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Terms and Conditions


PLEASE READ THIS SUBSCRIPTION SERVICE AGREEMENT (THE "AGREEMENT") CAREFULLY BEFORE USING THE SIRIDHI, LLC SOFTWARE. BY ACCESSING OR USING THE SOFTWARE VIA THE ON-LINE SERVICE PROVIDED BY SIRIDHI, LLC YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

Siridhi, LLC ("ServiceShoot") has developed certain technology, including a web-based software product called ServiceShootTM, for service order/project/item tracking and management via the Internet. You or the company on whose behalf You are entering into this Agreement desire to subscribe to the ServiceShoot Service (defined below) and ServiceShoot desires to provide access to the ServiceShoot Service to You on the terms and conditions set forth herein.

If You are entering into this Agreement on Your own behalf, then the term "You" and "Your" means the individual entering into this Agreement and such individual is personally bound by all of the terms and conditions of this Agreement. If You are entering into this Agreement on behalf of a company, You represent and warrant that You are a representative or agent of such company and that You have the authority to bind such company to the terms and conditions of this Agreement. If You are entering into this Agreement on behalf of a company, the term "You" and "Your" means such company and all of its directors, managers, officers, employees and agents.

ServiceShoot is willing to provide access to the ServiceShoot Service and related Documentation (defined below) to You only on the condition that You accept all of the terms and conditions set forth in this Agreement. By accessing or using the ServiceShoot Service or any part of the ServiceShoot System (defined below), You acknowledge that you have read this Agreement, understand it, and agree to be bound by it. If You do not agree to any of the terms or conditions set forth below, or any OTHER individual or company seeking to create a service similar to or competitive with the ServiceShoot service, ServiceShoot is unwilling to provide access to the ServiceShoot Service, and you should not access or use the ServiceShoot Software/Service.

1. Definitions.
In addition to those terms defined elsewhere in this Agreement, the following words and phrases in initial capital letters shall have the meanings set forth below:

1.1 "ServiceShoot Service" or "Service" means the online order/project/item tracking and management service delivered by ServiceShoot to You using the ServiceShoot System.

1.2 "ServiceShoot System" means the technology, including the hardware and software, used by ServiceShoot to deliver the ServiceShoot Service to You in accordance with this Agreement.

1.3 "Content" means all content located on or contained in the ServiceShoot website or any other website owned or controlled by ServiceShoot.

1.4 "Data" means all data, materials or information provided by You or your employees in connection with Your use of the ServiceShoot Service.

1.5 "Documentation" means the online materials, specifications or forms provided by ServiceShoot that describe the features, functionality or operation of the ServiceShoot Service and/or ServiceShoot System.

1.6 "Password" means the unique password assigned to each User for access to the ServiceShoot Service and the ServiceShoot System.

1.7 "Users" means You and/or Your employees, representatives, consultants, contractors or agents who are authorized to use the ServiceShoot Service on Your behalf pursuant to Your acceptance of this Agreement.

2. Grant of License.
During the Term of this Agreement and subject to the terms of this Agreement, ServiceShoot hereby grants to You (and any authorized Users) a non-sublicensable, non-transferable, non-exclusive right and license to access and use the ServiceShoot Service, in accordance with the Documentation and solely for Your internal business operations.

3. Your Use of the ServiceShoot Service; Restrictions on Use.
3.1 Access and Security Guidelines. You will choose or be provided with that number of Passwords corresponding to the number of licensed Users. You will be responsible for ensuring the security and confidentiality of your Passwords. Each Password may be assigned to and used by only one individual User. You will use best efforts to prevent unauthorized access to, or use of, the ServiceShoot Service, and will notify ServiceShoot promptly of any such unauthorized use. You will not use your access to the ServiceShoot Service to: (a) access or copy any data or information of other Service users without their written consent; (b) harvest, collect, gather or assemble information or data regarding other users without their written consent; (c) knowingly interfere with or disrupt the integrity or performance of the ServiceShoot Service or the data contained therein; or (d) harass or interfere with another customer's use and enjoyment of the ServiceShoot Service. You will, at all times, comply with all applicable local, state, federal, and foreign laws in Your use of the ServiceShoot Service.

