Terms and Conditions
Last update: May 18, 2021
Massive Bio is a data analytics firm that provides a medical second opinion and clinical trial matching by evaluating a cancer patient’s existing clinical information, leveraging our proprietary artificial intelligence platform and providing consulting services to patients oncologists by identifying and explaining treatment options that best fit the patient’s genomic profile, treatment objectives, and resources (collectively, the “Services”).
1. The Solutions and our Services are designed to comply with the laws and regulations of the United States (the “U.S.”). Although accessible by people in other countries, the Solutions and Services are intended for access and use by U.S. residents only. The Company makes no representation that the Services are appropriate for use in any other jurisdiction. If you choose to access the Solutions from other locations, you do so upon your own initiative and are responsible for compliance with applicable local laws and regulations.
2. You acknowledge that you are 18 years of age or older. Those under the age of 18 are not allowed to visit or otherwise use the Solutions on their own behalf, and we do not knowingly collect information from such persons.
1. The information provided on the Solutions is for informational or educational purposes only. Massive Bio is not engaged in rendering medical services via the Solutions, and the information provided is not a substitute for the professional judgment of a health care professional who physically examines, diagnoses and treats patients. You should consult a physician or other medical professional for advice regarding any medical condition or treatment thereof. We serve a supporting role for your primary physician or oncologist.
2. Your reliance upon any content or information provided on the Solutions and in the Services is solely at your own risk. the Solutions may not be up to date or may not accurately represent the complete breadth and details of oncology treatment options or patient assistance program options. There may be local programs or recently updated national programs which are not represented on the Solutions. You should not construe Company’s publication of any such content as an endorsement by Company of the views expressed in it, or any warranty or guarantee of any strategy, recommendation, treatment, action, or application of medication or preparation made by the author of the content.
3. Massive Bio is a data analytics firm that evaluates existing clinical information and data. Massive Bio is not a health care provider, and no patient-provider relationship is established by your request for Services from Massive Bio. Massive Bio will not physically observe or examine you, test your blood or tissue samples, or take any anatomical images for either diagnostic or therapeutic purposes.
4. Massive Bio is not practicing medicine and is not licensed, registered, certified, and/or otherwise qualified to practice medicine or deliver medical services in any state.
5. Massive Bio assumes that the clinical information and data about you furnished by your health care providers are accurate and complete. Massive Bio is neither responsible nor liable to anyone for any incorrect or incomplete reporting to you or your primary oncologist as a result of inaccurate, incomplete, or unreadable clinical information or data that Massive Bio received from your health care providers.
6. Massive Bio disclaims all express and implied warranties, including implied warranties of merchantability and fitness for a particular purpose. Massive Bio does not make any representations regarding accuracy, completeness, or reliability of its report.
7. Massive Bio will issue its report to you or your primary oncologist. Your primary oncologist in his/her sole discretion may choose to use or not use Massive Bio’s report.
8. After an initial review of your clinical information and data, Massive Bio may decline to process your request, and return your payment if Massive Bio concludes in its sole discretion that its services would not be useful to you or your primary oncologist.
9. Massive Bio grants nonexclusive, worldwide, and perpetual license to perform, display, and use Mobile Apps on the Device.
3. Modification of these Terms and the Solutions
You are responsible for regularly reviewing these Terms. Company has the right, but not the obligation, to correct any errors or omissions in any portion of the Solutions, the Services and these Terms. Company reserves the right, at its sole discretion, to change, modify, add, remove or terminate any portion of the Solutions, the Services and these Terms, in whole or in part, at any time, without prior notice. All changes to these Terms are effective immediately upon being posted to the Solutions. Your continued use of the Solutions or Services following any changes to these Terms will mean you accept these changes.
4. Restrictions on Solutions Use
You may not access or use, or attempt to access or use, the Solutions or Services to take any action that could harm us or any third party, interfere with the operation of the Solutions, or use the Solutions in a manner that violates any laws. Without limiting the foregoing, you agree not to:
1. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity or the origin of any information you provide;
2. Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Solutions, the Services or any activity conducted on the Solutions or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
3. Circumvent, reverse engineer, decipher, decompile, disassemble, decrypt, or otherwise alter or interfere with (or attempt, encourage, or support anyone else’s attempt to engage in such activities) any of the software comprising or in any way making up a part of the Service. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited;
4. Engage in unauthorized use of bots, spiders, scraping, or harvesting of content or information, or use any other unauthorized automated means to compile information;
5. Obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Service;
6. Take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
7. Upload or otherwise transmit any communication, software, or material that infringes the rights of third parties, contains a virus or is otherwise harmful to our users’ computers or systems; or
8. Engage in any other conduct that restricts or inhibits any person from using or enjoying the Service, or that, in our sole judgement, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type.
