Terms of Service Agreement
Effective Date: September 1, 2016
YOU UNDERSTAND THAT BY USING THE SITE OR SERVICE AFTER THE EFFECTIVE DATE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MUST NOT ACCESS OR USE THE SITE OR THE SERVICE AFTER THE EFFECTIVE DATE. YOU AFFIRM THAT YOU ARE MORE THAN 18 YEARS OF AGE, ARE COMPETENT TO ENTER INTO THIS AGREEMENT, AND HAVE READ AND UNDERSTOOD IT IN ITS ENTIRETY. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF AN ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY TO THE TERMS OF THIS AGREEMENT. IN THAT EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO THAT ENTITY.
(a) “Content” means any communications, information, images, audiovisual works, articles, guidance, data, documents, reviews, questions, answers, software, designs, features, or other materials made available by us through the Site or in connection with the Service, regardless of origin. “Content” includes User Content.
(b) “Failing Review” means a finding by a Reviewing Attorney that a Network Attorney’s Work Product does not meet our Review Quality Standard.
(c) “Network Attorney” means a legal professional that a User identifies or connects with through the Site or Service.
(d) “Passing Review” means a finding by a Reviewing Attorney that a Network Attorney’s Work Product meets our Review Quality Standard.
(e) “Representatives” means, with respect to a party, its parents, subsidiaries, partners, affiliates, directors, officers, employees, contractors, consultants, advisors (with respect to Supervetted, including its Reviewing Attorneys), and agents.
(f) “Representation Information” means information concerning a Network Attorney’s representation of a User submitted by or on behalf of a User.
(g) “Review Quality Standard” means that a Reviewing Attorney inspecting a Network Attorney’s Work Product during a limited amount of time has not identified any material legal defects, as determined by such Reviewing Attorney.
(h) “Reviewing Attorney” means our legal consultant retained by us to review the Work Product of a Network Attorney on our behalf.
(i) “Service Fee” means the fee Users agree to pay us in connection with amounts billed by Network Attorneys they hire.
(j) “User” means an individual or company using the Site or Service.
(k) “User Content” means any communications, information, images, audiovisual works, articles, guidance, data, documents, reviews, questions, answers, or other materials, submitted by a User. “User Content” excludes Representation Information.
(l) “Work Product” means a specific document or other deliverable prepared by a Network Attorney on behalf of a User.
In this Agreement, “including” means “including, but not limited to”.
- Nature of Service
(a) Service Basics. Supervetted is a platform that connects Users to Network Attorneys. In order to help us maintain the quality of Network Attorneys we keep on our platform, Users share their Representation Information with our Reviewing Attorneys who provide us with limited feedback which we may share with other Users.
(b) No Attorney-Client Relationship. Supervetted is not a law firm and does not offer legal representation or legal advice of any kind. No attorney-client relationship is ever formed between you and Supervetted. Network Attorneys and Reviewing Attorneys are not employees or agents of Supervetted. We do not share fees for legal services with Network Attorneys. Supervetted may not be held liable for any actions or omissions of Network Attorneys. You understand that, although your direct communications with Network Attorneys may be protected by attorney-client privilege and a duty of confidentiality, any communications with or through Supervetted or our Representatives may not to be. Any Content you may encounter on the Site is not legal advice and is not intended to and does not create an attorney-client relationship even if provided by a legal practitioner.
(c) Not a Referral Service. Supervetted is not an attorney referral service and does not ever refer lawyers to you. Although we may express views regarding the quality of certain attorneys on our platform and any reasons for those views, selecting an attorney is an individual decision that you agree to make yourself based on your own standards and research. We do not endorse any particular Network Attorneys or Reviewing Attorneys or make any warranties or representations as to their competence, their experience, their right to practice law in a particular jurisdiction, the sufficiency of their professional liability insurance, their rates, or their availability. Although we require Network Attorneys to provide such information, we do not guarantee that this information is accurate or current and Supervetted may not be held liable for any inaccuracies. You alone are responsible for conducting your own research and choosing to hire any particular attorney, whether through Supervetted or elsewhere.
