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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 contact us 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.


Privacy Policy

Click here to review the DivItUp Privacy Policy.

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 DIVITUP SERVICES.


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 JURISDICTION.

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.

Miscellaneous Provisions

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 by DivItUp.



 
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