Violations of system or network security and certain other conduct may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms. We may suspend or terminate your access to the Solutions for any or no reason at any time without notice.
5. Information Disclosure
1. Disclosure under Law. Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, including personally identifiable information, or to edit, refuse to allow or to remove any information or materials, in whole or in part, in Company’s sole discretion.
2. Providing Correct Personal Information. In the course of using the Solutions, you may be required to enter certain information, including without limitation personal information (collectively, “Information”). You represent and warrant that you will provide Company with full, true and correct Information, and to update such Information on the Solutions promptly as reasonably necessary and as required by the Solutions.
There are two types of Materials you may submit: ( “Account Materials” that relate to you and your health information that are uploaded for purposes of accessing the Services, including applying for a patient, applying for reimbursement, or making a donation, and (“General Materials” such as comments or feedback you submit to the Solutions.
1. Account Materials. You must register on the Solutions to apply for Services by creating a user profile. When you register, you agree to provide accurate, current and complete information about yourself as requested or directed on the Solutions and to promptly update this information to maintain its accuracy. Company has the right to suspend or terminate any account or other registration and to refuse any and all current or future use of the Solutions if it suspects that such information is inaccurate or incomplete. You are responsible for maintaining the confidentiality of any password and username that you are given or select in connection with the Service, and you are responsible for all activities that occur under your password or account.
2. General Materials. If you submit information or materials to us (including without limitation ideas, know-how, concepts, techniques, feedback, data, questions, comments, suggestions, strategies, artwork, statistics, graphs, processes, plans, freeware, scripts, code or vulnerabilities), you grant Company an unrestricted, perpetual, irrevocable, royalty free, worldwide, transferable and sublicenseable license to use in any way for any commercial or non-commercial purpose, including without limitation the right to reproduce, copy, display (publicly or otherwise), perform (publicly or otherwise), modify, transmit, distribute, edit, reformat, translate, and make derivative works from those materials or information. You understand that you will not be compensated or credited for any such use. You agree that you shall have no recourse against Company or any right to license fees or royalties for any alleged or actual infringement or misappropriation of any property included in your communications to us.
3. Your Responsibility for Materials and Company’s Monitoring Rights. You will be responsible for your own Materials and the consequences of transmitting those Materials. Company has no obligation to monitor you or any other user’s use of the Solutions. Company reserves the right to review and monitor your use of the Solutions, including without limitation your use of any user ID and/or password in accessing the Solutions and any Materials Submitted to or revised on the Solutions, and to remove any Materials that Company believes in its sole discretion violate these Terms. Company reserves the right to restrict or terminate your access to the Solutions, including, without limitation, your access to any or all of the services provided thereunder or your ability to use any Website user ID and/or password, at any time without notice if we believe you have violated these Terms or are likely to violate these Terms. Your sole remedy against Company in the event of a dispute arising out of these Terms, the Solutions or your use thereof, is to terminate these Terms by ceasing your use of the Solutions. In the event of termination of these Terms, Company may delete and/or store, in its discretion, Materials and data associated with your use of the Solutions. Company may also change, suspend, or discontinue any aspect of the publicly available portion of the Solutions at any time, including the availability of any Website feature, database, or content. With regard to the password-protected portion of the Solutions, Company will provide you with thirty (30) days notice prior to materially changing, suspending or discontinuing any aspect of this portion of the Solutions.
7. Your Account
1. Security of Account and Password. In the event you establish an account and receive or establish a password for such account, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You accept full responsibility and liability for all activities that occur under your account or password. Company reserves the right to refuse service, terminate accounts, or remove content in its sole discretion.
2. Notification of Unauthorized Use/Ceasing Access. You shall notify Company immediately of any unauthorized use or threat of unauthorized use of your account or the Solutions or of any other breach or potential breach of security known to you with respect to your account or the Solutions, including without limitation any loss or compromise of any password, and will cooperate with Company in every reasonable way to help Company prevent the further unauthorized use, threat of unauthorized use, disclosure or threat of disclosure regarding the Solutions, your account and/or your password. You agree that immediately upon termination of your right to use the Solutions or any password-protected portion of the Solutions, or upon any earlier demand by Company at any time, you will cease all access and/or use of the Solutions or such password protected portion of the Solutions, and will not attempt to access and/or use same.
