BY USING OR ACCESSING THE EVRET SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT (‘AGREEMENT’). YOU CANNOT USE THE SERVICE UNLESS YOU HAVE ACCEPTED THESE TERMS AND CONDITIONS.
You should print or save a copy of this agreement for your records, and note that these terms and conditions are updated from time to time in accordance with CLAUSE 14.
1. DESCRIPTION OF THE SERVICE
Evret is an online platform that allows you to store personal and business data for the purpose of marketing your business and networking with other businesses (‘Service’). You understand and acknowledge that the Service is made available on an ‘AS IS’ and ‘AS AVAILABLE’ basis. The Service may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information.
As part of using the Service, Evret may provide you with the opportunity to submit comments, suggestions, or other feedback regarding your use of the Service. You agree that in the absence of a separate written agreement to the contrary, Evret will be free to use any feedback or suggestions you provide for any purpose without any obligation to compensate you for them.
Evret may provide you with notices regarding the Service, including changes to this Agreement, by email, by posting notices on the Evret website, by posts or messages in the Software, or by other communications.
To facilitate the process of using the Service, you may contact Evret at www.evret.com/contact. Evret will endeavour to provide you with reasonable support services through the Service or via email with regards to defect and/or clarification of functions and features of the Service. Unless your contact relates to payments, or you are a Paying network subscriber and your contact relates to a matter which would be subject to a Consumer Guarantee, Evret is in no way obliged or required to respond or resolve these requests for support or to provide any maintenance, technical or other support for the Service or the Software. Under no circumstances is Evret required to provide you with technical support for the devices or operating systems you may choose to run the Service or the Software on.
1.5 CHANGES TO THE SERVICE
Evret may modify, suspend or stop the Service (or any part thereof), either temporarily or permanently, at any time or from time to time, with or without prior notice to you. Subject to the features of your devices and operating systems, and relevant configuration options, these changes may take the form of updates to the Software, which may be automatically downloaded and installed to your device. These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of the Software. Notice of any such changes to the Service may be given by Evret by posting them on its websites and/or via the Software. You agree that Evret shall not be liable to you or any third party for any modification or cessation of the Service. You acknowledge that Evret has no express or implied obligation to provide, or continue to provide, the Service, or any part thereof, now or in the future; and in addition, Evret may at any time, upon prior notice as required by applicable law, institute charges or fees for the Service.
Evret may impose certain limitations on the use of the Service at any time, with or without notice to you, including, but not limited to, restricting the number of Evret Accounts you may register and imposing expiration dates on data and removing expired data from the Service. You further acknowledge and agree that any additional Software downloads or updates to the Software are subject to the terms and conditions of this Agreement.
1.6 EVRET ACCOUNT
2. ACCOUNT AND ELIGIBILITY
To use and/or register for the Service you represent and warrant that:
- you are usually resident within Australia;
- you will use the Service only for business marketing and networking purposes and, without limiting the generality of the foregoing, are not acquiring the Service for personal, domestic or household use;
- you are not listed on any Australian Government list of prohibited or restricted persons or otherwise subject to government sanctions;
- you are at least 18 years old; and
- are not a person barred from receiving the Service under the laws of Australia or any other applicable jurisdiction.
The business that you represent on Evret must be a lawful business operating within Australia. Evret may at its discretion use geoblocking technology to restrict use of the Service from outside Australia.
3.1. LICENCE GRANT
By accepting this Agreement, you are licensed to access and use the Service, including any additional Evret software that Evret may make available to you (‘Software’) and any accompanying documentation provided by Evret. This license granted is a personal, nonexclusive, non-transferrable, non-sub-licensable, revocable, limited license.
3.2. LICENSE RESTRICTIONS
You may not (except as permitted by law):
- submit any automated or recorded queries with the Software or to the Service unless otherwise approved in writing by Evret;
- use the Service other than for your own use;
- copy, reproduce, distribute, or in any other manner duplicate the Software, in whole or in part;
- sell, lease, license, sublicense, distribute, assign, transfer or otherwise grant any rights in the Software or the Service, in whole or in part;
- modify, port, translate, or create derivative works of the Software or the Service;
- decompile, disassemble, reverse engineer or otherwise attempt to derive, reconstruct, identify or discover any source code, underlying ideas, or algorithms, of the Software or the Service by any means;
- remove any proprietary notices, labels or marks from the Software; or
- use the Software or the Service for purposes of comparison with or benchmarking against products or services made available by third parties.
