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1. Acceptance of Terms Offshore Advisor welcomes you. Offshore Advisor provides its service ("Service") subject to the following Provider Terms of Service ("PTOS"), which may be updated from time to time without notice to you. You are bound by any such revision or modification. You can review the most current version of the PTOS by logging in to your provider account and clicking on "Terms of Service" link. By using the service in any way, you are agreeing to comply with the PTOS. Should you object to any term or condition of the PTOS, any guidelines, or any subsequent modifications or become dissatisfied with Offshore Advisor in any way, your only recourse is to immediately discontinue use of Offshore Advisor. |
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2. Description of Service
Offshore Advisor provides services to match buyers and sellers of services. The key offerings are a Match Service and a Directory Service. |
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A. Match Service The Offshore Advisor Match Service connects buyers with sellers. Providers register, fill out a profile, complete the verification process, and register with Customer Care for the Match Service. Once registered for the Match Service, Providers are eligible to receive match leads. Buyers submit their project and contact information to Offshore Advisor. Offshore Advisor matches Buyers with a short list of Providers. The Providers on the short list are given accesses to the Buyer project and contact information. Providers can then contact buyers regarding the projects. Note, in delivering this service we also give Buyers access to Providers contact information (email and phone number). |
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B. Directory Service Offshore Advisor also provides a Directory Service where Providers can submit a profile for listing in one or more directories. As with the Match service, the profile includes information on your company including your contact information. Buyers can review the Provider profiles, ratings and feedback. Buyers can elect to contact Providers for more information via the Contact Provider function. Buyers can also elect to leave feedback on Providers. As with the match service, we share your profile and contact information with Buyers. We do not guarantee that a Buyer's project requirements will be matched to your profile or that a Buyer will contact you directly via the Directory. Nor can we guarantee Buyers'credentials. Although we take certain steps to confirm the project information submitted by some of the Buyers, we make no guarantees or representations regarding the Buyers profile information, their project information, or payment for the work if you elect to enter into contract with them. Offshore Advisor does not endorse or recommend any of the Buyers. It is entirely up to you to enter into a direct contract or otherwise reach agreement with a Buyer, and we do not guarantee or warrant their performance, project requirements, project outcome and/or project payment. The Buyers are not agents of Offshore Advisor, nor is Offshore Advisor an agent of the Buyers. You should exercise as much caution as you would typically exercise with any other contract for products or services. Should you have a dispute with any Buyer, you must address such dispute with the Buyer directly. You hereby agree to release Offshore Advisor (and our employees and agents) from any and all damages or claims (including consequential and incidental damages) arising out of or in any way connected with such disputes and your transactions with Buyers. |
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C. Use of the Service Favorang has established a Privacy Policy to explain how data on users is collected and used. You can view the Privacy Policy by going to http://www.favorang.com and clicking on the "Privacy Policy" link. Your use of the Favorang website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that Favorang may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TOS; respond to claims that any Content violates the rights of third-parties; protect the rights, property, or personal safety of Favorang, its users or the general public. |
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6. Member Account, Password and Security Offshore Advisor's sole role is to connect buyers and sellers of services. |
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D. Information Provided to Us
You will be asked to provide information regarding your company, area of experience, and contact information. The information you provide us must be complete and accurate. You agree that the content you provide in using our services, including but not limited to data, images, communications and other materials transmitted to our site or transmitted relative to services offered on our site: will not violate any law, statute or ordinance; will not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; will not be false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, or threatening. You are solely responsible for the content you provide in using our services and you hereby agree to release Offshore Advisor (and our employees and agents) from any and all damages or claims (including consequential and incidental damages) arising out of or in any way connected with such disputes arising out of or related to your content. |
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E. Transactional Communications Offshore Advisor, from time to time, may send you certain communications, such as lead notifications, service announcements, and administrative messages, and you recognize that these communications are considered part of Offshore Advisor membership and you will not be able to opt out of receiving them. If you would like to close your account, please notify customer care via the Contact Us link at the bottom of every page. |
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F. Buyer Communication You recognize that by participating in the Match Service or entering a profile in the Directory Service, Buyers may contact you and that this is an integral part of the service. |
| G. Feedback You recognize by participating in the Match Service or Directory Service, Buyers may elect to leave feedback on your Profile. Although we may take certain steps to confirm the project information submitted by some of the Buyers, we make no guarantees or representations regarding the Buyers profile information, their project information, or feedback ratings or comments. Offshore Advisor does not endorse or recommend any of the Buyers or their feedback. Buyers are not agents of Offshore Advisor, nor is Offshore Advisor an agent of the Buyers. Should you have a dispute with any Buyer, you must address such dispute with the Buyer directly. You hereby agree to release Offshore Advisor (and our employees and agents) from any and all damages or claims (including consequential and incidental damages) arising out of or in any way connected with such disputes and your transactions with Buyers. |
