Terms and Conditions

These Terms and Conditions (“Terms”, “Terms of Use”) govern your relationship with juxtdigital.com (the “Service”) operated by Juxt Digital (“us”, “we”, or “our”), whose registered office is at 1521 Concord Pike, Suite 201, Wilmington, New Castle, DE, 19803. Please read the Conditions carefully and if you do not accept the Conditions, do not use the Website.

IMPORTANT! THESE TERMS OF SERVICE (TOS) GOVERN YOUR USE OF THIS SITE, WHICH IS PROVIDED BY OUR COMPANY. BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY OUR COMPANY AT ANY TIME IN ITS DISCRETION. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY.

Reference to “you”, “your” or the “user” is a reference to any person using the Website or the services of Juxt Digital and/or any registered user of Juxt Digital.

Ability to Accept

You represent and guarantee that you are of legal age and otherwise qualified to enter into this Agreement in your jurisdiction and, if you are entering into this Agreement on behalf of an entity, that you are authorized to enter into this Agreement on behalf of such entity.

Access to the Site

Juxt Digital retains the right, at our sole discretion, to deny service or use of the Site or an account to anyone at any time and for any reason. While we use reasonable efforts to keep the Site and your account accessible, the Site and/or your account may be unavailable from time to time. You understand and agree that there may be interruptions in service or events, Site access, or access to your account due to circumstances both within our control (e.g., routine maintenance) and outside of our control..

Your account

In order to access certain features offered on this website, you must create an account. To create your account, you must complete your account details in the manner described on this website (including selecting a username and password which we will use to verify your identity when you use this website). You must ensure that your account details are complete and accurate when submitted to us, certify that the information that you have given is true and correct, and you must keep your account details up-to-date. We may at our discretion (at any time and without notice to you) suspend or terminate your account, or your ability to use all or part of this website or any of the functions available through this website.

Your username and password

Your login credentials (being your username and password) are personal to you. You must always maintain the confidentiality of your username and password and not disclose them to any third party. You agree that you are solely responsible for any use of this website by any person using your username and password and you agree to indemnify us against any claims arising out of your failure to maintain the confidentiality of your username or password. You agree to not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.

We will not be liable for any loss that you may incur as a result of someone else using your password or account (whether with or without your knowledge). You agree to notify us immediately by email to [email protected] of any unauthorised use of your account or any other breach of security.

Personal Information

The sending of personal information through the website is governed by our Privacy Policy. By using the Site, you consent to comply with and be bound by the privacy policy posted by Juxt Digital, which is part of these Terms, without any further notice or any liability to you or any other person.

Use of the service

Juxt Digital welcomes you to view and use the materials on this Site for your informational, non-commercial use, provided that you leave all the copyright warnings or other proprietary notices intact. You may not store, alter, duplicate, transmit, share, repost, openly display or otherwise use any content on this website, or the design or layout of this Site or individual segments of it, in any form or media except with the express prior written approval of Juxt Digital

Scope Of Service

Juxt Digital Your Trusted SEO Partner! SEO agencies get a deserved bad rep: many use dubious techniques, forsake quality for quantity, and throw sand in your eyes to obscure their lack of results.

At Juxt Digital we just do the hard work instead. We customize our strategy to your business, using techniques honed over hundreds of campaigns. We focus on what really brings results (usually: links!) and do it right, no matter how hard it ends up being. We track everything and show you the data, as well as assigning you a dedicated account manager to keep the lines of communications open.

Since 2012, over 2000 customers have seen their business grow thanks to our work.

The Services we Offer

JUXT Link-A-Thon

JUXT AIO

JUXT Guest Posts

JUXT Editorials

JUXT Link-Jection

JUXT Local SEO. You can read more about all these services in the “Our Services” page on the website.

Juxt Digital makes all reasonable efforts to provide these services; however, all services given by Juxt Digital relies on numerous market factors and variables that are not under our direct control. For this logic, all services offered are not guaranteed and are provided ‘as is’. We do NOT guarantee any results (negative or positive). We will NOT be held responsible for any increases or decreases in search rankings, increases or decreases in search positions, increases or decreases in backlinks, keywords, website authority, traffic fluctuations, manual or algorithmic penalties and any other indicators. You understand that the services offered may have variance, be inexact, cause negative effects, or be otherwise incorrect. Website rankings or results may vary by region, search engine, or fluctuate based on factors outside of our control. The result derived from website rankings may vary by search engine, geographical location, or fluctuate based on factors beyond our control. Due to the nature of our services; you agree

● We will NOT be held responsible for any search engine penalties your website may receive if you don’t follow search engine’s guidelines, including (but not limited) to spam comments, heavy and spammy linking from guest posts, spammy guest blogging, publishing poor quality content with the sole intent to gain backlinks, buying or exchanging backlinks, etc.

● We will NOT be held responsible for any financial losses or gains you or your website may face.

● Occasionally, search engines will drop listings for no apparent or predictable reason. We have no control over the policies of search engines with respect to the type of sites or content that they accept now or in the future and user may be excluded from any directory or search engine at any time at the sole discretion of the search engine or directory.

● We have NO control over any actions or inaction by any search engines related to a user’s website or a website’s ranking.

● We have NO control over website and blog owners removing links and content or deleting or moving or changing their website. These placements will not be refunded or replaced.

● Under no circumstances shall Juxt Digital be liable to you (the end user) for any damages whatsoever, including (without limitation) any direct incidental or consequential damages, loss of profits, or any claims of yours or third party websites. You, the end user assume all risks and potential damages (known or unknown) associated with using our services.

● Juxt Digital is NOT responsible for changes made to the website by other parties that adversely affect the search engine rankings of the Client’s website.

● You agree to release us from any liability that we may incur for providing you any services offered via Juxt Digital. You agree that any service or any other information found on Juxt Digital may be inaccurate, unsubstantiated or possibly even incorrect. You agree to release us from any liability that we may have to in relation to your use of our services.

● We reserve the right to cancel any orders placed for websites in illegal or offensive industries. Any illegal content, products, services or items hateful, objectionable or defamatory content aimed at any people group, race, gender, sexual orientation or otherwise attacks on any person, business, organisation, product or service; cruelty towards animals; or otherwise content found to be objectionable will be cancelled and refunded.

Your Conduct

All interactions on the Site must comply with these Terms of Use. To the extent your conduct, in our sole discretion, restricts or inhibits any other user from using or enjoying any part of the Site, we may limit or terminate your privileges on the Site and seek other remedies, including, without limitation, cancellation of your account.

Limitations of the user

By using any part and/or functionality on the Site or the Services, you agree to comply with the following Code of Conduct.

You can not:

● Copy, modify, create derivative work, attempt to discover any source code of the Site or Services;

● Remove or obscure the notice of copyright or other communications that appear in relation to the content accessible through the Site or the Services;

● Interfere or interrupt the resources, services, servers, and networks of the site connected to the site or disobey any requirement, procedure, policy or regulation of networks connected directly or indirectly to the site;

● Change the website or Services in any manner, or use altered versions of the Website, including (without limitation), in order to gain unauthorized access to the Site or the Services;

● Reproducing, printing, storing, storing or distributing the content retrieved from the Site or the Services in any form, for any commercial use without the prior written permission of Juxt Digital;

● Sell, assign, license or transfer any right in the Services or content accessible through the Site;

● Access the site or services by any means other than the interface provided by Juxt Digital;

● Violate the restrictions in any robot exclusion headers on the Site or the Services, if any, or circumvent or circumvent other measures used to prevent or restrict access to the Site or the Services;

● Collect or store personal data in other users of the site or services;

● Engage in actions that infringe the privacy rights of others, including, but not limited to, assembling and spreading data about Internet users without their consent, except as authorized by applicable law; or

● Use the site or services to violate any law (local, state, national or international), intentionally or not.

● You can not send automated queries of any kind to the Site, including:

● using any software that sends queries to determine how a site or “page” classifies for multiple queries;

● “Meta-search”; search “offline” on the site.

Violation of the Terms of Use may result in the immediate termination of your account, in addition to any other legal and equitable remedies that we may have against you. You understand and agree that engaging in the prohibited use or improper or unauthorized use of our Services as set forth in these Terms of Use is considered theft and stealing and we retain the right to prosecute theft to the full extent of the law. You agree and understand that prohibited use, improper or unauthorized use may give rise to a civil claim for damages or be a criminal offense.

Contents that appears on the service

Content means any information, text, graphics or other materials uploaded, downloaded or appearing on the Service, including, without limitation, ratings, presentations, reviews, other information, advertisements, interactive discussions, photos, videos, graphics, music, and sound contained, distributed, linked, downloaded or accessed from the Service, if such Content is owned by Juxt Digital or third parties.

Proprietary Information

All content on the Website, but excluding User Content (the “Website Content”), are the proprietary property of Juxt Digital, its users or its licensors, with all rights reserved. No Website Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written permission. Subject to these Terms of Use, you are granted a limited license to access and use the Website and the Website Content and to download or print a copy of any properly-accessed portion of the Website Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Such license does not permit the use of any data mining, robots, scraping or similar data gathering or extraction methods. Unless explicitly stated herein, nothing in these Terms of Use will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. We may revoke this license at any time without notice and with or without cause.

User Comments and Feedbacks (“Submission”)

For clarity, you retain all of your ownership rights in and to your Submissions. However, by submitting bio, pitch preferences, experience, testimonials, reviews, recommendations, ratings or other content to Juxt Digital through this Site (collectively, “Submissions”), you agree that we may, at any time, without limitation, modify, copy, publish, distribute, translate, and use any content submitted to us in any medium. We are and are under no obligation to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or objectionable criteria or violate the intellectual property of any party or these Terms of Service. You acknowledge that any of your contents will not violate any third party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You also accept that your contents will not contain defamatory, illegal, offensive or obscene material or that contains computer viruses or other malware that may in any way affect the performance of the Service or any affiliated website. It is not possible to use a fake email address, pretend to be someone other than you, or otherwise deceive us about the source of any comments. You are solely responsible for the content you make and for their accuracy. We assume no responsibility and assume no responsibility for any content posted by you.

Your License to Us.

By posting Content on the Service, you grant us the right and license to use, publicly perform, publicly display, modify, reproduce, create derivative works or adaptations thereof, incorporate it into advertising and other works, promote and distribute it, in and through the Service. Accordingly, you hereby irrevocably grant us rights throughout the world, perpetual, non-exclusive, royalty-free, assignable, sublicensable and transferable to use your Content for any purpose. You represent that you have sufficient rights in the content to make this grant.

Editing, Deleting and Modification

We hold the right in our sole discretion to correct or remove any documents, data or other content appearing on the Site at any time without notice. Although under no obligation to do so, our Company reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Company nor any third party that provides Content to Juxt Digital will assume or have any liability for any action or inaction by Juxt Digital or such third party with respect to any submission.

Availability, errors, and inaccuracies

We are regularly updating our services (“service”) on our site. The services available on our Service may be incorrectly evaluated, incorrectly described or unavailable, and we may experience delays in updating information on the Service and our advertising on other sites.

We can not and do not ensure the accuracy or perfection of any data, including service details and accessibility. We reserve the right to change or update information and correct any errors, inaccuracies or omissions at any time without notice.

Modification

We reserve the right at all times to discontinue or modify any part of these Terms of Use in our sole discretion. If we make changes that affect your use of the Site or our services we will post a notice of the change on the Terms of Use page. Any changes to these Terms of Use will be effective upon our posting of the notice; provided that these changes will be prospective only and not retroactive. If you do not agree to the changes, you may close your account and you should not use the Site or any services offered through the Site after the effective date of the changes. We suggest that you revisit our Terms of Use regularly to ensure that you stay informed of any changes. You agree that posting notice of any changes on the Terms of Use page is adequate notice to advise you of these changes, and that your continued use of the Site or our services will constitute acceptance of these changes and the Terms of Use as modified.

Fees and Payments

If you wish to purchase any of our services through the website (each such purchase, a “Transaction”), you will be asked to supply certain information applicable to your Transaction, including, without limitation, credit card information to Juxt Digital and our Payment processor. Please be aware that purchases are completed via our third party payment processors. Where applicable, you must agree to our third party payment processors terms and conditions for processing payments You agree that all information that you provide in connection with the Transaction will be accurate, current and complete and consent to disclosure, transmission and use of such information as necessary to process the Transaction. You agree to pay all charges incurred by you at the prices then in effect. You will also be responsible for paying any applicable taxes relating to your Transactions, all fees are exclusive of taxes, levies, or duties imposed by taxing authorities; you are responsible for paying any such applicable tax. Payment for Services shall be at prices as agreed upon between you and Juxt Digital. We offer multiple Service Plans for users, with different fees and functionality features for each plan (“Service Plan”). Payment for a Service Plan, if any, shall be made in advance and is non-refundable, that is there will be no refunds, full or partial.

Pricing

We may change pricing at any time without giving prior notice. The change will only apply to the orders placed in the future.

Refunds

As you’re paying for our time and expertise, all fees are non-refundable. However, we do realise the importance of part or full refunds if we’re unable to fulfil your order. In such cases, we’ll analyse the work carried out and issue a refund accordingly. We can’t offer refunds on a basis of “unsatisfactory service”. All fees, services, documents, recommendations and reports are confidential.

Reports & Invoices

Soon after you make a purchase, you’ll receive an email with a PDF confirmation file that includes a summary of your purchase invoice and terms. If you encounter any issues or wish to amend your details, please contact us after making a purchase. Every service comes with a report. At the end of every project, you’ll receive a comprehensive report that outlines the work outlined.

Estimates

Please be informed that certain part of our services provided may list estimated dates and timelines for delivery or completion. Although we always attempt to deliver all services by the date provided, these estimates are merely good faith estimates and are non-binding in nature. We reserve the right to modify, alter, or extend any estimates at our discretion. We will not be held responsible or liable for any failure to provide any services before any estimated dates.

Copyright and Trademarks

The Site contains copyrighted material, trademarks, and other proprietary information, including, without limitation, text, software, photos, video, graphics, music, and sound, and the entire contents of the Site are protected by copyright, trademark, and other intellectual property laws of the (country). Juxt Digital owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. You may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of the content without the express permission of Juxt Digital or the copyright owner is permitted. You acknowledge that you do not acquire any ownership rights by utilizing copyrighted material. Any violation of these restrictions may result in a copyright, trademark, or other intellectual property right infringement that may subject you to civil or criminal penalties. You may not use Juxt Digital’s name, logos, trademarks or brands, or trademarks or brands of others on the Site without Juxt Digital’s express permission.

Intellectual Property Rights

Nothing in this Agreement will directly or indirectly be construed to assign or grant you any rights of ownership, title or interest, or any intellectual property rights relating thereto, in the Services or any related content.

Unsolicited Ideas

We do not accept or consider, directly or through any Juxt Digital employee or agent, unsolicited ideas of any kind, including, without limitation, ideas or suggestions relating to new or improved services, enhancements, names or technologies, advertising and marketing campaigns, plans, or other promotions. Do not send us (or any of our employees) any unsolicited ideas, suggestions, materials, images, or other work in any form ( “Unsolicited Materials” ). If you send us Unsolicited Materials, you understand and agree that the following terms will apply, notwithstanding any cover letter or other terms that accompany them:

● Juxt Digital has no obligation to review any Unsolicited Materials, nor to keep any Unsolicited Materials confidential; and

● Juxt Digital will own, and may use and redistribute, Unsolicited Materials for any purpose without restriction and free of any obligation to acknowledge or compensate you.

Electronic Communications

When you use the Site or send emails to Juxt Digital, you are communicating with us electronically and consent to receive electronic communications related to your use of the Site. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to you and effective when sent to the email address you provide on the Site or from which you otherwise email us.

Non-Disclosure

The Parties agree that they shall keep the terms of this Agreement confidential and shall make no disclosure of or reference to this Agreement or any part thereof to any person or entity, except (a) the Parties may agree in writing, or (b) in any action to enforce or rely upon its terms. Accordingly, the Client further agrees it will not speak derogatively of Stellar Juxt Digital or volunteer any negative information about Juxt Digital during or at the conclusion of the term of this Agreement.

Disclaimer

JUXT DIGITAL AND ALL SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER JUXT DIGITAL, NOR ANY OF OUR EMPLOYEES, MANAGERS, OFFICERS, ASSIGNS OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (1) THE WEBSITE; (2) ANY INFORMATION PROVIDED VIA THE WEBSITE; (3) THE SERVICES, OR (4) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO JUXT DIGITAL. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LOST PROFITS, NON-INFRINGEMENT, TITLE, TRADE, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

JUXT DIGITAL DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE INCLUDING THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. JUXT DIGITAL DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE SERVICES OFFERED ARE ACCURATE, COMPLETE, OR USEFUL. JUXT DIGITAL DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND JUXT DIGITAL SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES.

Limitation On Liability

UNDER NO CIRCUMSTANCES SHALL JUXT DIGITAL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, OR FOR THE COST OF SUBSTITUTE SERVICES, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY EVENT, OUR TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, SHALL NOT IN ANY CIRCUMSTANCES EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU FOR THE TRANSACTION/S.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnity

You will indemnify and hold Juxt Digital, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

Copyright Policy.

Removal of Content. It is our policy to respect the legitimate rights of copyright owners, and we will respond to clear notices of alleged copyright infringement. Please be advised that we enforce a policy that provides for the termination in appropriate circumstances of Service users who are repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information in accordance with the DMCA:

● An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;

● A description of the copyrighted work you claim has been infringed;

● A description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it. Providing URLs in the body of an email is the best way to help us locate content quickly;

● Your address, telephone number and email address;

● A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and

● A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Misrepresentations

Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability.

Assignment.

This Agreement, and any rights granted hereunder, may not be transferred or assigned by you but may be assigned by us without restriction or notification.

Termination Of Account

You can cancel your user account at any time by sending an email request to [email protected]. We will attempt to cancel your user account in 5 (five) working days. While it is still possible to access certain parts of our sites and services after canceling your account, you will no longer have access to all the features. For us: we may, at our sole discretion, terminate your user account or impose limits or restrict access to parts or all of our sites and/or services at any time without notice or liability.

You agree that Juxt Digital is not responsible for terminating this Agreement. You are always free to stop using the Services at any time. You are aware that an interruption of your account could lead to the cancellation of any content stored in your account, therefore Juxt Digital will have no responsibility.

Amendment

We reserve the right to Amend this Agreement at any time by sending you a notification or publishing the revised Agreement on the Service. Such change will be effective following the foregoing notification thereof, and your continued use of the Service thereafter means that you accept those changes.

Governing Law and Disputes

This Agreement shall be governed by and construed in accordance with the laws of (country), without regard to its conflict of laws rules. You agree to submit to the personal and exclusive jurisdiction of the courts located in (country), and waive any jurisdictional, venue or inconvenient forum objections to such courts. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction.

General

This Agreement, and any other legal notices published by us in connection with the Service, shall constitute the entire agreement between you and us concerning the Service. In the event of a conflict between this Agreement and any other communication, the terms of this Agreement shall prevail. 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. A party’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THIS AGREEMENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.