(d) Request Process. If you submit a request through the Site for us to connect you to an attorney on our platform with particular experience or in a particular geographic region, our response may include the profiles, including estimated rates or fees, of one or more Network Attorneys who may be relevant, noting whether such Network Attorneys have completed any Work Product that was reviewed by our Reviewing Attorneys, or inform you that we have not been able to find any such Network Attorneys. You may contact any Network Attorneys whose profiles we provide to you to schedule a free initial consultation. You will inform any such Network Attorney you contact that you are a Supervetted User and provide accurate contact information. You acknowledge that the fee structure or fee estimate actually proposed by a Network Attorney may be different from the estimates we provide to you prior to your consultation depending on the nature of your legal matter, and that any Network Attorney may decline to provide legal services to you. You agree to inform us regarding the status of your hiring through Supervetted upon our request and you authorize any Network Attorney you contact to do so on your behalf.
(a) Reviewing Attorneys. Reviewing Attorneys are legal consultants that we hire to review the Work Product of Network Attorneys for our benefit and do not have any legal duty to you. No attorney-client relationship is ever formed between you and any Reviewing Attorneys featured on the Site or the Service, including those that review the work of a Network Attorney you hire. Except as required by any applicable law, regulation, or rule of legal ethics, (i) Reviewing Attorneys are not expected to correct or notify Users of any perceived problems contained in Representation Information, provide any legal advice, or communicate with Users, including Users who have hired Network Attorneys, and (ii) no Reviewing Attorney will have any such obligations to you. You will not hold Supervetted or any Reviewing Attorneys liable for any failure to detect flaws in your Network Attorney’s representation of you, to disclose to you or your Network Attorney any detected flaws or feedback, or to communicate with you or your Network Attorney for any reason, or for any liability, loss, or damage arising from such action or inaction. We may, in our sole discretion, keep any feedback from our Reviewing Attorneys entirely secret from you, including any Passing Reviews and Failing Reviews.
(b) Passing Reviews. If a Reviewing Attorney conducts a review of a particular Network Attorney’s Work Product and makes a Passing Review, we may, at our sole discretion, post on the Site and communicate through the Service details or edited excerpts of any feedback in order to help visitors understand why we have chosen to keep a particular Network Attorney on our platform. In doing so, we may describe features of the Work Product subject to review and identify the pertinent Network Attorney and Reviewing Attorney, but we will not directly identify any parties to the legal matter without the consent of the User on whose behalf the Work Product was generated. Network Attorneys that have not completed any Work Product that was submitted to us will not have any Passing Reviews listed on their profiles. A Passing Review pertains only to the specific Work Product we selected for review and is not indicative of an absence of legal defects, as it is based on a brief and narrow inspection using limited Representation Information and assessed according to our Review Quality Standard. Network Attorneys are solely responsible for their own work and you should not interpret a Passing Review of specific Work Product as an assurance of its quality. Neither Reviewing Attorneys nor Supervetted make any representations as to the skills or qualifications of specific Network Attorneys and neither will be held liable for any Network Attorney’s acts or omissions. Although we believe that multiple Passing Reviews can serve as an indication of a Network Attorney’s competence, you are solely responsible for making your own decision in hiring an attorney after conducting your own research. Prior results do not guarantee a similar outcome.
(c) Failing Reviews. In the event that our Reviewing Attorneys make a Failing Review of your Network Attorney’s Work Product, (i) neither you, nor your Network Attorney will be entitled to receive any notice or disclosure related to the existence or details thereof from either Supervetted or our Reviewing Attorneys and (ii) except as required by applicable law, regulation, or rule of legal ethics, we will hold in strict confidence and not disclose to any third party (“third party” excludes you, your Network Attorney, us, and our Representatives) the existence and details of any such Failing Review. We may remove from the Site and Service or otherwise hide from Users any Network Attorneys that generate Work Product that receives a Failing Review. However, you should not infer the existence or absence of a Failing Review or a Passing Review from a particular Network Attorney’s participation in or departure from our Service, any request for Representation Information, or any other circumstances.
