Terms and Conditions of Use

USE OF THIS WEBSITE SIGNIFIES YOUR UNDERSTANDING AND AGREEMENT TO COMPLY WITH THESES TERMS AND CONDITIONS OF USE

Welcome to the www.splurge.works website (“Website”). This Website is maintained as a service to our customers. By using this Website, you agree to comply with and be bound by the following terms and conditions of use. This page together with our Privacy Policy, outlines the terms and conditions on which we provide access to our websites (“Terms of Use”).

If you do not agree to these Terms of Use, you do not have the right to access this Website or use this Website or its equipment in any way. For purposes of this agreement, the terms “Splurge®,” “we,” “us,” and “our” refer to Splurge® and each of its affiliates, parent companies, subsidiaries and affiliates. The terms and “you” and “your” refers to you, as a user of this Website.

PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS OF USE AFFECT YOUR LEGAL RIGHTS AND INCLUDE A WAIVER OF YOUR RIGHT TO A JURY TRIAL FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OF USE AND YOUR USE OF THE WEBSITE.

Modification of the Terms of Use

Internet technology and the applicable laws, rules and regulations change frequently. Therefore, the parties agree that Splurge® may modify these Terms of Use at any time by adding new terms or amending existing terms. Such modifications will be effective as of the date that the updated Terms of Use are posted on the Website (“Effective Date”). Your use of the Website after the Effective Date, constitutes your acknowledgment of such modifications and your agreement to abide, and be bound, by the Terms of Use as modified. If you do not accept such modification(s), then do not continue to use the Website. Splurge® shall provide written notice of such modification before the Effective Date. You hereby agree to receive such notifications by email.

Privacy and Protection of Personal Information

Our Privacy Policy is hereby incorporated by reference in its entirety and is available at http://www.splurge.works/privacy/.

Personal and Non-Commercial Limited License

Splurge® hereby grants you a limited, revocable, non-exclusive, non-transferable license, without any right to sublicense, to use this Website solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials, content or any other information on the Website, reverse engineer or break into (hack) the Website, or use materials, products or services in violation of any state or federal law. In addition, you shall not manipulate or otherwise display the Website by using framing or similar navigational technology, nor shall you access the Website by any means other than through the standard industry-accepted interfaces. Except as stated above, all rights are reserved. Commercial use of any content on the Website or any goods purchased through the Website is strictly prohibited.

Use Restricted to U.S. Residents

By entering this Website, you acknowledge and agree that Splurge® operates this Website from its offices within the United States of America and that Website is intended for viewing within the United States only and will only be construed and evaluated according to United States law. Splurge® makes no representations that the materials on this Website are appropriate or available for use outside the United States. If you choose to access this Website from outside the United States, you do so at your own risk and are responsible for compliance with all local laws.

Access Restriction and Termination

Access and use of the Website, is expressly conditioned on your compliance with all relevant laws, regulations, contractual obligations, and these Terms of Use. Splurge® may restrict, suspend, or terminate your access to all or any part of the Website at any time and for any reason in its sole and complete discretion, including but not limited to (1) when required by law; (2) when Splurge® believes, in its sole discretion, that a user may be violating the law or these Terms of Use; or (3) any other reason that Splurge® deems appropriate. Splurge® reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to Website.

No Unlawful or Prohibited Use

As a condition of your use of the Website, you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Website in any manner which could damage, disable, interrupt, overburden, or impair the Website, network or servers of Splurge®, or interfere with any other party’s use and enjoyment of the Website. You may not attempt to gain unauthorized access to the Website, other accounts, computer systems or networks connected to the Website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website. In addition, you shall not register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for the Website if you are not expressly authorized by such party to do so. Additionally, you shall not engage in spidering, “screen scraping,” “database scraping,” harvesting of information, or any other automatic means of accessing, logging-in or registering on this website, or obtaining or accessing other information from or through this Website.

You may not use the Splurge® icon, domain names, URL addresses, or other means to hyperlink other Internet sites with any page in the Website. You must obtain prior written permission from Splurge® to hyperlink in any manner to the Website.

