HannDev, LLC

Terms of Use

Last Updated: July 27, 2020

These Terms of Use (the “Terms of Use”) are a legally binding contract.  In these Terms of Use, the terms “HannDev,”  “Splitcart,” “we,” “us,” and “our” refer to HannDev, LLC, and the terms “you” and “your” refer to you as a user, of the Splitcart.com website, mobile and other online applications, products and/or services owned or operated by HannDev, LLC (collectively, referred to herein as the “Splitcart Site” or the “Site”), whether you are a visiting for research, information, as a buyer, or for any other purpose.  For purposes of these Terms of Use, the terms “Originator” refers to the person who (1) initiates a single purchase of a good without other co-purchasers; or (2) creates a campaign to purchase a good as a group, with the purchase price and other costs, fees, and taxes being split among a designated group.  As used herein, the term “Splitter” refers to each individual who is splitting the purchase price of an item, in other words, these Splitters are co-purchasing a good as a group.  You also accept the Terms of Use when you create an account, purchase a good individually or with others splitting (co-purchasers of a good), or access the Site.  We may make changes to these Terms of Use.  It is your responsibility to review the Terms of Use for updates or changes. If you do not agree with the Terms of Use, you should not use the Site.

1. Use of the Site and Some Information on HannDev

You may use the Site for your personal, noncommercial use only.  You may not use the Site to split the purchase price of goods you sell to others, may not use the site to purchase goods as part of a raffle, auction, or other like commercial activity.  You may not use the Site if you are under the age of 18.  Further, you may not use the Site in any manner that conflicts with any applicable law.  HannDev is not a financial institution, credit card/debit card processor, acquirer, payment aggregator, or other like financial institution.

2. Privacy

Your use of the Site is subject to our Privacy Policy.  Please review the policy for more on how we collect and use information.

3. Information on Our Site

We try to be as accurate as possible with the information we present on the Site. We will make reasonable efforts to accurately display the attributes of the products we sell. We do not warrant that product descriptions or other content is accurate, complete, or error free. Prices and promotions are subject to change.  We cannot confirm the availability or price of an item until you place your order and all Splitters contributing to the required payment amount each Splitter  has agreed to and successfully remitted full payment of their portion of the purchase, including without limitation, any sales tax, shipping costs, and other fees. Despite our best efforts, sometimes an item listed for sale online may not be available, the offer may have been misstated, or an item may be mispriced. For any of these reasons, we may cancel your order, or we may contact you for instructions on the order.

4. Paying for Your Order

Generally, we’ll charge your payment method for an item at the time of sale, once You (if buying alone) or You and all Splitters have contributed the necessary payment amounts.  However, we may preauthorize your order amount with your credit card, credit account, or debit card issuer at the time you place the order, which may have an effect on your available credit line. When you pre-order with a debit card, we may debit your card when you place the pre-order.

5. Order Confirmation

Our order confirmation to you does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. At any time after receipt of your order, we may accept, decline, or place quantity or other limits on your order for any reason. We may impose these limits on a per-person, per-household, per-order, or any other basis. If we reject, limit, or otherwise modify your order, we will attempt to notify you using the email address you provide to us. If we cancel an order or part of an order that we have already charged you for, we’ll refund you the full amount of the canceled portion of the order.

6. Refund Requests and Conversion of Purchase Amount to Gift Card

A.   If the Selected Split Good is not Paid in Full.  If an Originator is splitting the purchase of a specified good with one or more other Splitters and a given Splitter or Splitters do/does not elect to contribute to the purchase (or otherwise does not pay the total amount owed by that Splitter), the Originator will have the opportunity to (1) elect to pay the total outstanding balance due on the purchase (and complete the transaction); or (2) elect to cancel the purchase and refund the money owed to the Originator and any Splitters.

B.    Once a purchase is completed, in order to receive a refund, the product must be returned and received by HannDev (or its designated agent as listed on any return receipt or shipping paperwork) within 30 days from the day the order is processed, and the product must be unused and in its original unopened packaging. Any claim that the good was delivered damaged must be supported by proof of damage at the time of delivery.  You should email support@hanndev.com to begin the refund process. Funds will be reimbursed as a Splitcart credit. You are responsible for any return shipping costs. Returns should not be taken to a physical store supplier in which they are shipped from.

