Terms of Service
DivItUp Terms of Service for Your Personal Use
Welcome! By using DivItUp's credit/debt management or other DivItUp services ("DivItUp Services"), you agree to be bound by the following terms and conditions
(the "Terms of Service").
Personal Use Only
The DivItUp Services are made available for your personal, non-commercial
use only. You may not use the DivItUp Services to sell a product
or service, or to increase traffic to your Web site for commercial reasons,
such as advertising sales. You may not take the results from a DivItUp
account and reformat and display them, or mirror the DivItUp home page
or results pages on your Web site. You may not "meta-search" DivItUp.
If you want to make commercial use of the DivItUp Services, you
must enter into an agreement with DivItUp to do so in advance. Please
for more information.
Data Stored in DivItUp
You and other members of your party may store some very important data in your DivItUp account(s).
This is financial data pertaining to money that may owe, or be owed. DivItUp is, under no circumstances,
responsible for the accuracy of the transactions you or members of your party record. Each member of the
party has the responsibility to provide "checks and balances" to assure the accuracy of your data. DivItUp
will, under no circumstances, provide arbitration for disputed transactions within a party. DivItUp backs up
the data on its systems in a reasonable manner and will restore that data with the most recent copy
available in the even of a system failure. However, you are responsible for maintaining your own backup
of any data that you store in your DivItUp account(s) and re-entering any transactions that are
lost for any reason. DivItUp is intended to be used as a calculator and provides the storage of your
transactions as a convenience to you. You may use DivItUp Services as a convenience; do not become
dependent on DivItUp to store records of your transactions.
Changes In Terms and Conditions and DivItUp Services
We may modify or terminate our services from time to time, for any
reason, and without notice, including the right to terminate with or
without notice, without liability to you, any other user or any third
party. We reserve the right to modify these Terms of Service from time
to time without notice. Please review these Terms of Service from time
to time so that you will be apprised of any changes.
Disclaimer of Warranties
DivItUp disclaims any and all responsibility or liability for the accuracy,
content, completeness, legality, reliability, or operability or availability
of information or material displayed in the DIVITUP SERVICES results.
DivItUp disclaims any responsibility for the deletion, failure to store,
misdelivery, or untimely delivery of any information or material. DivItUp
disclaims any responsibility for any harm resulting from downloading
or accessing any information or material on the Internet through the
THE DIVITUP SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE DIVITUP SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES
WHATSOEVER. DIVITUP AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED
BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT
LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. DIVITUP AND ITS LICENSORS DISCLAIM
ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND
PERFORMANCE OF THE DIVITUP SERVICES. DIVITUP AND ITS LICENSORS DISCLAIM, ANY WARRANTIES
FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE DIVITUP SERVICES.
DIVITUP AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH
OR ADVERTISED ON THE DIVITUP SERVICES OR RECEIVED THROUGH ANY
LINKS PROVIDED BY THE DIVITUP SERVICES, AS WELL AS FOR ANY INFORMATION
OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE DIVITUP SERVICES.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL
OR DATA THROUGH THE USE OF THE DIVITUP SERVICES AT YOUR OWN DISCRETION
AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO
YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF SUCH MATERIAL OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO
HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL DIVITUP OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT
OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE DIVITUP SERVICES.
ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER
HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY
OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY,
AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT,
TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF DIVITUP OR ITS LICENSORS HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY
SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE
ON THE DIVITUP SERVICES, FROM INABILITY TO USE THE DIVITUP SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE
DIVITUP SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY
REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON
THE DIVITUP SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN
THE DIVITUP SERVICES, AS WELL AS BY REASON OF ANY INFORMATION
OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE DIVITUP SERVICES
OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE DIVITUP SERVICES.
THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA.
SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE
OR NON-PERFORMANCE OF THE DIVITUP SERVICES OR ANY INFORMATION
OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO,
THE DIVITUP SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING
AN FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST
EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS
AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall DivItUp
or its licensors be held liable for any delay or failure in performance resulting directly
or indirectly from acts of nature, forces, or causes beyond its reasonable
control, including, without limitation, Internet failures, computer
equipment failures, telecommunication equipment failures, other equipment
failures, electrical power failures, strikes, labor disputes, riots,
insurrections, civil disturbances, shortages of labor or materials,
fires, floods, storms, explosions, acts of God, war, governmental actions,
orders of domestic or foreign courts or tribunals, non-performance of
third parties, or loss of or fluctuations in heat, light, or air conditioning.
These Terms of Service will be governed by and construed in accordance
with the laws of the State of Texas, without giving effect to its
conflict of laws provisions or your actual state or country of residence.
If for any reason a court of competent jurisdiction finds any provision
or portion of the Terms of Service to be unenforceable, the remainder
of the Terms of Service will continue in full force and effect.
These Terms of Service constitute the entire agreement between the
parties with respect to the subject matter hereof and supersedes and
replaces all prior or contemporaneous understandings or agreements,
written or oral, regarding such subject matter. Any waiver of any provision
of the Terms of Service will be effective only if in writing and signed