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3. Use of Offshore Advisor Services
Offshore Advisor's sole role is to connect buyers and sellers of IT services. Offshore Advisor may generate leads for IT Service Providers through its Matching Service. Secondarily, Offshore Advisor provides a Directory Service that allows Providers to publish profiles and a forum for Buyers to publish feedback. You will be asked to provide information regarding your company, area of experience, and contact information. The information you provide us must be complete and accurate. You agree that the content you provide in using our services, including but not limited to data, images, communications and other materials transmitted to our site or transmitted relative to services offered on our site: will not violate any law, statute or ordinance; will not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; will not be false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, or threatening. You are solely responsible for the content you provide in using our services and you hereby agree to release Offshore Advisor (and our employees and agents) from any and all damages or claims (including consequential and incidental damages) arising out of or in any way connected with such disputes arising out of or related to your content. You agree to respond within two (2) business days to every Buyer contact generated via the Directory Service and /or Match service. You agree not to distribute or re-sell any leads and/ or Buyer information to any third party, without express written permission from Offshore Advisor. You can only use the lead and/or Buyer information only for the purposes outlined in this PTOS. You may not add information from the lead or Buyer to any newsletter, magazine, or communication subscription without first obtaining an independent opt-in request from the Buyer. You agree not to use any lead or Buyer information for purposes of cross-selling other products and services not sold and delivered by your company. It is agreed that your use of Offshore Advisor services is for marketing your company's services and not for any other purpose including advertising third party services or competitive intelligence. You acknowledge that Offshore Advisor follows a Verification process for acceptance into the Match service and has the right (but not the obligation) in our sole discretion to deny your eligibility to participate in the Match process. Offshore Advisor reserves the right to independently review and approve the provider profile and reserves the right to refuse any profile request or to cancel any profile for any reason at any time. Providers must promptly update any changes in factual information contained in the provider profile. Offshore Advisor reserves the right to withhold the forwarding of any lead to any Provider for any reason, including but not limited to the fact that Offshore Advisor may, in its sole discretion determine there is not a good fit between the provider's capabilities and the project or that a Provider has reached their Match Service subscription amount. Offshore Advisor is not responsible for any failure to receive the leads or Buyer information due to spam filters, address-book filters, filters imposed by internet service providers, failure on the part of the Provider's email servers or internet service provider, failures to access the Offshore Advisor site or service interruptions to the Offshore Advisor site. If it is determined or suspected by Offshore Advisor in its sole discretion that you are misusing or attempting to misuse or circumvent the Offshore Advisor services or system, or are using or attempting to use it for any inappropriate purposes, including but not limited to activities such as hacking, fraud, advertising, or spamming, Offshore Advisor reserves the right, in its sole discretion, to immediately terminate your access without notice and to commence legal actions or proceedings to seek remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies. |
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13. Exclusions and Limitations Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. |
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4. Information Provided to Us When using Offshore Advisor services, you will be prompted to disclose certain information about yourself and your company. This information will be list in the Directory and will be sent to those Buyers that you may be connected with via the Match process. You agree to only complete a Provider Profile for your company yourself or another person who has authorized you to share his or her contact information. You promise that all information you provide will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or Offshore Advisor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Offshore Advisor has the right to refuse you any current or future use of the Offshore Advisor services. You are responsible for any use of the Offshore Advisor services by persons to whom you intentionally or negligently allow access to your password. Your acceptance of these Terms & Conditions indicates that you expressly consent to our use and disclosure of your personal information in accordance with our Privacy Policy. In consideration of your use of the Service, you represent that you are of 18 years of age or older, are of legal age to form a binding contract, and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. |
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5. Use of Offshore Advisor Content Offshore Advisor provides content including but not limited to text, photographs, graphics, data, and other material ("Content") that are protected worldwide by copyright and other laws. The Content includes both content owned or controlled by Offshore Advisor and content owned or controlled by third parties. You understand that Offshore Advisor does not control, and is not responsible for Content made available through the Service by third parties, and that by using the Service, you may be exposed to Content that may be inaccurate or misleading. Furthermore, the Offshore Advisor site and Content available through the Service may contain links to other websites, which are independent of Offshore Advisor. Offshore Advisor makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Offshore Advisor be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that Offshore Advisor does not pre-screen or approve Content, but that Offshore Advisor shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the PTOS or for any other reason. You understand that Offshore Advisor cannot guarantee the identity of any other member with whom you may interact in the course of using the Offshore Advisor Service. Additionally, we cannot guarantee the authenticity of any data which Buyers or Providers may provide. You agree that you will not use this site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. Use of Offshore Advisor content for any other purpose is expressly prohibited by law, and may result in civil and criminal penalties. |