8. User Representations and Warranties
2. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES. YOU AGREE THAT YOUR USE OF the Solutions IS AT YOUR OWN RISK. EFFORTS BY COMPANY TO MODIFY the Solutions SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS. the Solutions, INCLUDING ALL CONTENT, INFORMATION OR SERVICES PROVIDED THROUGH, OR IN CONJUNCTION WITH, the Solutions, IS PROVIDED “AS IS,” AS A CONVENIENCE TO ALL USERS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND TO YOU OR ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES (1) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (2) OF INFORMATIONAL CONTENT OR ACCURACY, (3) OF NON-INFRINGEMENT, (4) OF QUIET ENJOYMENT, (5) OF TITLE, (6) THAT the Solutions WILL OPERATE IN AN ERROR FREE, TIMELY, SECURE, OR UNINTERRUPTED MANNER, IS CURRENT AND UP TO DATE AND ACCURATELY DESCRIBES COMPANY’S PRODUCTS AND SERVICES, OR IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (7) THAT ANY DEFECTS OR ERRORS IN the Solutions WILL BE CORRECTED, OR (8) THAT the Solutions IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM
3. DISCLAIMER OF LIABILITY. IN NO EVENT SHALL COMPANY AND ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, INTERNAL OPERATING UNITS, AFFILIATES, SUBSIDIARIES, SUBLICENSEES, SUCCESSORS AND ASSIGNS, INDEPENDENT CONTRACTORS, AND RELATED PARTIES (COLLECTIVELY, WITH COMPANY, THE “COMPANY ENTITIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF the Solutions OR WITH THE DELAY OR INABILITY TO USE SAME, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH the Solutions, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH OR VIEWED ON the Solutions, OR OTHERWISE ARISING OUT OF THE USE OF SAME, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, REGULATION, COMMON LAW PRECEDENT OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF SUCH DAMAGES RESULT FROM COMPANY’S NEGLIGENCE OR GROSS NEGLIGENCE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, LIABILITY OF COMPANY ENTITIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. ADDITIONAL DISCLAIMERS APPEAR WITHIN THE BODY OF the Solutions AND ARE INCORPORATED HEREIN BY REFERENCE. TO THE EXTENT ANY SUCH DISCLAIMERS PLACE GREATER RESTRICTIONS ON YOUR USE OF the Solutions OR THE MATERIAL CONTAINED THEREIN, SUCH GREATER RESTRICTIONS SHALL APPLY. THIS INDEMNIFICATION SHALL APPLY TO THIRD PARTY CLAIMS AS WELL AS CLAIMS BETWEEN THE PARTIES.
1. If the person who is receiving Massive Bio’s services makes the payment for the services but passes away before Massive Bio receives medical records, the family member of the the client is entitled to a full refund. If needed, a faxed or scanned soft copy of the death certificate and proof of document relating to the client will be sent to Massive Bio. After 30 days of Massive Bio’s initial request for documentation, the patient or family is no longer entitled to a refund.
2. Once medical records are collected by Massive Bio, no refunds will be issued to the patient. If medical records are not obtained within 30 consecutive days after the payment was received by Massive Bio, the client may request a full refund.
3. Once the analysis report is delivered to the requestor, he/she is no longer entitled to a refund. Should the patient succumb to his/her illness pre- or post- delivery of the analysis, no refunds will be given.
4. No other refund requests will be accepted if the patient does not fall under one of the previous categories.
You will indemnify, defend (or settle) and hold harmless Company Entities from all claims, actions, proceedings, losses, settlements, judgments, liabilities, suits, damages, disputes or demands, including without limitation any proceeding, investigation or claim by a self-regulatory organization, state or federal securities agency or commission, and including reasonable attorneys fees and all other costs, fees, and expenses (collectively, “Claims”) against any of Company Entities to the fullest extent permitted by law arising out of or in connection with (1) your conduct, provision of content or use of the Solutions, or such actions by any third party through you, (2) your violation of the rights of another person or party, (3) any Materials provided or made available by you, and (4) any breach or violation by you of your obligations under these Terms, including without limitation any breach of your representations and warranties herein. You will not settle any indemnified claim without the prior written consent of Company, such consent not to be unreasonably withheld. In connection with any Claims that may give rise to your indemnification obligations as set forth above, Company Entities shall have the exclusive right, at their option, to defend, compromise and/or settle the suit, action or proceeding, and you shall be bound by the determination of any suit, action or proceeding so defended or any compromise or settlement so effected. The remedies provided in this Section are not exclusive of and do not limit any other remedies that may be available to Company Entities pursuant to this Section.