- Network Attorney Fees. We require each Network Attorney to discount their usual and customary rates by 25% for legal services performed for our Users. If you choose to hire a Network Attorney, you and your Network Attorney will enter into a separate agreement outlining your legal fees, to which Supervetted will not be a party.
- Our Fees. Our 20% Service Fee is based on post-discount Network Attorney rates, yielding you a net savings of 10% compared to Network Attorneys’ reported pre-discount rates. You agree to pay our Service Fee, equal to twenty percent (20%) of any legal fees you are billed by your Network Attorney, on the earliest of (a) the date any legal fees to your Network Attorney are due and (b) thirty one (31) days following the date your Network Attorney submits any legal bill or invoice to you. You will provide to us a valid credit or debit card, or other payment method that we accept and pay the Service Fee using this method. You will ensure that your payment method remains current and valid, updating any information as necessary. You hereby authorize us and our third party payment processor (and any future payment processor we may, in our sole discretion, contract with) to run credit card authorizations on, to store, and to charge any Service Fee due to us to any payment method you provide. We may request that you to receive all legal bills or invoices from your Network Attorney and submit all payments to both us and your Network Attorney through our internal invoicing and payment system, and you agree to do so. You agree to continue to pay us a Service Fee for any legal work performed for you or your company by your Network Attorney within three (3) years of the date we first provided the Network Attorney’s profile to you and you agree to promptly notify us of any bills or invoices you receive for any such work. If you or your company hire your Network Attorney as an employee within three (3) years of the commencement of your attorney-client relationship with your Network Attorney, you will pay us a placement fee of $25,000 within thirty one (31) days of the date such employment commences, which will end your obligation to pay us a Service Fee with respect to any future work performed by that Network Attorney.
- Communication Authorization. You hereby authorize any Network Attorney that appears on a list we have provided to you to inform us regarding the status of any consultation and the signing of any retainer agreement you may enter into. Independently of the authorizations pertaining to Representation Information in Section 3, you also authorize any Network Attorney you hire to inform us of the status of your representation and billing, to share with us any contact information you provide, and to assist us in communicating with you upon our request.
- Electronic Communication with You. You consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically via email to the email address you have provided to us or via posting on the Site, satisfy any legal requirement that such communications be in writing. Such communications will be deemed effective when sent or posted.
- Written Notice to Us. All notices to us under this agreement must be in writing and will be deemed effective (a) when delivered if delivered by a means evidenced by a delivery receipt to the following address: ATTN: Legal, 122 E 13th. St., Ste. LLB, New York, NY 10003; or (b) when a reply confirming receipt is received (that is not automatically generated) if in writing via email to firstname.lastname@example.org.
- Use of Site and Service.
(a) Content. Supervetted, supervetted.com, and all other trademarks that are displayed on the Site or through the Service may be registered or common law trademarks or service marks of Supervetted or third-party licensors. We retain ownership of all our intellectual property, including copyrights, patents and trademarks, as well as other proprietary rights. Subject to compliance with this Agreement, we grant authorized Users a limited, nonexclusive, nontransferable, nonsublicensable, terminable license to access and use the Site and Service for the specific uses outlined in this Agreement, including submission of or access to any Content. Except as expressly authorized by us, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of any Content. Except as expressly stated in this Agreement, nothing in this Agreement grants any right or license under any of our or any third party’s patents, copyrights, trade secrets, trademarks or any other rights.
(b) Changes to the Site and Service. We may modify, update, suspend or discontinue the Site and Service, in whole or in part, or terminate your account or access to the Site or Service, at our sole discretion, for any or no reason, at any time and with or without notice. We will not be liable to you for any such modification, update, suspension or discontinuance, or termination.