3.2 Your Data. You are solely responsible for Your Data and You will not provide, post or transmit any Data or any other information, data or material that: (a) infringes or violates any intellectual property rights, publicity/privacy rights, law or regulation; or (b) contains any viruses or programming routines intended to damage, surreptitiously intercept or expropriate any system, data or personal information. ServiceShoot may take remedial action if Your Data violates this Section 3.2; however, ServiceShoot is under no obligation to review Your Data for accuracy or potential liability.

3.3 Restrictions on Use.
(a) You are responsible for all activities that occur under Your User accounts. You will not, and will not attempt to (directly or indirectly): (a) reverse engineer, disassemble or decompile any component of the ServiceShoot System or ServiceShoot Service or otherwise attempt to discover any source code, underlying ideas or algorithms contained in the ServiceShoot System or ServiceShoot Service; (b) interfere in any manner with the operation of the ServiceShoot Service or the ServiceShoot System; (c) allow a third party to access the ServiceShoot Service or ServiceShoot System; (d) rent, lease, distribute, sell, resell, assign or otherwise transfer to a third party any of Your rights under this Agreement; (e) use the ServiceShoot Service or ServiceShoot System for the benefit of a third party, for timesharing or to operate a service bureau; (f) copy, modify, translate or make derivative works based on any part of the ServiceShoot System, ServiceShoot Service or Documentation; (g) create Internet "links" to or from the ServiceShoot Service or ServiceShoot System, or "frame" or "mirror" any of ServiceShoot's content which forms part of the ServiceShoot Service (other than on Your own internal intranets); (h) remove, cover, alter or obfuscate any logos, trademarks, internet links, confidentiality or proprietary rights notices, or any other notices or markings placed on or displayed by the ServiceShoot System, ServiceShoot Service or the Documentation; (i) publish or disclose to third parties the results of any evaluation or benchmark test run on the ServiceShoot System or ServiceShoot Service without ServiceShoot's prior written consent; or (i) otherwise use the ServiceShoot Service or ServiceShoot System in any manner that exceeds the scope of use permitted under this Agreement.

(b) You shall not and shall not allow any Users to (i) perform any technical security integrity review, penetration test, load test, denial-of-service simulation or vulnerability scan on the ServiceShoot Service or ServiceShoot System without ServiceShoot's prior written consent, or (ii) use any software tool designed to automatically emulate the actions of a human user (such tools are commonly referred to as "Robots") in conjunction with the ServiceShoot Service or ServiceShoot System. Common Robots include, but are not limited to, Loadrunner, Winrunner, Silk Performer, Rational Robot, QALoad and WebLOAD and such programs are commonly used for purposes of data entry, data loading, data migration, load testing, performance testing, performance monitoring, performance measuring and stress testing. If You or any User uses a Robot, including those listed above or other similar programs, in connection with the ServiceShoot Service or ServiceShoot System for the purposes listed above or any other purpose, it shall constitute a material breach of this Agreement.

(c) You may not use the ServiceShoot Service or ServiceShoot System for spamming, chain letters, junk mail or distribution lists to contact any person who has not given specific permission to be included in such list. You agree not to transmit, or permit Users to transmit, through the ServiceShoot Service or ServiceShoot System, any unlawful, harassing, libellous, abusive, threatening, vulgar, obscene or otherwise objectionable material of any kind. You agree to only use the ServiceShoot Service and ServiceShoot System for lawful purposes, in compliance with all applicable laws including, without limitations, copyright, trademark, obscenity and defamation laws. Unlawful activities may include, but are not limited to, storing, distributing or transmitting any unlawful material, attempting to compromise the security of any networked account or site, or making direct threats of physical harm.

3.4 System Availability
ServiceShoot does not warrant that the Service will be uninterrupted, timely or error free. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through the ServiceShoot System. Redistribution or republication of any part of the Service or its Content is prohibited.

