PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
1. USE OF OUR SERVICE
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service. Splash Financial reserves all rights not expressly granted herein in the Service and the Splash Financial Content (as defined below). Splash Financial may terminate this license at any time for any or no reason.
2. HOW THE SERVICE WORKS
2.1 Service features
The Service allows Users to obtain preliminary approvals for loans made by Splash Financial, First Fed Bank, member FDIC or by any other third-party lenders ("Lenders") that Splash Financial has partnered with ("Offers") by setting up an Account on this website. The Service also allows Users who have received Offers to continue the loan application process with a Lender that the User selects and to monitor the loan application process through their Accounts.
By agreeing to the Services, you are registered as a Splash Member. Splash Membership is not required to obtain a loan through Splash. If you do not wish to be a Splash Member, contact us at 1-800- 349-3938 and Splash will remove you from Splash Membership. This will not impact your loan application process in any manner.
Splash Financial will use the information provided by Users together with information that Splash and its third-party service providers obtains from credit reporting agencies, with the Users' approval, to determine whether a User is potentially eligible for a loan from Splash Financial, or by one or more Lenders, and, if so, to provide qualified Users with an estimated interest rate for a loan ("Pre-qualification"). Splash Financial will pre- qualify Users using credit criteria that has been provided by Splash Financial or any other Lenders. Your desire to obtain a Pre-qualification requires your consent for a "soft credit inquiry" which you will be asked to provide when using the Service. Based on the results of your Pre-qualification request, Splash Financial will determine if any Offers are available. If your Pre-qualification request is approved, Splash Financial will present you with either Splash Financial or at least one Offer from a particular Lender. An approved Pre-qualification request is not a firm offer of credit as it is based only on preliminary information about a User. A User who receives a Pre-qualification will still need to submit a completed credit application with Splash Financial or the applicable Lender in order to receive a loan. If your Pre-qualification request is denied, we will provide you with the reasons for the denial.
The Service also allows a User who receives an Offer to complete and submit more detailed credit information in order to complete a credit application for submission to Splash Financial, or applicable Lenders. Splash Financial, or the applicable Lender will provide the User with a final assessment of the User's credit application, which may result in Splash Financial or the applicable Lender providing the User with Offers. As described below, we may work with third-parties to assist you in completing an Offer application.
Splash Financial does not recommend that you rely upon on the information provided through the Service to make a decision about any Pre-qualification response or any Offer. Use of the Service Feature does not guarantee receipt of a Pre-qualification or an Offer. Splash Financial makes no recommendation whatsoever about the appropriateness of any Pre-qualification or Offer to your individual circumstances. Splash Financial may receive compensation from participating lenders. By displaying a participating Lender’s offer, Splash Financial does not designate the Lender as a better choice for the consumer. Splash does not endorse this specific lender over another lender nor does Splash promote this lender as the better choice for the consumer.
The Service supports the process of completing and submitting Pre-qualification requests and Offer applications by working with third party service partners to access your account information and externally stored personal profile information (including, but not limited to, existing loan profile information) maintained online by third party financial institutions and other organizations, subscription providers, and other third parties with which Users have customer relationships, maintain accounts, or engage in financial transactions ("Third-Party Information"). By entering your Login Details, you authorize Splash Financial and its third-party service providers to contact third party service partners to obtain your Third-Party Information for the purpose of populating requests and applications within the Service and for Splash Financial to share the relevant Third-Party Information with Lenders and their third-party service providers through the Service.
Splash Financial’s third party service partners may also confirm your identity as a part of the Service (“Identity Confirmation”). When participating in Identity Confirmation, the relevant third party service partner may also be able to access further information relevant to your Pre-qualification or Offer. By consenting to terms of Identity Confirmation, you agree to allow third party service partners to undertake processes to confirm your identity.
You represent, warrant, acknowledge and agree that you are solely responsible for the accuracy and content of your Third-Party Information and Identity Confirmation as accessed by third parties as part of the Service.
Splash Financial does not store the Login Details for your accounts with third parties, other than refinance or loan accounts with First Fed Bank or some of our Lenders. You must inform us of, and hereby grant to us and our third party service partners permission to use, Third-Party Information to enable us to provide the Service to you, including updating and maintaining Account Information, addressing errors or service interruptions, and to enhance the types of data and services we may provide you in the future. You agree to immediately notify us if you become aware of any loss, theft or unauthorized use of any Third- Party Information. You acknowledge and agree that we have no control over the provision of third party service partner services, and have no liability whatsoever for any actions or inactions on the part of those third party service partners resulting in your inability to use the Service to access your accounts, obtain data, download transactions or otherwise access the Service.