(c) Third Party Sites. The Site and Service may include links to third party websites that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, we will not and cannot censor or edit the content of any third party site. By using the Site and Service, you expressly relieve us from any and all liability arising from your use of any third party website.
(e) Accounts. In order to access some features of the Service, you may be required to create a Supervetted account. You may never use another’s account without permission. When creating your account, you agree to provide accurate and complete information, including your name, location, and contact information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Supervetted or others due to such unauthorized use.
- User Conduct. As a condition of your use of the Site and Service as set forth in this Agreement, you agree not to use the Site and Service for any purpose that is unlawful or prohibited by this Agreement, or any other purpose not reasonably intended by Supervetted. By way of example, and not as a limitation, you agree not to:
(a) intentionally or unintentionally violate this Agreement, any other applicable agreements with us, and any applicable local, state, national or international law, and any rules and regulations having the force of law;
(b) use the Site or Service in any manner that violates any relevant law or that infringes, misappropriates or violates any third party’s rights, including submitting any User Content that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
(c) use the Site, Service or Content for any purposes not authorized by this Agreement, including copying, reproducing, aggregating, or selling Content;
(d) request to connect to Network Attorneys through the Site or Service without a good faith intention to consider hiring a Network Attorney through the Service and pursuant to this Agreement;
(e) harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Supervetted;
(f) knowingly provide or submit false or misleading information;
(g) use the Site or Service if you are under the age of eighteen (18);
(h) use the Site or Service in any way that could interfere with the rights of Supervetted or the rights of other Users of the Site or Service;
(i) sell, share, or otherwise transfer your account username, password, other information, or your rights or obligations under this Agreement;
(j) engage in any activity that is likely or intended to damage or interfere with the Site or Service;
(k) attempt to gain unauthorized access to the Site or Service, other user accounts, or other computer systems or networks connected to the Site or Service;
(l) access, download, monitor, or copy any information contained on the Site or Service through artificial or automated means or to obtain or attempt to obtain any Content through any means not purposely made available through the Site or Service; or
(m) scan or test the vulnerability of the Site or Service or any network connected to the Site or Service, or breach the security or authentication measures on the Site or Service or any network connected thereto. You may not reverse look-up, trace or seek to trace any information on any other User of the Site or Service or exploit the Site or Service or any service or information made available or offered by or through the Site or Service, in any way where the purpose is to reveal any information, including personal identification or information except as expressly authorized by us or provided for by the Site or Service;
- Digital Millennium Copyright Act.
(a) If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) 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;
(iii) 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 the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) 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
(vi) 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.
Our designated Copyright Agent to receive notifications of claimed infringement is:
122 E 13th St., Suite LLB
New York, NY 10003
You acknowledge that if you fail to comply with all of the requirements of this Section, your notice under this Section may not be valid.
(b) Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
(i) Your physical or electronic signature;
(ii) Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
(iii) A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
(iv) Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in New York, NY, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the service provider, member or User, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
- DISCLAIMER OF WARRANTIES. THE SITE AND SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE”. WE AND OUR REPRESENTATIVES MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE SITE AND SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR REPRESENTATIVES DISCLAIM ALL EXPRESS AND IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING THE WARRANTIES OF MERCHANTABILITY, ACCURACY, SECURITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.SPECIFICALLY, WE AND OUR REPRESENTATIVES MAKE NO REPRESENTATION OR WARRANTY THAT THE INFORMATION PROVIDED THROUGH THE SERVICE IS ACCURATE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE SECURE OR UNINTERRUPTED; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; OR THAT THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME FULL RESPONSIBILITY AND RISK OF YOUR USE OF THE SERVICE.SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO TO THAT EXTENT, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- LIMITATION OF LIABILITY. SUPERVETTED AND OUR REPRESENTATIVES WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICE UNDER THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SUPERVETTED AND OUR REPRESENTATIVES BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ANY OTHER LOSS, INJURY, CLAIM, LIABILITY, JUDGMENT, OR DAMAGE, OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY, ARISING IN CONNECTION WITH:(a) your use of or inability to use the Site or Service, including as a result of any (i) termination or suspension of this Agreement or use of or access to the Site or Service, or (ii) any unanticipated or unscheduled downtime of, or our discontinuation of any part of or the entire Site or Service, for any reason;(b) any investments, expenditures, or commitments by you in connection with this Agreement or your use of or access to the Site or Service;
(c) any unauthorized access to, alteration of, or the deletion, destruction, damage, loss or failure to store any of your User Content or other data;
(d) any glitches, bugs, errors, inaccuracies, viruses or other malicious software accessible through the Site or Service;
(e) the use, disclosure, or display of your User Content;
(f) any interactions with Supervetted, our Representatives, Network Attorneys, or any other User or third party;
(g) your use of or reliance on the accuracy or reliability of User Content or any Content, whether generated by Supervetted, Network Attorneys, Reviewing Attorneys, or any other third party; or
(h) any person’s legal representation of you.