The following actions are also expressly prohibited:

  • 1) Transmitting unsolicited email or spam;
  • 2) Using any Splurge® domain name as a pseudonymous return email address for any electronic communications;
  • 3) Pretending to be someone else or spoof their identity;
  • 4) Soliciting business, selling products, or otherwise engaging in commercial activities or personal advertisements;
  • 5) Using the Website to perpetrate fraud, misrepresentation or illegal activity;
  • 6) Attempting to gain unauthorized access to the Website or another user’s account, through hacking, password mining or any other means;
  • 7) Attempting to circumvent or compromise any security measures;
  • 8) Creating or releasing computer viruses, Trojan horses, or worms or otherwise engaging in destructive or potentially destructive programming activities;
  • 9) Deep linking to any part of the Website;
  • 10) Modifying, altering, or tampering with systems hardware or software;
  • 11) Creating multiple Splurge® accounts;
  • 12) Intentionally submitting inaccurate information or falsifying information submitted to Splurge® for the purpose of creating multiple accounts;
  • 13) Reselling or repurposing your Splurge® account;
  • 14) Exceeding or attempting to exceed quantity limits when using coupons, vouchers or other limited offers and promotions; or
  • 15) Assisting or permitting any person engaging in any of the activities described above.

Password and Responsibility for User Account

When you create an account with Splurge®, you will be provided with a confidential user name and password. The account is provided solely for your own personal use. Your account is non-transferrable and cannot be sold, combined or shared with any other person. You are solely responsible for all activities that occur under your account, including but not limited to any content and data posted, shared or transmitted through the Website and any messages, online chats or other interactions with other users. You are responsible for keeping your user name and password confidential. You shall not knowingly disclose your user name and password to any third party. You must notify us immediately of any unauthorized use of your user name and password, if you believe that your user name and password is no longer confidential, or if you believe that there has been a breach in security with respect to your account. We reserve the right to require that you change your password if your account is no longer secure. Splurge® shall not be liable for any loss or damages you may suffer as a result of someone else using your user name and password.

Your access to the Website and your account is solely for your own personal use. You shall not authorize or enable others to use your account. You shall not use the user name or password of any other user at any time, or attempt to impersonate another user, or any person who is not a user.

Material You Post or Share

You are solely responsible for the information, opinions, descriptions, photos, profiles, messages, videos, and all other content that you post, store or transmit on or through the Website, or share with other users or that is posted, stored, transmitted or shared using your user name and password (“User Content”). By posting User Content to any part of the Website, you automatically grant Splurge® an irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt, transmit, and distribute such User Content for any purpose on or in connection with the Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and authorize sublicenses of the foregoing. You agree not to post, store or transmit any User Content on or through the Website that violates any third party intellectual property rights, violates any laws, or that is obscene, lewd, lascivious, violent, harassing, abusive, insulting, defamatory, racist, sexist, threatening or otherwise objectionable (collectively “Offensive Material”).

Right to Remove Content

You agree that Splurge® has the right to remove any content, including User Content, from the Website at any time, with or without cause. Posting and sharing content on the Website is a privilege and not a right. Splurge® also has the right to refuse, move, or block access to any material submitted on or through the Website, and to establish general practices and limits concerning use of the Website.

It is our policy not to tolerate any Offensive Material being posted on the Website, regardless of whether or not such material is constitutionally protected. If you believe someone has posted any content that may be considered Offensive Material, please notify us by email at complaints@splurge.works. You must use this address if you want to ensure that your complaint is actually received by the appropriate person. Your email must also include (1) the nature of the violation; (2) all facts which lead you to believe this policy has been violated; (3) the precise location of the where the Offensive Material is located; and (4) the identity of the person or persons who posted the Offensive Material (if known).

It is the sole and complete discretion of Splurge® to decide whether or not remove content from the Website. Splurge® has no obligations, contractual or otherwise, to take or refrain from taking any action. Under no circumstances will Splurge® be liable for removing or failing to remove any content.

Retail Partners

All products purchased using the Website are purchased from third party retailers (“Retail Partners”). All sales are subject to the sales terms and refund policies of each Retail Partner. Links to the sales terms and refund policies are provided in the individual Retail Partner store. Please review these terms and policies carefully We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Amazon does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

Product Descriptions and Third Party Content

This Website may contain materials submitted by third-parties, including but not limited to User Content, product descriptions, and advertisements. Any such materials are provided solely as a convenience to you. Splurge® has not tested or evaluated these materials and does not endorse or make any representations about these materials or your use thereof. If you use or rely on any of the third-party materials, you do so at your own risk. In no event shall Splurge® be liable for any loss, claim, damages, or costs that may arise in connection with your use of or reliance on these materials.