2.2 Submitting your information to Providers
A. What you are Asking Splash Financial to do
By accessing the Service, clicking on any button indicating an acceptance or agreement to terms, a continuance of procession or submission, you understand that you are consenting, acknowledging and agreeing to the stated terms and conditions of the Service, including (but not limited to) any User-facing disclosures and disclaimers. That may include the submission of your personal information both to Splash Financial, Lenders and/or third parties through the Service, depending on the submission that you are making. Your use of the Service requires both the collection and transmission of your personal information in order to provide you with Offers. You authorize Splash Financial to submit your information to Lenders and to third party service partners.
You acknowledge that when your information is provided to Splash Financial and/or submitted to Lenders in order to accept an Offer, your information will be submitted to the applicable Lender as an application for credit. You will receive relevant disclosures and other important information from the Lender at that time.
B. Credit Inquiries
By accessing the Service, you also authorize Splash Financial, Lenders, and third-party service providers of each to request from one or multiple credit reporting agencies, your credit bureau report including any ancillary credit scores or ratings.
You are also providing written instructions in accordance with the Fair Credit Reporting Act and other applicable law, for Splash Financial, Lenders, and third-party service providers of each to request and receive information about you from third parties, including but not limited to a copy of your consumer credit report and score from consumer credit reporting agencies.
You waive any and all claims against Splash Financial, its contracted third party service partners, agents, and its Lenders and employees for the acts or omissions of these parties with regard to the use or disclosure of such information.
3. RIGHTS YOU GRANT TO SPLASH FINANCIAL
In order for you to use the Service and receive responses to submissions you make through the Service, Splash Financial may be required to submit information to Lenders and other third parties on your behalf. You hereby authorize and permit Splash Financial to use information provided by you through the Service (including through our third party service partners), and to submit your information to Lender sites as an application for credit.
OFFERS PRESENTED BY LENDERS: SPLASH FINANCIAL DOES NOT ACCEPT ANY OFFER ON YOUR BEHALF, NOR MAKE ANY DECISION ON ANY OFFER WHATSOEVER. ACCEPTING OFFERS IS SOLELY THE RESPONSIBILITY OF YOU, THE USER OF THE SERVICE, AND IS NOT AN ADMINISTRATIVE FUNCTION PERFORMED BY SPLASH FINANCIAL.
4. USER RELATIONSHIP WITH SPLASH FINANCIAL
4.1 Pre-qualification responses, Lender responses and Offers
We do not guarantee that you will receive a Pre-qualification or that either Splash Financial, or Lender will make you any particular Offer. Whether you receive an Offer from Lender, as well as the specific terms and conditions of a Lender’s Offer, are the sole decisions of Lenders. Likewise, we do not guarantee that the rates and terms of a Lender’s Offer are the best terms or lowest rates available in the market.
Any communications that you have with Lenders are solely between you and Lenders. We assume no liability, obligation or responsibility for any part of any such communications.
Lender is solely responsible for its responses, Offers and services to you, and you agree that Splash Financial shall not be liable for any damages or costs of any type arising out of or in any way connected with your access or use of responses, Offers or Lender services.
4.2 Lender Relationship with Splash Financial
Offers can be provided to qualified Users by Splash Financial, or one or more Lenders. Some loans will be made by the applicable Lender and not by Splash Financial. Splash Financial may purchase loans from Lenders, however. You will receive notification if and when the loan is sold.
In other cases, Splash Financial may be the lender. When Splash Financial is the lender, this fact will be communicated to the User.
Splash Financial may earn a commission or fee from the Lender when a User accepts the Lender's Offer. Your use of the Service constitutes your agreement with this compensation arrangement.
4.3 Marketing Partners
Splash Financial has relationships with various groups, associations and marketing partners that promote the Service ("Marketing Partners"). You may have reached the Service through a Marketing Partner. Marketing Partners may receive a commission or fee from Splash Financial for providing marketing services.
4.4 Direct Pay Product
You also understand and agree that the third party service provider may be used to validate your identity and prevent fraud using information from your wireless carrier. Solely for those purposes, you agree that Splash Financial may provide information about you to the third party service provider, and that your wireless carrier may disclose information about you to the third party service provider.
