SCHEMESERVE (ADM NETWORK LTD) TERMS OF SERVICELast modified: 26th June 2019These conditions (Conditions) shall be incorporated into each contract (Contract) between ADM Network Ltd (ADM) and the customer (Customer) for which purpose any reference to Contract is deemed to include the Customer’s service order form (Service Order Form), these Conditions and any  additional  policies,  guidelines  and  notices  (Policies)  incorporated  into  the  Contract  by  ADM  and  any  reference  to  Customer  shall  mean  the  person,  business  or  company  named  on  the  Service  Order  Form.  ADM  reserves  the  right  to  revise  the  Conditions,  the  Payment  Terms  and/or  the  Policies  from  time  to  time  the  most  current  versions  of  which  can  be  found  at  https://www.schemeserve.com/docs/TermsOfService.pdf.  The Conditions  are  effective  between  the  Customer  and  ADM  as  of  the  date  of  the  Customer  accepting  these  Conditions.  The  Customer  may  be  expected to accept the latest copy of these Conditions before renewing the Contract.1.ADM SERVICES, OBLIGATIONS & RESPONSIBILITIES1.1ADM offers the Customer use of ADM’s products, software, website, and services (Services) for the Term (as defined below) subject to the terms  of  the  Contract  and  the  Customer  not  being  barred  from  receiving  the  Services  under  the  laws  of  the  United  Kingdom  or  other  jurisdiction. The Customer shall, if requested by ADM, provide current and accurate identification, contact, and other information as part of the registration process and/or continued use of the Services.1.2The Customer is solely responsible for maintaining confidentiality of user account passwords and for maintaining passwords that cannot be easily guessed or cracked and is responsible for all activities that occur under the Customer’s account. The Customer shall immediately notify ADM of any unauthorized use of account passwords or account or any other breach of security. ADM will not be liable to the Customer or anyother party for any loss or damage arising from the Customer’s failure to provide accurate information or to keep passwords secure.1.3ADM Responsibilities. ADM shall: (i) provide our basic support for the Services to the Customer at no additional charge, and/or upgraded support if purchased separately, (ii) use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, except for: (a) planned downtime (of which ADM shall give at least 8 hours’ notice via email or via the Services and which ADM shall schedule to the extent practicable during the weekend hours from 6:00 p.m. Friday to 3:00 a.m. Monday Greenwich Mean Time), or (b) any unavailability caused by circumstances beyond the reasonable control of ADM, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labour problems (other than those involving ADM employees), Internet service provider failures or delays, or denial of service attacks, and (iii) provide the Services only in accordance with applicable laws and government regulations.1.4ADM Protection of Customer Data. ADM shall maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Customer data. We shall not (a) modify Customer data, (b) disclose Customer data except as compelled by law in accordance with clause 5.1 or as expressly permitted in writing by the Customer, or (c) access Customer data except to provide the Services and prevent or address service or technical problems, or at Customer request in connection with customer support matters.1.4.1 The latest ADM Data Protection and GDPR Addendum forms part of and should be read in conjunction with these Conditions. It can be found at https://www.schemeserve.com/docs/DataProtectionAddendum.pdf1.5ADM Warranties. ADM warrant that the Services shall perform materially in accordance with the application online ADM help guide except in the case of integration with non-ADM or third-party services and that the functionality of the Services will not be materially decreased during the Term.2.DURATION AND FREE TRIAL2.1The  Contract  shall  commence  on  the  date  specified  in  the  Service  Order  Form  (Service  Commencement  Date)  and  shall  continue  until  terminated in accordance with clause 12 (Termination). When specified by ADM in the Service Order Form or when specified by relevant ADM website materials that form part of an online trial signup process the first Calendar Month of the Term shall be a free trial period (Free Trial Period).  The  Customer’s  right  to  terminate  the  Contract  during  the  Free  Trial  Period  is  set  out  in  clause  12  (Termination).  The  payment  exclusion in respect of the Free Trial Period is set out in clause 3. 