7. Proprietary Rights

All content included on or comprising the Site, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively “Content”) is protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is protected as a collective work under U.S. and international copyright laws, and HannDev owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content. You may not remove or modify any copyright, trademark or other proprietary notice contained in any Content you use, and you may not modify or alter the Content, copy or post the Content on any network computer, or broadcast the Content in any media. You may not copy, scrape, frame, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part. The HannDev logos and other trademarks on the Site are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by HannDev and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.

8. User Generated Content: Reviews, Comments, Communications, and Other Content

You may interact with the Site in numerous ways, including Reviews and Ratings, videos, Questions and Answers, Community Forums, testimonials, and email communication. You hereby grant HannDev a perpetual, irrevocable, royalty-free, transferable right and license to use, modify, reproduce, transmit, publish, display, delete, and distribute any information (except order information sent via email or phone) or materials you share with us throughout the world in any media, including when you allow HannDev to feature text, images and videos shared through social media (e.g., Facebook™, Twitter™, Instagram™, Pinterest™) or submitted through our Reviews and Ratings. You also grant us the right to use the name and social media handle that you use when you share content with us in connection with that content. When you share content to us, you will disclose any affiliation you have and you will not share anything that contains harmful computer code, references other websites, or is false, misleading, illegal, defamatory, libelous, hateful, racist, biased, threatening, or harassing.

Splitcart does not charge for mobile services, but standard message and data rates or other charges may apply from your carrier (any you are the sole party responsible for the same). To receive help email us at support@splitcart.com.  We cannot guarantee your satisfaction with the outcome of an issue, but We will comply with applicable laws.  TO THE MAXIMUM EXTENT PERMITTED BY THE CONTROLLING LAWS, REGULATIONS, RULES, ORDINANCES, ANY INADVERTENT VIOLATION OF ANY LOCAL, STATE, AND/OR FEDERAL LAW, REGULATION, RULES OR ORDINANCE, SHALL BE DEEMED INADVERTENT AND SHALL BE SEVERED FROM THESE TERMS OF USE, AND AL SUCH OTHER LEGAL TERMS, CONDITIONS, REQUIREMENTS, INDEMNIFICATIONS, AND OTHER PROVISIONS SHALL REMAIN IN FULL FORCE AND EFFECT. 

 

9. Notification of Copyright Infringement Under the Digital Millennium Copyright Act (DMCA)

If you believe that your copyrighted material may have been infringed, please provide the HannDev Copyright Agent with the following information in writing:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • 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;
  • 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 us to locate the material;
  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, your 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 the law; and/or
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

HannDev’s designated agent to receive notifications of claimed infringement can be reached by:

DMCA

Mail:               HannDev – DMCA Staff

_______________________

_______________________

Email:             support@splitcart.com_____

Unless otherwise required by controlling law, the receipt of all communications shall not be deemed received unless confirmation of receipt is provided in writing.

For additional information regarding this procedure, please reference 17 USC 512.

10. Disclaimers and Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY THE CONTROLLING LAW, HANNDEV PROVIDES THE SITE AND ALL INFORMATION, CONTENT, AND OTHER MATERIAL MADE AVAILABLE THROUGH THE SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT IT WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE.

ANY WARRANTY ON ANY PRODUCT SOLD THROUGH THE SITE IS PROVIDED BY THE MANUFACTURER OF THAT PRODUCT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HANNDEV WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ATTRIBUTABLE TO YOUR USE OF THE SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS YOU PURCHASE THROUGH THE SITE OR HANNDEV’S GROSS NEGLIGENCE, INTENTIONAL, WILLFUL, RECKLESS OR MALICIOUS MISCONDUCT, OR FRAUD.

11. Links to Third-Party Websites

The Site may contain links to other sites operated by third parties (“Third-Party Site(s)”). These links are available for your convenience and are intended only to enable access to these Third-Party Sites and for no other purpose. HannDev does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third-Party Site or its content, products, or services. A link to a Third-Party Site on the HannDev Site does not constitute sponsorship, endorsement, approval or responsibility for any Third-Party Site. The conditions of use and privacy policy of any Third-Party Site may differ substantially from these Terms of Use. Please review the conditions of use for all Third-Party Sites for more information about the terms and conditions that apply to your use of Third-Party Sites.