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6. Communications
Offshore Advisor may send you information related to your leads, provider profile, a Contact Provider Request, Buyer Feedback or your Offshore Advisor account. You acknowledge and agree that Offshore Advisor has the right to do so. Buyers using the Directory Service or Match Service may send you information related to these requests. |
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7. Privacy Policy Offshore Advisor has established a Privacy Policy to explain how data on users is collected and used. You can view the Privacy Policy by going to http://www.OffshoreAdvisor.com and clicking on the "Privacy Policy" link. Your use of the Offshore Advisor website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that Offshore Advisor may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the PTOS; respond to claims that any Content violates the rights of third-parties; protect the rights, property, or personal safety of Offshore Advisor, its users or the general public. |
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8. Member Account, Password and Security You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Offshore Advisor of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Offshore Advisor cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. |
| 9. Termination of Service
You agree that Offshore Advisor, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Offshore Advisor believes that you have acted inconsistently with the letter or spirit of the PTOS. Further, you agree that Offshore Advisor shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. |
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10. Proprietary Rights The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Offshore Advisor. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of Offshore Advisor, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. Although Offshore Advisor does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Offshore Advisor an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize. Furthermore, by posting Content to any public area of the Service, you automatically grant Offshore Advisor all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose. |
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11. Provider and Feedback Verification and Disclaimers Offshore Advisor provides verification services at the time providers register for the Match Service. This verification may also be referred to as "Prescreening". Offshore Advisor also conducts verification services for some feedback and ratings displayed by the service. You agree to cooperate with any and all verification activities conducted by Offshore Advisor. This may include Provider Verification or Feedback Verification. You also recognize you must complete of some or all of the Provider Verification is required to participate in the Match Service. You also recognize that Verification status is in the sole discretion of Offshore Advisor. Verification or Prescreening of providers may include but is not limited to the following criteria: Identity Verification (Reverse Phone or Domain Lookup) - Offshore Advisor verifies provider identity by confirming the phone number and/or email URL given matches the provider. Verification may include reverse look-up services or call back services. - Identity Verification (Financial Transaction) - Offshore Advisor verifies the identity of the provider's principal contact via a financial transaction (e.g. Amex, Visa, Paypal, bank transfer) - Business Registration or Licensing Verification - Where available and applicable, Offshore Advisor may verify business registration or licensing. Verification may include review of license documents or the use of license verification services. Licensing requirements vary by country and state and may not be readily available or applicable for many providers. - Web Site Verification - Offshore Advisor verifies the ownership of provider's principle website. Ownership is confirmed via the use of reverse look-up services and/or domain email access. - Internet/ Public Records Search - Offshore Advisor conducts a search of internet and public records on the provider. The data collected is checked for consistency with the provider's profile at registration. - Agreement to Provider Terms of Service - Each provider must agree to the Terms of Service (PTOS) for providers. The provider PTOS sets requirements for provider's use of this service. - Reference/ Feedback Verification - Provider Verification or Prescreening requires two positive, verified references or project feedbacks. Positive is defined as a numerical rating of 4 or higher on a 5 point scale where 1 is "very poor" and 5 is "very good". The criteria for feedback verification are below. Verification of references or feedback may include but is not limited to the following activities: - Clarification of Project Scope - Offshore Advisor contacts feedback contributors (or references) to confirm the scope of their project and help ensure consistency with descriptions on the service. Clarification is conducted via telephone or email. - Clarification of Ratings - Offshore Advisor also contacts feedback contributors to help ensure consistency of ratings and reviews. Clarification is conducted via telephone or email. - Identity Verification (Reverse Phone Lookup) - Offshore Advisor verifies feedback contributor's identity by confirming the name or company associated with phone number matches the name or company provided. Verification may include reverse look-up services or call back services. - Identity Verification (Web Search) - Offshore Advisor seeks to verify feedback contributor's identity and association with company via a web search. Search includes company name and contributor's name. - Identity Verification (Email Access) - Offshore Advisor verifies feedback contributor's identity by confirming access to email with the domain associated with the reference company. Verification is completed via site registration or follow-up email exchange. |
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12. Provider Ratings and Reviews
Offshore Advisor allows Buyers to post feedback on providers listed in the Directory Service. All Ratings & Reviews reflect the opinions of other buyers, and do not reflect or represent the opinions or representations of Offshore Advisor. Offshore Advisor disclaims any and all representations or warranties with regard to the Ratings & Reviews. |
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13. Fees