2.2For the purposes of these Conditions a calendar month shall commence on and be inclusive of a given day in a given month and shall expire at  the  end  of  the  period  of  days  equal  to  the  number  of  days  in  the  month  following  the  month  in  which  that  calendar  month  commenced  (Calendar Month) and each subsequent Calendar Month shall run consecutively from the Calendar Month immediately preceding it. For the purpose of the Contract the first Calendar month shall commence on the Service Commencement Date.3.FEES AND PAYMENT3.1The  monthly  payments  shall  be  set  out  in  the  Service  Order  Form  and  shall  be  payable  by  the  Customer  in  advance  on  a  Calendar  Monthly basis with each such payment to be made no later than the day immediately preceding the Calendar Month to which the monthly payment in question relates provided that no monthly payment shall accrue or be payable in respect of the Free Trial Period. For the avoidance of doubt where there is a Free Trial Period the first monthly payment relates to the second Calendar Month of the Term and must be paid no later than the last day of the Free Trial Period. When there is no Free Trial Period the first monthly payment is due on the Service Commencement Date.3.2Any  commission  payments  agreed  between  the  parties  shall  be  payable  in  accordance  with  the  rates  set  out  in  the  service  Order  Form  and  shall  be  payable  by  the  Customer  in  arrears  on  a  Calendar  Monthly  basis.  Commission  payments  shall  be  invoiced  by  ADM  at  any  time following the Calendar Month to which the Commission Payment in question relates and shall be payable by the Customer within 30 days of the date of the invoice provided that no monthly payment shall accrue or be payable in respect of the Free Trial Period.3.3Subject  to  any  alternative  arrangement  agreed  in  writing  between  the  parties  all  monthly  payments  shall  be  paid  by  Direct  Debit  for  which  purpose the Customer shall complete the Direct Debit mandate supplied by ADM to the Customer in enough time and with enough detail and accuracy to enable monthly payments to be made in accordance with the Contract. ADM reserves the right to require the Customer to comply with this clause prior to the Service Commencement Date.3.4For the avoidance of doubt where the Customer has validly exercised its right to terminate during the Free Trial Period the Customer will not be liable for any monthly fee or any commission payment nor will the Customer be in breach of the obligation set out in clause 3.3.
3.5All monthly payments and commission payments are exclusive of VAT. Where any payment due from Customer to ADM is late, interest will be charged to the Customer at an annual rate of 5% above the Bank of England Base rate applicable from time to time which shall accrue daily from the date of such default to the date the payment in question is received by ADM in cleared funds during which time ADM reserves the right to suspend the Services until payment is brought up to date. ADM reserves the right to vary the monthly payments from time to time. Monthly payments within a Contracted minimum Term may only be adjusted as stated in that Contract.3.6APPROPRIATE CONDUCT3.7The  Customer  accepts  that  all  information,  data,  text  (including  but  not  limited  to  HTML,  CSS  and  JavaScript),  software,  music,  sound, photographs,  graphics,  video,  messages  or  other  materials  (Content)  are  the  sole  responsibility  of  the  person  from  which  such  Content  originated.  ADM  reserves  the  right,  but  shall  have  no  obligation,  to  pre-screen,  flag,  filter,  refuse,  modify  or  move  any  Content  made  available via the Services. The Customer accepts that it may be exposed to Content that is offensive, indecent or objectionable, and that the Customer uses the Services at its own risk.3.8The Customer shall be liable for its own conduct and any Content that it creates, transmits or displays while using the Services and for any consequences thereof. The Customer agrees to use the Services only for purposes that are legal, proper and in accordance with the Contract. The  Customer  agrees  to  not  engage  in  any  activity  that  interferes  with  or  disrupts  the  Services  or  servers,  or  networks  connected  to  the  Services. To report any activity or Content that may violate the terms of the Contract, please contact us via https://www.schemeserve.com or via normal support channels. 3.9The Customer undertakes to observe and comply with any Policies which form part of the Contract from time to time. Customers outside of the  United  Kingdom  agree  to  comply  with  their  own  local  rules  regarding  online  conduct  and  acceptable  content,  including  laws  regulating  the export of data to and from the United Kingdom or Customer's country of residence.4.ADM PRIVACY POLICY4.1ADM’s  privacy  policy  (Privacy  Policy)  shall  be  deemed  to  have  been  incorporated  into  all  Contracts.  