4. Ownership.
4.1 ServiceShoot Technology. You acknowledge and agree that ServiceShoot or its suppliers retain all right, title and interest in and to (i) the ServiceShoot System, ServiceShoot Service, Documentation and all other software, materials, formats, interfaces, information, content and proprietary information and technology used by ServiceShoot or provided to You in connection with the ServiceShoot Service, (ii) all modifications and/or enhancements to the ServiceShoot System or ServiceShoot Service, (iii) the Content, (iv) all suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by You or learned as a result of Your use of the ServiceShoot Service, (v) all transactional and performance data related to the use of the ServiceShoot System and the ServiceShoot Service which ServiceShoot may collect, use and disclose for its business purposes (including for purposes of software use optimization and product marketing) provided that such use does not reveal Your identity, any of Your Confidential Information, or any other personally identifiable information that belongs to You; (vi) all custom developed documents, designs, computer programs, computer documentation and other tangible materials created or prepared by ServiceShoot at your request pursuant to a separate, written statement of work; and (vii) the ServiceShoot logo, and the product and service names associated with the ServiceShoot Service or otherwise contained on the ServiceShoot website, all of which are trademarks of ServiceShoot (all of the foregoing being referred to herein collectively as, the "ServiceShoot Technology"). You acknowledge and agree that the ServiceShoot Technology is comprised of intellectual property rights owned by or licensed to ServiceShoot all of which are protected by intellectual property laws. Other than as expressly set forth in this Agreement, no license or other rights in the ServiceShoot Technology are granted to You, and all such rights are hereby expressly reserved by ServiceShoot.

4.2 Your Data. You retain all right, title and interest in and to Your Data. You grant to ServiceShoot all necessary licenses in and to such Data solely as necessary for ServiceShoot to provide the ServiceShoot Service to You or as required by law. You will be solely responsible for providing all Data required for the proper operation of the ServiceShoot Service. Except as described in Section 4.1 above, ServiceShoot will not knowingly use or access any of Your Data unless authorized to do so by You and, in such circumstances, ServiceShoot will access and use Your Data only as required to perform services on Your behalf.

5. Term and Termination.
5.1 Term. This Agreement will commence upon You accessing the ServiceShoot Service or ServiceShoot System and will continue in effect unless and until expiration or terminated pursuant to these terms (the "Term").

5.2 Termination. Either party may terminate this Agreement and Your subscription to the ServiceShoot Service at any time and for any reason or no reason at all. You may terminate this Agreement and Your subscription directly on the ServiceShoot website.

5.3 Obligations After Termination. Upon termination of this Agreement for any reason: (a) each party will return to the other, or destroy, all Confidential Information and other property of the other party in its possession or under its control. ServiceShoot agrees that upon any termination of this Agreement, ServiceShoot will allow You to access, without the right to modify, enhance or add to, Your Data (either through on-line access or an off-line mechanism provided by ServiceShoot, at ServiceShoot's discretion) for five (5) days after termination. Thereafter, ServiceShoot will remove all of Your Data from the ServiceShoot System. Any such termination shall not limit any other rights or remedies which ServiceShoot may hold, all of which are hereby reserved.

7. Warranty; Disclaimer of Warranties; Liability Disclaimer.
7.1 ServiceShoot Warranty. ServiceShoot warrants that the ServiceShoot Service will perform substantially in accordance with the Documentation during the Term of this Agreement (the "Limited Warranty"). In the event of a breach of the Limited Warranty, ServiceShoot's entire liability and Your exclusive remedy shall be - to correct of the ServiceShoot Service so that it performs substantially in accordance with the Documentation at a later date.