12. Security

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device. You agree to not share your account credentials with others. You may use the Site only for lawful purposes. Activities including, but not limited to, tampering with the Site, misrepresenting the identity of a user, and using buying agents or conducting fraudulent activities, on the Site are prohibited.

You may not violate or attempt to violate the security of the Site, including by, without limitation, (a) accessing data not intended for you or logging on to a server or an account which you are not authorized to access; (b) using the Site for unintended purposes or trying to change the behavior of the Site; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting; or (f) forging communications on behalf of HannDev (impersonating HannDev) or to the Site (impersonating as a legitimate user). You may not send unsolicited or unauthorized email on behalf of HannDev, including promotions and/or advertising of products or services. We may prosecute you to the full extent of the law for any violation of these Terms of Use. You may not use any device, software or routine or data to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site. You may not use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents we provide and generally publicly available browsers.

13. DISPUTE RESOLUTION – MANDATORY ARBITRATION AND CLASS ACTION WAIVER

  1. ARBITRATION AGREEMENT.YOU AND HANNDEV AGREE THAT ANY CLAIMS OR DISPUTES (“Claims”) THAT ARISE OUT OF OR RELATE IN ANY WAY TO THE TERMS OF THE TERMS OF USE, THE SITE, OR ANY SERVICE (INCLUDING BUT NOT LIMITED TO BILLING DISPUTES) SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION OR IN SMALL CLAIMS COURT. In arbitration, there is no judge and no jury. Instead, Claims are decided by an arbitrator whose authority is created by and governed by this arbitration agreement. Review of arbitration awards in the courts is very limited.
  2. CLASS ACTION WAIVER:YOU AND HANNDEV AGREE THAT ALL CLAIMS BETWEEN US WILL BE RESOLVED IN AN INDIVIDUAL ARBITRATION. WE BOTH AGREE THAT THERE WILL BE NO CLASS, REPRESENTATIVE, OR CONSOLIDATED ACTIONS IN ARBITRATION. In addition, neither you nor HannDev may participate in a class or representative action in court as a class member if the claims asserted in the litigation would fall within the scope of this arbitration agreement if asserted directly by you or HannDev. To be clear, you and HannDev both waive any right to participate in any class action involving disputes between us. This class action waiver is an essential part of our arbitration agreement and may not be severed. If for any reason this class action waiver is found unenforceable, then the entire arbitration agreement will not apply. However, the Jury Trial set forth in these Terms of Use will remain in full force and effect.
  3. ARBITRATOR AUTHORITY:The arbitrator’s authority is governed by this arbitration agreement. You and HannDev agree that the arbitrator may award the same relief that a court of competent jurisdiction could award – consistent with and limited by these Terms of Use (including the limitations of liability set forth herein) but the arbitrator may not award declaratory or injunctive relief that extends beyond you and your dealings with HannDev. An arbitrator may award attorneys’ fees and costs to the prevailing party if a court would be authorized to do so under the applicable law.
  4. ARBITRATION PROCEDURES:You and HannDev agree that your agreement affects interstate commerce, and the Federal Arbitration Act applies. All arbitrations shall be conducted by JAMS Endispute under its Streamlined Arbitration Rules and Procedures (“JAMS”). These Rules are available on the JAMS website at http://www.jamsadr.com or by calling 1.800.352.5267. If there is a conflict between the JAMS Rules and this arbitration agreement, then this arbitration agreement shall control. You and HannDev will equally split the cost of arbitration unless otherwise required by controlling law and/or the rule of the arbitration association.  To the extent required by controlling law or the rules of the arbitration association, HannDev will pay all filing fees and costs associated with commencing an arbitration, but you will be responsible for paying your own attorneys’ fees (if you chose to use an attorney in arbitration) unless you prevail in the arbitration and the arbitrator finds that you are entitled to recover your fees under the law. Except for claims determined to be frivolous, HannDev agrees not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law. If you bring an arbitration against HannDev, the arbitration hearing will be held in your hometown area, unless we both agree on a different location.
  5. TIME LIMITATIONS: If you or HannDev want to assert a dispute against the other, the party with the dispute must initiate arbitration within one (1) year from the date the dispute arose. Absent commencing the arbitration within one (1) year from the date the dispute arose, the Dispute(s) will be forever barred.
  6. SEVERABILITY: If any part of this “DISPUTE RESOLUTION – MANDATORY ARBITRATION AND CLASS ACTION WAIVER” section is ruled to be unenforceable, then the balance of this “DISPUTE RESOLUTION – MANDATORY ARBITRATION AND CLASS ACTION WAIVER” section shall remain in full effect and construed and enforced as if the portion rule unenforceable were not contained herein.
  7. SURVIVAL:This arbitration agreement survives the termination of these Terms of Use between you and HannDev.
  8. INJUNCTION: NOTWITHSTANDING ANY OF THE FOREGOING, ANY DISPUTE THAT FALLS WITHIN THE JURISDICTIONAL SCOPE AND AMOUNT OF AN APPROPRIATE SMALL CLAIMS COURT SHALL BE BROUGHT IN IOWA SMALL CLAIMS COURT ON AN INDIVIDUAL BASIS. IN ADDITION, EITHER PARTY MAY ELECT TO BRING AN ACTION IN IOWA COURT TO SEEK TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS.