4. DATA PRIVACY
5. CONTENT AND YOUR CONDUCT
'Content' means any information that may be generated or encountered through use of the Service, such as data files, written text, graphics, photographs, images, sounds, videos, messages and any other like materials. You understand that all Content whether publicly posted or privately transmitted on the Service is the sole responsibility of the person from whom such Content originated. This means that you, and not Evret, are solely responsible for any Content you upload, download, post, email, transmit, store or otherwise make available through your use of the Service. You understand that by using the Service you may encounter Content that you may find offensive, indecent, or objectionable, and that you may expose others to Content that they may find objectionable. Evret does not control the Content posted via the Service, nor does it guarantee the accuracy, integrity or quality of such Content. You understand and agree that your use of the Service and any Content is solely at your own risk.
5.2 CONTENT RIGHTS AND OWNERSHIP
When you publish Content or information, you are allowing everyone, including people that have not joined Evret, to access and use that information, and to associate it with you and/or your business. Evret does not claim any ownership in Content submitted by you. However, by submitting or posting Content on areas of the Service that are accessible by the public, you grant Evret a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display this content on the Service. This license will end within a commercially reasonable time after you or Evret remove the Content from the public area and notify Evret. By submitting or posting such Content on areas of the Service that are accessible by the public, you are representing that you are the owner of such material and/or have authorization to distribute it. You understand that in order to provide the Service and make your Content available, Evret may transmit your Content across various public networks, in various media, and modify or change your Content to comply with technical requirements of connecting networks or devices. You agree that the license herein permits Evret to take any such actions.
5.3 YOUR CONDUCT
You will not post content or take any action on the Service that infringes or violates someone else's rights or otherwise violates the law. You agree that you will NOT use the Service to:
- upload, download, post, email, transmit, store or otherwise make available any Content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libellous, abusive, violent, obscene, vulgar, misleading, malicious, discriminatory, invasive of another’s privacy, hateful, pornographic, racially or ethnically offensive, incites violence, contains nudity, graphic or gratuitous violence, or is otherwise objectionable;
- stalk, harass, threaten or harm another;
- pretend to be anyone, or any entity, you are not — you may not impersonate or misrepresent yourself as another person (including celebrities), business, entity, another Evret subscriber, a Evret employee, or a civic or government leader, or otherwise misrepresent your affiliation with a person, business or entity, for any reason (including parody or satire). Evret reserves the right to reject or block any account that could be deemed to be an impersonation or misrepresentation of your identity or business' identity, or a misappropriation of another person or business's name or identity.;
- engage in any copyright infringement or other intellectual property infringement, or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;
- post, send, transmit or otherwise make available any unsolicited or unauthorized email messages, advertising, promotional materials, junk mail, spam, or chain letters, including, without limitation, bulk commercial advertising and informational announcements (spam);
- upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Service (or any part thereof), or any other computer software or hardware;
- interfere with, disrupt, disable, overburden, or impair the proper working or appearance of Evret, such as a denial of service attack or interference with page rendering or other functionality of the Service, or any infrastructure used by the Service, or any policies, requirements or regulations of networks connected to the Service (including any unauthorized access to, use or monitoring of data or traffic thereon);
- plan or engage in any illegal activity;
- gather and store personal information on any other users of the Service to be used in connection with any of the foregoing prohibited activities;
- collect users' content or information, or otherwise access the Service, using automated means (such as harvesting bots, robots, spiders, or scrapers) without Evret’s prior permission;
- engage in unlawful multi-level marketing, such as a pyramid scheme;
- solicit login information or access an account belonging to someone else; or
- facilitate or encourage any violations of this Agreement or Evret’s policies.
