Terms of Use, including all documents referenced herein, represents the entire understanding between User and Split Remedy Media regarding User's relationship with Split Remedy Media and supersedes any prior or contemporaneous statements or representations. Headings used in the Terms of Use are for reference only and shall not affect the meaning of any terms. As used in these Terms of Use, "including" means "including, without limitation."

 

17. MODIFICATION

These terms were last revised on February 14, 2020.

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