For  information  about  ADM’s  Privacy  Policy please refer to https://www.schemeserve.com/privacy-policy. By using the Services, the Customer acknowledges and agrees that ADM may access, preserve, and disclose its information relating to its user accounts and any Content associated with those accounts if required to do  so  by  law  or  in  a  good  faith  belief  that  such  access  preservation  or  disclosure  is  reasonably  necessary  to:  (a)  satisfy  any  applicable  law,  regulation, legal process or enforceable governmental request, (b) enforce the Contract, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), or (d) protectagainst imminent harm to the rights, property or safety of ADM, its   users or the public as required or permitted by law.4.2The  Customer  accepts  that  the  technical  processing  and  transmission  of  the  Services,  including  the  Customer’s  Content,  may  involve  (a)  transmissions  over  various  networks;  and  (b)  changes  to  conform  and  adapt  to  technical  requirements  of  connecting  networks,  devices  or  services. The Customer also understands and agrees that the person or people in its organization who manage the Services may have access to its account and its content and may suspend or terminate the Customer’s account access and Customer's ability to modify the Customer's account.5.PROPRIETARY RIGHTSADM's Rights5.1The Customer acknowledges and agrees that the Services and any necessary software used in connection with the Services (Software) contain proprietary  and  confidential  information  that  is  protected  by  applicable  intellectual  property  and  other  laws  and  treaties.  The  Customer  further  acknowledges  and  agrees  that  Content  contained  in  sponsor  advertisements  or  presented  to  the  Customer  through  the  Services  is  protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by ADM or other proper third-party rights holders, the Customer agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on Content, the Services or Software, in whole or in part except as specifically authorized in a separate written agreement.5.2Subject to the other provisions of the Contract, ADM grants the Customer a non-transferable and non-exclusive right and license to use the object  code  of  its  Software;  provided  that  the  Customer  does  not  (and  does  not  allow  any  third  party  to)  copy,  modify,  create  a  derivative  work  of,  reverse  engineer,  reverse  assemble  or  otherwise  attempt  to  discover  any  source  code,  sell,  assign,  sublicense,  grant  a  security  interest in or otherwise transfer any right in the Software, unless such activity is expressly permitted or required by law or has been expressly authorized  by  ADM  in  writing.  The  Customer  agrees  not  to  use  modified  versions  of  the  Software,  including  (without  limitation)  for  the  purpose of obtaining unauthorized access to the Services. The Customer agrees not to access the Services by any means other than through the interface that is provided by ADM for use in accessing the Services except as specifically authorized in a separate written agreement.5.3Except  as  expressly  authorized  by  ADM  the  Customer  agrees  not  to  use,  copy,  imitate,  or  incorporate  any  trademark,  service  mark,  trade  dress,  company  name,  or  product  name  in  a  way  that  is  likely  to  cause  confusion  among  consumers.  The  Customer  also  agrees  not  to remove, obscure, or alter ADM’s or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Services or Software.Customer Rights5.4ADM  claims  no  ownership  or  control  over  any  Content  submitted,  posted  or  displayed  by  the  Customer,  or  the  Customers  Clients  on  or  through  the  Services.  The  Customer  or  a  third-party  licensor,  as  appropriate,  retain  all  patent,  trademark  and  copyright  to  any  Content  the  Customer submits, posts or displays on or through the Services and the Customer is responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through the Services which are intended to be available to the members of the public, the Customer grants ADM a worldwide, non-exclusive, royalty-free license to reproduce, adapt, modify, publish and distribute such Content for the purpose of displaying, distributing, providing and promoting the Services. ADM reserves the right to syndicate Content submitted, posted or displayed by the Customer on or through the Services and use that Content in connection with the Services or any service offered by ADM. ADM furthermore reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion and will advise Customer prior to taking such action.5.5The  Customer  represents  and  warrants  that  it  has  all  the  rights,  power  and  authority  necessary  to  grant  the  rights  granted  herein  to  any  Content submitted.6.SOFTWARE AND AUTOMATIC UPDATES6.1The Customer use of any Software provided by ADM will be governed by the Conditions and any additional terms and conditions of any end user license agreement accompanying such Software. ADM Software may automatically report version number or other diagnostic information and  may  automatically  download  upgrades  to  the  Software  to  update,  enhance  and  further  develop  ADM  Services,  including  providing  bug  fixes, patches, enhanced functions, missing plug-ins and new versions.