The direct pay product may not be available for all Lenders. If Splash experiences any issues while attempting to pay directly to your credit cards, Splash reserves the right to deposit funds directly to your bank account.
4.5 Splash Financial Accounts
Your Splash Financial account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion.
- i. NO FALSE INFORMATION. You agree to provide true, accurate and complete information as prompted by the forms you access through the Service, and to update this information to maintain its truthfulness, accuracy and completeness. Splash Financial makes no warranties about any of your information, either to you, Lenders or third party service partners. You cannot register for more than one Account without express written permission from Splash Financial.
- ii. EXCLUSIVE USE. Your Account is for your personal use only. You may never use another User's account, nor authorize others to use your account, nor assign or otherwise transfer your Account to any other person or entity. You are solely responsible for the activity that occurs on your Account.
- iii. ACCOUNT SECURITY. You must keep your Account password secure. We encourage and may require you to use "strong" passwords (passwords that use a combination of upper and lowercase letters, numbers and symbols) with your account. You must notify Splash Financial immediately of any breach of security or unauthorized use of your Account. Splash Financial will not be liable for any losses caused by any unauthorized use of your Account.
- iv. EMAIL AND TELEPHONE CONSENT. By providing Splash Financial your email address you consent to our using your email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special promotions. If you do not want to receive such email messages, you may opt out or change your preferences in your Account settings or by contacting us at support@SplashFinancial.com. Opting out may prevent you from receiving email messages regarding updates, improvements, or special promotions. By submitting your information, a Pre-qualification form or an Offer Request, you consent to being contacted on the telephone by text message or called at the number(s) that you have provided, both by Splash Financial and its Lenders irrespective of whether they appear on a 'Do Not Call' list. By providing your telephone number you agree that we monitor and record telephone calls regarding your account to assure the quality of our service or for other reasons. You agree that we may send a Communication to any telephone number you provide, including a cellular number. We will not charge you for a Communication but your service provider may.
You may de-activate your Splash Financial account at any time by emailing support@SplashFinancial.com.
4.6 Additional Information
In some circumstances, Lenders or third party service partners may require further information prior to providing a response to your submission of information through the Service. You hereby authorize Lenders to contact you directly or to contact Splash Financial (who will in turn, contact you) in order to request additional information.
4.7 De-activating Your Account
If your loan is made by Splash Financial, de-activating your account does not relieve you of any obligation to honor the terms of your loan. De-activating your account could cause you to miss important information.
Splash Financial does not charge you a fee for using the Service. If Splash Financial is your lender, fees associated with your loans will be disclosed. Such fees are in relation to your loan and not to your use of this Service.
4.9 Service Rules
You agree not to engage in any of the following prohibited activities:
- i. ADVERTISING AND COMMERCIAL SOLICITATION. You will not advertise or solicit any User to buy or sell any products or services except as expressly permitted by the Services and this Agreement. Further, you will not use any information obtained from the Service in order to advertise to, solicit, or sell to any User without their prior explicit consent.
- ii. NO HARASSMENT. You will not harass, annoy, intimidate or threaten any User(s) or Splash Financial employees or agents engaged in providing any portion of the Service to you.
- iii. NO IMPERSONATION. You will not impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity.
- iv. THIRD PARTY INFORMATION. You will not post, upload or otherwise make publicly available through the Service any personal or financial information of any third party.
- v. TECHNOLOGICAL USE. You will not engage in: (a) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping"; (b) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the Splash Financial servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (c) transmitting spam, chain letters, or other unsolicited email; (d) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (e) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (f) uploading invalid data, viruses, worms, or other software agents through the Service; (g) collecting or harvesting any personally identifiable information, including account names, from the Service; (h) interfering with the proper working of the Service; (i) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (j) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
We may, without prior notice, change the Service; stop providing the Service to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement. You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Splash Financial shall have no liability for your interactions with other Users, or for any User's action or inaction.
5. OUR RIGHTS, PRIVACY AND SECURITY
5.1 Our Proprietary Rights
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music (the "Splash Financial Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Splash Financial and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Splash Financial Content. Use of the Splash Financial Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
The Splash Financial Content may not be used to disparage Splash Financial, the Lenders, any applicable third party or the Offers or Service, nor shall they be used in any manner that may damage any goodwill of the Splash Financial Content. Use of any Splash Financial Content as part of a link to or from any site is prohibited unless establishment of such link is approved in advance by Splash Financial in writing.