You acknowledge that by use of portions of the Solutions, you may use and you may acquire Company Confidential Information. As used herein, “Confidential Information” means all confidential and/or proprietary information and trade secrets of Company, whether or not memorialized, and in any form or media, regarding Company or Company’s business, including without limitation those relating to Company’s intellectual property, technology, research and development, systems, software, business plans, business operations, strategies, financial information, technical information, customers, customer lists, suppliers, operating policies and procedures, and any third-party information that Company is required to keep confidential where such information is not generally accessible without a password. “Confidential Information” includes any account passwords. You shall not at any time, directly or indirectly, for any purpose, use, copy or disclose to any other person or entity any Confidential Information, or permit others to do so, other than for the purposes expressly allowed hereunder. Company may seek and obtain injunctive relief against the release or threatened release of Confidential Information, in addition to any other available legal remedies. You shall notify Company immediately if you learn of any unauthorized possession or use of the Confidential Information and will promptly furnish all details of such possession or use to Company.
12. Copyright and Other Intellectual Property
1. Website Ownership. the Solutions and all content, organization, graphics, design, compilation, translation, and other matters related to the Solutions (collectively, “Content”) are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights pursuant to international conventions and U.S. and other laws. the Solutions and all Content is the property of Company and/or third party licensors, and all right, title and interest in and to the Solutions and Content will remain with Company or such third party licensors. Other product and company names mentioned herein may be the trademarks of their respective owners. You do not acquire ownership rights to the Solutions or any Content other than any rights in the Materials that you may have. You will abide by any and all additional copyright notices, information, or restrictions contained in any Content. You will not modify, adapt, translate, reverse engineer, decompile, or disassemble the Solutions or any Website content. You may only use the Solutions and the Content as expressly permitted herein, and any other use is prohibited. Any copying, republication, or redistribution of the Solutions or Website content, including by caching, framing, or similar means, is expressly prohibited without the prior written consent of Company and/or the respective intellectual property rights holder identified in the subject content, which consent to be granted or withheld at the sole discretion of the rights holder.
2. Copyright Infringement Claims. Company respects the intellectual property rights of others and expects our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Company’s Designated Copyright Agent, identified below, with all information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, summarized as follows: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online Website are covered by a single notification, a representative list of such works at that Website; (3) 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 us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party; (5) a statement that the complaining party has 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; (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and (7) any other materials or information as may be required under the DMCA as amended from time to time or by the U.S. Copyright Office.
3. Copyright Agent. Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to Company Designated Copyright Agent using the following contact information: Massive Bio Designated Copyright Agent: Email: firstname.lastname@example.org Address: Massive Bio, Inc. 90 West St. #12M New York, NY 10006
ALL INQUIRIES TO THE COPYRIGHT AGENT NOT RELATED TO A COPYRIGHT INFRINGEMENT CLAIM WILL RECEIVE NO RESPONSE.
13. Dispute Resolution (Arbitration Clause)
1. Binding Arbitration. You and Company each agree to submit to binding arbitration in the event of a dispute, controversy or claim (each, a “Dispute”) arising out of or in connection with these Terms or the breach, termination, enforcement, interpretation or validity thereof (including the determination of the scope or applicability of these Terms to arbitrate), your or Company’s rights and obligations under these Terms, the Solutions, the use of the Solutions, and/or the information, services and/or products that may be provided by or through or in connection with the Solutions. The arbitration will be held in New York City, New York before one arbitrator on an individual basis and not as a class action. You expressly waive any right you may have to arbitrate a dispute as a class action. You also expressly waive your right to a jury trial. The arbitration will be administered by JAMS (http://www.jamsadr.com). You may obtain a copy of the rules of JAMS by contacting the organization. You and Company shall agree on one arbitrator to conduct the arbitration. In the event the parties cannot agree on an arbitrator, the arbitrator will be selected in accordance with the JAMS rules. Each party shall be responsible for its own attorney, expert and other fees, unless such fees are awarded by the arbitrator to the prevailing party. Notwithstanding anything to the contrary in this Section, to the extent you have in any manner violated or threatened to violate Company’s intellectual property rights, Company may seek (and you will not contest) injunctive or other appropriate relief in any state or federal court in New York City, New York, and you consent to exclusive jurisdiction and venue in such courts.
2. Arbitration Final. The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state law concerning arbitration, governs all arbitration under this clause. Any court having jurisdiction may enter judgment on the arbitrator’s award. If any part of this clause, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable. Notwithstanding anything to the contrary contained herein, if the waiver of class action rights contained herein is not enforceable as to any person or persons, such non-enforceability shall apply to such person or persons only, and all other persons shall continue to be governed by the Arbitration Clause.