Sweepstakes and Promotions

From time to time Splurge® and/or its Retail Partners may provide opportunities to participate special promotions, contests, games and/or sweepstakes. The rules, regulations and procedures governing any of the foregoing shall be accessible through a hypertext link displayed on the web page where the contest or game may be located. By entering or participating in any of them, you agree to be subject to those rules, regulations and procedures. Please remember to read the rules carefully before participating. Coupons and special promotions cannot be combined unless specifically authorized.

Unsolicited Ideas

We do not accept or consider unsolicited ideas, including ideas for new products or services. You should not transmit any material to Splurge® that you consider to be confidential or proprietary. Any material that you transmit to Splurge® will be considered non-confidential and non-proprietary. You give Splurge® an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute any such information. You further agree that Splurge® has the right to use, without any payment or accounting to you or others, any concepts, know-how or ideas that you (or those who act on your behalf) transmit to Splurge®.

Trademarks, Copyright and Proprietary Rights

The Splurge® name and logo are trademarks of Splurge®. All other company names, logos, and trademarks mentioned herein are the property of their respective owners. Nothing herein shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Splurge® name, logos, or trademarks without obtaining the written permission of Splurge® or such other third party owner, as applicable.

All content on the Website, including but not limited to designs, data and databases, text, graphics, images, photographs, illustrations, audio and video material, artwork, proprietary information, client-side code (e.g. HTML, JavaScript, etc.) and server-side code (e.g. active server pages, VBScript, databases, etc.) and all copyrightable elements of the Website, and their selection and arrangement (excluding any of User Content) (the “Site Content”) individually and/or collectively, are the proprietary property of Splurge® and is protected by U.S. copyright law, international treaties and other intellectual property rights. Except as otherwise stated therein, Site Content may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without prior written consent, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. §107), as amended, and then, only with notices of the proprietary rights of Splurge®, provided however, that you may download the information and print out hard copies for your own personal, noncommercial use, so long as you do not remove any copyright or other notice as may be contained in the information as downloaded.

You acknowledge that Splurge® will aggressively enforce its intellectual property rights to the fullest extent of the law, including, without limitation, the seeking of criminal prosecution.

Intended Audience

This Website is intended for adults age 18 or older. This Website is not intended for any children under the age of 13.

Website Availability

Splurge® will make reasonable efforts to keep the Website operational. However, certain technical difficulties, routine site maintenance/upgrades and other events outside the control of Splurge® may, from time to time, result in temporary interruptions to the Website. In addition, Splurge® reserves the right at any time and from time to time to modify or discontinue (on a temporary or permanent basis) certain functions of the Website or the entire Website, with or without notice.

Third-Party Links

This Website may contain links to third-party websites that are not under the control of or maintained by Splurge® including advertiser websites (the “Linked Sites”). The Linked Sites are not under the control of Splurge® and Splurge® is not responsible for the contents of any Linked Site. Splurge® does not endorse or make any representations about these websites, or any information, materials, or products found thereon. If you access any of the third-party websites linked on this Website, you do so at your own risk. In no event shall Splurge® be liable for any loss, claim, damages, or costs that may arise in connection with your use any third-party links or Linked Sites.

Any dealings with third parties (including advertisers) included within the Website or Linked Sites or participation in promotions offered by third parties, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Splurge® shall not be responsible or liable for any part of any such dealings or promotions.

Indemnification

You agree to indemnify, defend and hold harmless Splurge®, it officers, directors, shareholders, partners, employees, agents, attorneys, affiliates, successors and assigns from any liability, loss, claim and expense, including reasonable attorneys’ fees, whether or not a lawsuit or other proceeding is filed, that in any way arises out of or relates to (a) your breach or violation of these Terms of Use or any applicable state or federal law or (b) your use of the Website. This provision shall survive the termination of these Terms of Use.

Disclaimer

THE INFORMATION ON THIS WEBSITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. YOU AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. SPLURGE® DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THIRD PARTY RIGHTS ARISING OUR OF COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE. YOU UNDERSTAND AND AGREE THAT THE OPERATION OF THE SITE MAY INVOLVE BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. SPLURGE® HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF THE WEBSITE OR USE OF ANY INFORMATION OR SERVICES ACCESSED THROUGH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SPLURGE® THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE OF ANY KIND.

Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you if prohibited by law.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL SPLURGE® BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITE, YOUR WEBSITE USE, OR THE CONTENT OR MATERIALS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND/OR CONTENT IS A REFUND OF AMOUNTS PAID TO SPLURGE® AND TO CEASE ALL OF YOUR WEBSITE USE.