7.2 Disclaimer of Warranties. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 7.1 ABOVE, THE SERVICESHOOT SERVICE, THE SERVICESHOOT SYSTEM AND ALL OTHER DATA, MATERIALS AND DOCUMENTATION PROVIDED OR MADE AVAILABLE BY SERVICESHOOT IN CONNECTION WITH THIS AGREEMENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. SERVICESHOOT MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. SERVICESHOOT DOES NOT WARRANT THAT THE SERVICESHOOT SERVICE WILL BE PROVIDED ERROR-FREE, UNINTERRUPTED, COMPLETELY SECURE OR VIRUS-FREE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICESHOOT SERVICE IS DONE AT YOUR RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR NETWORK, OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICESHOOT SERVICE.

7.3 Liability Disclaimer. Access and/or use ServiceShoot at your own risk. If your use of ServiceShoot or the materials therein results in the need for servicing or replacing property, material, equipment or data, neither ServiceShoot nor its affiliates are responsible for those costs.
IN NO EVENT WILL SERVICESHOOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, CLAIMS SOUNDING IN CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTY OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO, INTERRUPTED COMMUNICATIONS, LOST OR INACCURATE DATA, OR LOST PROFITS, AND DAMAGES THAT RESULT FROM INCONVENIENCE, OR LOSS OF USE OF ANY INFORMATION OR DATA OF THE SERVICESHOOT SYSTEM OR SERVICESHOOT SERVICE, EVEN IF SERVICESHOOT HAS BEEN ADVISED OF, OR OTHERWISE SHOULD HAVE BEEN AWARE OF, THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY PROVIDED HEREIN.

8. Indemnity.
8.1 Indemnity by ServiceShoot.

8.1.1 ServiceShoot will defend, indemnify and hold You harmless from all claims, losses, demands, liabilities, damages or judgments awarded by a court of appropriate and final jurisdiction, or any settlements, including all reasonable costs and expenses related thereto (including reasonable attorneys' fees), arising out of any third party claims that the ServiceShoot Service or the ServiceShoot System infringes or misappropriates any presently existing United States patent, copyright, trademark or trade secret held by such third party, provided that and so long as: (a) You use the ServiceShoot Service and the ServiceShoot System in accordance with the Documentation; (b) You have adhered to Your obligations under this Agreement; and (iii) You promptly notify ServiceShoot in writing of any such claim, suit or proceeding and permit ServiceShoot to control the defense or settlement thereof and cooperate in the defense or settlement thereof.

8.1.2 ServiceShoot will have the option, at its expense, to employ counsel of its choosing to defend against such claim and to compromise, settle or otherwise dispose of the claim; provided, however, that no compromise or settlement of any claim admitting liability of or imposing any obligations upon You may be affected without Your prior written consent. You shall have the option to be represented by counsel at Your own expense.

8.1.3 You shall cooperate fully in such actions, making available employees, books and records reasonably necessary for the defense of such claim. If ServiceShoot refuses to defend or does not make known to You its willingness to defend against such claim within thirty (30) days after it receives notice thereof, then You shall be free to investigate, defend, compromise, settle or otherwise dispose of such claim in Your best interest and incur other costs in connection therewith, all at the expense of ServiceShoot.

8.1.4 Should You be permanently enjoined by a court of competent jurisdiction from continued use of the ServiceShoot Service because it infringes or misappropriates a third party's presently existing United States copyright, patent, trademark or trade secret, ServiceShoot will (at ServiceShoot's discretion): (i) obtain the appropriate licenses for You to continue to use the ServiceShoot Service; (ii) provide You with a non-infringing service equivalent to the ServiceShoot Service in terms of functionality and performance.

8.1.5 ServiceShoot will have no obligation under this Section 8.1 with respect to any claim of infringement or misappropriation of a third party's proprietary rights to the extent such claim arises as a direct or indirect result of (a) any use of the ServiceShoot Service or ServiceShoot System in a manner other than as authorized in this Agreement; (b) any use of the ServiceShoot Service or ServiceShoot System in combination with other products, equipment, devices, software, systems or data not supplied by ServiceShoot to the extent such claim is directed against such combination; or (c) any alteration, modification or customization of the ServiceShoot Service or ServiceShoot System made by any party other than ServiceShoot if such infringement or misappropriation would not have occurred without such alteration, modification or customization. THIS SECTION 8.1 SETS FORTH THE ENTIRE OBLIGATION OF SERVICESHOOT AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIM OF INFRINGEMENT OR MISAPPROPRIATION.

