Effective knowledge sharing is vital for the success of any organization, and nowadays it is lacking.
JustA is a platform that connects knowledge consumers from within the company to the best knowledge sources available – whether it is an analyzed database or a knowledgeable colleague.
JustA dismantles information silos by making knowledge sharing easy, creating one centralized platform to store and share knowledge without making it a time-consuming process.
This way, employees have better answers, they are not frustrated from not finding the information they need, hence, they spend more time working and their work quality is improved.
IMPORTANT: BY USING ASK JUSTA LTD.'S ("COMPANY" OR "WE") SERVICES
GENERALLY KNOWN AS JUSTA (COLLECTIVELY, THE "SERVICES") YOU ("YOU")
THAT ALL PII (DEFINED BELOW) THAT YOU SUBMIT OR THAT IS PROCESSED OR
COLLECTED THROUGH OR IN CONNECTION WITH YOUR USE OF THE SERVICES WILL
BE PROCESSED BY THE COMPANY AND ITS AFFILIATES IN THE MANNER AND FOR THE
YOU ARE NOT LEGALLY REQUIRED TO PROVIDE US WITH PII, HOWEVER, USE OF THE SERVICES REQUIRES THAT YOU PROVIDE PII. IF YOU CHOOSE TO WITHHOLD ANY PII REQUIRED IN RESPECT THEREOF, IT WILL NOT BE POSSIBLE FOR YOU TO USE THE SERVICES. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH HEREIN PLEASE DO NOT USE THE SERVICES.
“PII” means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
1. Information We Collect and How We Use It.
In order to provide and operate our Services and provide services in connection therewith, we collect and process PII, including the following types of information:
1.1. Your Account Information. When you subscribe to use the Services we ask you to provide PII, including: Full name, email address, title at the Organization, and if you are registered under an admin account also phone number and physical address.
1.2. Your Professional Profile. We use information submitted by you, information from your Linkedin profile, information submitted by the Organization and your peers and information generated during your use of the Services, in order to map your fields of expertise. We do this in order to improve the Services provided to you and to the Organization by refer to you queries within your field and enhancing the assistance we offer you in other fields.
1.3. Usage Information. We collect all queries and responses made on the Services, including text, attached files, recorded sound and video footage. This information is retained and processed in order to retain, manage and enhance the organizational information and intelligence of the Organization. Your peers and all users authorized by your Organization will have access to such information.
1.4. Sound and Video. You may record your sound or take video footage self on the Services in order to submit a response to a professional question or record any professional information that you choose to document in such a manner. All such recordings may be made available to all users of your Organization.
1.5. Third Parties. We sometimes supplement the PII with information that is received from third parties. For example we supplement your profile on the Services using information from Linkedin. We may also rely on third party sources in order to protect against fraud or information that is not up-to-date.
1.6. Usage Information. When you use the Services, we automatically receive and record information from your browser, including without limitation information and statistics about your online/offline status, your IP address, geolocation data (including country and city), device identifiers, internet service provider, connection speed, search history, type of browser, your regional and language settings and software and hardware attributes. Our systems automatically record and store technical information regarding the method and nature of your use of the Services. An IP address is a numeric code that identifies your browser on a network, or in this case, the Internet. Your IP address is also used to gather broad demographic information. The Company uses all of the PII identified in this Section in order to understand the usage trends and preferences of our users, including recent visits to our Services and how you move around different sections of our Services for analytics purposes and in order to make our Services more intuitive.
1.7. Aggregate and Analytical Data. In the effort to produce insights regarding use of the Services in order to improve our services and develop and improve automated processes on our Services, we often conduct research on the information submitted. This research is compiled and analyzed on an aggregate basis, and we share this aggregate data with Company’s affiliates, agents and business partners and also disclose aggregated information in order to describe our services to current and prospective business partners or investors. This aggregate information does not identify you or your customers or employees personally.
2. Cookies. In order to collect the data described herein we use temporary cookies that remain on your browser for a limited period of time. We also use persistent cookies that remain on your browser until the Company's Services are removed, in order to manage and maintain the Services and record your use of the Services. Cookies by themselves cannot be used to discover the identity of the user. A cookie is a small piece of information which is sent to and stored on your browser. Cookies do not damage your browser. Most browsers allow you to block cookies but you may not be able to use some features on the Services if you block them. You may set most browsers to notify you if you receive a cookie (this enables you to decide if you want to accept it or not). We also use web beacons via the Services to collect information. Web beacons or "gifs", are electronic images that are used in our Services or in our emails. We use Web beacons to deliver cookies, count visits and to tell if an email has been opened and acted upon.