7.POLICIES REGARDING COPYRIGHT AND TRADEMARKS7.1It is ADM’s policy to respond to notices of alleged infringement that comply with the European Union Copyright Directive or other applicable law and to terminating the accounts of repeat infringers.7.2For  information regarding ADM’s trademark complaint procedure, please contact ADM via our website  https://www.schemeserve.com.  Any  use of ADM's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features must be in compliance with the  Conditions  and  in  compliance  with  ADM's  then  current  Brand  Feature  use  guidelines,  and  any  content  contained  or  reference  therein, which are expressly incorporated into the Contract, copies of which can be requested via ADM’s website https://www.schemeserve.com or by writing to ADM at the mailing address found on the aforementioned website.8.GENERAL PRACTICES REGARDING USE AND STORAGE8.1The  Customer  agrees  that  ADM  has  no  responsibility  or  liability  for  failure  to  store  any  Content  and  other  communications  maintained  or  transmitted  via  the  Services.  The  Customer  acknowledges  that  ADM  may  have  set  no  fixed  upper  limit  on  the  number  of  transmissions  the  Customer  may  send  or  receive  through  the  Services  or  the  amount  of  storage  space  used;  however,  ADM  retains  the  right,  at  its  sole  discretion, to create limits at any time with or without notice.8.2Notwithstanding clause 12.5, upon the termination of the Customer's use of the Services ADM will close its account and the Customer will no longer be able to retrieve content contained in that account.9.REASONABLE USE9.1The  Customer  agrees  to  use  the  Services  solely  for  reasonable  business  use  or  personal  use  and  the  Customer  agrees  not  to  reproduce,  duplicate,  copy,  sell,  trade,  resell  or  exploit  for  any  commercial  purposes,  any  portion  of  the  Services,  use  of  the  Services,  or  access  to  the  Services except as otherwise expressly provided for under the Contract or as specifically authorized in a separate written agreement.10.MODIFICATIONS TO SERVICE10.1ADM  reserves  the  right  at  any  time  to  permanently  discontinue  the  Services  (or  any  part  thereof)  giving  90  days’  notice  except  during  the  agreed minimum term (Minimum Term) specified in the Service Order Form in which case the Customer agrees that ADM shall not be liable to the Customer or to any third party for any modification, suspension or discontinuance of the Services (or any part thereof).11.TERMINATION11.1The Customer may terminate the Contract (a) by giving no less than 3 days written notice to expire no later than the last day of the Free Trial Period or (b) by giving no less than 90 days written notice in writing to expire on or after the last day of the minimum term specified in the Service Order Form.11.2In the event of continued use of the Services by the Customer at any time following the seventh day after the last day of the minimum term specified in the Service Order Form these Conditions will remain in force and the last renewal proposal sent to the Customer by ADM will be deemed to have been accepted.11.3ADM  may  terminate  the  Contract  for  any  reason  by  giving  not  less  than  30  days  written  notice  to  expire  on  or  after  the  last  day  of  the  Minimum Term.11.4ADM may terminate the Contract with immediate effect by notice in writing if the Customer is in breach of any part of the Contract in which case the Customer shall remain liable for all monthly payments which would otherwise have been payable during the Minimum Term unless the  right  to  terminate  afforded  by  this  clause  is  exercised  by  ADM  prior  to  the  latest  date  the  Customer  could  have  exercised  its  right  to  terminate during the Free Trial Period in which case the Customer shall have no liability for monthly fees or commission Payments.11.5In the event of termination for any reason, the Customer account will be disabled, and the Services shall cease, and the Customer may not be granted  access  to  the  Services,  the  Customer's  account  or  any  files  or  other  content  contained  in  Customer's  account.  Sections  12  (Termination),  14  (Indemnity),  15  (Disclaimer),  16  (Limitation  of  Liability),  17  (Exclusions  and  Limitations)  and  20  (including  choice  of  law,  severability and statute of limitations), of the Conditions, shall survive expiration or termination.11.6In the event of termination for any reason, if requested by the Customer ADM will provide an electronic CSV (Comma Separated Values) file or files of Customer’s data pertaining to clients, insurance risks and claims experience within 28 days of such request being made.12.LINKS12.1ADM may provide, or third parties may provide, links to other World Wide Web sites or resources. ADM may have no control over such sites and resources and the Customer acknowledges and agrees that ADM is not responsible for the availability of such external sites or resources and  does  not  endorse  and  is  not  responsible  or  liable  for  any  Content,  advertising,  products,  or  other  materials  on  or  available  from  such  sites or resources. The Customer further acknowledges