8.2 Indemnity by You. You shall indemnify, defend and hold ServiceShoot harmless from all claims, losses, demands, liabilities, judgments, damages and costs (including reasonable attorneys' fees) arising from or relating to (a) use of the ServiceShoot Service or ServiceShoot System (including claims by any of Your customers or business partners) by You or any third party using a Password assigned to You; (b) a breach by You of any of Your obligations, representations, warranties or covenants contained in this Agreement; or (c) any claim alleging that Your Data, or the use of Your Data pursuant to this Agreement, infringes, misappropriates or violates the intellectual property or any other rights of a third party or otherwise causes harm to a third party.

9. Confidentiality.
9.1 Confidential Information. During the Term of this Agreement, each party will have access to certain information and materials concerning the other party's technology, business plans, and customers that are confidential and of substantial value to such party, which value would be impaired if such information were disclosed to third parties ("Confidential Information"). Confidential Information of ServiceShoot shall include, without limitation, information specifically designated as confidential, the features and functions of the ServiceShoot Service and ServiceShoot System that are not available to the general public (including screen shots of the same), future product plans, the Documentation, performance and security test results (whether conducted by ServiceShoot or You), and any other proprietary, financial or business information supplied to You by ServiceShoot or learned by You in connection with this Agreement or Your subscription to the ServiceShoot Service. Except as otherwise expressly authorized under this Agreement, the receiving party hereunder: (i) shall not use any Confidential Information of the other party except as required to fulfill its responsibilities hereunder; (ii) shall not disclose the other party's Confidential Information to any third party; (iii) shall not be given any right, title, interest or license in or to any Confidential Information of the other party; and (iv) shall use all reasonable means to protect and maintain the secrecy of the other party's Confidential Information. Notwithstanding the foregoing, "Confidential Information" shall not include either party's information which is: (a) generally available to the public; (b) already in the receiving party's possession as of the commencement of this Agreement without restriction; (c) received by the receiving party from a third party not in violation of an obligation of confidentiality; (d) developed independently by either party without reference to the other party's Confidential Information; (e) the subject of the disclosing party's written consent authorizing disclosure; or (f) required to be disclosed by the receiving party by applicable law or legal process, provided that the receiving party immediately notifies the disclosing party so that the disclosing party may take steps to limit or prevent its disclosure. In the event of a breach of this Section, the parties agree that the non-breaching party will suffer irreparable harm and the total amount of monetary damages for any injury to the non-breaching party will be impossible to calculate and would therefore be an inadequate remedy. Accordingly, the parties agree that the non-breaching party shall be entitled to temporary, preliminary and permanent injunctive relief against the breaching party, its officers, managers, directors, employees and agents, in addition to such other rights and remedies to which it may be entitled at law or in equity.

9.2 Personal Information. ServiceShoot will not sell, share or rent your personal information to any third party or use your email address for unsolicited mail. Any emails sent to You by ServiceShoot will be in connection with your subscription to the ServiceShoot Service or other services offered by ServiceShoot.

10. Miscellaneous.
10.1 Log Files. ServiceShoot uses IP addresses to analyze trends, administer the ServiceShoot website, track users' movements, and gather broad demographic information for aggregate use. IP addresses are not linked to any personally identifiable information. In addition, for purposes of systems administration, detecting usage patterns and troubleshooting, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. Such information is not shared with third parties and is used only within ServiceShoot on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way other than as authorized in this Agreement without Your express permission.

10.2 Cookies. ServiceShoot uses cookies for purposes of retrieving user details for each user visit. Cookies are used in some areas of our website to enable the functionality of such areas and to provide ease of use for visitors. Some of our affiliate partners may also use cookies.

