Terms Of Use

Welcome to Divvy it!

Thanks for using our services (“Services”). The Services are provided by Divvy it LLC (“Divvy it”), located at 19 Francis Drive, Penfield, NY, United States.

By using our Services, you are agreeing to these terms. Please read them carefully.

Sometimes additional terms or service requirements (including age requirements) may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.

Our relationship with you

Divvy it is only a payment facilitator

Divvy it is not a payment processor, third party processor, or credit card process. Divvy it helps facilitate group purchases through our online web application, however, does not process the transactions. Payments are processed by third party payment processors unrelated to us. Divvy it is an independent contractor for all purposes, and is not your agent or trustee. Divvy it does not have control of, or liability for, the products or services that purchased through the Divvy it application.

Intellectual Property

"Divvy it.com", "Divvy it", and all logos related to the Divvy it Services are either trademarks or registered trademarks of Divvy it or Divvy it's licensors. You may not copy, imitate or use them without Divvy it's prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Divvy it. You may not copy, imitate, or use them without our prior written consent. You may use HTML logos and buttons provided by Divvy it through our Store/Merchant services, without prior written consent for the purpose of directing web traffic to the Divvy it application. You may not alter, modify or change these HTML logos in any way, use them in a manner that is disparaging to Divvy it or the Divvy it Services or display them in any manner that implies Divvy it's sponsorship or endorsement. All right, title and interest in and to the Divvy it website, any content thereon, the Divvy it Services, the technology related to the Divvy it Services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of Divvy it and its licensors.

Using our Services

You must follow any policies made available to you within the Services.

Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services, unless authorized. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.

Our Services display some content that is not Divvy it’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.

In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.

Your Divvy it Account

You may need a Divvy it Account in order to use some of our Services.

To protect your Divvy it Account, keep your password confidential. You are responsible for the activity that happens on or through your Divvy it Account. Try not to reuse your Divvy it Account password on third-party applications. If you learn of any unauthorized use of your password or Divvy it Account, please contact us immediately using the contact link on our website.

Privacy and Copyright Protection

Divvy it’s privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Divvy it can use such data in accordance with our privacy policies.

Electronic delivery of communications

You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, "Communications") that we provide in connection with your Divvy it account ("Account") and your use of our services. Communications include, but are not limited to:

  • agreements and policies you agree to (e.g., the Divvy it Terms of Service and the Divvy it Privacy Policy), including updates to these agreements or policies;
  • transaction receipts or confirmations;
  • Account statements and history;

We will provide these Communications to you by posting them on the Divvy it website and/or by emailing them to you at the primary email address listed in your Divvy it Account Profile.

How to withdraw your consent

You may withdraw your consent to receive Communications electronically by contacting us via the "Contact Us" link on our website. If you fail to provide or if you withdraw your consent to receive Communications electronically, Divvy it reserves the right to either deny your application for an Account, restrict or deactivate your Account, close your Account and any sub-account (such as a Student Account), or charge you additional fees for paper copies.

Updating your contact information

It is your responsibility to keep your primary email address up to date so that Divvy it can communicate with you electronically. You understand and agree that if Divvy it sends you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, Divvy it will be deemed to have provided the Communication to you.

Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add Divvy it to your email address book so that you will be able to receive the Communications we send to you.

You can update your primary email address or street address at any time by logging into the Divvy it website. If your email address becomes invalid such that electronic Communications sent to you by Divvy it are returned, Divvy it may deem your Account to be inactive, and you will not be able to transact any activity using your Divvy it Account until we receive a valid, working primary email address from you.

Your Content in our Services

You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.

When you upload, submit, store, send or receive content to or through our Services, you give Divvy it (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services. Some Services may offer you ways to access and remove content that has been provided to that Service.

Our automated systems analyze your shopping trends that may be used in the future to provide you personally relevant product. This analysis occurs as the content is sent, received, and when it is stored.

If you have a Divvy it Account, we may display your Profile name, Profile photo, and actions you take on Divvy it or on third-party applications connected to your Divvy it Account in our Services, in the future, including displaying in ads and other commercial contexts. We will respect the choices you make to limit sharing or visibility settings in your Divvy it Account. For example, you can choose your settings so your name and photo do not appear in an ad.

You can find more information about how Divvy it uses and stores content in the privacy. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.

Modifying and Terminating our Services

We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.

You can stop using our Services at any time, although we’ll be sorry to see you go. Divvy it may also stop providing Services to you, or add or create new limits to our Services at any time.

We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.

Our Warranties and Disclaimers

We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, NEITHER DIVVY IT NOR ITS AFFILIATES MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

Liability for our Services

WHEN PERMITTED BY LAW, DIVVY IT, AND DIVVY IT’S AFFILIATES, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF DIVVY IT, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).

IN ALL CASES, DIVVY IT, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

Fees for Services

Stores/Merchants

Stores/Merchants are subject to processing fees associated with Third Party processors currently utilized by Divvyit. Such stores/merchants are subject to no additional fees imposed by Divvy it at this time.

Customers/Users

Customers/Users are subject to a $.50 processing fee per credit per transaction (eg. If a purchase is split 5 ways, each credit card used will be charge a $.50 processing fee, which will be added to the group total). These fees are used to help reduce the cost of this service to the stores you show patronage, and allow Divvy it to exist.

Agreement to Arbitrate.

You and Divvy it each agree that any and all disputes or claims that have arisen or may arise between you and Divvy it shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.

About these Terms

We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.

These terms control the relationship between Divvy it and you. They do not create any third party beneficiary rights.

If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms.

The laws of New York, U.S.A., excluding New York’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Monroe County, NY, USA, and you and Divvy it consent to personal jurisdiction in those courts.

For information about how to contact Divvy it, please visit our website at divvyit.co.