5.4 REMOVAL OF CONTENT
You acknowledge that Evret is not responsible or liable in any way for any Content provided by others and has no duty to pre-screen such Content. However, Evret reserves the right at all times to determine whether Content is appropriate and in compliance with this Agreement, and may pre-screen, move, refuse, modify and/or remove Content at any time at Evret's own discretion without prior notice, if such Content is found to be in violation of this Agreement or is otherwise objectionable. If Evret removes your content for infringing someone else's copyright, and you believe Evret removed it by mistake, Evret will provide you with an opportunity to appeal. If you delete Content, it is deleted permanently and no backup will be kept.
5.5 CONTENT SECURITY
Evret makes every effort to ensure the security of your content, but does not guarantee or warrant that any Content you may store or access through the Service will not be subject to inadvertent damage, corruption, loss or appropriation by external parties. You are responsible for backing up, to your own computer or other device, any important documents, images or other Content that you store or access via the Service.
5.6 ACCESS TO YOUR ACCOUNT AND CONTENT
You acknowledge and agree that Evret may access, use, preserve and/or disclose your account information and Content if legally required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to:
- comply with legal process or request;
- enforce this Agreement, including investigation of any potential violation thereof;
- detect, prevent or otherwise address security, fraud or technical issues; or
- protect the rights, property or safety of Evret, its users or the public as required or permitted by law.
5.7 REPORTING CONTENT
If you believe that any Content in which you claim copyright has been infringed by anyone using the Service, please contact Evret via www.evret.com/contact. Evret may, at its sole discretion, suspend and/or terminate accounts of users that are found to be repeat infringers. If while using the Service, you encounter Content you find inappropriate, or otherwise believe to be a violation of this Agreement, you may report it by contacting us.
5.8. LINKS AND THIRD PARTY MATERIAL
Certain Content may include materials from third parties and/or hyperlinks to other web sites, resources or Content. Because Evret may have no control over such third party sites and/or materials, you acknowledge and agree that Evret is not responsible for the availability of such sites or resources, and does not endorse or warrant the accuracy of any such sites or resources, and shall in no way be liable or responsible for any Content, advertising, products or materials on or available from such sites or resources. You further acknowledge and agree that Evret shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such Content, advertising, products or materials on or available from such sites or resources.
6. PROPERTY RIGHTS
Evret and its licensors own all right, title, and interest in the Software and the Service including, but not limited to, all patent, copyright, trade secret, trademark and other intellectual property rights associated therewith, and all title to such rights shall remain solely with Evret and/or its licensors. Unauthorised copying of the Software or related property, or failure to comply with the restrictions of this Agreement, will entitle Evret to terminate this Agreement and all licenses granted hereunder, and will make available to Evret all legal and equitable remedies for breach thereof.
6.2 TRADEMARKS AND COPYRIGHT
Evret, the Evret logo, Evret.com, and other Evret web domains or Evret trademarks, service marks, graphics, and logos used in connection with the Tuesday, 30 June 2015 Page 6 Service are trademarks or registered trademarks of Evret in Australia and/or other countries. You are granted no right or license in any of these trademarks, and further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Service.
6.3 THIRD PARTY TRADEMARKS
Third-party trademarks, trade names, product names, service marks, graphics, and logos contained in or used in connection by the Service are the trademarks or registered trademarks of their respective owners, and the use of such Trademarks shall be to the benefit of the trademark owner. The use of such Trademarks is intended to denote interoperability and does not constitute:
- an affiliation by Evret with such company, or
- an endorsement or approval of such company of Evret and its products or services.
- You are granted no right or license in any of the aforesaid trademarks, and further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Service.
6.4 SOFTWARE AND CONTENT
You acknowledge and agree that Evret and/or its licensors own all legal right, title and interest in and to the Service, and any Software or Content provided by Evret to you as a part of and/or in connection with the Service, including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Service (including the Software, or any other part thereof) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You are not permitted, and cannot permit anyone else to copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to discover the source code (unless expressly permitted or required by law), sell, lease, sublicense, assign, grant a security interest in or otherwise transfer any right in the Software
7. PAYMENTS, REFUNDS AND CANCELLATION
Evret only accepts payments from users when they subscribe to defined networks.
7.2 PAYMENT SECURITY
Evret uses the eWAY Payment Gateway for its online credit card transactions. eWAY is a recognised provider that processes online credit card transactions for thousands of Australian merchants, providing a safe and secure means of collecting payments via the Internet. All online credit card transactions performed on this site using the eWAY gateway are secured payments.
