Terms of Service

1. Agreement to Terms

Welcome to SplitWise NWA ("Company," "we," "our," or "us"). By accessing or using our website located at splitwisenwa.com (the "Site") and any related services (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms").

If you do not agree to these Terms, you must not access or use our Services.

These Terms constitute a legally binding agreement between you and SplitWise NWA. We reserve the right to modify these Terms at any time, and such modifications will be effective immediately upon posting. Your continued use of the Services after any modifications indicates your acceptance of the modified Terms.

2. Service Description

SplitWise NWA provides informational guidance regarding housing options for individuals experiencing divorce or separation in Northwest Arkansas. Our Services include:

• Housing Guidance: Directional analysis of housing options during divorce or separation, including buyout scenarios, selling options, and rental alternatives
• Assessment Tools: Interactive questionnaires and calculators that provide general estimates based on information you provide
• Educational Resources: Articles, guides, and informational content about the divorce process and housing considerations
• Professional Connections: Referrals to partner real estate professionals who may assist with your housing needs

3. User Responsibilities

By using our Services, you represent, warrant, and agree that:

3.1 Eligibility

• You are at least 18 years of age
• You have the legal capacity to enter into these Terms
• You are not prohibited by law from using our Services

3.2 Accurate Information

• All information you provide to us is accurate, current, and complete
• You will maintain and promptly update your information as necessary
• You understand that inaccurate information may result in inaccurate guidance

3.3 Lawful Use

• You will use the Services only for lawful purposes and in accordance with these Terms
• You will not use the Services in any way that violates applicable federal, state, local, or international law
• You will not attempt to gain unauthorized access to any portion of the Services or any systems or networks connected to the Services
• You will not use any automated means to access the Services or collect any information from the Services
• You will not interfere with or disrupt the integrity or performance of the Services

3.4 Acknowledgments

• You understand that the guidance provided is general in nature and may not apply to your specific situation
• You acknowledge that you are solely responsible for decisions made based on information from our Services
• You will consult with appropriate licensed professionals before making significant legal, financial, or real estate decisions

4. Important Disclaimers

4.1 Not Legal Advice

We are not attorneys, and nothing on this website constitutes legal advice. The information provided does not create an attorney-client relationship. Legal matters related to divorce, property division, custody, and other family law issues must be handled by a licensed attorney. Arkansas law requires that certain family law matters be handled by licensed attorneys. Do not delay seeking legal counsel based on information found on this website.

We strongly recommend consulting with a licensed family law attorney in Arkansas before making any legal decisions related to your divorce or separation.

4.2 Not Financial Advice

We are not financial advisors, CPAs, or Certified Divorce Financial Analysts (CDFAs). The estimates, calculations, and projections provided on this website are for general informational purposes only. They are directional estimates, not precise financial calculations. Actual outcomes may vary significantly based on factors we cannot predict or assess.

We strongly recommend consulting with a qualified financial professional before making any financial decisions related to your divorce.

4.3 Not Licensed Real Estate Services

SplitWise NWA is not a licensed real estate brokerage. We provide general housing guidance and may refer you to licensed real estate professionals. We do not list properties, represent buyers or sellers in transactions, or provide real estate appraisals.

Home valuations and market estimates provided are general approximations and do not constitute professional appraisals. For accurate property valuations, consult a licensed appraiser.

4.4 Not Lending Services

We are not mortgage lenders, mortgage brokers, or loan officers. Affordability estimates are general approximations based on standard industry guidelines and the information you provide. Actual loan approval depends on many factors including credit history, employment, debt-to-income ratios, and lender-specific criteria.

4.5 Information Provided "As Is"

All information, content, and materials available through our Services are provided on an "as is" and "as available" basis. We make no warranties, express or implied, regarding:

• The accuracy, completeness, or reliability of any information
• The suitability of the information for your particular situation
• The outcomes of any decisions you make based on the information
• The uninterrupted or error-free operation of the Services

4.6 Recommendation to Consult Professionals

We strongly recommend that before making any significant decisions related to your divorce or separation, you consult with:

• Family Law Attorney: For legal advice regarding divorce, property division, custody, and related matters
• Financial Advisor or CDFA: For comprehensive financial planning during divorce
• Certified Public Accountant (CPA): For tax implications of divorce-related decisions
• Licensed Real Estate Agent: For buying or selling property
• Licensed Appraiser: For accurate property valuations
• Licensed Mortgage Professional: For financing options and qualification

5. Consent to Contact

By submitting your contact information through our Services, you expressly consent to be contacted by SplitWise NWA and our partner real estate professionals via:

• Phone calls (including calls made using an automatic telephone dialing system)
• Text messages (SMS/MMS)
• Email communications

This consent applies to the contact information you provide and includes automated messages and prerecorded voice messages.