In any case, our and our Representatives’ aggregate liability under this agreement will be limited to the greater of: (a) $300 and (b) the aggregate amount of any Service Fees you paid to us under this Agreement during the four (4) months preceding the most recent claim of liability.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW FOR THE FOREGOING EXCLUSIONS AND LIMITATIONS, SO TO THAT EXTENT, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. YOU ACKNOWLEDGE AND AGREE THAT SUPERVETTED HAS OFFERED ITS SERVICE, SET ITS PRICES, AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND SUPERVETTED, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND SUPERVETTED.
- Waiver and Release. You recognize that we and our Representatives are not a party to any legal relationship between you and any attorney. You release us and our Representatives from any liability arising from any claims related to legal services you obtain through your use of the Site or Service or your inability to obtain legal services, including any disputes regarding the performance, functions, quality, conflicts of interest of, or alleged legal malpractice or ethical violations by, any attorney or other person you connect with through the Site or Service.
- Indemnification. You agree to indemnify, defend and hold us, our Representatives, and their respective Representatives harmless from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, relating to or arising out of your use of the Site or Service, any violation of this Agreement by you, or any User Content you submit. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
(a) You may terminate this Agreement by sending us a notice of termination. Termination of this Agreement has no effect on any attorney-client relationship you may have formed with Network Attorneys, including contractual and ethical obligations.
(b) We may terminate this Agreement and your access to the Site or Service at any time, with or without cause, at our sole discretion, with or without notice, effective immediately.
(c) Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination, including Sections 5, 6, 9(d), 12, 13, 14, and 15.
- Assignment. You may not assign this Agreement, or any of your rights, licenses, or obligations hereunder, without our prior written consent. We may freely assign this Agreement or our rights, licenses, or obligations hereunder, without restriction. Any attempted assignment or transfer in violation of this section will be null and void. Subject to the foregoing restrictions, this Agreement will inure to the benefit of the successors and permitted assigns of the parties.
- Claims. YOU AND SUPERVETTED AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
- General. The parties hereto (i) agree that this Agreement will be governed by the laws of the State of New York, without respect to its conflict of laws principles and (ii) irrevocably and exclusively submit to the jurisdiction of the courts of the State of New York and of the United States of America located in the Borough of Manhattan in the State of New York for any actions, suits or proceedings based upon, arising out of or related to this Agreement. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. Any waiver by us of any provision of this Agreement will be effective only if in writing and signed by Supervetted. The section and paragraph headings in this Agreement are for convenience only and do not affect their interpretation. Even though we drafted this Agreement, you represent that you had ample time to review and decide whether to agree to its terms.
- Modifications. We may, at our sole discretion, modify or revise this Agreement and policies at any time, and you agree to be bound by such modifications or revisions. Although we may attempt to notify you when major changes are made to this Agreement, you are responsible for periodically reviewing the most up-to-date version.