A. Fees Basic Directory Service - Completing a profile and publishing it to a directory is free of charge. Directory Premium Placement - Providers that publish a profile in a directory can pay a monthly subscription fee for a higher placement in directory. Directory listings are ranked first by buyer selected filter criteria, second by monthly subscription value, third by percent positive feedback and forth by the number of feedbacks. Providers can select any subscription value over $10/month. Placement is a directory is dependent on your subscription value and the subscription values of other providers in the directory. Match Service - There is a monthly membership fee to participate in the match process. Providers can select their desired monthly subscription value and the types of leads they would like to receive. Offshore Advisor then provides leads through the month until the subscription value is met. Note, Offshore Advisor groups leads in different categories each with their own price. Offshore Advisor charges the first monthly fee the date of agreement for service and then on the first of each successive month. All fees will be charged via a credit card or PayPal. By completing subscription and billing information you authorize such Fees to be charged to your credit card and represent and warrant that you are empowered by the Provider/Company to bind Provider/Company to said obligations. In addition, the Provider hereby authorizes Offshore Advisor to charge Provider's/Company's credit card for any and all amounts previously invoiced to Provider/Company by Offshore Advisor and which remain unpaid. All statements will be sent directly via email on the date the Company's credit card is charged. If you have any questions regarding charges to your account, you must notify Offshore Advisor with 7 days. You must provide Offshore Advisor with accurate and complete billing information. Any changes to this information must be reported to Offshore Advisor within three (3) days of the change. If a charge is disapproved by the financial institution, Offshore Advisor will notify you via email, and you must cure the disapproval. If disapproval is not cured within seven (7) days of the date of the notice, Offshore Advisor reserves the right to charge an administrative fee in the amount of forty dollars ($40) and to pursue any other available remedy. Offshore Advisor is not responsible for any charges or expenses (e.g. for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by Offshore Advisor. B. Credit Procedure At Offshore Advisor's sole discretion, the Company's account may be credited for a Match lead that: (a) does not have valid contact information; (b) is determined by Offshore Advisor to be fraudulent; (c) is submitted by a competitor; (c) is not submitted for a service category specified in the Project Form. In order to be eligible to receive a credit for any Match lead, provider must contact customer care within seven (7) days. C. Fees Subject to Change The Fees set forth in the Pricing page are subject to change. Offshore Advisor will notify the Company prior to the change coming into effect. E. Nonpayment. In the event of non-payment, Offshore Advisor reserves the right to suspend or terminate the Company's account until such charges are paid. |
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14. Disclaimer of Warranties You expressly understand and agree that: Your use of the service is at your sole risk. Offshore Advisor and its parent company, subsidiaries, affiliates, officers, employees, agents, partners and licensors make no representations about the suitability of the information contained in the documents and related graphics published on this server of any purpose. The service is provided on an "as is" and "as available" basis. Offshore Advisor and its parent company, subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement and any and all liability for direct indirect, special, incidental, consequential, exemplary or punitive damages arising out of this agreement or any consequences which flow from it.. Offshore Advisor and its parent company, subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the service will meet your requirements; (ii) the service will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the service will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations; and (v) any errors in the software will be corrected. Any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from Offshore Advisor or through or from the service, or through or from third parties on the service shall create any warranty not expressly stated in the PTOS. In no event will Offshore Advisor be liable for damages caused by any online service, lead provided by Offshore Advisor, transmission of communications, or computer system failure. In no event is Offshore Advisor its parent company, officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, providers and employees, liable for any consequential, special incidental or other damages including but not limited to loss of business , revenues, profits of data or the cost of other forms of advertising. |
| 15. Exclusions and Limitations Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. |
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16. Indemnity You agree to indemnify and hold Offshore Advisor, its parent company, officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, providers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the PTOS, your breach of any of the representations and warranties herein, or your violation of any rights of another. |
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17. Copyright or Intellectual Property Infringement Offshore Advisor respects the intellectual property of others. Offshore Advisor may, at its discretion, disable and/or terminate the accounts of users who infringe the rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been violated, please contact us. |
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18. General Information The PTOS constitute the entire agreement between you and Offshore Advisor and govern your use of the Service, superseding any prior agreements between you and Offshore Advisor. The PTOS and the relationship between you and Offshore Advisor shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions. The failure of Offshore Advisor to exercise or enforce any right or provision of the PTOS shall not constitute a waiver of such right or provision. If any provision of the PTOS 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 PTOS remain in full force and effect. 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 the Service or the PTOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. |
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19. Violation of PTOS Please report any violations of the PTOS by contacting customer care. |
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20. Comments and Suggestions We welcome your comments and suggestions. Please contact customer care. |
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