and agrees that ADM shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services  available  on or through any such site or resource.13.INDEMNITY13.1The Customer agrees to hold harmless and indemnify ADM, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers  or  partners,  (collectively  "ADM  and  Partners")  from  and  against  any  third  party  claim  arising  from  or  in  any  way  related  to  the  Customer's use of the Services, any breach of the Contract or any other actions connected with use of the Services, including any liability or expense  arising  from  all  claims,  losses,  damages  (actual  and  consequential),  suits,  judgments,  litigation  costs  and  attorneys'  fees,  of  every  kind and nature. In such a case, ADM will provide the Customer with written notice of such claim, suit or action.
14.DISCLAIMER14.1THE CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT NOTWITHSTANDING CLAUSES 1.3 AND 1.5:a)CUSTOMER  USE  OF  THE  SERVICES  IS  AT  THE  CUSTOMER'S  SOLE  RISK.  THE  SERVICES  ARE  PROVIDED  ON  AN  "AS  IS"  AND  "AS  AVAILABLE"  BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ADM AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY  KIND,  WHETHER  EXPRESS  OR  IMPLIED,  INCLUDING,  BUT  NOT  LIMITED  TO  THE  IMPLIED  WARRANTIES  AND  CONDITIONS  OF  MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.b)ADM  AND  PARTNERS  DO  NOT  WARRANT  THAT  (i)  THE  SERVICES  WILL  MEET  CUSTOMER  REQUIREMENTS,  (ii)  ADM  SERVICES  WILL  BE  UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ADM SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY  THE  CUSTOMER  THROUGH  ADM  SERVICES  WILL  MEET  CUSTOMER  EXPECTATIONS,  AND  (v)  ANY  ERRORS  IN  THE  SOFTWARE  WILL  BE  CORRECTED.c)ANY  MATERIAL  DOWNLOADED  OR  OTHERWISE  OBTAINED  THROUGH  THE  USE  OF  ADM  SERVICES  IS  DONE  AT  THE  CUSTOMER'S  OWN  DISCRETION  AND  RISK  AND  THAT  THE  CUSTOMER  WILL  BE  SOLELY  RESPONSIBLE  FOR  ANY  DAMAGE  TO  THE  CUSTOMER'S  COMPUTER  SYSTEMS OR OTHER DEVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.d)NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE CUSTOMER FROM ADM OR THROUGH OR FROM ADM SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.15.LIMITATION OF LIABILITY15.1THE CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT ADM AND PARTNERS SHALL NOT BE LIABLE TO THE CUSTOMER FOR ANY  INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADM OR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE ADM SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM ADM SERVICES; (iii) UNAUTHORISED ACCESS TO OR ALTERATION OF CUSTOMER'S TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY OR ADM SERVICES; OR (v) ANY OTHER MATTER RELATING TO ADM SERVICES.16.EXCLUSIONS AND LIMITATIONS16.1NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 14 AND 15 WHICH ARE LAWFUL IN THE CUSTOMER'S JURISDICTION WILL APPLY TO CUSTOMER AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.17.NO THIRD-PARTY BENEFICIARIES17.1The Customer agrees that, except as otherwise expressly provided in the Conditions, there shall be no third-party beneficiaries to the Conditions except where the Customer has made a prior written request to ADM which has been agreed in writing by an authorised representative of ADM.18.NOTICE18.1The Customer agrees that ADM may provide the Customer with any notices, including but not limited to those regarding changes to the Conditions, by email, regular mail, or postings via the Services.19.GENERAL INFORMATIONEntire Agreement19.1The Contract constitutes the entire agreement between the Customer and ADM and govern the Customer's use of the Services, superseding any prior agreements between the Customer and ADM for the use of the Services. The Customer also may be subject to additional terms and conditions that may apply when the Customer uses or purchases certain other Services (not provided for in the Contract), affiliate services, third-party content or third-party software.Choice of Law and Forum19.2The Contract and the relationship between the Customer and ADM shall be governed by the laws of the United Kingdom – England and Wales without regard to its conflict of law provisions. The Customer and ADM agree to submit to the personal and exclusive jurisdiction of the courts located within the United Kingdom – England and Wales. Waiver and Severability of Conditions19.3The failure of ADM to exercise or enforce any right or provision of the Contract shall not constitute a waiver of such right or provision. If any provision of the Contract is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Conditions remain in full force and effect.Statute of Limitations19.4The Customer agrees that regardless of any statute or law to the contrary, any claim made by the Customer or cause of action arising out of or related to use of the Services or the Contract must be filed within one (1) year after such claim or cause of action arose or be foreverbarred.19.5The section headings in the Conditions are for convenience only and have no legal or contractual effect.