- Payments are fully automated with an immediate response.
- Your complete credit card number cannot be viewed by Evret or any outside party.
- All transactions are performed under 128 Bit SSL Certificate.
- All transaction data is encrypted for storage within eWAY’s bank-grade data centre, further protecting your credit card data.
- eWAY is an authorised third party processor for all the major Australian banks.
- eWAY at no time touches your funds; all monies are directly transferred from your credit card to the merchant account held by Evret.
For more information about eWAY and online credit card payments, please visit www.eWAY.com.au
7.3 ACCESS TO NETWORKS
After confirming your payment on Evret, you will receive a confirmation email from eWAY containing your payment details. eWay will normally confirm receipt of your order within a few minutes of upgrading, and you will have immediate access to any networks or features subscribed to. Payment for access to the a network is provided in advance, and will be provided for the defined period. If you wish to query a payment or ask a question about this or related matters please contact us at www.evret.com/contact.
Refunds will be provided at the discretion of Evret, if there has been a billing error, or if required by law.
You can cancel your subscription to a Network at any time, although you will still be able to access the full suite of Network features until the completion of your current billing period. You will not receive any partial refunds except as required by law.
7.6 INDIRECT COSTS
You may incur indirect costs from using the Service, including, without limitation, Internet access and/or download fees. If you use the Service or the Software on a mobile device while ‘roaming’ these costs can be substantial. You are solely responsible for any such indirect costs.
8. AUSTRALIAN CONSUMER LAW
In certain circumstances, Evret’s supply of the Service or the Software may be subject to nonexcludable consumer guarantees (‘Consumer Guarantees’) under Part 3-2, Division 1 of the Australian Consumer Law (‘ACL’). Evret takes its obligations under any applicable Consumer Guarantees seriously, and to the extent there is any conflict between this Agreement and a Consumer Guarantee or another provision of the ACL, the Consumer Guarantee or provision of the ACL will prevail to the extent of the inconsistency.
9. DISCLAIMER OF WARRANTIES
WHILE USING THE SERVICE OR THE SOFTWARE, YOU ARE RESPONSIBLE FOR AND AGREE TO TAKE ALL PRECAUTIONS AND SAFEGUARDS NECESSARY TO PROTECT YOUR DATA AND SYSTEMS FROM LOSS OR DAMAGE. TO THE EXTENT PERMITTED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE AND THE SOFTWARE IS AT YOUR SOLE RISK AND THE SERVICE AND SOFTWARE IS PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. EVRET AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, EVRET AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT:
- THE SERVICE WILL MEET YOUR REQUIREMENTS;
- YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE;
- ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND
- ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED.
ANY MATERIAL TRANSMITTED, STORED, ACCESSED OR OTHERWISE MAINTAINED THROUGH THE USE OF THE SERVICE IS DONE SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM ANY SUCH USE OF THE SERVICE
YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EVRET OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
10. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITIED BY APPLICABLE LAW, IN NO EVENT WILL EVRET, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, AND EMPLOYEES, ITS SUPPLIERS OR ITS LICENSORS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, COST OF REPLACEMENT OR COVER, OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING FROM THE USE OF THE SERVICE, HOWEVER CAUSED INCLUDING:
- THE USE OR INABILITY TO USE THE SERVICE OR THE SOFTWARE;
- ANY CHANGES MADE TO THE SERVICE OR SOFTWARE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICE OR SOFTWARE OR ANY PART THEREOF;
- THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
- THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE OR SOFTWARE;
- STATEMENTS, ACTIONS, CONTENT, INFORMATION OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; AND
- ANY OTHER MATTER RELATING TO THE SERVICE OR SOFTWARE, UNDER ANY THEORY OF LIABILITY, EVEN IF EVRET HAS BEEN ADVISED OR WHERE EVRET SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
WHERE, BECAUSE OF THE ACL, THE ABOVE LIMITATION OF LIABILITY IS NOT FULLY EFFECTIVE, IF IT CAN BE EVRET’S LIABILITY IS LIMITED TO, IN THE CASE OF GOODS (WITHIN THE MEANING OF THE ACL) SUPPLIED BY EVRET: THE REPLACEMENT, REPAIR, OR SUPPLY OF EQUIVALENT GOODS OR PAYING THE COST OF HAVING THE GOODS REPAIRED, REPLACED OR EQUIVALENT GOODS SUPPLIED (AT EVRET’S OPTION); AND IN THE CASE OF SERVICES (WITHIN THE MEANING OF THE ACL) SUPPLIED BY EVRET: SUPPLYING THE SERVICES AGAIN OR PAYING THE COST OF HAVING THE SERVICES SUPPLIED AGAIN (AT EVRET’S OPTION). IN ALL OTHER CASES, EVRET’S LIABILITY IS LIMITED (IF IT CAN BE) TO REFUNDING THE FEES PAID BY YOU (IF ANY).