3. Links. Links to other services, sites and applications are provided by the Company as a convenience to our users. The Company is not responsible for the privacy practices or the content
4. Minors. If any of your data subjects (e.g. employees or customers) are minors under the age of 18, you must obtain parental consent prior to using our Services. The Company will not knowingly contact or engage with children under the age of 18 without said parental consent. If you have reason to believe that a child has provided us with their PII, please contact us at the address given above and we will endeavor to delete that PII from our databases.
6. Data Security. We follow generally accepted industry standards to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of PII. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your PII, we cannot guarantee its absolute security. We retain your PII only for as long as reasonably necessary for the purposes for which it was collected or to comply with any applicable legal or ethical reporting or document retention requirements.
8. Rights of Data Subjects.
8.1. Right of Access and Rectification. Data subjects have the right to know what PII we collect about them and to ensure that such data is accurate and relevant for the purposes for which we collected it. We allow data subjects the option to access and obtain a copy of their PII and to rectify such PII if it is not accurate, complete or updated. However we may first ask data subjects to provide us certain credentials to permit us to identify their PII.
8.2. Right to Delete PII or Restrict Processing. Data subjects have the right to delete their PII or restrict its processing. We may postpone or deny such requests if the PII is in current use for the purposes for which it was collected or for other legitimate purposes such as compliance with legal obligations.
8.3. Right to Withdraw Consent. Data subjects have the right to withdraw their consent to the processing of their PII. Exercising this right will not affect the lawfulness of processing the PII based on consent obtained before its withdrawal.
8.4. Right of Data Portability. Where technically feasible, data subjects have the right to ask to transfer their PII in accordance with their right to data portability, if required pursuant to applicable law. Data subjects may exercise the above rights by sending a request to [firstname.lastname@example.org].
8.5. Right to Lodge Complaint. Data subjects also have the right to lodge a complaint with a data protection supervisory authority regarding the processing of their PII.
IMPORTANT: BY USING THE SERVICES (DEFINED BELOW) YOU ACCEPT THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH HEREIN PLEASE DO NOT USE THE SERVICES. 1. Acceptance of Terms
2. License Subject to the terms and conditions set forth herein, JustA hereby grants you, and you accept, a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and make personal use of the Services, only according to the terms of these Terms. The license may be suspended or terminated by JustA at any time.
3. Limitations on Use You undertake to use your account on the Services solely in connection with your work for the organization under which you registered. Except as specifically permitted herein, you agree not to (i) harass, intimidate, bully or threaten any person; (ii) sell, license (or sub-license), lease, assign, transfer, pledge, or share your account and/or any of your rights under these Terms with/to any third party; (iii) transfer, distribute, scrap, copy all or any part of the Services and/or the JustA IPR (as defined below); (iv) syndicate any part of the Services or refer to the Services by use of framing; (v) make use of the Services in any jurisdiction where same are illegal or which would subject JustA or its affiliates to any registration requirement within such jurisdiction or country; (vi) use, or encourage, promote, facilitate or instruct others to use the Services for any illegal, harmful or offensive use; (vii) transmit or upload any viruses, spyware or other harmful, infringing, illegal, disruptive or destructive content, messages or files; (viii) use the Services in a manner that is reasonably likely to bring any person or property into disrepute, including any use in advertising or promoting illegal behavior, hostility or discrimination based on race, religion, ethnic background, sex, age, disability or sexual preference or any other subject matter that would be reasonably likely to be offensive or unflattering to any such person or proper, (ix) access the Services through or use with the Services any automated or unauthorized means, services or tools including without limitation any data mining, robots, or any other automated means or data gathering and extraction tools, including without limitation in order to extract for re-utilization of any parts of this Services; (x) perform any act that destabilizes, interrupts or encumbers the Services or their servers or use “load testers”, that enable sending more request messages to the servers of the Services, in a given period of time, than a human can reasonably send in that time period by using the Services; (xi) create false personas, multiple identities, set up an account on behalf of someone other than yourself or create another account after We have already disabled your account; (xii) penetrate or circumvent or attempt to penetrate or circumvent any technical restrictions or limitations included in the Services or its servers; (xiii) falsely imply or state that you represent a group or individual. You are solely responsible for obtaining, paying for, repairing and maintaining all the equipment, software, hardware and services required for getting access to and using the Services.