Opt-Out: You may opt out of communications at any time by:

• Replying STOP to any text message
• Using the unsubscribe link in any email
• Contacting us at info@splitwisenwa.com

6. TCPA Compliance

By providing your telephone number and using our Services, you agree that:

• We may contact you using an automatic telephone dialing system or artificial or prerecorded voice
• Your consent is not a condition of purchasing any goods or services from us or our partners
• Message and data rates may apply to text messages
• Message frequency may vary based on your inquiry and engagement

If you do not wish to receive calls or texts, you may opt out as described in Section 5 above.

7. Real Estate Services

If you choose to work with our partner realtor or other real estate professionals for buying or selling property:

• Separate agreements will govern those relationships and transactions
• Standard real estate commissions (typically paid by the seller) will apply to any transactions
• SplitWise NWA may receive referral compensation from partner real estate professionals
• You are not obligated to use our partner professionals and may choose any licensed professional you prefer

8. Intellectual Property

8.1 Our Content

All content on this website, including but not limited to text, graphics, logos, images, audio clips, video clips, data compilations, software, and the compilation thereof (collectively, "Content"), is the property of SplitWise NWA or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.

8.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services and Content for your personal, non-commercial use only. This license does not include:

• Any resale or commercial use of the Services or Content
• Any collection and use of any listings, descriptions, or prices
• Any derivative use of the Services or Content
• Any downloading or copying of account information for the benefit of another party
• Any use of data mining, robots, or similar data gathering and extraction tools

8.3 Trademarks

"SplitWise NWA" and related logos are trademarks of SplitWise NWA. You may not use our trademarks without our prior written permission.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

9.1 IN NO EVENT SHALL SPLITWISE NWA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION:

• Loss of profits, data, use, goodwill, or other intangible losses
• Damages resulting from your access to or use of (or inability to access or use) the Services
• Damages resulting from any conduct or content of any third party on the Services
• Damages resulting from unauthorized access, use, or alteration of your transmissions or content
• Damages resulting from any decisions you make based on information obtained through the Services

9.2 OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US, IF ANY, FOR ACCESS TO THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM.

9.3 THE LIMITATIONS OF THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.

10. Indemnification

You agree to indemnify, defend, and hold harmless SplitWise NWA and its officers, directors, employees, agents, partners, affiliates, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any rights of another party
• Your violation of any applicable law or regulation
• Any content you submit, post, or transmit through the Services
• Any decisions you make based on information obtained through the Services

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims.

11. Dispute Resolution

11.1 Informal Resolution

Before filing any legal claim, you agree to attempt to resolve any dispute informally by contacting us at info@splitwisenwa.com. We will attempt to resolve the dispute informally by contacting you via email within thirty (30) days.

11.2 Binding Arbitration

If we cannot resolve a dispute informally, any dispute, controversy, or claim arising out of or relating to these Terms or the Services shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association ("AAA"). The arbitration shall be conducted:

• In Northwest Arkansas (Benton or Washington County)
• Before a single arbitrator selected in accordance with AAA rules
• In accordance with the AAA Consumer Arbitration Rules

11.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than arbitration, you waive any right to a jury trial.

11.4 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

12. Governing Law

These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the State of Arkansas, without regard to its conflict of law provisions.

To the extent that arbitration does not apply or is not enforceable, you agree that any judicial proceedings will be brought in the state or federal courts located in Benton County or Washington County, Arkansas. You consent to the exclusive jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

13. Changes to Terms

We reserve the right to modify, amend, or update these Terms at any time in our sole discretion. Changes will be effective immediately upon posting to our website with a new "Last Updated" date.

For significant changes, we may provide additional notice, such as:

• Posting a prominent notice on our website
• Sending an email to the address associated with your inquiry (if applicable)

Your continued use of the Services after any changes to these Terms constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Services.

We encourage you to review these Terms periodically for any changes.

14. Severability

If any provision of these Terms is found to be unenforceable, invalid, or illegal by a court of competent jurisdiction, such provision shall be:

• Modified to the minimum extent necessary to make it enforceable while preserving its intent, or
• If modification is not possible, severed from these Terms

The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provisions, which shall remain in full force and effect.

15. Entire Agreement

These Terms, together with our Privacy Policy and Disclaimer, constitute the entire agreement between you and SplitWise NWA regarding your use of the Services.

These Terms supersede any prior agreements, communications, or understandings between you and SplitWise NWA, whether written or oral, regarding the Services.

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

16. Contact Information

If you have any questions, concerns, or comments about these Terms of Service, please contact us at: