Welcome to Plus1, a network of online voting applications. Plus1 consists of various publicly accessible websites found at www.plus1today.com and www.plus1today.net. The Plus1 applications and online voting applications are owned and operated by plus1.today.
This Agreement covers Client's use of the web based voting applications (collectively the "Plus1 applications"). By using the Plus1 applications, Client agrees to be bound by these terms of service.
THIS AGREEMENT DOES NOT COVER USE OF THE PLUS1 PUBLIC WEBSITES.
THIS AGREEMENT DOES NOT COVER USE OF THE PLUS1 APPLICATION, WHICH IS GOVERNED BY A SEPARATE AGREEMENT.
Some sections of this Agreement modify very important rights. In those sections, the text is written in all capital letters. As Client reviews this Agreement, please pay particular attention to those sections in all capital letters.
1. This Agreement
The following sections describe the basic parameters of the Agreement, including requirements for eligibility to use the Plus1 applications, modification of this agreement, termination of this agreement, and how Plus1 gives notice of changes to this agreement. This agreement was last modified on March 16, 2018.
1.1. The Agreement
Client must be fourteen (14) years old or older to purchase a license to use the Plus1 applications. Use of the Plus1 applications is void where it is prohibited. By agreeing to these terms, Client represents that Client has the right, authority, and capacity to enter into this Agreement, and to abide by all of the terms and conditions of this agreement.
1.3. Termination of This Agreement
This Agreement will remain in force for twelve (12) months from the date of registration, or until Client's vote, nomination, or election is complete, whichever period of time is greater. Plus1 may terminate this Agreement prior to the natural end of the agreement at its sole discretion as described in Section 1.5 below. Certain sections of this agreement survive termination of this agreement, as described in Section 11 below.
1.4. Modification of This Agreement
Plus1 may modify this Agreement from time to time and such modification will be effective upon posting on the websites of all of the Plus1 applications. Client agrees to be bound to any changes to this Agreement when Client use a Plus1 website or Plus1 service after any such modification is posted. It is important that Client reviews this Agreement regularly to ensure Client is aware of any changes.
1.5. Early Termination of This Agreement
Plus1 may terminate this Agreement prior to the natural end of the Agreement described above in Section 1.3 without prior notice and at Plus1's sole discretion. Cause for such termination may include, but is not limited to:
a. breaches or violations of the Agreement or other incorporated agreements or guidelines
b. requests by law enforcement or other government agencies
c. At Client's request
d. discontinuance or material modification to the Plus1 applications or any portion thereof.
e. unexpected technical or security issues or problems
f. extended periods of account inactivity
g. Client's engagement in fraudulent or illegal activities, whether related to Client's use of the Plus1 applications or not; or
h. non-payment of any fees Client owes in connection with use of the Plus1 applications.
If Plus1 terminates Client's account, that will include:
a. removal of access to all offerings within the Plus1 applications.
b. deletion of Client's password and all related information, files and content associated with or inside Client's account
c. barring of further use of the Plus1 applications.
Further, Client agrees that Plus1 will make the decision to terminate Client's account at Plus1's sole discretion, and that Plus1 will not be liable to Client or to any third party for any damages resulting from termination of Client's account, or loss of access to the Plus1 website.
Plus1 may provide Client with notices, including those regarding changes to this Agreement, at Plus1's sole discretion, in any manner Plus1 decides, including, but not limited to, posting to one of the Plus1 applications, email or regular mail.
2. License Grant
Plus1 hereby grants Client a non-exclusive worldwide right to use the Plus1 applications solely for legitimate business purposes, subject to the terms and conditions of this Agreement. Plus1 agrees to operate and provide its proprietary applications under the terms of this agreement.
This License is limited to the number and type of accounts, time limit and amount and manner of use described on the Order Confirmation Page. An authorized License Administrator may add licenses by executing an additional written Order Form or using the Online Order Center.
Additional licenses will be subject to the license fee then current. If this Agreement changes between orders, all licenses are subject to the most recent version of this Agreement, without regard for earlier versions of this Agreement that may have been applicable to earlier license purchases.
3. Client's Obligations
As a part of Client's acceptance of this agreement, and in consideration for Plus1 providing continued access to the Plus1 applications, Client has certain obligations. These include, but are not limited to, the obligations described in this section.
3.1. Client's Registration Obligations
In consideration of Client's use of the Plus1 website, Client represents that Client is of legal age to form a binding contract and are not barred from receiving services under the laws of the United States or other applicable jurisdiction. Client also agrees to: (a) provide true, accurate, current and complete information about Client's self as prompted by the Plus1 applications' registration forms (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If Client provides any information that is untrue, inaccurate, not current or incomplete, or Plus1 has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Plus1 has the right to suspend or terminate Client's account and refuse any and all current or future use of the Plus1 applications. By using the Plus1 applications, Client represents and warrants that Client has the right, authority, and capacity to enter into this Agreement and will abide by the terms and conditions of this Agreement
3.2. Administrator and Voter Accounts, Passwords, and Security
Client is responsible for maintaining the confidentiality of the user information, passwords, and account data required to access the Plus1 applications affiliated with Client's account, and are fully responsible for all activities that occur under Client's password or account.
Client's responsibility includes ensuring that voters affiliated with Client's account are aware of the necessity of maintaining the security and confidentiality of user information, passwords, and account data affiliated with Client's account.
Client agrees to
a. immediately notify Plus1 of any unauthorized use of an affiliated password or account or any other breach of security, and
b. ensure that Client and Client's voters exit from Client's accounts at the end of each session. Plus1 cannot and will not be liable for any loss or damage arising from Client's failure to comply with this Section.
3.3. Client Conduct
Client agree that Client will not use the Plus1 applications to:
a. transmit or make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, or falsely state or otherwise misrepresent Client's affiliation with a person or entity;
d. transmit or make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose;
e. interfere with or disrupt the Plus1 website or servers or networks connected to the Plus1 website, or disobey any requirements, procedures, policies or regulations of networks connected to the Plus1 website;
f. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
g. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
h. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.
3.4. No Resale of Services
Client agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purpose, any portion of the Plus1 applications, use of the Plus1 applications, or access to the Plus1 applications.
3.5. No Competitive Use
Client may not use the Plus1 applications if Client is affiliated with a competitor to Plus1 as determined at Plus1's sole discretion, either as an officer, employee, agent, or other affiliate without Plus1's prior written consent. Client may not access the Plus1 applications for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive reasons.
4. Payment and Payment Schedule Obligations
Access to the Plus1 applications is provided for a fee. This section describes Client's obligation to pay the fees charged in the manner described below, in consideration for access to the agreed upon Plus1 applications and Plus1 applications.
4.1. Payment Authorization Requirements
Client must provide Plus1 with a valid credit card, or approved purchase order information as a condition to signing up for the applications.
4.2. Payment Obligations
a. Client agree to pay all fees or charges to Client's account in accordance with the billing terms in effect at the time a fee or charge is due and payable.
b. Payments must be made in advance of Client's use of the Plus1 applications for which Client is making the payment, unless Plus1 has authorized Client, in writing, to make other payment arrangements.
c. All payments are non-refundable, and all payment obligations are non-cancellable.
d. Client are responsible for paying for services ordered, whether or not those services are actually used.
4.3. Payment Confidentiality
Client agrees that Client will not disclose the price of Client's license to use the Plus1 applications, or any other terms of Client's agreement to use the Plus1 applications without Plus1's prior written consent.
4.4. Sales Tax
Client agree to pay any applicable sale tax on amounts due under the terms of this Agreement.
If Client are a tax-exempt organization, Client is responsible for notifying Plus1 of Client's tax exempt status. Plus1 will not waive or refund sales tax payments unless and until notified by fax of Client's tax exempt status.
5. Confidentiality and Trade Secrets
5.1. Confidential Information
Plus1 acknowledges that all materials communicated in writing, orally or electronically to or otherwise obtained by Plus1 from Client or its Clients in connections this Agreement as well as all materials whatsoever created or produced by Plus1 therefore (collectively, "Client Confidential Information") constitute valuable, proprietary and privileged property of Client or its Clients. Client acknowledges that all materials which identify or concern past, current or potential members, customers, or Clients of Plus1 or its affiliates; information about Plus1's business practices, research, development, plans, or access to Plus1's computer systems; Plus1's computer data processing tapes, record formats, source and object codes which identify or concern past, current or potential customers of Plus1; and any other information or material identified by Plus1 as "Confidential" ("Plus1 Confidential Information") is valuable and proprietary as to Plus1. Both Plus1 and Client agree that no such Confidential Information shall be disclosed by it to any third person (other than in the case of Plus1 to Plus1's employees and subcontractors as set forth below) without the consent in advance of the party to whom such Confidential Information belongs. Plus1 agrees that it shall be further limited in that, as to its employees and subcontractors, its sole disclosure of Client Confidential Information shall be in performance of this Agreement. Further Client shall continue to maintain all ownership and similar rights to all Client Confidential Information and Plus1 shall continue to maintain all ownership and similar rights to all Plus1 Confidential Information
Notwithstanding the foregoing, either Client or Plus1 may disclose Confidential Information belonging to the other party in response to a subpoena, judicial, administrative or arbitral order, provided that the disclosing party has given prompt notice to and has cooperated with the other in seeking protection against such disclosure at the other party's expense.
It is understood and agreed that money damages would not be a sufficient remedy for any breach of this Section and that either party shall be entitled to specific performance and injunctive or other equitable relief (mandatory or prohibitory) as remedies for any such breach. Neither party will oppose the granting of such relief, and each hereby agrees to waive any requirements for the security or posting of any bond in connection with any such remedy. Such remedies shall not be deemed the exclusive remedies for breach of this Section, but shall be in addition to all other remedies available at law or in equity.
VOTENET and Client shall each take reasonable precautions (having regard to the nature of their respective obligations under this Agreement) to preserve the integrity of Client Confidential Information. All data provided by Client for use with Plus1 services will be managed and backed up periodically, using industry standard-grade security protocols and procedures.
Upon notice to Plus1 of any unauthorized breach of security, Plus1 will take immediate steps to (i) notify Client of the breach; (ii) terminate access through the original password, issue a new password, and/or institute other security measures to eliminate the breach and restore security and all data contained therein; and (iii) take all other steps reasonably requested by Client to ensure the security of Client Information.
To the extent Plus1 wishes to use, reproduce, adapt, publish, distribute, and/or display any information or material submitted by Client for incorporation into other works, Plus1 will first obtain Client written consent to do so.
Plus1, its employees and subcontractors agree that, except as directed by Client, it will not at any time during or after the term of this Agreement disclose any confidential information to any person whatsoever. Each party acknowledges that the other party may make Confidential Data available to it. The term "Confidential Data" shall include data which identify or concern past, current or eligible voters, Client's of a party or its affiliates, information about business practices, research, development, access to a party's computer systems and plans of a party or its affiliates, and certain computer data processing tapes, record formats, source and object codes, which identify or concern past, current or potential customers of a party or its affiliates; and/or certain information and material identified by a party as "Confidential"; and/or data one party furnishes to the other from its database or third party vendors; and/or data received from one party and enhanced by the other. Confidential Data may be written, oral, recorded, or on tapes. Each party acknowledges that all Confidential Data furnished by the other is considered a proprietary trade secret and is a matter of strict confidentiality. Each party also acknowledges that the unauthorized use or disclosure of any Confidential Data will cause irreparable harm to the other. Accordingly, the parties agree that they shall be entitled to equitable relief, including injunction and specific performance, in addition to all other remedies available at law or in equity for any threatened or actual breach of the provisions contained in this paragraph. No rights or licenses, express or implied, are granted by Client to Plus1 under any patents, copyrights, or trade secrets of Client because of or related to this Agreement.
6. Plus1's Intellectual Property
Plus1 owns certain valuable intellectual property included in the Plus1website. The following describes Client's license to use that intellectual property, and Client's obligations to use it in accordance with that license.
6.1. Ownership of the Information
The Plus1 applications contains information, text, software, photos, video, graphics, music, sounds, and other material (called "Materials") that are protected by copyrights, trademarks, trade secrets, patents or other proprietary rights (called "Intellectual Property Rights"). These Intellectual Property Rights are valid and protected in all forms, media and technologies existing now or developed later. All right, title, and interest in these Materials, with the sole exception of any Member provided content, belong solely and exclusively to Plus1.
6.2. Use of the Information and Materials on the Website
Except as Client may be expressly permitted by this Agreement, Client may not use, modify, adapt, reformat, download, upload, post, reproduce, broadcast, publish, display, perform, transfer or redistribute any Materials in any form, format or media or by means of any technology without obtaining the prior written authorization of Plus1, and any other owner of the Intellectual Property Rights in such Materials.
Client must have prior written permission from Plus1 to reproduce Materials from the Plus1 website. If Client reproduce Materials from the Plus1 website, Client must preserve any copyright, trademark or other notices contained in or associated with the Materials. This means, among other things, that if the specific Material Client are reproducing does not contain the relevant notices that appear on the website, Client must go to the place on the website where such notices appear and copy them into the Materials Client are reproducing.
6.3. Plus1's Copyrights and Trademarks
All copyrights and copyrightable materials which are part of Plus1 that are not Member content, including without limitation, the Plus1 logos, designs, text, graphics, pictures, photos, files, software, applications, code, hidden text, databases and other files and the selection and arrangement thereof are COPYRIGHT© 2016 Votenet Solutions, LLC, ALL RIGHTS RESERVED.
Plus1 and associated logos, graphics and icons in the software are trademarks of Votenet Solutions, LLC and may not be copied, imitated or used, in whole or in part, without the prior written permission of Plus1.
Plus1 offers certain services to its Clients. Those services consist of access to online voting software. These sections describe those services, and Plus1's policy for changing those services.
7.1. Description Of The Services
Plus1 provides users with access to online voting software. The Plus1 applications are designed to be accessed through the use of software such as Microsoft Internet Explorer, Firefox, Opera, or other "web browsers." The content of the Plus1 applications and the content of the Plus1 applications could include inaccuracies, typographical errors or other errors. We make no commitment, nor have any obligation, to update information or material on the Plus1 applications. Client should not rely upon any information on the Plus1applications o services in making business, financial, personal or other decisions. Furthermore, Plus1 does not sanction or approve the opinions of third parties expressed on the Plus1 applications or on web sites linked to the Plus1 applications. Client understands and agrees that the Plus1 applications are provided "AS-IS" and that Plus1 assumes no responsibility for any un-timeliness in delivery, deletion of, mis-delivery of or failure to store any user communications or personalization settings
7.2. Modifications To Services
Plus1 reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Plus1 applications (or any part thereof) with or without notice. Client agrees that Plus1 shall not be liable to Client or to any third party for any modification, suspension or discontinuance of the Plus1 applications.
8.2. Special Admonitions for International Use
Recognizing the global nature of the Internet, Client agrees to comply with all rules regarding online conduct specific to any geographic location in which Client uses the Plus1 website. Client also agrees to comply with any applicable United States export rules that may govern the geographic location in which Client uses the Plus1 website.
8.3. Limitation on the Privacy of Client's Registration Data and Content
Client agree that Plus1 may access, preserve and disclose Client's account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
a. comply with legal process;
b. enforce the Agreement;
c. respond to claims that any Content violates the rights of third parties;
d. respond to Client's requests for customer service;
e. protect the rights, property or personal safety of Plus1, its users and the public.
9. Disclaimers and Limitations
This section includes important disclaimers and limitations on Plus1's liability.
9.1. Disclaimer of Warranties
THIS SECTION IS EXTREMELY IMPORTANT. PLEASE READ IT CAREFULLY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE VOTENET APPLICATIONS ARE PROVIDED ENTIRELY "AS IS," WITHOUT ANY WARRANTY WHATSOEVER, AND ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE HEREBY EXPRESSLY DISCLAIMED, AND CLIENT HEREBY WAIVE ALL SUCH WARRANTIES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CLIENT FROM PLUS1 OR THROUGH OR FROM THE PLUS1 APPLICATIONS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
9.2. Limitation of Liability
THIS SECTION IS EXTREMELY IMPORTANT. PLEASE READ IT CAREFULLY
IN NO EVENT SHALL PLUS1, OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE TO ANY PARTY FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR OTHER INDIRECT (INCLUDING WITHOUT LIMITATION, COST OF COVER) DAMAGES, LOSS OR INJURY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY SERVICES, CONTENT OR OTHER MATERIALS PROVIDED OR AVAILABLE HEREUNDER, OR USE OF ANY OTHER LINKS OR LINKED WEBSITES, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL BASIS NOW OR HEREAFTER KNOWN.
THE TERM "DAMAGES" INCLUDES, WITHOUT LIMITATION, ATTORNEYS' FEES, LOST PROFITS, PHYSICAL AND/OR PERSONAL INJURY, BUSINESS INTERRUPTION, AND LOSS OF PROGRAMS OR OTHER DATA ON CLIENT'S INFORMATION HANDLING SYSTEM. CLIENT AGREE AND ACKNOWLEDGE THE ECONOMIC TERMS OF THIS AGREEMENT FAIRLY AND EQUITABLY REFLECT THE FOREGOING ALLOCATION OF RISK AND SUCH ALLOCATION OF RISK IS A MATERIAL INDUCEMENT FOR US TO MAKE AVAILABLE TO CLIENT OUR SERVICES, WEB SITE AND OTHER CONTENT AND MATERIALS.
Client agrees to indemnify and defend Plus1 and its subsidiaries, affiliates, officers, agents, employees, partners, licensors and licensees from any claim or demand, including attorney's fees and costs, made by any third party due to or arising out of Client's use of the Plus1 applications, Client's connection with the Plus1 applications, or Client's violation of this Agreement.
9.4. No Third Party Beneficiaries
Client agree that, except as otherwise expressly provided herein, this Agreement does not confer and is not intended to confer any rights or remedies upon any person other than Client.
9.5. Non-Transferability and No Right of Survivorship
Client agree that Client's right to access the Plus1 applications through a membership is non-transferable and any rights to Client's membership or contents within Client's account terminate upon Client's death. Upon receipt of a copy of a death certificate, Client's account may be terminated and all contents permanently deleted.
9.6. Assumption of Risk
Client agrees that Client must evaluate and bear all risks associated with, the use of any Plus1 applications, including any reliance on the accuracy, completeness, or usefulness of such applications.
10. Dispute Resolution
This section contains agreements regarding how Client and Plus1 will resolve disputes between Client, including a clause mandating Arbitration in any dispute, and a clause waiving Client's rights to pursue a class action against Plus1, or a class arbitration against Plus1.
To the extent Client have in any manner violated or threatened to violate Plus1's intellectual property rights, however, Plus1 may seek injunctive or other appropriate relief in Taiwan New Taipei District Court, and Client consent to exclusive jurisdiction and venue in such courts.
The arbitration will be held in the Taiwan New Taipei District Court before one arbitrator on an individual basis and not as a class action. Client expressly waives any right Client may have to arbitrate a dispute as a class action. Client also expressly waives Client's right to a jury trial. Client may select one of the following arbitration organizations and its applicable rules: the National Arbitration Forum, Box 50191, Minneapolis, MN 55405-0191 (www.arb-forum.com), or JAMS, Two Embarcadero Center Suite 1100 San Francisco, CA 94111 (www.jamsadr.com).
If Client fails to select an arbitration organization within 30 days after notice from Plus1, Plus1 may select the organization. Client may obtain a copy of the rules of each organization by contacting the organization. In the event that any Claim cannot be submitted to binding arbitration pursuant to the rules of any such organization, such event shall not affect the enforceability of this clause so long as the Claim may be submitted to binding arbitration with one of the organizations. Client and Plus1 shall agree on one arbitrator to conduct the arbitration and the arbitrator shall be selected pursuant to the applicable 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.
10.2. Arbitration Final
10.3. No Class Action
This section includes several important clauses governing the interpretation of the contract, where and under what law disputes may be adjudicated, and other important aspect of the governance of this agreement.
11.1. Entire Agreement
This Agreement constitutes the final agreement between Client and Plus1. It is the complete and exclusive expression of Client's agreement on the matters contained herein. All prior and contemporaneous negotiations and agreements between Client and Plus1 on matters contained in this Agreement are expressly merged into and superseded by this Agreement. The provisions of this Agreement may not be explained, supplemented or qualified through evidence of trade usage or a prior course of dealings. In entering into this Agreement, neither Client nor Plus1 has relied upon any statement, representation, warranty or agreement of the other party except for those expressly contained in this Agreement. THERE ARE NO CONDITIONS PRECEDENT TO THE EFFECTIVENESS OF THIS AGREEMENT, OTHER THAN THOSE EXPRESSLY STATED IN THIS AGREEMENT.
11.2. Choice of Law, Forum, and Venue
THE LAWS OF THE DISTRICT OF COLUMBIA, WITHOUT GIVING EFFECT TO ITS CONFLICT OF LAWS PRINCIPLES, GOVERN ALL MATTERS ARISING OUT OF OR RELATED TO THIS AGREEMENT AND THE TRANSACTIONS IT CONTEMPLETES, INCLUDING, WITHOUT LIMITATION, ITS INTERPRETATION, CONSTRUCTION, PERFORMANCE, AND ENFORCEMENT.
Client have agreed in Section 10 to submit to binding arbitration. However, if Section 10 is found not to have legal affect by any court with jurisdiction over this agreement, jurisdiction over actions arising out of or related to this Agreement, and jurisdiction over Plus1, then if Client bring a legal action or proceeding against Plus1 arising out of or related to this Agreement, Client agrees that Client may only bring such action or proceeding in the United States District Court for the District of Columbia, or in any court of the District of Columbia.
11.3. Severability and Waiver
Plus1's failure to exercise or enforce any right granted in this Agreement shall not constitute a waiver of such right.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, Client nonetheless agrees that such court should endeavor to give full effect to the parties' intentions as reflected in such provision, and Client agrees that other provisions of the Agreement remain in full effect.
11.4. No Agency
This Agreement creates no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between Client and Plus1, and intends no such relationship.
Sections 9, 10, and 11 will survive the termination or expiration of this agreement.
11.6. Claim Time Limitation
Client agree that regardless of any law to the contrary, any claim or cause of action arising out of or related to use of the Plus1 applications, or this Agreement must be filed within one year after such claim or cause of action arises or be forever barred.
11.7. Captions Not Binding
The captions and numbering of this Agreement are a convenience only and have no legal effect.