4. Ownership of Proprietary Rights
4.1 Your Content (as defined below) shall be owned by your Organiation.
4.2 The Services, including without limitation any underlying data, software, algorithms, technology, design, layout, logos, tradenames, text, images, sound, music, videos, Feedback (defined below), "look and feel" and features and any enhancements, improvements and derivatives thereof and all Intellectual Property Rights related thereto ("JustA IPR") are the property of JustA and/or its licensors who retain all right, title and interest in connection therewith. No transfer or grant of any rights by JustA is made or is to be implied by any provision of these Terms or by any other provision contained in the Services with respect to the JustA IPR or otherwise, except for the limited license set forth in Section 2 above. "Intellectual Property Rights" means worldwide, whether registered or not (a) rights associated with works of authorship, designs, mask works and photography including copyrights; (b) trademarks, service marks, domain names, logos, trade names, trade dress, the right to publicity and goodwill rights; (c) patents, patent applications and industrial designs; (d) trade secrets; (e) rights analogous to those set forth herein and any other proprietary rights relating to intangible property; (f) divisions, continuations, renewals, reissues and extensions of the foregoing (as applicable) now existing or hereafter filed, issued, or acquired.
5. Your Content
5.1 Your Content. You shall have sole responsibility and liability for Your Content (defined in Section 5.3 below) and for your use of the Services. JustA shall not be liable or responsible for Your Use or any parts thereof. If JustA believes, as determined at its sole discretion, that any of Your Content violates the Terms or any applicable laws, or is not useful, is inaccurate, incomplete, misleading or otherwise inappropriate, JustA may remove or edit Your Content without notice or explanation. You hereby grant JustA a worldwide, irrevocable, royalty-free license to use, host, store, reproduce, modify, adapt, edit and translate Your Content and to display and provide Your Content within the Organization or to anyone authorized by the Organization or its admin account. We may also use Your Content internally for the purpose of maintenance and improvement of the Services.
5.2 Confidentiality. JustA shall not share Your Content with other users or your competitors and shall protect its confidentiality, except for aggregate statistics and usage trends that do not identify any work methods or trade secrets of your Organization.
5.3 Representations and Warranties. You represent and warrant to JustA that Your Content: (i) complies with and will comply with all applicable laws, rules and regulations, the Terms and will not infringe the rights of any third party, including without limitation any Intellectual Property Rights, confidentiality and the right to privacy, (ii) does not and will not contain any threatening, offensive, racist, hateful, violent, sexually explicit, obscene, libelous, defamatory, false, misleading or otherwise inappropriate content, (iii) is free from any restrictions, third party rights, payment obligations and/or royalties (including without limitation to any collecting societies).
5.4 "Your Content" shall mean any and all text or recorded sound or videos that you submit or upload to the Services.
6. Your Account and Feedback
You are solely responsible for any actions performed in the Services under your credentials. Keeping your credentials safe is your sole responsibility. If you have any reasons to suspect that your credentials were discovered by any third party or that there was an unauthorized access to your account you will immediately notify JustA and modify your login information. The Services are intended for use by users at least eighteen (18) years old, you hereby declare that you are eighteen (18) years old or older and undertake to monitor your account to ensure that no minor under that age has access to the Services. Upon request from the Organization, we may suspend or close your account or transfer all of your permissions on the account to another person designated by your Organization. We appreciate hearing from our users and welcome your comments regarding the Services. Notwithstanding anything to the contrary herein, please be advised, however, that if you send us ideas, suggestions, inventions, or materials regarding the Services ("Feedback"), we shall: (i) own all right, title and interest in and to the Feedback without any restriction; (ii) not be subject to any obligation of confidentiality; and (iii) be entitled to unrestricted use of the Feedback for any purpose whatsoever, without compensation or credit to you or any other person.