10.3 Links. ServiceShoot does not monitor or review the content of any third party websites which are linked to or from the ServiceShoot website. Opinions expressed or material appearing on such third party websites are not necessarily shared or endorsed by ServiceShoot, and ServiceShoot should not be regarded as the publisher of such opinions or material. ServiceShoot is not responsible for the privacy practices, or content, of these third party websites. ServiceShoot encourages its users to be aware when they leave the ServiceShoot website and to read the privacy policies of any third party websites they enter. You should evaluate the security and trustworthiness of any other website connected to the ServiceShoot website or accessed through this website yourself, before disclosing any personal information to them. ServiceShoot will not accept any responsibility for any loss or damage in whatever form or manner, howsoever caused, resulting from your disclosure of personal information to third parties.

10.4 Publicity. If You enter into this Agreement and become a subscriber of the ServiceShoot Service, You agree that ServiceShoot may disclose to the public that you are a subscriber of the ServiceShoot Service. You further agree that ServiceShoot may reference You, along with Your logo, on the customer section of ServiceShoot's website until such time as Your use of the ServiceShoot Service is discontinued.

10.5 Communication. ServiceShoot maintains several different email addresses for queries on different topics. Such email addresses and other ServiceShoot contact information can be found on the Contact Us link located on the ServiceShoot website or via ServiceShoot literature.

10.6 Notification of Changes. ServiceShoot reserves the right to modify the terms and conditions of this Agreement or its policies relating to the ServiceShoot Service at any time, effective upon posting of an updated version of this Agreement or the applicable policy on the ServiceShoot website or ServiceShoot Service. You are responsible for regularly reviewing this Agreement and any applicable policies. Continued use of the ServiceShoot Service after any such changes will constitute Your consent to such changes. If there are any changes in how ServiceShoot uses Your personally identifiable information, it will notify You by email.

10.7 Force Majeure. Neither party shall be in default by reason of any failure in the performance of this Agreement if such failure arises, directly or indirectly, out of causes reasonably beyond the direct control or foreseeability of such party, including but not limited to, third-party computer or telecommunications equipment or software failures, default by subcontractors or suppliers, acts of God or of the public enemy, domestic or foreign governmental acts, labor, fire, flood, epidemic, strikes, and/or freight embargoes.

10.8 General. This Agreement is governed by the laws of the State of Georgia, without reference to its conflicts of laws principles. This Agreement sets forth the entire understanding and agreement between the parties and supersedes any prior or contemporaneous discussions, understandings, orders, requests or statements regarding the subject matter hereof. No provision of this Agreement shall be modified, supplemented or waived without the express written agreement of ServiceShoot. This Agreement shall be binding upon and inure to the benefit of ServiceShoot's and Your successors and permitted assigns. You agree that ServiceShoot is providing these Services as an independent contractor and nothing herein shall be deemed to constitute a partnership, joint venture or other business collaboration. In the event of a dispute between ServiceShoot and You where the parties are unable to reach a mutually agreeable resolution, the dispute shall be submitted to binding arbitration under the expedited commercial arbitration rules of the American Arbitration Association then in effect; provided, however, that ServiceShoot shall be entitled to avail itself of injunctive and other equitable rights and remedies in a court of competent jurisdiction in order to protect its rights and interests. Arbitrations shall take place in Portland, Maine. There shall be one (1) arbitrator mutually agreed to by both parties (if the parties are unable to agree on a single arbitrator, the arbitrator shall be chosen in accordance with the rules of the American Arbitration Association); such arbitrator shall have experience in the area of the dispute. Payment of the expenses of arbitration, including attorneys' fees and the fee of the arbitrator, shall be assessed by the arbitrator based on the extent to which each party prevails. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. The failure of ServiceShoot to enforce any right or provision in this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by ServiceShoot in writing. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Any legal action or proceeding between ServiceShoot and/or its affiliates and you related to this Agreement shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Fulton County of Georgia.

10.10 Survival. Sections 1, 3, 4, 5.3, 7.2, 7.3, 8.2, 9 and 10 of this Agreement shall survive the termination or expiration of this Agreement for any reason.
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