14. JURY TRIAL WAIVER

You and HannDev expressly and knowingly WAIVE THE RIGHT TO TRIAL BY JURY. This means that if for any reason the arbitration agreement contained in these Terms of Use is not enforced or is found inapplicable, our claims against each other will be resolved by a judge rather than a jury.

15. Disclaimer of Warranties and Limitation of Liability

IF YOU RELY ON THE SITE OR ANY INFORMATION, PRODUCT, OR SERVICE AVAILABLE THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED THROUGH THE SITE. THE SITE IS PROVIDED TO YOU “AS IS.” HANNDEV AND ITS AFFILIATES, AGENTS, AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE SITE (OR ANY INFORMATION, GOODS, OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH THE SITE). NOR DO WE OR THEY GUARANTEE THAT THE SITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HANNDEV AND ITS AFFILIATES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS, OR JUDGMENTS ARISING OUT OF OR RELATED TO ANY CONTENT POSTED TO THE SITE BY YOU OR ANY THIRD PARTY.

UNDER NO CIRCUMSTANCES WILL HANNDEV OR ITS AFFILIATES, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR ANY PRODUCT OR SERVICE LINKED TO OR FROM OR ADVERTISED OR PROMOTED ON THE SITE, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, AND LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF HANNDEV AND ITS AFFILIATES, AGENTS, AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATING TO THE SITE WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF THE SITE OUT OF WHICH SUCH LIABILITY ALLEGEDLY ARISES. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, YOU AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, TORTIOUS, OR ILLEGAL CONDUCT BY YOU OR ANY OTHER PARTY OR ANY INFRINGEMENT OF YOUR OR ANOTHER’S RIGHTS ARISING FROM OR IN CONNECTION WITH THE SITE.

TO THE LIMITED EXTENT THAT A CONTROLLING JURISDICTION DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES UNDER THIS AGREEMENT, THEN, ONLY IN SUCH INSTANCE IS IT POSSIBLE THAT SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY.

16. Indemnification

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS HANNDEV AND ITS OWNERS, SHAREHOLDERS, MEMBERS, MANAGERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, PARTNERS, AND LICENSORS FROM ANY AND ALL THREATENED CLAIMS, DAMAGES, LOSSES, JUDGEMENTS, AND/OR EXPENSES (INCLUDING WITHOUT LIMITATION ATTORNEY’S FEES AND COURT COSTS), ASSOCIATED WITH ALL ACTUAL OR POTENTIAL CLAIMS THAT ARISE FROM OR ARE RELATED IN ANY WAY TO YOUR USE OF THE SITE OR ANY BREACH OF THESE TERMS OF USE.

17. Governing Law

You and HannDev both benefit from establishing a predictable legal environment in which to publish, access and use this Site. Therefore, by publishing, accessing, and/or using the Site, you and HannDev explicitly agree that all disputes, claims, or other matters arising from or relating to your use of this Site will be solely and exclusively construed in accordance with the laws of, the State of Iowa, without regard to its choice of laws rules.

Termination of Use

We may, in our sole discretion, terminate your account or your use of the Site at any time. You are personally liable for any orders that you place or charges that you incur prior to termination. We may change, suspend or discontinue all or any aspects of the Site at any time without prior notice.