You agree to defend, indemnify and hold Evret, its affiliates, subsidiaries, directors, officers, employees, suppliers and licensors harmless from and against all damages, losses, and expenses of any kind (including legal fees and costs on a solicitor and own client basis) that may be made or threatened by a third party, relating to or arising from:
- any Content you submit, post, transmit, or otherwise make available through the Service;
- any Content you may encounter on the Service;
- your use of the Service;
- any violation by you of this Agreement;
- your violation of any rights of another; or
- your conduct on or outside of the Service.
12. TERM AND TERMINATION
This Agreement begins when you first use this Service or on your acceptance of the terms and conditions of this Agreement, and expires upon termination. You may terminate your account and/or stop using the Service at any time. Evret may also terminate this Agreement, the licenses granted hereunder, or suspend all or a portion of your account and/or access to the Service at any time in its sole discretion, with or without cause, by notifying you that the Service has expired or has been terminated. Evret may at any time, under certain circumstances and without prior notice, immediately terminate. Cause for such termination shall include, but not be limited to:
- violations by you of the letter or spirit of the Agreement or any other policies or guidelines that are referenced herein and/or posted on the Service;
- discontinued use of the Service;
- material modification to the Service or any part thereof;
- a request and/or order from law enforcement, a judicial body, or other government agency;
- where provision of the Service to you is or may become unlawful;
- unexpected technical or security issues or problems;
- your participation in fraudulent or illegal activities; or
- exposure of Evret to risk or legal action.
Upon termination, you will lose access to the Service and any portions thereof, including, but not limited to, your Evret account and any content or information stored or published there. Any such termination or suspension shall be made by Evret in its sole discretion, and Evret will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your account and/or access to the Service.
13. GOVERNING LAW
This agreement shall be governed by the laws of Queensland, without regard to its conflicts of laws principles, and you hereby submit to the exclusive jurisdiction of the courts of Queensland in connection with any litigation or dispute arising out of this Agreement. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
14. TERMS SUBJECT TO CHANGE
You acknowledge and agree that Evret may change the terms and conditions of this Agreement from time to time upon reasonable notice to the address you provided upon signup, including to your email address. If you do not agree to such changes in this Agreement, your only remedy is to cease using the Service. You understand and agree that your continued use of the Service after the Agreement has changed constitutes your acceptance of the Agreement as revised.
15. GENERAL CONDITIONS
The terms and any Policies referred to in this Agreement constitute the entire agreement between you and Evret and govern your use of the Service. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. You may not assign or otherwise transfer any rights or obligations under this Agreement without Evret's prior written consent. If any portion of this Agreement is held invalid or unenforceable, then that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties; that portion shall be revised solely to the extent necessary to cure the invalidity or unenforceability; and the remainder of this Agreement shall continue in full force and effect. The failure of Evret to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that any claim or cause of action arising out of or related to this Agreement or the use of the Service or the Software must be filed within one (1) year after the cause of action arose or be forever barred. The following Sections of this Agreement shall survive the expiration or termination of this Agreement and/or your use of this service: 3 LICENSING, 6 PROPRIETARY RIGHTS, 8 DISCLAIMER OF WARRANTIES, 10 LIMITATION OF LIABILITY, 11 INDEMNITY, 12 TERM AND TERMINATION, 13 GOVERNING LAW, and 15 GENERAL CONDITIONS.