7. User Warranties and Representations You represent and warrant to JustA that: (a) you have, and will have at all times, all rights, licenses and consents required for your use of the Services, including without limitation in respect of the provision of and license to Your Content provided to JustA herein and the authorization of your Organization; and (b) your use of the Services shall comply with all applicable laws.
9. Disclaimer YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR OWN RISK. THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, JUSTA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. JUSTA DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. JUSTA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE JUSTA IPR OR SERVICES INCLUDING WITHOUT LIMITATION THEIR CORRECTNESS, COMPLETENESS, ACCURACY, RELIABILITY, AVAILABILITY OR OTHERWISE. WITHOUT DEROGATING FROM THE FOREGOING, THE INFORMATION PROVIDED THROUGH THE SERVICES MAY BE PARTIAL, OUT-DATED, INACCURATE AND SUBJECT TO CHANGE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY DAMAGE OR LOSS THAT MAY ARISE BY VIRTUE OF YOUR USE OF OR RELIANCE UPON THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. Limitation of Liability TO THE MAXIMUM PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES WHATSOEVER WILL JUSTA AND ITS AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTS AND SUPPLIERS BE RESPONSIBLE OR LIABLE TO YOU OR TO YOUR ORGANIZATION OR TO ANY OTHER ENTITY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE INCLUDING WITHOUT LIMITATION ANY LOST PROFITS AND LOST BUSINESS OPPORTUNITIES, BUSINESS INTERUPTION, LOSS OF INCOME, LOSS OF DATA OR OTHER INTANGIBLE LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT DEROGATING FROM THE FOREGOING, IF DESPITE THE FOREGOING JUSTA WILL BE FOUND LIABLE OR RESPONSIBLE BY A COMPETENT AUTHORITY, UNDER ANY LEGAL THEORY, JUSTA' AGGREGATE LIABILITY SHALL NOT EXCEED THE HIGHER OF: (I) THE TOTAL CONSIDERATION YOUR ORGANIZATION PAID TO JUSTA FOR THE SERVICES DURING THE TWELVE (12) MONTHS PERIOD THAT PRECEDED THE EVENT THAT GAVE RISE TO THE CLAIM; AND (II) 500$. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. Indemnification You agree to defend, indemnify and hold JustA and anyone on its behalf, including but not limited to, all of its owners, managers, officers, affiliates, employees, licensors and suppliers harmless against any losses, expenses, costs, claims, damages (including attorneys' fees, expert fees' and other costs of litigation) and liability arising from, incurred as a result of, or in any manner related to: (i) your use of the Services, including any third party claim in respect of Your Content; (ii) any breach of these Terms; or (iii) any use of the Services that is not authorized by your Organization or that violates any of your Organization’s policies.
13. Notice And Takedown In the event that you believe that any content included in the Services violates your Intellectual Property Rights, right to privacy or is defamatory or otherwise illegal, inappropriate or offensive, please file a detailed notice of complaint to JustA in the following link [email@example.com], identifying such content and detailing the facts basis of your complaint and we will make reasonable efforts to remove the content.
14. Termination We may terminate your account and right to access or use the Services: (a) if you have a paid subscription (i) in accordance with your subscription terms, or (ii) if you breached any of the Terms, within thirty (30) days’ written notice; and (b) if you use the Services for free or failed to pay on time, immediately, at our sole discretion, without notice. Upon termination or expiration you shall immediately cease using the Services and the following Sections shall survive: 1,3, 4, 7-16. We shall retain all of the Organization’s content (all of Your Content for the entire Organization) for thirty (30) days following the expiration or termination of the Organization’s subscription to or account on the Services in order to enable the Organization to download such content (if the Organization fulfilled all of the payment obligations in respect of its account) and thereafter will delete such information.
15. BINDING ARBITRATION
15.1 Applicability of Arbitration Agreement for USA Users. All claims and disputes between users from the USA and JustA, arising out of or relating to this Agreement or the use of the Services that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis ("Disputes"), except that you and JustA are not required to arbitrate any dispute for enforcement or infringement of either party's Intellectual Property Rights ("Excluded Disputes"). Any and all Disputes relating to, arising out of, or in any way in connection with your rights of privacy and publicity are not Excluded Disputes. 15.2 Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association ("AAA"). If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with this Agreement. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single neutral arbitrator. Any Disputes where the total amount sought is less than $10,000 may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For Disputes where the total amount sought is $10,000 or more, the right to a hearing will be determined by the arbitral forum's rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
15.3 Additional Rules for Non-appearance Arbitration. If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.
15.4 Authority of the Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and JustA. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and this Agreement. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and JustA.
15.5 Waiver of Jury Trial. YOU AND JUSTA WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, OTHER THAN IN RESPECT OF EXCLUDED DISPUTES. You and JustA are instead electing to have claims and disputes resolved by arbitration. In any litigation between you and JustA over whether to vacate or enforce an arbitration award, YOU AND JUSTA WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
15.6 Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER, MARKETING AFFILIATE OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in Section 15.12 below.
15.7 Confidentiality. No part of the procedures will be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order, or unless required by law. Notwithstanding the foregoing, no party will be prevented from submitting to a court of law any information needed to enforce this arbitration agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
15.8 Right to Waive. Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.
15.9 Opt-out. You may opt out of this arbitration agreement. If you do so, neither you nor JustA can force the other to arbitrate. To opt out, you must notify JustA in writing no later than thirty (30) days after first becoming subject to this Agreement. Your notice must include your name and address, the email address and phone number you provided through the App when you registered or made a purchase, and an unequivocal statement that you want to opt-out of this arbitration agreement. You must submit a request at the following email address: [firstname.lastname@example.org].
15.10 Small Claims Court. Notwithstanding the foregoing, either you or JustA may bring an individual action in small claims court.
15.11 Arbitration Agreement Survival. This arbitration agreement will survive the termination of this Agreement and your relationship with JustA.
15.12 Venue for Excluded Disputes. Excluded Disputes shall be governed by and construed exclusively in accordance with the laws of the State of Israel, without regard to the principles of conflict of law therein. The parties consent to the exclusive jurisdiction of the competent courts of Tel Aviv-Jaffa, Israel in respect of Excluded Disputes and hereby submit themselves to the exclusive jurisdiction of these courts.
15.13 U.N. Convention. The application of the United Nations Convention of Contracts for the International Sale of Goods or other international laws is expressly excluded, whether the claim is in arbitration or at court.
16. General (i) Excluded Disputes and disputes with non-USA users shall be governed by and construed in accordance with the laws of Israel, without regard to the principles of conflict of law therein. The parties consent to the exclusive jurisdiction of the courts of Tel-Aviv in respect of Excluded Disputes and disputes with non-USA users and the parties hereby submit themselves to the exclusive jurisdiction of these courts. The application of the United Nations Convention of Contracts for the International Sale of Goods or other international laws is expressly excluded, whether the claim is in arbitration or at court; (ii) if any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and if such provision is determined to be invalid or unenforceable nonetheless, the provision shall be deemed to be severable from the remainder of these Terms and shall not cause the invalidity or unenforceability of the remainder of these Terms; (iii) You acknowledge and agree that JustA has the right, at any time and for any reason, to redesign or modify the Services and presentation of Your Content and other elements of the Services or any part thereof; (iv) these Terms are the entire agreement between you and JustA regarding the subject matter herein and these Terms shall not be modified except by a written instrument executed by both parties; (v) JustA may assign these Terms, in whole or in part, in its sole discretion. You are not entitled to assign or otherwise transfer the Terms, or any of your rights or obligations hereunder, to any third party without the prior written consent of JustA. Any unauthorized assignment will be void and of no force or effect; (vi) no provisions of these Terms are intended or shall be construed to confer upon or give to any person or entity other than you and JustA any rights, remedies or other benefits under or by reason of these Terms; (vii) JustA' failure to enforce any rights granted hereunder or to take action against you in the event of any breach hereunder shall
not be deemed a waiver by JustA as to subsequent enforcement of rights or subsequent actions in the event of future breaches; (viii) all waivers must be in writing. Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion; (ix) ANY CAUSE OF ACTION INITIATED BY YOU AND ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED AND YOU SHALL BE DEEMED TO WAIVE ANY CLAIM YOU MAY HAVE IN ESPECT THEREOF. If you have any further questions or require further clarification, please contact us by sending an e- mail to: [email@example.com].