5.4 DMCA Notice
Since we respect artist and content owner rights, it is Splash Financial's policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA").
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Splash Financial's copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and where it is located on the Service;
- Information reasonably sufficient to permit Splash Financial to contact you, such as your address, telephone number, and, email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice
Splash Financial, Inc
Address: 812 Huron Rd E. Suite 350
Cleveland, OH 44115
Under Federal Law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys' fees.
Please note that this procedure is exclusively for notifying Splash Financial and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Splash Financial's rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws
6. SPLASH FINANCIAL REWARDS PROGRAM
Splash Financial may offer a 'rewards program' as a part of offers to Users. The terms and conditions of Splash Financial rewards programs will differ according to each reward. It is the responsibility of each User to familiarize themselves with the terms and conditions of each reward, which can typically be found linked to a reward offer. Should you seek further information on a reward offer, email us at support@SplashFinancial.com.
7. THIRD PARTY SITES
You agree to defend, indemnify and hold harmless Splash Financial and its subsidiaries, agents, licensors, managers, Lenders, third party service partners, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; or (v) any other party's access and use of the Service with your unique username, password or other appropriate security code.
9. NO WARRANTY
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. NOTHING IN THE SERVICE CONSTITUTES INVESTMENT, LEGAL AND/OR OTHER PROFESSIONAL ADVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SPLASH FINANCIAL, ITS SUBSIDIARIES, ITS AFFILIATES, ITS LICENSORS, LENDERS AND THIRD PARTY SERVICE PARTNERS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
Splash Financial does not warrant, endorse, guarantee, or assume responsibility for any product or Service advertised or offered by a Lender or third party through the Splash Financial Service or any hyperlinked website or service, and Splash Financial will not be a party to or in any way monitor any transaction between you and Providers or third party providers of products or services. Through your use of the Service, you may have opportunities to engage in commercial transactions with Lenders and third parties. You acknowledge that all transactions relating to any products or services offered by any Lender or third party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. We make no warranty regarding any transactions executed through, or in connection with this site, with any Lender or third party and you understand and agree that such transactions are conducted entirely at your own risk. Any warranty that is provided in connection with any products, services, materials, or information available on or through this site from a Lender or third party is provided solely by such Provider or third party, and not by us or any other of our affiliates.
10. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SPLASH FINANCIAL, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, LENDERS, THIRD PARTY SERVICE PARTNERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL SPLASH FINANCIAL BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPLASH FINANCIAL ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL SPLASH FINANCIAL, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU MAY HAVE PAID TO SPLASH FINANCIAL HEREUNDER OR $10.00, WHICHEVER IS GREATER.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Splash Financial has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. Further, we shall not be liable in any way for Lender or third party goods and services offered through the Service or in connection with conducting commercial transactions through this site, including without limitation the processing of orders. Some states do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this agreement will not apply to the extent prohibited by applicable law.
The Service is controlled and operated from facilities in the United States. Splash Financial makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
11. GOVERNING LAW AND ARBITRATION
11.1 Governing Law
You agree that: (i) the Service shall be deemed solely based in the State of Ohio, USA; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Splash Financial, either specific or general, in jurisdictions other than Ohio. This Agreement shall be governed by the internal substantive laws of the State of Ohio, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Cuyahoga County, Ohio for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.
For any dispute with Splash Financial, you agree to first contact us at support@SplashFinancial.com and attempt to resolve the dispute with us informally. In the event that Splash Financial has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any Splash Financial claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, "Claims"), by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. The arbitration will be conducted in Cuyahoga County, Ohio, unless you and Splash Financial agree otherwise. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party's data security, Intellectual Property Rights, or other proprietary rights. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND SPLASH FINANCIAL ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Splash Financial without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
B. Notification Procedures and Changes to the Agreement.
C. Entire Agreement/Severability.
This Agreement, together with any amendments and any additional agreements you may enter into with Splash Financial in connection with the Service, shall constitute the entire agreement between you and Splash Financial concerning the Service and supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and Splash Financial with respect to the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
D. No Waiver.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Splash Financial's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Please contact us at support@SplashFinancial.com with any questions regarding this Agreement.
Last Updated: February 2023