YOU HEREBY WAIVE AND RELEASE SPLURGE® AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM ANY AND ALL LIABILITY ARISING FROM OR RELATING TO ANY ACT OF OMISSION OF A RETAIL PARTNER IN CONNECTION WITH YOUR USE PURCHASE OF GOODS OR SERVICE PROVIDED BY ANY SUCH RETAIL PARTNER.

Some states and other jurisdictions may not allow this limitation of liability, so the forgoing disclaimer may not apply to you if prohibited by applicable law.

Copyright Infringement Notice Policy

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe that your copyrighted material has been copied in a way that constitutes copyright infringement, please contact the designated Copyright Agent for Splurge® and provide the following information:

  • A. A description of the copyrighted work that allegedly has been infringed.
  • B. A description of the material that is claimed to be infringing and the URL of where such material is located on the Website, sufficient to permit Splurge® to locate the material.
  • C. Your contact information, including an address, telephone number, and e-mail address.
  • D. A statement by you that you have a good faith belief that the disputed use of the copyright-protected material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • E. A statement, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
  • F. Your physical or electronic signature.
  • F. Your physical or electronic signature.

Send this information to:

By mail:

Splurge Corporation
Attn: Copyright Agent
16192 Coastal Highway
Lewes DE 19958

By email:

complaints@splurge.works

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

Choice of Law

These Terms of Use shall be controlled by the laws of the State of California, giving no effect to any conflict principles.

Agreement to Arbitrate

Any and all disputes, conflicts, problems, controversies, or claims of any kind arising from the relationship of the parties, the Website, these Terms of Use, or the interpretation thereof, no matter how described, pleaded or styled, shall be shall be submitted to binding arbitration under the substantive and procedural requirements of the Federal Arbitration Act. The arbitration shall be conducted by a single, neutral arbitrator chosen by the parties, conducted under the Consumer-Related Disputes Supplementary Procedures of the American Arbitration Association, conducted at San Diego, California The parties agree that the arbitrator, and not a court, shall have exclusive jurisdiction over the interpretation, validity, and scope of this arbitration agreement. The costs of the arbitration filing fee, arbitrator’s compensation, and facilities fees will be paid by Splurge®. Each party shall pay for its own attorneys’ fees and costs. Any dispute or claim shall be brought solely in that party’s individual capacity, and not as a plaintiff or class member in any purported class action, representative proceeding, mass action or consolidated action. Neither party shall file or maintain any lawsuit in any court against the other, and agree that any suit filed in violation of this arbitration agreement shall be dismissed by the court in favor of an arbitration conducted pursuant to this arbitration agreement and all costs and attorneys’ fees incurred in enforcing this provision shall be paid by the party that filed the lawsuit, except that this provision does not affect either party’s right to seek relief in small claims court for disputes or claims within the scope of its jurisdiction. If this arbitration agreement is declared unenforceable and cannot be administered, interpreted, or modified to be enforceable, the parties agree to waive any right to a jury trial with respect to any dispute to which the arbitration agreement applies. This provision shall survive the termination of these Terms of Use.

BY ACCEPTING THESE TERMS OF USE YOU ACKNOWLEDGE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND ANY RIGHTS YOU MAY HAVE TO BRING ANY CLAIMS ON A CLASS, REPRESENTATIVE, CONSOLIDATED OR MASS ACTION BASIS.

Consent to Receive Notices Electronically

You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these terms refer from us electronically, including without limitation by e-mail or other electronic communication technology that may hereafter be developed. You agree that all Notices that we provide to you electronically satisfy any legal requirements that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing info@splurge.works and discontinue your use of this Website. In such event, all rights granted to you pursuant to these Terms of Use, including, without limitation, the licenses to use the Website set forth above, shall automatically terminate. Also, please note that your consent to receive notices is separate from any election that you make with respect to receipt of marketing communications, which is discussed under the Privacy Policy.

Termination

These Terms of Use shall remain in full force and effect while you use the Website but subject to immediate termination for violation of these Terms of Use.

Assignment

These Terms of Use and our rights hereunder may be assigned, in whole or in part, by Splurge® to a third party, in our sole discretion, in connection with a merger, acquisition, reorganization or sale of substantially all of our assets, or otherwise, in whole or in part. You may not assign, sublicense, or delegate your rights hereunder.

Severability

If any provision of these Terms of Use shall be adjudged by any arbitrator or court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect.

Contact

Any questions about these Terms of Use should be directed to Splurge® at: info@splurge.works

Effective as of October 23, 2015