3. Giving Up Right of Class Action. These Terms provides that all Disputes will be resolved by binding arbitration and not in court or by jury trial. IF A DISPUTE IS ARBITRATED, YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST COMPANY ENTITIES INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. WITHOUT LIMITATION, THIS INCLUDES GIVING UP YOUR RIGHTS TO BRING OR PARTICIPATE IN A CLASS ACTION AS SET FORTH IN ANY STATE STATUTE.
4. Choice of Law; Jurisdiction and Venue; Waiver of Jury Trial. To the maximum extent permitted by law, these Terms are governed by the laws of the United States of America and the State of Delaware, excluding any law or conflicts of law principle that would apply the law of another jurisdiction. To the extent a Dispute is not governed by the Arbitration Clause, you hereby consent to the exclusive jurisdiction and venue of courts in New York City, New York in all disputes arising out of or relating to the use of the Solutions or under these Terms; provided, however, that in the event Company is sued or joined by a third party in any other court or in any other forum in respect of any matter which may give rise to a claim by Company hereunder, you consent to the jurisdiction of such court or forum over any claim which may be asserted by Company therein. You irrevocably consent to the exercise of personal jurisdiction by such courts in any such action. In addition, and notwithstanding the foregoing, you irrevocably waive, to the fullest extent permitted by law, any objection that you may now or hereafter have to the laying of the venue of any such suit, action or proceeding brought in any such court and any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment in any such suit, action or proceeding brought in any such court shall be conclusive and binding upon you and may be enforced in any court in which you are subject to a jurisdiction by a suit upon such judgment. Use of the Solutions is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph. To the extent a claim is not governed by the Arbitration Clause, Company and you each hereby waive the right to a trial by jury in any court and in any suit, action or proceeding, whether in tort, contract, or otherwise, in which any such party is a party, as to any claim arising out of or in connection with these Terms, your or Company’s rights and obligations under these Terms, the Solutions, use of the Solutions, and/or the services and/or products that may be provided by or through or in connection with the Solutions.
1. Viewing, Accessing and Use Outside the United States. If and when any products or services referenced on the Solutions become available, they will become available in the United States and may not become available elsewhere. Company makes no claims that the Solutions or any products or services referenced therein may be lawfully viewed, accessed or used outside the United States. Access or use of the Solutions or any products or services referenced therein may not be legal by certain persons or in certain countries. If you access or use the Solutions from outside of the United States, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.
2. No Joint Venture. You agree that no joint venture, partnership, employment or agency relationship exists between you and Company as a result of these Terms or your use of the Solutions.
3. Headings. Section headings and other captions in these Terms are used solely for the convenience of the parties, have no legal or contractual significance, and shall not be used in interpreting, construing or enforcing any of the provisions of these Terms.
4. Survival. The provisions of the following sections shall survive any termination or expiration of these Sections: Disclosure Under Law, Materials, User Representations and Warranties, Disclaimers, Indemnification, Confidentiality, Copyright and Other Intellectual Property, Dispute Resolution (Arbitration Clause), Choice of Law; Jurisdiction and Venue; Waiver of Jury Trial, and Miscellaneous.
5. No Waiver. The failure of Company to enforce any provision of these Terms will not be construed as a waiver or limitation of Company’s right to subsequently enforce and compel strict compliance with that provision or any other provision of these Terms.
6. Assignment. No assignment, delegation or other conveyance of these Terms may be made by you (by operation of law or otherwise) without the prior written consent of Company, to be given in its sole discretion. Company may assign its rights and obligations hereunder to any other party.
7. Statute of Limitations. Any cause of action you may have with respect to your use of the Solutions must be commenced within one year after the claim or cause of action arises; thereafter, any such claim will be forever barred, without regard to any contrary legislation.
8. Agreement Binding. In the event that any provision of these Terms is deemed to be unenforceable, said provision will be interpreted to reflect the original intent of the parties in accordance with applicable law, and the remainder of these Terms will continue in full force and effect.
9. Notices. Notices to Company under these Terms shall be sufficient only if in writing and transmitted via personal delivery, delivered by a major commercial rapid delivery courier service, or mailed, postage or charges prepaid, by certified or registered mail, return receipt requested, to Company, with such notices being effective as of the date of actual, confirmed receipt by Company. Notices to you are deemed effective if sent to the email, sms, fax, chat, mail address or other contact information provided by you, and are deemed effective upon the earlier of being confirmed received or one day after having been sent.